Summary

  • The Justice Committee takes evidence on the Offensive Behaviour at Football Repeal Bill

  • Energy Minister Paul Wheelhouse announces an "effective ban" on fracking

  • The government will seek Holyrood's endorsement for the ban in a vote following the October recess

  • Education Secretary John Swinney gives a statement on education reform

  • The Scottish government leads a debate on the roll-out of Universal Credit

  1. Repeal of the act would not pose police too much difficultypublished at 10:18 British Summer Time 3 October 2017

    ACC Higgins

    Tory MSP Maurice Corry asks the witnesses if they believe the Act should be repealed and how the police would cope with it.

    ACC Higgins says is would not pose the police too much difficulty because they would continue to carry out their duties.

  2. 'Outwith the old firm every club has had police free games'published at 10:16 British Summer Time 3 October 2017

    Assistant Chief Constable Bernard Higgins from Police Scotland says policing is an expensive asset.

    ACC Higgins says accredited stewards are cheaper and he has worked with the football authorities to try and reduce the number of police required.

    He says "outwith the old firm every club has had police free games."

  3. Scottish Cup Final riot raisedpublished at 10:16 British Summer Time 3 October 2017

    FootballImage source, bbc

    ACC Higgins says only 0.05% of people attending football matches have been arrested.

    He says people now recognise sectarian singing, homophobic abuse and racist abuse are not acceptable and he says the Act has put that at the forefront of peoples' minds.

    Labour MSP Mary Fee asks if there is little or no evidence of significant disorder.

    ACC Higgins points to the Hibs Rangers cup final last year and the large number of arrests that were made over time.

    The Scottish Football Association said it is "appalled" by scenes of disorder after Hibs' historic victory over Rangers .

    Fans spilled on to the pitch after the Edinburgh side beat the Ibrox club 3-2 with a late goal in injury time.

    Rangers said some of their players and staff were assaulted. The club has condemned what it described as the "disgraceful behaviour of Hibs fans".

  4. Fans relationship with policepublished at 10:11 British Summer Time 3 October 2017

    Assistant Chief Constable Bernard Higgins

    Labbour MSP Mary Fee says the committee has heard that the relationship between fans and police has deteriorated and asks for comments on this.

    Assistant Chief Constable Bernard Higgins from Police Scotland says he does not see that and that the police works hard to develop relationships with fan groups.

    ACC Higgins says if the perception is that relations with the police has deteriorated then "this is something we have to work on."

  5. Will repealing the Act send out the wrong message?published at 10:10 British Summer Time 3 October 2017

    CommitteeImage source, bbc

    SNP MSP Rona Mackay asks if repealing this Act would send out the wrong message.

    Assistant Chief Constable Bernard Higgins from Police Scotland says he thinks there is a potential for that, but then again it may not.

    ACC Higgins says generally football is very well attended and very well behaved.

    He says it is really important not to lose sight that the vast, vast majority of fans just want to enjoy the game.

    ACC Higgins says the fans behaviour has improved in recent years due to a number of factors.

  6. Background: Written Submission from Police Scotlandpublished at 10:08 British Summer Time 3 October 2017

    Police ScotlandImage source, Police Scotland
    Image caption,

    Police Scotland

    Police Scotland, external's submission to the committee can be found here, external.

    Since 2012, the number of charges reported to the Procurator Fiscal under the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012 is shown as follows:

    Scottish Parliament/Police ScotlandImage source, Scottish Parliament/Police Scotland
    Image caption,

    Scottish Parliament/Police Scotland

    In respect of convictions where the main charge was under Section 1 of the Act, COPFS have published the conviction rates as follows:

    Scottish Parliament/Police ScotlandImage source, Scottish Parliament/Police Scotland
    Image caption,

    Scottish Parliament/Police Scotland

  7. 'Fan behaviour has improved'published at 10:08 British Summer Time 3 October 2017

    Assistant Chief Constable Bernard Higgins

    SNP MSP Rona Mackay asks if behaviour at football has changed since the Act came into force.

    Assistant Chief Constable Bernard Higgins from Police Scotland says he has been on the force for 29 years and football has become unrecognisable in terms of fan behaviour.

    ACC Higgins says things have started to improve over the last five or six years.

    "Fan behaviour has improved," he says.

    He says the 2012 Act brought to the forefront what is unacceptable in terms of fan behaviour and fans have started reporting unacceptable behaviour.

    ACC Higgins says at a Hibs v Hearts match a couple of years ago fans reported a supporter for racial and homophobic behaviour and that fan was arrested.

  8. The Justice Committee begins shortly.....published at 09:58 British Summer Time 3 October 2017

    The Justice Committee will shortly take evidence on the Offensive Behaviour at Football and Threatening Communications (Repeal) (Scotland) Bill, external.

    MSPs will hear from

    Football supporters including the Fans Against Criminalisation group have staged rallies against the ActImage source, PA
    Image caption,

    Football supporters including the Fans Against Criminalisation group have staged rallies against the Act

    and then from:

    Read all the submissions here., external

  9. Background: Labour MSP James Kelly's viewpublished at 09:56 British Summer Time 3 October 2017

    Labour MSP James KellyImage source, bbc
    Image caption,

    Labour MSP James Kelly

    In June Mr Kelly said he was confident that next season would be the last one with the legislation in place.

    He added: "Every other party opposed it. Academics, lawyers, football clubs and football fans opposed it, yet the SNP wouldn't listen and used its majority in the Scottish Parliament to railroad the Football Act through."

    Parliament officials will next week agree a timetable for debating the Member's Bill next week, with the first vote likely to happen before the end of the year.

  10. Background: Government viewpublished at 09:53 British Summer Time 3 October 2017

    Community Safety Minister Annabelle Ewing said: "This government stands on the side of the many tens of thousands of football supporters who want to enjoy watching our national game with family and friends in an atmosphere that is not tainted by offensive, abusive and prejudicial behaviour.

    "Threatening and offensive behaviour associated with football continues to be a problem in Scotland and a key job of government is to provide police and prosecutors with the powers to tackle it."

    Community Safety Minister Annabelle EwingImage source, bbc
    Image caption,

    Community Safety Minister Annabelle Ewing

    Ms Ewing said the Act had been used 377 times in 2016/17 to "deal with actions that the vast majority of football fans, and the wider public, consider unacceptable".

    The minister said: "Repealing it in the absence of a viable alternative ‎demonstrates contempt for those targeted.

    "We have also commissioned an independent review of all hate crime legislation in Scotland, to report early next year. The review is intended to ensure Scotland's hate crime laws remain adequate, appropriate and fit for the 21st century."

  11. Here's Brian Taylor's take last November: The Football Act - what happens now?published at 09:46 British Summer Time 3 October 2017

    Brian Taylor
    BBC Scotland Political Editor

    The act criminalises sectarian and other offensive behaviourImage source, bbc
    Image caption,

    The act criminalises sectarian and other offensive behaviour

    And so parliament has voted against the Offensive Behaviour at Football and Threatening Communications Act.

    MSPs reached this conclusion after a heated and occasionally acrimonious debate which, nevertheless, contrived to stay short of offensive or threatening mode.

    Remember the Act? It criminalised sectarian and other offensive behaviour linked to football which is likely to cause public disorder.

    When enacted four years ago, it also outlawed threats of serious harm and communications intended to incite religious hatred, including such comments when posted online.

    There was much talk in the debate of "sending signals". Now, one might question whether the criminal law - as exercised in Scotland's judicial system - is a fitting vehicle for the despatch of signals.

    But it remains a salient point. Labour's James Kelly - who has pressed most vigorously for repeal - argues that you do not send messages against sectarianism by criminalising one section of society: football fans, generally young men under the age of 20.

    He argues that the signal against sectarianism is better delivered by education and social persuasion.

    Ministers say that such avenues undoubtedly play a key role - but that there remains the need for society to state its vigorous opposition, via statute.

    Read more here.

  12. Government defeated in Offensive Behaviour at Football Act votepublished at 09:42 British Summer Time 3 October 2017

    Football fansImage copyrightPA Image caption The law was intended to discourage overtly sectarian behaviour in and around Scottish football matchesImage source, bbc
    Image caption,

    The law was intended to discourage overtly sectarian behaviour in and around Scottish football matches

    MSPs have voted to urge the Scottish government to repeal its Offensive Behaviour at Football Act.

    Opposition parties all back scrapping the act, and united to hand the government a symbolic defeat.

    Labour's James Kelly has lodged a member's bill aiming to repeal the legislation, and the Tories put the matter forward for debate.

    SNP MSPs defended the legislation, saying opponents have not put forward any viable alternatives.

    The Offensive Behaviour at Football Act (OBFA) became law in 2012, carried by the votes of the SNP majority government of the time despite opposition from all other parties.

    With the SNP now a minority administration, it has come under pressure from opposition groups who maintain that the law is poorly written, unnecessary in light of existing offences and unfairly targets football fans.

  13. Good morning and welcome to Holyrood Livepublished at 11:24 British Summer Time 2 October 2017

    Good morning and welcome to Holyrood Live on Tuesday 3 October 2017.

    The Justice Committee will take evidence on the Offensive Behaviour at Football and Threatening Communications (Repeal) (Scotland) Bill.

    Old Firm Game and Universal Credit signImage source, PA/BBC
    Image caption,

    Repeal of the Offensive Behaviour at Football Act and the roll-out of Universal Credit dominate proceedings today.

    After topical questions, the Scottish government will lead a debate on the controversial roll-out of Universal Credits.

    SNP MSP Maree Todd will then lead a member's debate on the Garbh Allt Community Initiative.