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Hate crime legislation in Scotland is being reviewed by the High Court judge, externalLord Bracadale who said he hoped to ensure legislation was fit for the 21st Century.

He has been asked to consider whether current laws are fit for purpose and if new categories of hate crime, such as age and gender, should be created.

The judge has published a consultation paper and requested responses by November.

He said: "Hate crime legislation is a key way in which our society recognises the impact that hate crime can have on victims and our communities.

"Since I was appointed by Scottish ministers to review hate crime legislation, I have deliberately spent time listening to victims and representatives of communities affected by hate crime, as well as those who work in the criminal justice system."

Stewart Regan from the Scottish Football Association says whether the Act should be repealed is not for the SFA to say.

Mr Regan says after the 2011 summit on football the SFA participated fully in tackling behaviour.

He says the direction of the Act was to be encouraged but says things have changed since then, with stronger guidelines and supporter liaison officer at SPL clubs to try and improve behavoiur

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Stewart Regan from the Scottish Football Association says the Act has served to damaged relations with football fans with a majority saying the Act has not been effective.

"There has to be questions about its effectiveness."

He says the review of hate crime has the potential to pick up on many issues and he says he met Lord Bracadale to discuss how to address hate crimes and not target football fans unfairly.

Mr Regan says: "Football has been targeted and singled out."

Professor Fiona Leverick says that: "Pretty much all the behaviour in the Act is covered by other legislation.

"There are advantages to keeping the Act. One, it is very specific when someone is convicted about what they are engaged in, as opposed to breach of the peace.

"The symbolic point that if you repeal the Act it might send a message all of a sudden this type of behaviour is acceptable.

"The argument for repeal is possibly the Act has lost the confidence of the people governed by it - football supporters.

"It is unusual for an act to be specifically targeted at football supporters."

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SNP MSP Rona Mackay asks if the Offensive Behaviour at Football and Threatening Communications Act should be repealed in its entirety.

Desmond Ziolo from the Glasgow Bar Association says the lack of use of Section Six is due to the narrow scope according to Police Scotland

Mr Ziolo says: "Surely it's time to revisit it."

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The Justice Committee, external will now begin the second evidence session on the Offensive Behaviour at Football and Threatening Communications (Repeal) (Scotland) Bill, external.

• Desmond Ziolo from the Glasgow Bar Association, external
• Alan McCreadie from the Law Society of Scotland, external
• Professor Fiona Leverick from the University of Glasgow, external

• Stewart Regan, chief executive officer, Scottish Football Association, external
• Neil Doncaster, chief executive, Scottish Professional Football League, external

Read their submissions here., external

Labour MSP Mary Fee ask if the Act has be helped tackle sectarianism and if a definition would be helpful.

Anthony Horan from the Catholic Bishops' Conference of Scotland says he does not think the Act has had any impact that he can see on tackling sectarianism.

Reverend Ian Galloway from the Church of Scotland says the Act has not been around for very long and sectarianism has been around for a long time.

Rev. Galloway says the hardest thing is to try to define sectarianism.

Reverend Ian Galloway, from the Church of Scotland Church and Society Council says: "We should always be looking at alternative to prosecution.

"Not to have a sanction on that behaviour would be very unfortunate.

"There has to come a point where people have to learn that that behaviour is unacceptable and won't be tolerated."

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Labour MSP James Kelly raises one point with the panel, saying in terms of charges brought under the Act 72% of the people who have been charged are under 30 years old and asks about alternatives to prosecution.

Chris Oswald from the Equality and Human Rights Commission says 50% of those convicted of racial crimes are under 20 and 50% of them are under 16.

Mr Oswald says it is the behaviour that is felt to be social damaging that has led to the charges not the Act.

Reverend Ian Galloway from the Church of Scotland says not to have a sanction would be unfortunate although he says he would like to see fewer prosecutions.

Anthony Horan from the Catholic Bishops' Conference of Scotland says that it is not just young people to blame for offensive behaviour online.

"It's a growing problem, it's a vile problem," he says of online abuse.

"Section Six is not used very often and that is something that needs to be looked at.

"We tend to look at young people, but baiting by celebrities and even civic leaders, it creates a culture that suggest to young people that social media is just a free for all where anything goes."

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Debbie Figures from the Scottish Women's Convention says Section Six in particular - the section dealing with threatening communications - is vitally important to be kept

Ms Figures says: "It is very important we criminalise any online abuse."

Tory MSP Liam Kerr says there is a suggestion Section Six is not being used and asks why not.

Chris Oswald from the Equality and Human Rights Commission says: "The frequency of its use does not undermine the importance of the prosecutions."

Ephraim Borowski from the Scottish Council of Jewish Communities says Section Six deals with so-called bedroom warriors who anonymously target people online.

SNP MSP Fulton Macgregor asks about Section Six of the Act on Threatening Communications.

Ephraim Borowski from the Scottish Council of Jewish Communities says it is very important.

He says: "We have to take account of the world we now live in, which doesn't recognise national boundaries.

"One thing lawyers tell us about Section Six, it catches conduct which otherwise would not be caught by Scots law."

Brian Taylor
BBC Scotland Political Editor

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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.

Read more here.

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Debbie Figures from the Scottish Women's Convention says education is vitally important and there needs to be more.

Ms Figures says some girls feel intimidated for going to certain schools.

She says young people should feel safe and if education has failed, there should be more.

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In June Mr Kelly, the MSP behind the Offensive Behaviour at Football and Threatening Behaviour Act, 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."

We can expect a few questions from Mr Kelly shortly.

Ephraim Borowski from the Scottish Council of Jewish Communities tells "an appalling example" of how trying to educate kids about offensive behaviour is difficult.

He says: "This government supports the programme of school visits to Auschwitz. The intention is to educate and show where hatred can lead.

"A young girl in the Jewish community who had recently visited with a youth group, received a text message from her supposed best friend of an anti-Semitic nature.

"What that shows is that education sometimes provides the ammunition that people can use to fuel their prejudice. So education alone won't work."

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."

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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."

Reverend Ian Galloway, from the Church of Scotland Church and Society Council says the Act has given an "additional focus" to tackling offensive behaviour.

"The policing was ineffective. It has given it an additional focus in that regard."

SNP MSP Ben Macpherson asks if there are concerns that if the Act is repealed that some supporters will feel certain behaviours are acceptable.

Reverend Ian Galloway from the Church of Scotland says there is a real danger in that regard unless societies way of dealing with these behaviours was strengthened, which he says he does not see happening at present.

SNP MSP George Adam refers to the so-called "shame game" between Celtic and Rangers in March 2011, where there were 34 arrests made.

He says: "Do you think the legislation was necessary to tackle sectarianism and offensive behaviour?"

Reverend Ian Galloway, from the Church of Scotland Church and Society Council answers "I don't think the issue is around around one incidence or a short period of time, but a culture of behaviour that has been around for a long time, and has not responded to pressure from society to change."