PROSECUTORS have been told to stop using a controversial law aimed at tackling sectarianism at football ahead of its historic repeal today.
The Lord Advocate, James Wolffe, issued updated guidance stating offences should now be assessed using “alternative common law or other statutory offences”.
He said it was “likely” the Offensive Behaviour at Football Act would be scrapped today after MSPs previously backed such a move.
The SNP is the only party in favour of keeping the current legislation, which it pushed through in 2011 when it still had a majority.
READ MORE: Scots 'uncertain' over whether use of sectarian language is a crime
Its repeal will be first time an Act has been scrapped in its entirety since the Scottish Parliament was reconvened in 1999.
Scottish Labour MSP James Kelly, who is spearheading efforts to get rid of the legislation, said the Lord Advocate’s move was a “significant development”.
He said: “Experts have repeatedly told MSPs that existing legislation is in place to deal with sectarian behaviour, as well as common law such a breach of the peace.
“Repeal of the Football Act does not mean that people behaving in a criminal manner will be let off. If anything, it will clear up the legal process and end the injustices caused by the illiberal basis of the Football Act.
“There will be no gap in the law as a result of repeal, so the challenge for the Scottish Government now is to set out how they will make progress in actually tackling sectarianism.
“While ministers have desperately defended this broken law, they have cut funding for anti-sectarianism initiatives – investing in education must be the way forward.”
READ MORE: Scots 'uncertain' over whether use of sectarian language is a crime
The SNP’s legislation has faced criticism from legal experts, fans’ group and equalities organisations who have argued it is unworkable and unfairly targets football fans.
Community safety minister Annabelle Ewing said she continued to believe repealing the law was “foolhardy and sends out the wrong signal”
She added: “Repeal will compromise the ability of police and prosecutors to charge people for unacceptable behaviour and those supporting repeal have failed to recognise how removing legislation designed to protect vulnerable and minority communities will have a negative impact.”
READ MORE: Scots 'uncertain' over whether use of sectarian language is a crime
She added: “Those claiming that there would be no gap if the Act were to be repealed are simply wrong and no viable alternatives have been offered, despite my repeatedly asking how they would protect vulnerable communities.”
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