Fans '˜will escape prosecution' if anti-sectarian law scrapped

Celtic fans arrive for the home league match against Rangers last September fan groups of both clubs back repeal of the act. Picture: Getty Images

Football fans who sing songs about proscribed organisations such as the IRA and the Ulster Volunteer Force could escape prosecution if controversial legislation is repealed, according to police.

Police Scotland said problems created by scrapping the Offensive Behaviour at Football Act would not be “insurmountable”.

But the force warned reverting to older legislation was likely to mean those who sing offensive songs linked to the Troubles in Northern Ireland were likely to go unpunished.

It said the use of police cordons outside games, known as “kettling”, would continue even if the act disappeared from the statute book.

The Scottish Parliament’s justice committee is consulting on legislation which would repeal the act brought in after the Old Firm “shame game” between Celtic and Rangers in 2011. Opposition parties have  united behind a bid by Labour’s James Kelly to scrap the legislation.

Supporters’ group the Celtic Trust and Rangers fans’ shareholder group Club 1872 are among those backing repeal.

However, the Scottish Government argues that the act gives police and prosecutors the power to tackle offensive and threatening behaviour in and around grounds.

In a submission to the  justice committee, Assistant Chief Constable Bernard  Higgins said: “In relation to the proposed repeal of the act, Police Scotland recognises that repeal presents  challenges but it is not believed any of these challenges are insurmountable from a policing perspective.

“For criminal behaviour which is overtly prejudiced in terms of race, religion, disability, sexual orientation or transgender identity, alternative provisions exist and, in the event of repeal, Police Scotland would revert to utilising existing legislation to ensure any perpetrator within a football environment is dealt with in a robust manner.”

But he said some behaviour could be “beyond the reach” of older legislation should the 2012 act be repealed.

He added: “For example, some of the offensive songs which make reference to proscribed organisations and which are currently reported to Police Scotland under  section 1 of the act were not tested under the legislation which predates the act.”

The now defunct Association of Chief Police Officers in Scotland previously warned that, while older legislation such as the 2003 Criminal Justice (Scotland) Act could tackle religious prejudice, it was “ill-suited to address the political sectarianism that is such a characteristic of Old Firm animosity”.