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MSPs debate the repeal of Offensive Behaviour at Football Act
That's all from Holyrood Live on 25 January 2018.
MSPs backed the general princples of Labour MSP James Kelly'sOffensive Behaviour at Football and Threatening Communications (Repeal) (Scotland) Bill, external.
Image source, bbcLabour MSP James Kelly
65 MSPs backed the general principles of the Bill, with 61 voting against it.
Have a good weekend from all at Holyrood Live.
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Image source, PAMSPs back the general princples of the Offensive Behaviour at Football and Threatening Communications (Repeal) (Scotland) Bill, external.
65 MSPs backed the general principles of James Kelly's Member's Bill, with 61 voting against it.
The Offensive Behaviour at Football Act (OBFA) became law in 2012
Image source, bbcLabour MSP James Kelly says he had his first meeting on this legislation on the first week of June in 2016, "so it is not a case of just rushing through".
Mr Kelly says the the Act is "so discredited, so weak and needs to be taken of the statute book".
He says he is quite amused by the government offer of amendments "the minute they got into trouble".
The Labour MSP says nobody from the SNP was prepared to articulate the problems with the Act during this debate.
He concludes saying Mr Dornan described him as a compliant politician which he found deeply insulting.
Mr Kelly says it is the duty to call out an ineffective and unfair law.
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MSPs on Holyrood's Justice Committee recommended the repeal of the Offensive Behaviour at Football Act.
A majority of members on the committee backed Labour MSP James Kelly's members bill, while stressing that they strongly condemn sectarian behaviour.
SNP members do not want the legislation repealed, but are outnumbered by MSPs from opposition parties, all of whom are in favour of scrapping it.
Image source, Getty ImagesThe Scottish government said repeal would "send entirely the wrong message" and would "put Scotland behind the rest of the UK in terms of protection from incitement to religious hatred".
The Offensive Behaviour at Football and Threatening Communications Act came into force in 2012 after the SNPused its majority to push through the legislation.
Opponents ofthe law, externalsay it is poorly written, unnecessary in light of existing legislation and unfairly targets football fans - a position now endorsed by Holyrood's justice committee.
Labour MSP James Kelly says the issue of sectarianism and fan behaviour has improved over recent decades.
On the suggestion that repeal would leave a gap in the law, he argues existing law could be utilised.
SNP MSP Mairi Gougeon says MSPs who support repeal have failed to respond to the gap that will be left by the loss of Section 6.
Mr Kelly says Section 6 is not working given there has only be one prosecution under it.
Lib Dem MSP Liam McArthur says the minister is ignoring the evidence of ACC Higgins that existing laws are there if the Act is repealed.
Ms Ewing says there are concerns about constraints on prosecuting autorites repealing this Act would produce.
Image source, Getty ImagesThe Football Act has been in operation since 2012
Ms Ewing says if the will of parliament is to support the repeal Bill, then the government will have to continue protecting those protected by it and says to vote for repeal will be foolhardy.
The minister says her door is open to opposition MSPs who want to amend the act.
She warns of the negative message that repeal will send.
Legal Affairs Minister Annabelle Ewing says repealing the Act will lead to people no longer wanting to attend football matches if they fear being targeted.
No one should be left in any doubt that offensive sectarian behaviour will be tolerated, she says.
The influence of football cuts across all of society, which means actions in stadiums have wider impacts, she argues.
Ms Ewing reminds members about the parts of the Bill that protect disabled and LGBT individuals.
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Image source, bbcTory MSP says police officers have been placed in an unenviable position by all of this
Mr Lindhurst echoes Neil Findlay's comments saying this Act is socially divisive.
He says police officers have been placed in an unenviable position by all of this.
Mr Lindhurst says Section 1 of the Act is a "hideous construction".
Refusing to repeal it is an own goal for the SNP, he says.
Image source, bbcTory MSP Gordon Lindhurst
Deputy Presiding Officer Linda Fabiani says: "Can I remind members that this isn't a football match."
Tory MSP Gordon Lindhurst says the Football Act was an "ill thought out reactionary piece of legislation".
Mr Lindhurst says it is an "unnecessary law".
He says it unfairly targets a section of society.
We should seek to address sectarianism across society as a whole, says Neil Findlay.
He argues we are more likely to tackle it by investing in education, not by demonising young, working class men.
Mr Findlay says the police have been unable to implement the Act, courts are unclear about how to deal with offenders, and trust between police and fans has been undermined.
The Act was brought in too quickly, without due consideration for outcomes.
He urges backbench SNP members "not to vote by what your whips tell you but to vote with your conscience" and support the Bill.
Image source, bbcLabour MSP Neil Findlay says football can be ugly if an agressive crowd mentality takes home.
He says: "Detesting everything about sectarianism is one of the things his late father instilled in him."
Mr Findlay says repeal is about defending the rights of people who choose to go see a sport but have their rights removed in doing so.
SNP MSP James Dornan says the vast majority of the crowd should be able to enjoy the game without hearing sectarian songs.
"Absolutely", replies Mr Findlay.
SNP MSP James Dornan suggests some Labour members are acting in self-interest and are using this bill to "kick the government".
He warns tonight's vote will take Scotland back to the 1970s.
He urges members to back his own members' bill on strict liability, which would mean clubs would be held responsible for fans' behaviour.
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Image source, bbcTory MSP John Scott says the SNP majority government just "rammed" the Football Act through parliament.
Mr Scott says even the SNP Members accept this Act is not fit for purpose.
He says there is sufficient pre-existing law in place to tackle the behaviour targeted by the 2012 Act.