Justice Secretary calls on SFA to introduce ‘strict liability’ rules

[ian1964 10,409]

Michael Matheson warned that new legislation could be proposed if football doesn't change rules.

 

Scottish Government Justice Secretary Michael Matheson has called for the Scottish FA to introduce 'strict liability' rules on fan behaviour.

 

Matheson spoke at the governing body's AGM in Glasgow and pressed club representatives to tighten rules to deter fan misconduct. He told clubs that if strict liability or something close to it was not introduced then new government legislation could be introduced to tackle problems.

 

Following the meeting, the Justice Secretary said: "The scenes we saw at Hampden last week were appalling and the Scottish Government condemns in the strongest possible terms the disorder and violence which scarred the end of the game.

 

"But from those dreadful scenes there is an opportunity to address some of the negative long-standing issues in the game and I want football to be proactive and seize that opportunity.

 

"The Offensive Behaviour at Football Act was introduced in 2012 following ugly scenes at a different match and highlights that the Scottish Government - with a mandate to reflect the views of the people of Scotland, and concerns of wider civic society - will act if we don't think football is doing enough.

 

"We need a transparent and robust scheme to prevent unacceptable conduct and deal with it effectively if it does occur, and encourage clubs to take all action possible to address unacceptable conduct.

 

"That may be strict liability or a form of strict liability or it may be something else, but the bottom line is we want to see football taking the opportunity to finally address this long-standing issue. All Scottish clubs competing in European competitions are already subject to strict liability, so it can and does work in Scotland and a form of it could be used in domestic football.

 

"I hope football can rise to this challenge and finally address this issue, and the Scottish Government is ready to work together constructively on this. I am encouraged by the initial response, but let me be absolutely clear: the Scottish Government is prepared to act if Scottish football isn't. On that basis we will explore alternative options if no solution can be delivered by football.

 

"However, I genuinely hope that this is not needed and Scottish football takes control of its own destiny."

 

The Justice Secretary's call followed violent scenes after the final whistle of the Scottish Cup final between Hibernian and Rangers at Hampden in May.

 

The Scottish FA has said that it will commission an independent inquiry into the pitch invasion, battles between rival fans and attack on Rangers players and staff but the incidents have provoked fresh debate over rules regarding supporter misconduct.

 

"I think we should always welcome government ministers coming and giving their opinion on how things could be improved," SPFL board member Mike Mulraney said following the meeting.

 

" I think that's always valid and it's good for organisations like the SFA and the football world to hear what they've got to say."

 

Describing Matheson's tone as "robust", Mulraney said: "We were left in no doubt as to what his opinion is and that's fine. It's always good to listen to what people have got to say.

 

"[His opinion] was the same as what everyone in Scotland shares, that we've got to always look to what we can improve Scottish football and how we can improve the environment in which we watch our games."

 

Groups including Nil by Mouth have previously called on the nation's 42 senior sides to adopt stricter rules, meaning clubs would be subject to sanctions such as fines, point deductions or stadium closures as a result of unacceptable conduct by fans.

 

At present, the rules of the Scottish Professional Football League only require clubs to prove they have taken sufficient preventative measures to discourage sectarian, racist or other offensive behaviour by supporters.

 

Scottish football teams voted against adopting strict liability in 2013, but Scottish FA chief executive Stewart Regan said in January that the subject could be revisited this year.

 

"A few years ago we tried to introduce the concept of strict liability to our rules, that was defeated by our members and we are just about to start our rules revision process for 2016," he said.

 

"I am sure it will be back on the agenda and if there is a willingness or appetite for change then I would like to think we can move that agenda forward.

 

"There is more of an appetite for more stringent rules because I think there is recognition that we just can't allow such behaviour to continue.

 

"Quite what that looks like and how the rules can be amended will be up to our lawyers to assist us with and our members' willingness to change but we will be working on it in the coming weeks."

 

http://stv.tv/sport/football/1356032-justice-secretary-calls-on-sfa-to-introduce-strict-liability-rules/

[Frankie 8,145]

Not sure what the government can do to intervene in sporting matters but it's an interesting threat in the wake of efforts to repeal the OBAF Act...

[boabie 230]

Maybe some action will happen on the disgusting behaviour of the gangrene brigade which has been going on for years.

[stewarty 1,876]

I presume strict liability will work both ways and that the top brass at Police Scotland will fall on their sword for their incompetence at Hampden?

Edited June 1, 2016 by stewarty

[calscot 0]

I can't see how we can allow away fans if there is strict liability, especially the OF. With sport it just doesn't work. It might work partially with UEFA due to the very small numbers of away fans who are travelling due a different country tightly controlled and more easily monitored.

 

I do wish our fans would stop singing and chanting a few stupid words and songs - we have very little to be afraid of otherwise as I think our fans seem generally well enough behaved when compared to the number of them.

 

I don't think they get how much a giruy it would be to the rest of Scottish football, to be loud, boisterous and unPC in other ways but squeaky clean when it comes to any form of bigotry, dangerousness (ie flares etc) or violence.

 

It should be easy, they are mostly grown men after all.

[Frankie 8,145]

I think most would welcome further behavioural improvement but not convinced SL is the answer.

 

Who decides when club's are to be punished? Chris McLaughlin, BBC Scotland, Tony McGlennan, Jane Hamilton, The Police Fed rep, a combination of the afore-mentioned?

 

What songs will be punished? TBB? Super Rangers? Anything else? Who decides what's unacceptable and in what context? There's no list currently.

[stewarty 1,876]

I think most would welcome further behavioural improvement but not convinced SL is the answer.

 

Who decides when club's are to be punished? Chris McLaughlin, BBC Scotland, Tony McGlennan, Jane Hamilton, The Police Fed rep, a combination of the afore-mentioned?

 

What songs will be punished? TBB? Super Rangers? Anything else? Who decides what's unacceptable and in what context? There's no list currently.

 

Agreed. With so much that is deemed on one hand to be pejorative depending on your persuasion, its just a minefield. This was the problem with the OBFA then just as much with strict liability now.

[craig 5,195]

I can't see how we can allow away fans if there is strict liability, especially the OF. With sport it just doesn't work. It might work partially with UEFA due to the very small numbers of away fans who are travelling due a different country tightly controlled and more easily monitored.

 

I do wish our fans would stop singing and chanting a few stupid words and songs - we have very little to be afraid of otherwise as I think our fans seem generally well enough behaved when compared to the number of them.

 

I don't think they get how much a giruy it would be to the rest of Scottish football, to be loud, boisterous and unPC in other ways but squeaky clean when it comes to any form of bigotry, dangerousness (ie flares etc) or violence.

 

It should be easy, they are mostly grown men after all.

 

They have strict liability here in Bermuda and, you are right, the home club takes responsibility for away fans actions - the Club I was Treasurer of until recently got landed in some trouble because the fan of another club visiting our ground, upon his team scoring a goal, launched a flag onto the pitch and the flagstick could easily have impaled someone.

 

The home club are responsible for away fans actions. It is absurd.

 

Strict liability will cause even more angst and ill-will in Scottish football.

 

You can always trust the authorities to screw things up !

[govan_derriere 3]

I suspect Police Scotland is pushing this agenda.

 

I have been in contact (several times) with a senior member of Strathclyde's finest in relation to my complaint about the Banner displayed at the semi-final. I have submitted a series of questions that have been referred to their legal dept re use of the term 'Hun'. I wanted to know what progress had been made. He is awaiting a response to my questions.

 

I spoke to this officer on the Monday after the final. He explained that he was very busy in relation to events connected to the final. Two days after the event, he offered the view that 'strict liability' needed to be introduced. I mentioned that clubs had visited this before but decided against it.

 

I did not pursue this line of conversation any further.

[craig 5,195]

I think most would welcome further behavioural improvement but not convinced SL is the answer.

 

Who decides when club's are to be punished? Chris McLaughlin, BBC Scotland, Tony McGlennan, Jane Hamilton, The Police Fed rep, a combination of the afore-mentioned?

 

What songs will be punished? TBB? Super Rangers? Anything else? Who decides what's unacceptable and in what context? There's no list currently.

 

I wouldn't even have issue in the "Who" decides when clubs are to be punished.

 

Where my issue would reside is in the completely unbalanced treatment of Rangers fans from fans of all other clubs.

 

I mean, we have the ramrod on Twitter right now trying to suggest he isn't bigoted because he uses the term hun for anyone flying a Union Jack. It is completely bizarre how they fully believe the nonsense they spout. And, worse, we have a media that have not only allowed it to fester but have actually bought into the belief.

 

SL is an accident waiting to happen.