CONTROVERSIAL laws to stamp out sectarianism were forced through the Scottish Parliament by the SNP yesterday, despite last-ditch appeals for the legislation to be scrapped.
The SNP used its majority at Holyrood to pass the Offensive Behaviour at Football and Threatening Communications Bill, although ministers promised to review the use of the new powers.
Two offences will be created, targeting sectarian behaviour in and around football matches and on the internet. Those convicted could spend as long as five years in prison and be banned from football grounds.
It means police forces will be empowered to move against offensive behaviour at matches this season when the Act comes into force in the New Year.
The SNP used its majority at Holyrood to pass the Offensive Behaviour at Football and Threatening Communications Bill, although ministers promised to review the use of the new powers.
Two offences will be created, targeting sectarian behaviour in and around football matches and on the internet. Those convicted could spend as long as five years in prison and be banned from football grounds.
It means police forces will be empowered to move against offensive behaviour at matches this season when the Act comes into force in the New Year.
But last night opposition parties united to brand the bill, which has won backing from police and prosecutors, a shambles and unworkable.
Labour, Conservatives, Liberal Democrats, Greens and Independent MSP Margo MacDonald issued a joint statement after the vote at Holyrood.
It read: "Members of all political parties are determined to wipe the blight of sectarianism from Scottish society. It is of real regret that the first piece of legislation passed by this new Parliament has been railroaded through by the SNP.
"The SNP has used its majority to force through bad law that risks doing more harm than good. It sets a worrying precedent for this Parliament."
The only amendment to the legislation accepted by the SNP came from Patrick Harvie of the Greens, pledging the Government to consult with other parties as part of the review of how the new legislation would work in practice.
Community Safety Minister Roseanna Cunningham reminded MSPs of on-field flashpoints at Old Firm encounters, bullets and bombs through the post and internet threats to Celtic manager Neil Lennon and other prominent Celtic figures.
She said: "This simple point seems to have been lost in what I think is a fog of denial and sometimes apparently wilful misunderstanding.
"These are clear and specific improvements to the existing law."
Tory Justice spokesman David McLetchie scorned the notion of asking police or prosecutors if they wanted new powers as akin to asking someone if they wanted a pay rise. He predicted: "What we will now see is a flood of prosecutions under the Act. No doubt this will be presented as a great success by the SNP, but in reality it will be a sham."
But Ms Cunningham said: "The advice from the experts was clear: a change in the law would assist police and prosecutors in stamping out this most visible form of sectarianism. The Government's responsibility to act was clear."
She added: "It is difficult to reconcile the view that these new measures add nothing to the existing law and are thus unnecessary with the idea – often expressed in the same breath – that they are unworkable and illiberal."
Ms Cunningham said the 91% of "decent, law-abiding" Scots who had had enough of this behaviour should be heeded.
But Labour justice spokesman James Kelly said: "We all know that throughout this process, it has not been competently handled by the minister.
"What we need is a properly thought-out strategy on sectarianism, one that is informed by real people, not civil servants in St Andrew's House."
Lord Advocate Frank Mulholland QC, Scotland's top law officer, said: "I welcome the passing of this Bill, which is one of the most important pieces of legislation to be passed by the Scottish Parliament."
Dave Scott, of anti-sectarian charity Nil By Mouth, said: "The debate around this Bill has polarised political parties. Only time will tell how effective and enforceable it proves to be."
Key areas of Bill
Offensive behaviour around football: chanting and threatening behaviour likely to cause public order through inciting religious, racial or other hatred to "any reasonable person".
Penalties to range from £40 fixed fines or community service to five years imprisonment and an unlimited fine.
Threatening Communi-cations, using internet to incite religious hatred.
Exceptions: preaching or proselytising, fair comment on religious affairs even in harsh terms, jokes and satire.
Iain Macwhirter: this dumb, unjust law is Salmond's first own goal
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