The Football Act - what happens now?

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.

Tory MSP Douglas Ross, himself a qualified referee, put forward the motion for debate

All the other Opposition parties joined the campaign against the Act. Tonight's motion indeed - which was carried by 64 votes to 63 - was proposed by Douglas Ross of the Conservatives, himself a football referee who ran the line at the Aberdeen-Celtic game at the weekend.

He called the Act "deeply flawed". Likewise the Lib Dems and Greens - who categorised the Act as ineffective and unhelpful.

For the Scottish government, Annabelle Ewing said there remained a "darker side to Scottish football". Repeal, she argued, would suggest that Scotland appeared to accept this phenomenon. Back to message sending.

The vote went against her and the Government. So what now? Do I think the Justice Secretary Michael Matheson will tear up the act tonight?

I do not. However, ministers have signalled that they will review the legislation.

In the initial stages of that review, I expect them to focus primarily on two aspects. I expect them, firstly, to argue strongly in favour of the section of the Bill covering Online communications, to stress its worth whatever the final verdict on the football section.

I expect them, secondly, to challenge their opponents to say what might reasonably replace the Act. As of tonight, the Opposition parties are demanding straightforward repeal, arguing that existing statute - for example, on breach of the peace - is sufficient without, they argue, provoking unrest among football fans and potentially provoking conflict with the police.