MINISTERS are to spend £155,000 evaluating laws to crack down on sectarianism among football fans after claims the legislation has done more harm than good.
Scottish Conservative chief whip John Lamont warned the test of the Offensive Behaviour At Football Act, which was introduced a year ago, will be the number of prosecutions of people who would have previously avoided the law.
The Herald reported yesterday that leading lawyers have raised concerns that supporters' human rights are being undermined by the police powers, with cases of fans being put under surveillance orders and questioned by detectives at airports when returning from holidays.
Mr Lamont said: "The SNP made it out that anyone who opposed its legislation was somehow approving of bigotry. That was an obnoxious distortion of our position, and the many who agreed with us.
"The true test of this act is not how many are prosecuted under it, but how many are prosecuted under it who could not previously have been touched by any law. The fact is, this bill has done more harm than good, and is yet another example of the SNP legislating for legislating's sake."
Anti-sectarianism charity Nil By Mouth said the act was confusing. Campaign director Dave Scott said: "It's important we also remember that not every arrest under this act is related to sectarianism.
"It is clear from our discussions with both supporters and police that this law hasn't bedded down yet and there remains confusion on all sides.
"That is why we'd welcome a review of this legislation by an independent outsider."
Scottish Labour said it had the same concerns about the legislation it did when opposing it in 2011.
The Scottish Government has invited applications to bid for an evaluation of the legislation this week. It has given assurances it would look again at how the law was working following criticisms in 2011 as the bill was hurriedly put through Parliament. The Government passed the legislation using the SNP's majority at Holyrood, despite failing to win support from any opposition parties and attracting widespread criticism from fans, clubs and the Church of Scotland. The bill was supported by the police and prosecution authorities.
But First Minister Alex Salmond delayed it amid pressure and a review was promised.
A Scottish Government spokesman said: "We are analysing the legislation to look at the impact it is having on the attitude and behaviour of football fans and whether there are any barriers. The research helps us meet the statutory requirement to report to Parliament on the operation of the act."
Instances of heavy-handed enforcement include plain clothes officers who spoke to one fan outside a Dundee pub. The conversation was later used in evidence to identify him for carrying an "offensive" banner, only for the fan to be acquitted.
Another supporter has been cleared in court on two separate occasions, once with lip-reading evidence.
A Scottish Labour source said it would seek to reverse the legislation if it won the next election, adding: "It was our view and that of Labour in 2011 that this legislation was unnecessary and risked criminalising people."
The party's justice spokesman Lewis Macdonald added: "Our concerns remain. The review will be judged on whether it looks honestly at what the new law actually does and doesn't do, in particular whether it tackles sectarianism."
A Government spokesman added that 91% of the Scottish public agreed that stronger action needed to be taken on sectarianism.
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