U-turn on football hate bill - in 90 minutes

ALEX Salmond has declared his crackdown on sectarianism will notbe made law until the end of the year, less than two hours after theminister in charge of the plans had insisted it needed to beintroduced within weeks.The First Minister revealed he had changedhis mind on the timing of the bill and would allow furtherparliamentary scrutiny after Holyrood rises for its summer recessnext week.He was speaking 90 minutes after community safety ministerRoseanna Cunningham told parliament "we simply cannot allow the nextfootball season to kick off in the same way that the last onefinished", arguing that the laws needed to be introduced by nextweek.Afterwards, aides to the First Minister said he had changed hismind following the debate, and had agreed to alter the government'sstance in a 20- minute meeting with Ms Cunningham after it hadfinished.But the sudden move left Ms Cunningham exposed, andprompted claims by opposition parties that the about-turn hadundermined the credibility of the proposals.The change of pace meansMSPs will be able to gather more evidence on the controversialplans, prior to them being made into law before the new year.Thelegislation will crack down on sectarian disorder around footballmatches and in pubs where games are screened, and will punishserious threats made on the internet. Both offences could result ina prison sentence of up to five years.The plans were unveiled by MrSalmond in the weeks after his election victory, following atouchline attack on Celtic manager Neil Lennon, and the sending ofparcel bombs to Lennon, his lawyer Paul McBride and Celtic-supporting former MSP Trish Godman. The SNP argued that such was theimmediacy of the threat, new laws needed to be in place by the timethe new football season started.But the scope of the bill has comeunder scrutiny from MSPs this week, with some claiming the new lawswere unnecessary, and amid questions over whether making the sign ofthe cross or singing God Save the Queen could be deemed anoffence.Groups, including the Church of Scotland, said pushingthrough legislation in such a short time-scale would mean theproposals "lack scrutiny and clarity".The U-turn on the timing was amajor surprise, coming after Ms Cunningham told MSPs on Tuesday thatintroducing the laws immediately was "not only feasible, it isdesirable".Yesterday morning, she added: "There are other widerchallenges we will face in the longer term, but this bill representsa proportionate response to an immediately serious issue."That wascontradicted by Mr Salmond when he appeared for the weekly FirstMinister's Questions. Answering Labour Leader Iain Gray, he said: "Iaccept, and I think everyone accepts, that we have a majority inthis chamber, but we need consensus. On this issue above all, I wantconsensus, I want consensus across the chamber, I want consensusacross our partner organisations."The original plan to fast-trackthe legislation had been backed by the Scottish Football Associationin May. Last night, SFA chief executive Stewart Regan said:"Ultimately, we expect new legislation from the Scottish governmentto be practical and enforceable - it is important the necessarygroundwork is undertaken to ensure this is the case."Football clubsand lawyers also backed the pause last night, while a Christiangroup that had threatened legal action if the law had beenintroduced said it would be dropping its plans.The Rt Rev DavidArnott, Moderator of the General Assembly of the Church of Scotland,said: "I am pleased the government have heeded advice from ourselvesand others not to be hasty. It is important that civic Scotland getsthe chance to be part of proper democratic scrutiny on what is acrucial cultural issue."Cameron Ritchie, president of the LawSociety of Scotland, said: "On such an important issue as this, weneed effective law that is both workable and not open tochallenge."However, opposition parties said the uncertainty hadplaced a cloud over the legislation.Scottish Labour leader IainGray, said: "The First Minister's and SNP's incompetence hadundermined the credibility of the bill and they have now had toclimb down from their attempt to rush it through."There were alsocontinuing questions from some quarters over whether new laws ondisorder around games are necessary, given existing legislation onbreach of the peace.Mr Salmond's change of heart came in the wake ofopposition criticism that the new SNP government was using itsmajority to "steam-roller" parliament.Opponents claimed thiscontradicted Mr Salmond's assurance on being elected that he wouldseek consensus with opposition parties, despite not requiring theirsupport.His change of heart disarmed opposition parties, but led toquestions over Ms Cunningham's position, as SNP insiders made itclear she did not know the position was going to be changed duringyesterday morning's parliamentary exchanges.A spokesman for theFirst Minister said the decision to allow further parliamentary timehad been taken at a post-debate meeting with Ms Cunningham, justicesecretary Kenny MacAskill and Lord Advocate FrankMulholland.TimelineAprilParcel bombs are discovered intended forNeil Lennon, his lawyer Paul McBride, right, and former MSP TrishGodman13 MayAlex Salmond condems the "utterly unacceptable"touchline attack on Celtic manager Neil Lennon, far right20 MayLordAdvocate Frank Mulholland, right, presents legislation threateningup to five years in jail for football supporters who cause sectariandisruption at matches or on online. Mr Salmond says: "Hopefully,with parliamentary consent, it will be in place in time for the nextfootball season"25 MayA Scottish Government spokesman says: "By thebeginning of the next football season, everybody will know thescore"16 JuneThe Church of Scotland, among others, warns the plansare being rushed through21 JuneRoseanna Cunningham says: "A sign ofa cross is not in itself offensive, but I suppose in circumstancessuch as Rangers and Celtic fans meeting each other on a crowdedstreet, it could be construed as something offensive"23 June:10:30amMs Cunningham insists that Scotland cannot afford to beginthe next season as the last one ended, as she backs the tighttimescale23 June: NoonAlex Salmond announces that the bill will bedebated until the end of the yearDoes Scotland need new legislationnow?Yes : Roseanna CunninghamWE MUSTN'T forget where we were at theend of the last football season. We were faced by some of the mostshameful behaviour and incidents seen in many years broadcast andreported repeatedly and seen throughout the world.Disorder, bigotry,threats and ultimately bullets and bombs through the post. Thesescenes shamed Scottish football, but also they shamed Scotland. Thebill is a direct response to these shameful incidents - a short,sharp bill aimed directly at the most immediate problems weface.Football is Scotland's national game, it does bring pleasure tomillions. Unfortunately, as the events of last season have shown, itcan also be where the bigoted attitudes and behaviours which we seekto eradicate are most visible and damaging. The bill is only onepart of a broader strategy. It provides for two new criminaloffences. The first offence outlaws behaviour which incites publicdisorder at football matches, travelling to and from footballmatches and watching football in public areas and places like pubs.The second outlaws threatening communications, following the liveammunition sent to prominent public figures connected in some waywith Scottish football, the death threats to Celtic manager NeilLennon which appeared on the internet and the sectarian bile postedon social networks and blogs.This is an abridged version of a speechmade by community safety minister Roseanna Cunningham yesterday.No :Ian SmartIt IS part of the grim year-to-year reporting of thedisorder that far too often surrounds Old Firm games that press andtelevision reports end with a standard sentence: "Strathclyde Policereported that there had been (insert number here) arrests in andaround the ground."As a lifelong criminal defence lawyer, I couldnever concede that all these people were guilty, but I do concedetheir arrests flowed from a belief on the part of the police thatthey had broken the law.Throughout the rush to pass the OffensiveBehaviour at Football and Threatening Communications Bill, not asingle credible example was provided of behaviour in Scotland, nowto be criminalised, which was not already against the law. Nor wasit shown how the existing penalties are inadequate. There is, forexample, no limit on the period of imprisonment for the most commonoffence of breach of the peace. On the other hand, attempts to showwhat might additionally be criminalised led to the bizarre exchangesaround various national anthems. Thankfully our monolingual cultureprevented detailed consideration of the words of the Marseillaise.Ifever there was an example of a government wanting to be seen to dosomething, simply to demonstrate that something was being done, thiswas surely it. Thank goodness they've been found out.Ian Smart is aformer president of the Law Society of Scotland.