Meeting of the Parliament 02 November 2016
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 delivering on any tangible policy aims. The warning signs are clear for all to see as judges, civil rights groups, and football fans and clubs have all highlighted continuing concerns. The Law Society of Scotland put it diplomatically when it said:
“We believe that the policy intention and objectives of the 2012 act to address the serious issues of offensive behaviour at football matches and threatening communications is entirely laudable. However, we remain concerned about a number of aspects of the act, which we expressed at the bill stage in 2011.”
That is just the point. The Scottish Government rushed through the bill, railroading it through Parliament without addressing any of the legitimate concerns and criticisms that were levelled. We now find ourselves back where we started, with legislation that is not fit for purpose and which is riddled with exactly the same problems that were predicted back in 2011.
Drafting and legal considerations aside, the most worrying and undesirable consequence of the 2012 act is that it brings so many young males into the criminal justice system for the first time. Of the 287 charges that were brought under the act in 2015-16, approximately 98 per cent of those charged were male. Sadly, almost half were 20 years of age or under and a further 29 per cent were aged between 21 and 30. That tells a very sad story and seems to point to a more worrying trend that continues to exist outside football. That is the point: these problems exist inside and outside football, which is why it is wrong to focus our political effort in this way.
What is more, the act provides no solutions whatsoever. By implication, rather than focusing our financial and political efforts on addressing offending behaviour, we are simply seeking to label the problem and make an example of a small number of individuals.
As YouthLink Scotland rightly highlighted in its most recent consultation response on the subject, we must be mindful of the fact that having a criminal record will impact on a young person’s attainment and employment prospects. That issue seems to fly in the face of the Scottish Government’s own priorities for justice.
After almost a decade in government, is not it time for the SNP to recognise that sometimes gesture politics is not without consequences? It is time for the Government to think again, to listen to legitimate criticisms and to call time on the dog’s dinner that is the 2012 act.
15:38