Image source, Supporters Direct Scotland

The written submission from Supporters Direct Scotland, external says: "We agree with the proposal in the Bill to repeal the 2012 Act.

"We as an organisation have arrived at this view for several reasons from our research:

• 74% of supporters feel that the Bill should be repealed (SDS Survey 2017b)
• 71% of supporters felt that the introduction of the Act has not been effective in preventing unacceptable conduct from supporters
• 46% of supporters feel that supporters’ behaviours had not improved from the last two seasons whereas only 38% felt there had been an improvement (SDS Survey, 2017a)

"Additionally, as an overarching policy, SD Scotland do not believe in any legislation that targets or singles out football supporters which we feel the Act does."

Read more here. , external

Image source, bbc

Supporters Direct Scotland head Andrew Jenkin says, according to the SDS survey, 71% of people said the Offensive Behaviour in Football and Threatening Communications Act 2012 prevented unacceptable conduct.

Tory MSP Liam Kerr says ACC Higgins was very clear beahviour had changed and asks if there is any evidence that this is in response to the legislation.

He asks if there is any evidence of how many of the fans actually knew about the Act in order to change their behaviour.

Scottish Football Supporters Association chief executive Paul Goodwin says "we are just football fans, not lawyers."

Mr Goodwin says there are always going to be issues surrounding football and what is acceptable and what isn't changes as society changes.

Image source, bbc

Jeanette Findlay from Fans Against Criminalisation says there have been only two charges under the Act relating to homophobia and none used for sexist abuse.

Ms Findlay says: "If there is a problem then this Act is not dealing with it."

SNP MSP Rona Mackay says there are organisations that fear if the Act is repealed women would be afraid to attend football games.

Ms Findlay says she has not seen the evidence of this.

Ms Mackay says some women's organisations fear the repeal of the Act and asks for the panel's view.

Scottish Football Supporters Association chair Simon Barrow says he recognises some organisations are concerned.

Mr Barrow says his organisation would look to remove this type of behaviour from the game and those within the sport and supporters groups should take more responsibility for that.

Ms Mackay asks if behaviour at football has changed since the 2012 Act.

Paul Quigley from Fans Against Criminalisation says ACC Higgins has made the point that it has improved but he understands that he has done so without any substantial evidence base.

Mr Quigley says what we have seen is a breakdown in a relationship between fans and police caused by this legislation.

Image source, SFSA

The Scottish Football Supporters Association submission says:

"We do not approve of any legislation that specifically targets one group of individuals, in this case football fans.

"It is our view that looking at this legislation in isolation would be an opportunity missed and potentially be counter-productive.

"It is our view that an alternative solution is sought to address the problem. We believe that fans deserve a bigger say in what happens to the sport they love and that now is the time for serious issues such as this to be addressed through far more ambitious interaction with fans."

Read more here., external

Image source, bbc

Scottish Football Supporters Association chair Simon Barrow it is important to look at this issue in the context of Lord Brackadale's hate crime review.

Mr Barrow says the feedback the SFSA has got has been concerns about the criminalisation of football fans.

The controversial Offensive Behaviour at Football Act is being examined by a senior judge as part of a review of Scotland's hate crime laws.

All four opposition parties at Holyrood want to repeal the football act.

But the Scottish government says it will not do so without a "viable alternative" being put in place

Image source, Getty Images

Lord Bracadale has now been asked by the government to ensure all of the country's hate crime legislation is fit for the 21st century.

His independent review will start on 30 January, and is expected to last up to 12 months - after which the judge will present his recommendations to the Scottish government.

Read more here.

Image source, Fans Against Criminalisation

The written submission from Fans Against Criminalisation, external says:

"We are fully supportive of the proposal to repeal Sections 1-5 of the Act.

"Our reasons are set out below.

"We have provided sub-headings to aid clarity.

"The OBA is and was unnecessary.

"When the 2012 Act was being introduced the only argument made in support of it was that the existing legislation did not give the police sufficient powers to deal with genuine problems within stadia."

Read more here., external

SNP MSP Rona Mackay asks if the panel are concerned that a gap would be left if the Act was repealed.

Jeanette Findlay from Fans Against Criminalisation says that conflicts with Law Society Scotland's submission.

Ms Findlay says section 6 is rarely used.

She says if legislation was required to fill the gaps then it should not have just applied to football fans.

"It seems to be that there was a problem with the original drafting," she says.

Image source, Getty Images

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

MSPs will quiz:

• Jeanette Findlay and Paul Quigley from Fans Against Criminalisation, external
• Scottish Football Supporters Association, external chair Simon Barrow
• Scottish Football Supporters Association, external chief executive Paul Goodwin
• Supporters Direct Scotland, external head Andrew Jenkin

Read all the submissions here., external

Image source, bbc

Committee convener Margaret Mitchell says the committee has heard from numerous sheriffs that the legislation is confused and flawed.

Anthony McGeehan from the Crown Office and Procurator Fiscal Service says there is a more diverse range of opinion from sheriffs in the research he has seen.

Mr McGeehan says the diverse range of opinions in the judiciary is healthy.

Tory MSP Margaret Mitchell says a polarisation of views is not healthy.

Mr McGeehan says he cannot speak for the judiciary.

That concludes the first evidence session.

Mr Kelly says statistics show 31% of convictions relate to under 20s and asks if that is a desirable outcome.

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

Committee convener Margaret Mitchell says that is a question for the minister.

Mr McGeehan says previously the focus was very much on sectarian behaviour and did not look at other behaviour covered by the Act.

What does the Offensive Behaviour at Football and Threatening Communications Act 2012 do?

It created two new offences - one dealing with offensive behaviour relating to football games, and a second on threatening communications.

Penalties range from a £40 fixed fine to a maximum of five years in prison and an unlimited fine.

The first offence deals with sectarian and other offensive chanting and behaviour likely to cause public disorder.

It covers conduct around football matches, inside grounds, and those travelling to and from stadiums - as well as fans watching games elsewhere, for example in pubs or on big screens outdoors.

In law, the legislation aims to take into account "expressing or inciting religious, racial or other forms of hatred" and "threatening behaviour or behaviour which would be offensive to any reasonable person".

It also creates potential for the imposition of football banning orders in every case.

Image source, Get

The second offence deals with serious threats - including murder - made on the internet and elsewhere, and threats intended to incite religious hatred.

That would take in posts on sites such as Facebook and Twitter, as well as specific websites, and actions such as sending bullets or images depicting serious harm in the post.

Scottish ministers say the legislation will not stop peaceful preaching or artistic performance, nor will it criminalise satirical jokes about religion or non-religious belief.

They also insist it will not stop peoples' right to criticise religion or non-religious beliefs, "even in harsh terms".

Decisions on sentencing in each case are a matter for the courts.

Source: Scottish government

Image source, bbc

Labour MSP James Kelly says only 17 cases have been raised under section six.

Mr Kelly says the threshold is too high for gaining convictions for threatening communications.

Anthony McGeehan from the Crown Office and Procurator Fiscal Service does not agree saying it provides an extra tool.

Mr Kelly says the Law Society outlines the existing provisions that can be used instead of the Act and said the 2012 Act leads to confusion resulting in appeals.

He asks what Mr McGeehan's response is to that.

Anthony McGeehan from the Crown Office and Procurator Fiscal Service says there are measures that can be used other than this Act but that the Act covers offending behaviour more widely than breach of the peace.

Mr McGeehan says there will continue to be appeals under any legislation and that this is part of a fair justice system.

Image source, bbc

Labour MSP James Kelly, who is behind the Offensive Behaviour at Football and Threatening Communications (Repeal) (Scotland) Bill, external gets his chance to ask questions.

Mr Kelly says one of his concerns is people who are prosecuted under the Act are pursued, putting it charitably, over zealously.

He raises the issue of a Hibs fan who gave himself up after the Scottish Cup Final who was then kept overnight and he asks why.

ACC Higgins says that Cup Final saw violence the like of which had not been seen for over 30 years.

He says people are kept in custody overnight as they are charged with a hate crime.

ACC Higgins says that will change as more people will be released after forthcoming justice legislation is enacted.