A POLICE chief has warned that Scots football fans should expect police to act over support for terrorist organisations.

Assistant Chief Constable Bernard Higgins reacted after the Fans Against Criminalisation campaign group were critical of him warning controversial Celtic fans group the Green Brigade to leave politics at the turnstiles or face being arrested.

The row emerged as the FAC has warned of a "genuine danger to civil liberties" and the continuous criminalising of the young over minor offences if a controversial law aimed at tackling bigotry at football matches is not repealed.

In a hard-hitting indictment of the Offensive Behaviour at Football Act, the Fans Against Criminalisation, which has led a long campaign against the legislation said it had targeted and criminalised largely young male fans with no previous contact with the criminal justice system.

Some 70 per cent of those charged under the Act in 2016/17 were under 30 and 31 per cent were under 20.

And the group said if the Act is repealed, all charges made under the Act should be dropped and that all fans convicted under the law, who could not have been convicted under any other legislation should "at least" have the right to appeal.

The Herald:

Thge FAC said that the Scottish Government announced in 2015 that "in response to concerns about the young being criminalised" they had instigated and funded, to the tune of £67000, a Diversion from Prosecution scheme which would seek to ensure that young people would not be saddled with a criminal record for relatively minor offences.

The group in a submission to MSPs and ministers said that this was a "clear recognition that the Act was criminalising young people who had no business being near a police station or a court".

But a Freedom of Information request submitted the Crown Office revealed that the option of diversion was offered to just two people up to September 27, 2016.

FAC said: "There are no published statistics on the previous convictions of those charged under the Act, but from our own work with those charged and from our dealings with a number of solicitors who have dealt extensively with these cases, we are aware that they are overwhelmingly people of previous good character with no prior contact with the law.

The Herald:

"To create an Act which criminalises young, mainly working-class, men who would not otherwise be criminalised is entirely at odds with the Governments’ own policy positions in a number of significant respects."

The stance of the FAC comes as the Scottish Parliament’s justice committee considers legislation which would repeal the act brought in following the Old Firm “shame game” between Rangers and Celtic in 2011.

The group was also concerned the Act has caused a mistrust between police and football supporters and that any effort to repair relationships "will take a very long time" and only after the Act is abolished.

The Act had led to a "blurring of lines between politicians, prosecutors and police" which is dangerous to democracy," the campaign group warned.

They pointed to the police role in the kettling of Celtic fans on Glasgow's Gallowgate in March 2013 over what they described was a "peaceful demonstration" of around 100 to 150 fans.

FAC said the fans were "attacked by a force of hundreds of police officers drafted in from various force areas using dogs, helicopters and horses".

But while 13 were arrested for public order offences not one was convicted of any offence, said the FAC.

The group were also critical of Assistant Chief Constable Bernie Higgins who had warned controversial Celtic fans group the Green Brigade to leave politics at the turnstiles or face being arrested.

In a hard-hitting blast as the new league season got underway last month, the officer insisted his officers would not tolerate any offensive displays by the hardline supporters.

The Herald: Assistant Chief Constable Bernie Higgins

"Whilst UEFA policy may prohibit political expression within the context of a football match within their control, Scottish law does not. Mr Higgins, therefore, is not simply fulfilling his role as Assistant Chief Constable by advocating that fans abide by the law, but he in fact goes well beyond that, relying on his own personal views and tastes to attempt to restrict the political expression of citizens of a modern European democracy in 2017.

"At best, this is unwise but at its worst it is a grotesque abuse of his position. One simply cannot imagine Mr Higgins urging any other group of society to refrain from indulging in political expression and it is a matter of grave concern that he has chosen to publicly censure supporters in this manner."

FAC concluded: "There is no evidence of any significant problem with disorder in Scottish football grounds in absolute terms or, as it happens, in comparison with other similarly-sized public events, like concerts. In terms of behaviour which could constitute hate crime either in terms of religion or other factors, clearly the overwhelming majority of this behaviour takes place in places other than football stadia.

"On that basis we are clear that there was never any genuine, substantive basis for new legislation which affected only football fans."

Assistant Chief Constable Bernard Higgins was unrepentant over his stance saying: “Over the years I have policed many events where political views have been expressed. That is what we do in a democracy. There is a massive difference between expressing a political view or supporting a terrorist organisation. 
“If FAC want to sit down with me I will happily explain my position and reasons for it, however I would reiterate that any person showing support for a terrorist organisation should expect my officers to act, and thereafter it will be a matter for the Scottish courts to decide.” 

The FAC's strong comes as both Celtic and a prominent academic accused the Scottish Government of misrepresenting their views in a bid to boost support for keeping the Act.

Dr John Kelly, of Edinburgh University, said legal affairs minister Annabelle Ewing had taken comments he made in 2011 “out of context” to give the impression he supported the Act.

The Herald: Annabelle Ewing (39095937)

And Celtic said it was “extremely disappointed” the government had used a six-year-old quote from its chief executive Peter Lawell in a “clear misrepresentation of its "long-standing” opposition to the legislation.

A Scottish Government spokesman said: “This government stands on the side of the many tens of thousands of football supporters, young and old, who want to enjoy watching our national game with family and friends in an atmosphere that is not tainted by offensive, abusive or threatening behaviour.

“The Act has strengthened the law and allowed for a more effective response by police and prosecutors to an issue which adversely affects people of all ages due to the actions of a prejudiced, irresponsible and senseless minority.

“As representatives of victims and equalities campaigners have also indicated, repealing the legislation and removing our law enforcement agencies of the powers under this Act, would send entirely the wrong signal to both football and wider society.

“We have repeatedly encouraged all stakeholders with any specific concerns within the Act to engage with us on how these could be addressed in order to ensure everyone can best continue to be protected from abusive and threatening behaviour.”