Offensive Behaviour at Football Act repeal confirmed at stage 3

MSPs have finally voted through the repeal of the SNP Government's Offensive Behaviour at Football and Threatening Communications Act.

Holyrood backed by 62 votes to 60 at stage 3 the member's bill introduced by Labour MSP James Kelly to repeal in its entirety the Act pushed through by the then majority Government in 2011, as it attempted to crack down on sectarianism.

All the opposition parties combined to defeat the Government, arguing that the Act was an illiberal measure that had caused ill feeling among football supporters, proved difficult to use in practice and targeted behaviour that was adequately covered by other offences.

For the Government, Annabelle Ewing, Minister for Community Safety and Legal Affairs, challenged the view that no gaps would be left in the law and argued that repeal would send out the wrong message regarding the behaviour it was aimed at.

However the Parliament rejected amendments that would have delayed the repeal coming into force, before finally approving the bill. It will come into effect the day after it receives Royal assent, expected to be some time in April.

After the debate Ms Ewing commented: "This move sends out an appalling signal, suggests that the law is going to be soft on antisocial conduct by bigots and bullies and will compromise the ability of police and prosecutors to charge people for unacceptable behaviour. The removal of the s 6 offence [threatening communications] also puts Scotland behind the rest of the UK in terms of protection against religious hatred.

"The Scottish Government will, of course, respect the will of parliament but will also continue to work towards ridding Scottish society of the scourge of religious bigotry and prejudice and I look forward to Lord Bracadale’s review of hate crime, due in the coming months. However, it’s a great pity that we must proceed without this additional tool to hold perpetrators of sectarian hatred to account."

However Mr Kelly described the 2012 Act as "the worst piece of legislation in Scottish parliament history". It was poorly drafted and had completely failed to make a difference, while treating football fans as "second class citizens".

He said that "a much wider and more serious conversation" was needed to make a difference in tackling sectarianism, and he would be happy to work alongside the Government on that.