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The View from Supporters Direct Scotland (SDS) on the OBB


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I said I would post something here in response to Zappa's request, whether or not I got the callback from ITN to do a piece to camera; which in the event I didn't.

 

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SDS submitted a paper to the Justice Committee which can be found here: http://www.scottish.parliament.uk/s4/committees/justice/inquiries/OBFTCBill/OBFTCBill.htm click on Justice Committee/Offensive Behaviour at Football and Threatening Communications (Scotland) Bill/Stage 2 scrutiny/Read the written submissions received and scroll down the list.

 

Members of six supporters' trusts were invited to give oral evidence to the committee and at the request of the Celtic and Dundee Utd Trusts, SDS facilitated a pre-meeting which was attended by representatives of Celtic, Rangers, Dundee Utd, Aberdeen and Hearts (Hibs were unable to attend).

 

SDS are members of the Joint Review Group (JRG) which was one of the sub-committees formed by the Joint Action Group (JAG). SDS will be heavily involved in the consultation process for the Code of Conduct which is one of the actions being taken on by the JRG.

 

That is the background to SDS involvement in recent months.

 

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If I had had the opportunity today this is what I was going to say:

 

Scotland is fortunate that fans can go to watch football in this country in an atmosphere that is, for the most part, free of violence, racism and other forms of unacceptable conduct. This is in stark contrast to many countries in Europe where we have recently seen match officials attacked, racism is rife and flares and other missiles are commonplace.

 

Fan’s behaviour at football matches in Scotland has improved out of all recognition compared with the 1970’s and 1980’s. (We have to go back to 1980, when Celtic and Rangers fans fought an on-pitch battle after Celtic’s 1–0 victory in the Scottish Cup final and to a lesser extent 1999, when serious disorder broke out during an Old Firm match at Celtic Park when missiles were thrown by Celtic fans – one struck the referee, for the last major outbreaks of violence in Scottish Football.)

 

That said, we support the Government, the football authorities and the Police in their efforts to rid Scottish Football of the scourge of sectarianism and other forms of offensive behaviour as set out in the bill*; and have worked with the Joint Action Group and the Joint Review Group to that end.

 

However, we do have reservations about certain aspects of the Bill, not the least of which is that it doesn’t define sectarianism and therefore may present the police and prosecutors with some practical difficulties. We believe that the present law such as breach of the peace (where the test is placing a reasonable person in a state of fear and alarm) is more than adequate to deal with most situations that might arise under existing legislation.

 

*Expressing hatred of or stirring up hatred against a religious, social or cultural group or on the basis of colour, race, nationality, ethnic origin, sexual orientation, transgender identity or disability

 

OR other behaviour that a reasonable person would be likely to consider offensive

 

AND is likely to incite public disorder.

 

I think it is fair to say that the Minister made a reasonable point in that European legislation has made it more difficult to use Breach of the Peace in the context of a football match where singing an offensive song might not be regarded as placing a reasonable person in a state of fear or alarm. However I would question if it is going to be any easier to prove that the types of offensive behaviour caught by the Act (listed above) are likely to incite public disorder, which will be necessary to secure a conviction.

 

I hope this is helpful.

Edited by BrahimHemdani
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