IT was, regardless of your political leanings, easy to share the Scottish government’s frustration when the disciplinary cases brought against Hibs and Rangers after the Scottish Cup final unrest were dismissed last week.
The charges against the Easter Road and Ibrox clubs – that their fans had damaged the pitch, goalposts and advertising hoardings at Hampden – had been trifling enough given the appalling violence which took place.
But what sort of message did it send out when both of them escaped any sort of censure? It appeared to give the all clear to potential troublemakers to do whatever they so please.
Read more: Celtic show a different side as subtlety rather than strength sees off Dundee
Rangers, whose players and staff were attacked by Hibs fans, were certainly unimpressed that their opponents had gone unpunished. “Adopting this approach will not dissuade supporters from coming onto the field of play and assaulting players and officials,” a statement read.
The government soon pitched in by warning, and not for the first time, that they would take action themselves. “We have been clear that we will take steps if the progress we need to see isn't being made,” a spokesman said.
Read more: Celtic show a different side as subtlety rather than strength sees off Dundee
This was a clear reference to the strict liability legislation which James Dornan, the SNP MSP for Glasgow Cathcart who The Herald has revealed is preparing to launch a parliamentary private members bill, is currently looking at.
The threat of £4 million of funding being withdrawn is unlikely to amount to anything. How bad would it look for the government if the cash that is invested in grassroots football was taken away? The amount of public money which goes into developing our stars of tomorrow is a sore point with many as it is.
There is no prospect of the SFA following the FA and adopting strict liability any time soon. Their member clubs voted overwhelmingly against it three years ago. The government compelling them to do so is inadvisable because UEFA and FIFA take an extremely dim view of political interference.
Yet, Dornan, along with many others, believe clubs should face sanctions for the misconduct of their fans and is examining how it can be implemented. This, though, is where things will get complicated. The Offensive Behaviour and Threatening Communications (Scotland) Act 2012 hasn’t exactly been a rip-roaring success has it?
Critics and opponents of strict liability point to the conduct of Celtic supporters in Europe as evidence of its failure. The Parkhead club was punished by UEFA for the ninth time in just five seasons last week.
The leniency of the penalties incurred may well have had something to do with that. An £8,615 fine for holding up Palestinian flags in the Champions League qualifier against Hapoel Be’er Sheva is insignificant for a public limited company with a turnover of tens of millions of pounds.
But is the Scottish government really going to take more severe action, like shutting a stand, against a club for singing a sectarian song. It won’t be a huge vote winner with the electorate if they do.
There is another issue. How do you stop a Rangers fan going to a Celtic game, or vice versa, and, say, setting off a flare? He or she will know that doing so will land the club they hate in trouble under strict liability. There are, alas, enough nutters out there in Scottish football who would seriously consider such duplicity.
Will the new legislation, too, only apply to football clubs? A performer at the Scottish Independence Convention in Glasgow last month referred to Conservative leader Ruth Davidson as “Ruth Dykey-D” in an irreverent rap. Now, that was satirical comedy, or at least an attempt at it, but the use of the word “dyke” was still condemned as homophobic by gay rights campaigners afterwards.
Read more: Celtic show a different side as subtlety rather than strength sees off Dundee
Would the organisers of the event be punished in future if this proposed legislation is passed? Or would it only be an offence to make derogatory comments about an individual’s religion, sexuality or race at a football match. Clubs and supporters already feel persecuted.
Both the SFA and SPFL toughened up their policies on supporters’ conduct last summer. Clubs must now show they took measures both after as well as before any acts of delinquency at their games. Rangers, for example, escaped punishment following the cup final by banning those fans who were arrested.
There have, it is worth remembering, been over 70 arrests since the cup final. Prison sentences have been handed out. Those responsible, then, have certainly been punished. Is it fair to also hammer the clubs these imbeciles associate themselves with? And would that stop similar offences occurring?
With sectarianism still rife in Scottish football far more certainly needs to be done. Strict liability may well be the answer. Dornan should be applauded for attempting to tackle such an important issue. But it will be highly complex and hugely contentious and risks angering many voters.
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