Name and shame the bigots, says minister

Roseanna Cunningham also promised the new laws being debated in the Scottish Parliament would be part of a much wider focus on sectarianism.

Meanwhile, Lord Advocate Frank Mulholland said the legislation could produce a “transformational attitude” and backed the new laws to tackle the social acceptability of sectarianism, in the same way that racism and drink-driving had been tackled in the past.

Both the minister for community safety and the chief of the Scottish prosecution system defended the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill, which has been criticised for being too “vague”.

Professor Tom Devine, a historian, has warned it will make prosecuting offenders harder, rather than easier, while the Scottish Police Federation believed there would be “initial pain”, with test-case appeals being used to define the law.

Mrs Cunningham said: “Football fans are particularly worried about gaining a criminal record and being banned from watching football.

“But criminal records of these bigots should say exactly what their offending is, so employers, families and friends know the truth about the individual.”

She added: “It’s part and parcel of a much wider focus we want to have on sectarianism as a whole. The atmosphere [at a game between Hearts and Celtic last season] described by a sheriff as vicious and poisonous is not something we want to have in Scotland.”

Last season saw 34 arrests at one Old Firm game, which also featured a touchline clash between Rangers’ Ally McCoist and Celtic’s Neil Lennon.

Parkhead manager Lennon also received bullets through the post, while explosives were mailed to him, his lawyer Paul McBride, QC, and former MSP Trish Godman.

Mr Mulholland said the legislation could trigger a cultural change in attitudes towards sectarianism.

“Think back to the problem we had with racially aggravated conduct 15, 20 years ago,” he told the justice committee. “And we remember the social acceptability of drink driving.

“So there’s a transformational attitude to legislation that should never be overlooked. In my judgment, the legislation is absolutely necessary and will have a significant impact in challenging behaviour of this nature in future.”

Both the Scottish Government and Crown Office have declined to say what songs, chants or banners would lead to arrests, as they believe a definitive list would soon be out of date and would encourage people to find loopholes.

Justice committee member James Kelly, who is Scottish Labour’s community justice spokesman, repeatedly pushed for details of “what constitutes singing and chanting which is sectarian in nature”.

Speaking after the meeting, he said: “Fans need to know where they stand and exactly what is and isn’t acceptable behaviour.

“Unfortunately, after today’s evidence session, we are left no further forward. There are more questions than answers.”

John Lamont, Scottish Conservative justice spokesman, warned against creating a “sliding scale” of sectarianism offences, with those committed in relation to football given higher priority. “Surely we should be saying that all sectarian behaviour is unacceptable,” he said. “By passing these provisions, are we, in some way, having a sliding scale of what is acceptable and what is not?”

Mrs Cunningham did hint at broadening the second part of the bill, which aims to tackle sectarian threats made on the internet, to include other types of prejudice.

The first part also covers offensive remarks on someone’s social or cultural group, colour, race, nationality, ethnic or national origins, sexual orientation, transsexual identity or disability.

“In terms of the second offence, widening that out to include the same categories as the first offence, I have no huge antipathy to that,” Mrs Cunningham said.

Mr Mulholland said: “I’m fairly relaxed about broadening out the second offence, but that is a matter for parliamentarians.”