Anti-sectarian bigotry is a malign force that must be curbed.
But a year on from the offensive behaviour at football legislation coming into force, the evidence suggests the law has resulted in the surveillance and harassment of football fans who have committed no offence.
We have consistently warned that the lack of clarity in the law risks criminalising fans for something closer to partisan enthusiasm than bigotry. But cases brought to The Herald's attention amount to a disturbing catalogue of draconian and unjust treatment of individuals. These include the detention in a young offenders' institution of a 17-year-old who was refused bail then released ahead of his hearing and a police objection to a fan seeking a taxi licence because he was the subject of an application for a Football Banning Order, although a year later no such application has been made.
Other instances of people being stopped by police while out with their families or being questioned at Glasgow Airport on their way home from holiday add to the growing belief that the legislation intended to outlaw bigotry has resulted in individuals falling under suspicion because they are football fans and not because they are guilty of inciting sectarian behaviour.
As is evident from last Saturday's game between Berwick and Rangers, when the television commentator was forced to apologise for the clearly heard sectarian chanting and the continuing display of questionable behaviour by Celtic's Green Brigade, the problem at football matches has not been eradicated. Recent court cases, however, have demonstrated the practical difficulties, even when the law has been breached, of identifying an offending individual within a group of singing fans.
These difficulties have led to a large number of cases being dropped or found not proven. This is highly unsatisfactory to all concerned. It leaves the accused feeling unjustly stigmatised and the police frustrated, while the cost in time and money should concern us all. Even successful prosecutions raise important questions about the working of this law. The three-month jail sentence imposed on a Rangers fan for sectarian abuse in Inverness was notably out of step with the general move against short jail sentences. That it was changed on appeal to 150 hours of community service suggests the tendency to over-zealousness in relation to offensive behaviour at football is not restricted to the police.
Football clubs themselves, not least the Old Firm, have been actively attempting to curb all forms of prejudice. Those efforts must continue and action must be taken against those who seek to fuel hatred. The offensive behaviour law brought in by an SNP Government has been controversial from the beginning because of the practical difficulties in applying it.
If Scottish Government ministers are serious about ending bigotry, it is essential their review of this law examines the wider question of why it appears to have given rise to unacceptable practices.
Unwarranted stopping, searching and questioning of law-abiding individuals comes uncomfortably close to a new form of institutional prejudice against all football supporters. Unless checked, it can only have a negative effect on our national sport and the relationship between the police and the public which depends on mutual respect.
Why are you making commenting on The Herald only available to subscribers?
It should have been a safe space for informed debate, somewhere for readers to discuss issues around the biggest stories of the day, but all too often the below the line comments on most websites have become bogged down by off-topic discussions and abuse.
heraldscotland.com is tackling this problem by allowing only subscribers to comment.
We are doing this to improve the experience for our loyal readers and we believe it will reduce the ability of trolls and troublemakers, who occasionally find their way onto our site, to abuse our journalists and readers. We also hope it will help the comments section fulfil its promise as a part of Scotland's conversation with itself.
We are lucky at The Herald. We are read by an informed, educated readership who can add their knowledge and insights to our stories.
That is invaluable.
We are making the subscriber-only change to support our valued readers, who tell us they don't want the site cluttered up with irrelevant comments, untruths and abuse.
In the past, the journalist’s job was to collect and distribute information to the audience. Technology means that readers can shape a discussion. We look forward to hearing from you on heraldscotland.com
Comments & Moderation
Readers’ comments: You are personally liable for the content of any comments you upload to this website, so please act responsibly. We do not pre-moderate or monitor readers’ comments appearing on our websites, but we do post-moderate in response to complaints we receive or otherwise when a potential problem comes to our attention. You can make a complaint by using the ‘report this post’ link . We may then apply our discretion under the user terms to amend or delete comments.
Post moderation is undertaken full-time 9am-6pm on weekdays, and on a part-time basis outwith those hours.
Read the rules hereComments are closed on this article