Chamber
Meeting of the Parliament 02 November 2016
02 Nov 2016 · S5 · Meeting of the Parliament
Item of business
Sectarian Behaviour and Hate Crime
I wish to make progress.
It has also been claimed that the legislation breaches human rights legislation, but Lord Carloway, then Lord Justice Clerk and now Lord President, rejected an appeal in February 2015 that the 2012 act was not sufficiently clear—the appeal court took the opposite view. The appeal court also took the view that the act did not infringe rights under article 7 of the European convention of human rights. That is the view of the appeal court in Scotland.
The principles and reasons behind the legislation are robust and it is important to point out that it is part of a broader approach to tackling issues such as sectarianism. As a Government, we have invested—and been proud to invest—some £12.5 million over the past four years, taking us to March next year, in many important community-based education projects. This morning, I had the pleasure of visiting one of those projects—the I see Scotland project—at Polmont prison.
We have worked to ensure that the recommendations—
James Kelly (Glasgow) (Lab) rose—
In the same item of business
The Deputy Presiding Officer (Linda Fabiani)
SNP
The next item of business is a debate on motion S4M-02231, in the name of Douglas Ross, on justice. I will give people time to get quickly into position. We ...
Douglas Ross (Highlands and Islands) (Con)
Con
I refer members to my entry in the register of members’ interests as a football referee officiating at matches for the Scottish Football Association, the Uni...
John Mason (Glasgow Shettleston) (SNP)
SNP
I appreciate the member’s sentiment. Does he feel that legislation has no part to play in the issue, or does he just want better legislation?
Douglas Ross
Con
I absolutely feel that legislation has a point—we will go on to talk about breach of the peace. As others—not just politicians—said at the time of the passin...
James Dornan (Glasgow Cathcart) (SNP)
SNP
Yes.
Douglas Ross
Con
To use a footballing analogy to answer Mr Dornan, the 2012 act does not need a substitution—it needs a full-time whistle blown on it, and that is exactly wha...
The Minister for Community Safety and Legal Affairs (Annabelle Ewing)
SNP
Football is indeed Scotland’s beautiful game. It is part of our culture. Supporters are passionate in their backing of their team, but there is a darker side...
Annabelle Ewing
SNP
Presiding Officer, I wish to make some progress.
The Deputy Presiding Officer
SNP
The minister does not wish to take either intervention. Please sit down.
Annabelle Ewing
SNP
These are not new problems. Scottish football needs to recognise that society does not agree that historical tribalism is a justification for abusive behavio...
Annabelle Ewing
SNP
I am afraid that I want to make progress. Another misconception is that the act is ineffective, demonstrated apparently by a lack of prosecutions. Although...
Annabelle Ewing
SNP
I wish to make progress. It has also been claimed that the legislation breaches human rights legislation, but Lord Carloway, then Lord Justice Clerk and no...
The Deputy Presiding Officer
SNP
The minister is closing.
Annabelle Ewing
SNP
I will take an intervention from James Kelly.
James Kelly
Lab
If the Government is fully committed to anti-sectarian initiatives, will the minister explain why the budget has been cut in the past year by £2 million?
Annabelle Ewing
SNP
We have put in an unprecedented amount of money—£12 million over the past four years, taking us to next year. That is more than any other Government in Scotl...
The Deputy Presiding Officer
SNP
Ms Ewing, you may close.
Annabelle Ewing
SNP
It is not sensible to look at sectarianism without also considering what happens in 90 minutes on a Saturday in Scotland. In conclusion, Presiding Officer—
The Deputy Presiding Officer
SNP
No—I think that you have concluded, Ms Ewing. Thank you very much. Amendment S5M-02231.1 moved, to leave out from “there are laws” to end and insert: “the ...
Claire Baker (Mid Scotland and Fife) (Lab)
Lab
I welcome the opportunity to have this debate. Labour has an established position on the Offensive Behaviour at Football and Threatening Communications (Sc...
The Deputy Presiding Officer
SNP
We move to the open debate. I cannot impress on members enough just how tight time is in this very short debate. Speeches will be generally four minutes, inc...
Oliver Mundell (Dumfriesshire) (Con)
Con
It would be easy to think that today’s debate is about tackling the blight of sectarianism, which—despite significant progress—still plagues modern Scotland....
Stuart McMillan (Greenock and Inverclyde) (SNP)
SNP
Will the member take an intervention?
Oliver Mundell
Con
No, thank you. The legislation is tokenism at its worst and—perhaps more worryingly—it is very poor legislation that muddies the waters rather than deliveri...
Rona Mackay (Strathkelvin and Bearsden) (SNP)
SNP
I want to highlight the meaning of the word “justice”. The dictionary definition states that it is “a concern for justice, peace, and genuine respect for pe...
Neil Findlay
Lab
Will the member take an intervention?
Rona Mackay
SNP
I am sorry, I have too little time. The 2012 act is also, in the main, supported by football clubs across Scotland. The 2012 act is not confined to footbal...
Douglas Ross
Con
Will the member take an intervention?
The Deputy Presiding Officer
SNP
She is in her final minute.
Rona Mackay
SNP
Labour and the Tories supported the approach whole-heartedly in 2011. To members who oppose the 2012 act, I say that we are proud that, rather than pay lip ...