SNP MSP George Adam asks if this Act gives power that was not previously there before and if it has helped.

ACC Higgins says police make judgement calls all the time whether it be at a football match or on the street.

He says when incidents get to the tipping point of being offensive then action must be taken.

ACC Higgins says there is a difference between banter and offensive songs and chants.

Mr McGeehan says the norm would be for live cases not to be affected by any repeal but that future cases would be affected by it.

Anthony McGeehan from the Crown Office and Procurator Fiscal Service says legislation can be used to send a message.

Mr McGeehan says the Act itself sent a message.

Ms Gougeon asks if there is a link between the behaviour seen on match days and violence against women.

ACC Higgins says he has not looked specifically at that but domestic abuse does increase after an old firm match.

Image source, bbc

SNP MSP Mairi Gougeon highlights limitations in the breach of the peace legislation in addressing gender based abuse.

Ms Gougeon says Scottish Women's Convention stated in evidence that arguments in breach of the peace doe not address gendered abuse.

ACC Higgins says certainly the 2012 Act allows that behaviour to be targeted and breach of the peace was like a scatter gun.

Lib Dem MSP Liam McArthur asks if it was a mistake combining offensive behaviour at football and threatening communications instead of having two seperate pieces of legislation.

Anthony McGeehan from the Crown Office and Procurator Fiscal Service says he cannot comment on that.

Mr McGeehan says both section 1 and section 6 have had value and both sections have extra territorial powers which are not available in other legislation.

Image source, Getty Images

In August we reported hundreds of views on whether Scotland's Offensive Behaviour at Football Act should be repealed were to be considered by MSPs.

The legislation came into force in 2012 after the SNP used its then-majority to pass it, but a majority of MSPs now back a repeal of the law.

Labour MSP James Kelly has tabled a member's bill, external aimed at repeal, which is being studied by the Justice Committee.

More than 200 submissions from people and organisations were sent in.

Football fans' organisations and legal groups including the Law Society of Scotland raised concerns about the legislation in the consultation, while others spoke out against repeal.

The Offensive Behaviour at Football and Threatening Communications (Scotland) Act was voted through in 2011, without any support from opposition parties. It aims to tackle sectarian behaviour around football matches and online, but opponents argue it is unnecessary in light of existing laws and unfairly targets football fans.

In November 2016, the Conservatives, Labour, the Greens and the Lib Dems - who all campaigned that year on Holyrood manifestos pledging opposition to the Act - united to urge the government to repeal.

Read all the submissions to the committee here., external

Image source, bbc

SNP MSP Ben Macpherson says if the Offensive Behaviour at Football and Threatening Communications Act is repealed that will include section six and its focus on threatening communications.

Mr Macpherson says the Act has been used to prosecute people using threatening communications on social media.

Anthony McGeehan from the Crown Office and Procurator Fiscal Service says the Act gives advantages.

He says it relates to the sending of communications and addresses internet content and blogs

It allows prosecution of offences aimed at Scotland but created outwith Scotland Mr McGeehan says.

Labour MSP Mary Fee asks if the increased police focus on this issue has had any impact in reducing bigotry.

ACC Higgins says he would hope so and the police are just one organisation trying to stop sectarianism.

He says in relation to songs and chants people would have been arrested for breach of the peace in absence of the Act.

ACC Higgins says this is why he refutes that this Act targets young men.

Image source, bbc

SNP MSP Fulton MacGregor asks about young men with no criminal record being criminalised under the Act.

Anthony McGeehan from the Crown Office and Procurator Fiscal Service says he has read the critique that the Act focuses on young men.

Mr McGeehan says tin relation to the criminalisation of football fans he says it is irrelevant whether the person is a football fan.

He refutes the suggestion that the Act is used to target young males.

Anthony McGeehan from the Crown Office and Procurator Fiscal Service says he is not convinced that data on the number of appeals would be particularly helpful.

Mr McGeehan says an appeal can be against a conviction and sentence or just a conviction or sentence.

Committee convener Margaret Mitchell says surely adding this data to other analytics would be helpful.

ACC Higgins says he does agree that, in isolation, the figure would not mean much but it may be useful along with other data.

Image source, SNS

Tory MSP Liam Kerr asks what the police would do if the entire stand breaks into song committing offensive behaviour.

ACC Higgins says this frequently happens and the police use stadium CCTV and deploy officers with cameras to try and identify the main protagonists and arrest them.

Mr Kerr asks what the practical impact would be if the Act is repealed

ACC Higgins says that is a subjective question, nothing might happen or people could revert to behaviour seen in the 80's.

He says the problem does not necessarily lie within football but lies with society.

Tory MSP Liam Kerr says some supporters feel they are victimised because songs can be sung at a concert that cannot be sung at a football match.

ACC Higgins says he is not aware of any songs that would fall under the Act being sung at a concert and the police would investigate that if reported.

Mr Kerr asks what charges would be brought if songs in support of terrorist organisations were sung at parades or other events.

ACC Higgins says policing parades is "very challenging" whether it is a loyalist parade or a republican parade.

He says the police will arrest people for breach of the peace if they are guilty of that.

Assistant Chief Constable Bernard Higgins from Police Scotland says there are 42 professional clubs in Scotland and 24 have been charged under the Act.

Anthony McGeehan from the Crown Office and Procurator Fiscal Service outlines some statistics relating to charges reported and action taken:

• 2012-13 267 charges reported and no action taken in three
• 2013-14 206 charges reported and no action taken in 16
• 2014-15 193 charges reported and no action taken in four
• 2015-16 286 charges reported and no action taken in 14
• 2016-17 377 charges reported and no action taken in seven

Anthony McGeehan from the Crown Office and Procurator Fiscal Service says if a banner or song is likely to be offensive to a reasonable person then it would fall under the Act.

Mr McGeehan says this would include support for terrorist groups or songs about events which resulted in the loss of life.

ACC Higgins says the act has been applied to songs about the IRA. He says it has also been applied to the 'Billy Boys' if offensive language is used.

He says other legislation would largely cover matters if the Act was repealed other than very particular examples Mr McGeehan provided.

Assistant Chief Constable Bernard Higgins from Police Scotland says the question over whether football would be less safe with repeal of the Act is very subjective.

ACC Higgins says: "The reality is we just don't know, we would need to wait and see how the fan groups reacted to it".

SNP MSP Fulton MacGregor asks if police would know what constitutes an offence under the Act.

"Yes," says ACC Higgins.

Image source, Crown Office and Procurator Fiscal

The Crown Office and Procurator Fiscal, external submission is here, external.

"The question of whether or not the Act should be repealed is a matter for the Scottish Parliament, and it would not be appropriate for COPFS to engage with all of the policy issues which arise."

Read more here. , external

Image source, bbc

Anthony McGeehan from the Crown Office and Procurator Fiscal Service says there are alternative charges to those in the Act, however the alternative options have limitations.

Mr McGeehan says offending committed outwith Scotland can be addressed thanks to the Act.

Margaret Mitchell asks whether on repeal of the Act there would be a gap in the laws

Mr McGeehan says: "There would be a gap in the law."