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Celtic and Rangers clash will be calmed by Offensive Behaviour at Football Act...


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...insists Lord Advocate Frank Mulholland.

 

LORD Advocate Frank Mulholland says the controversial act is cleaning up the sport despite the legislation being heavily criticised by fans, lawyers and civil rights campaigners.

 

SCOTLAND’s top prosecutor has vowed that controversial legislation clamping down on offensive songs will calm next month’s Old Firm cup clash.

 

Lord Advocate Frank Mulholland says the Offensive Behaviour at Football Act is cleaning up the sport despite the legislation being heavily criticised by fans, lawyers and civil rights campaigners.

 

It led to 79 convictions last year and leading QC Brian McConnachie claimed the law “invites people to be offended and tells them what it is they are offended by”.

 

It was also branded “mince” by a sheriff who cleared a Celtic fan accused of singing a pro-IRA song in 2013.

 

But Mulholland says the act is working and has rejected any suggestion that there would be fewer prosecutions as a result of the criticisms.

 

He said: “We have a conviction rate of over 80 per cent and are seeing a decrease in that kind of criminal behaviour.

 

“There is no act of parliament on common law crime I know of that says you should be exempt from prosecution just because you’re at a football match.”

 

The Offensive Behaviour at Football Act was introduced more than four years ago by the SNP government and makes it an offence to incite hatred in football grounds or pubs where games are screened.

 

Serious threats on the internet, T-shirts and posters, fans singing certain songs or chants and even tattoos can all be considered criminally offensive. Football fans claim the legislation criminalises them and takes away their right to free speech.

 

Tory leader Ruth Davidson and Labour’s Kezia Dugdale have pledged to scrap the law.

 

But, ahead of a major conference on hate crime, the Lord Advocate refused to get drawn in to the “rights or wrongs” of the act.

 

He said: “I’m the Lord Advocate, I’m not a politician. I’m not here to make policy choices – that’s for the politicians and parliament to do.

 

“Whether I like the legislation or not is irrelevant. My job is to say to the public – the legislation is there, you fall foul of it and you will get prosecuted. The rest is a matter for the court.”

 

On Tuesday, the new Chief Constable of Police Scotland, Philip Gormley, along with First Minister Nicola Sturgeon and the Lord Advocate, will address the conference at Hampden.

 

It will cover disability hate crime, racism, sectarian behaviour and crimes against gay and transgender members of the community.

 

Mulholland says the forthcoming Old Firm Scottish Cup semi-final on April 17 should be “enjoyed as a spectacle”, not as an excuse to behave badly.

 

He warned: “If fans indulge in sectarian behaviour, they should expect to be prosecuted.”

 

The act has been criticised in detail by a string of Mulholland’s colleagues. The “mince” comment was made by Sheriff Richard Davidson, who said the legislation was “horribly drafted”.

 

Scottish Labour justice spokesman Graeme Pearson said: “It’s the most contentious piece of legislation passed since devolution.”

 

But Cabinet Secretary for Social Justice Alex Neil says £80million has been invested in the past three years to tackle inequality and discrimination.

 

He added: “Scotland is a diverse, multi-cultural society and this diversity is our strength.”

 

He said the One Scotland campaign, launched in 2014, promotes Scotland as a country and a people who believe in equality.

 

Mulholland admits Scotland’s history of sectarianism and bigotry is “simply shameful” and forms the root cause of much more serious crimes.

 

The Lord Advocate said: “I see the effect it has on our communities. I prosecute cases where people have been killed, maimed and even thrown off a bridge because of it. The appalling murder of Mark Scott in 1995 is the real face of sectarianism and hatred.”

 

Mark, 16, had his throat slashed by Jason Campbell because he was wearing a Celtic scarf as he walked home from a game at Parkhead.

 

Campbell, now 41, was sentenced to life and released in 2011.

 

The Lord Advocate said the high profile case of former Celtic ladies player Megan McFadden, 20, who stood trial after admitting posting on Facebook “dirty Orange inbred monkey b*******” on the day of last year’s Old Firm match, sends out a message despite the not proven verdict.

 

McFadden, of Drumchapel, Glasgow, described the comment as “banter between me and one of my friends”.

 

But Mulholland said: “Anyone who thinks it’s acceptable to use sectarian language dressed up as banter needs to think again. One person’s banter is another person’s bigotry.”

 

Read more at http://www.dailyrecord.co.uk/news/scottish-news/celtic-rangers-clash-calmed-offensive-7593462#OxpSsDI2DJpx1qK1.99

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''It was also branded “mince” by a sheriff who cleared a Celtic fan accused of singing a pro-IRA song in 2013.''

 

''Mark, 16, had his throat slashed by Jason Campbell because he was wearing a Celtic scarf as he walked home from a game at Parkhead.''

 

 

The Lord Advocate said the high profile case of former Celtic ladies player Megan McFadden, 20, who stood trial after admitting posting on Facebook “dirty Orange inbred monkey b*******” on the day of last year’s Old Firm match, sends out a message despite the not proven verdict.

 

McFadden, of Drumchapel, Glasgow, described the comment as “banter between me and one of my friends”.

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'£80million has been invested in the past three years to tackle inequality and discrimination'

 

What a waste of money. Have they nothing better to do at the Shortbread Senate ?

Any wonder Scotland had a £15bn financial deficit in the latest GERS figures ?

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The Act is bonkers, everybody knows that but politicians seem unable to put their hands up and say it was a mistake.

It was a knee jerk reaction to rabid red top headlines, but they'll order their legal minions like Mulholland to put up a defence .....

until they're forced to change of course. Then we'll get a different opinion from the same guy if he's still there

we have a common cause with the tims and others here.

it's a law oppressing the right to freedom of speech if someone finds what you say is "offensive"

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It is merely headline grabbing by second rate politicians from the Shortbread Senate.Much easier to do this than tackle real issues like £15bn deficits in the recent GERS figures

 

And if Mulholland thinks the act is working maybe he should take a closer look at the club he supports and the conduct of its supporters most notably at away matches such as Stranraer recently

Edited by RANGERRAB
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"And if Mulholland thinks the act is working maybe he should take a closer look at the club he supports and the conduct of its supporters most notably at away matches such as Stranraer recently"

 

 

he should concentrate on keeping the judiciary free from political interference..............

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"And if Mulholland thinks the act is working maybe he should take a closer look at the club he supports and the conduct of its supporters most notably at away matches such as Stranraer recently"

 

 

he should concentrate on keeping the judiciary free from political interference..............

 

Absoluely no chance of that happening

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Are the law eagles really going to take action?If so it should be against Morton FC who's fans proceeded to sing about "the Billy Boys up to our knees in F8888n blood at the recent game that was not reported in the "honest media",obviously trying to get our fans in trouble.The legal situation is still as biased against us as it has always been in this small minded nation of ours,AND THEY WANT INDEPENDENCE from what?.

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