Ministers to outlaw bigotry

Jim Wallace, the justice minister, signalled new laws and tougher sentences in an attempt "to remove the ugly spectre of sectarianism from Scottish society".

But legal experts warned last night that new laws could be a "minefield" since it would be difficult to define sectarianism or religious hatred.

Mr Wallace spoke out after discussions with Jack McConnell, the First Minister, and in the wake of the trouble at the Celtic-Rangers game. Police made nearly 40 arrests during and after the clash at Celtic Park, and there was a scuffle in the players’ tunnel, which was shown on television across the UK.

Mr Wallace is expected to change the law to make sectarianism and religious hatred an aggravation of existing criminal offences. This would allow tougher penalties to be imposed if crimes of breach of the peace or violence involved sectarianism.

Celtic and Rangers football clubs, which have been participating in an Executive working group set up to investigate sectarianism, last night welcomed the move.

"Genuine support from the Scottish Executive to encourage religious tolerance in Scotland must be welcomed," a Celtic spokeswoman said.

Rangers said the club was delighted Mr Wallace and Mr McConnell were considering legislation that would tackle sectarianism. A spokeswoman said: "We have said for some time that the lead should come from the Executive. Rangers will fully support any action to stamp out sectarianism."

However, the Scottish Tories warned that legislation - likely to involve amendments to the Criminal Justice (Scotland) Bill - was unnecessary.

Bill Aitken, the deputy justice spokesman, said: "In general terms the law, as it presently stands, is adequate to deal with breaches of the peace which involve a sectarian element.

"Sheriffs and magistrates already impose higher sentences where there is a sectarian aggravation."

Some members of the working group, set up last year, are understood to have had reservations about the need for legislation because of the complexities involved. The Executive appears ready to override those concerns and is examining two courses of action that would require a change in the law.

The first option would mean adopting, or varying, proposals already contained in an amendment to the Criminal Justice Bill tabled by Donald Gorrie, a Liberal Democrat MSP. These would result in sectarian attacks being treated the same way as offences involving racism.

The second option would result in the Executive coming forward with its own legislative proposals.

Mr Wallace said: "So many people in our country are working hard to make Scotland a more tolerant place but there is no doubt that religious hatred frequently casts a dark shadow over those efforts. Jack McConnell and I will take a firm stance against sectarianism".

Mr Wallace said ministers would consider the views of the working group very carefully, adding: "If we believe that legislation can help us to tackle sectarianism then we will not hesitate to go down that road".

He said changing the law had two factors in its favour. First, it could strengthen the existing legal position. Second it would "send out a very clear signal from the Scottish Parliament that religious hatred has no place in a modern Scotland and will not be tolerated".

Mr Gorrie, a South of Scotland list MSP, last night welcomed Mr Wallace’s statement as a step in the right direction. He said: "This is the clearest hint yet from the Scottish Executive that they will support my amendment to the Criminal Justice (Scotland) Bill.

"I will be delighted if my campaign against sectarianism is not in vain and am pleased the Executive seems to be coming around to my way of thinking."

But a senior legal source warned of the complexities involved in the move. He said: "There could be considerable problems of definition and difficulties in setting the boundaries with any degree of clarity as to what amounts to religious discrimination.

"It could even be difficult to define a religion as there is a variety of different religions and spiritual beliefs.

"I do not think it would be straightforward to draft this legislation at all."

Roseanna Cunningham, the SNP justice spokeswoman, said sectarianism was a blight upon society.

"Any move that helps to tackle it is welcome," she said.