Publicly Funded Scottish Arbitration Centre lawyers to ‘arbitrate’ contractual disputes with Scottish Government says Legal Affairs Minister Roseanna Cunningham

A TEAM of lawyers who receive tens of thousands of pounds of taxpayers money each year will ‘arbitrate’ or ‘settle’ disputes between contractors and the Scottish Government, says Minister for Community Safety and Legal Affairs Roseanna Cunningham who announced earlier this week the Scottish Government’s contractual default dispute clause is now Scottish arbitration under the guise of the Scottish Arbitration Centre.

However, the Minister did not reveal in her statement the close links between the SNP, the Scottish Government and the Arbitration Centre itself which may leave some of its intended users questioning the impartiality of the organisation and any subsequent arbitration it conducts between external parties and the Scottish Government.

Roseanna Cunningham, Minister for Legal Affairs said in a statement: “Arbitration can play an important role in meeting the needs of businesses, their customers and their employees in finding cost-effective resolution to complex issues"There is a fantastic level of expertise within Scotland’s legal community in arbitration, and we want to capitalise on this to make Scotland a world leader in the lucrative arbitration market. We have been determined in our commitment to provide businesses and lawyers with the infrastructure they need to make Scotland an international centre for arbitration and enhance this country's global competitiveness. As part of our efforts, this Government is actively inserting Scottish arbitration clauses in all Scottish Government contracts."

Welcoming the commitment, Andrew Mackenzie, chief executive of the Scottish Arbitration Centre, said he hoped it would encourage other public sector bodies, including the UK Government, to follow suit. "We understand that arbitration business is generally on the increase in Scotland, and have been informed that the Scottish Arbitration Rules have been inserted into numerous private sector contracts. This bodes well for the domestic arbitration market”, he commented.

The Scottish Arbitration Centre’s Andrew MacKenzie is a solicitor on secondment from the Scottish Government Justice Directorate.  Becoming a solicitor in 2004, he advised the Scottish Government Health Department.  In 2008, he was appointed by Lord Cullen to be Secretary of his Review of Fatal Accident Inquiry Legislation.  In 2009, he became Head of Courts and Legal Services Reform in the Scottish Government Justice Directorate, and had policy responsibility for the Legal Services (Scotland) Bill and civil court rules.  Since August 2010, he also had responsibility for policy on alternative dispute resolution, including the Government commitment to establish a Scottish Arbitration Centre.

The Scottish Arbitration Centre’s Directors are:

• Brandon Malone (nominated by Law Society of Scotland)
• Neil Stevenson (nominated by Law Society of Scotland)
• Gordon Bathgate (nominated by Chartered Institute for Arbitrators)
• Sarah Speirs (nominated by Royal Institute of Chartered Surveyors)
• Janey Milligan (nominated by Royal Institute of Chartered Surveyors)
• Gordon Reid QC (nominated by the Faculty of Advocates)
• Alan Summers QC (nominated by the Faculty of Advocates)

Anyone involved in contractual disputes with the Scottish Government may wish to check up on the impartiality of the Scottish Arbitration Centre and its members who are mostly from the legal profession and other self regulating industries which rely on the Scottish Government.

The Scottish Arbitration Centre, a business headed by a former SNP legal spokesman, Brandon Malone, who made a name for himself in the letters column of the Scotsman newspaper a few years back, receives TENS OF THOUSANDS OF POUNDS of public money from the Scottish Government in the form of annual payments along with access to Scottish Ministers, according to information disclosed by the Scottish Government under Freedom of Information legislation. However, the centre has not publicised any big successes as of late.

Ex-Court of Session Fettesgate Judge Lord Dervaird made Hon Vice President of SNP/Law Society backed Scottish Arbitration Centre One of the appointments made to the Scottish Arbitration Centre raised eyebrows, in the shape of LORD DERVAIRD (aka Prof. John Murray QC) the Court of Session judge who STUNNED the Scots legal establishment in the early 1990s by resigning in a cloud of rumours connected to the FETTESGATE ‘Gay Justice Conspiracy' scandal has today been appointed as an Honorary Vice President of the Scottish Arbitration Centre, a ‘joint venture’ opened by the SNP’s Fergus Ewing and backed by the Scottish Government, the Chartered Institute of Arbitrators, the Faculty of Advocates, the Law Society of Scotland and the Royal Institute of Chartered Surveyors

The Scottish Arbitration Centre came about after a specific proposal for an arbitration centre was presented by Brandon Malone, solicitor advocate, on behalf of the Scottish Government’s steering group at a meeting last year between Fergus Ewing and representatives of the bodies authorised to act as Arbitral Appointments Referees (AARs) under the Arbitration (Scotland) Act 2010. Mr Malone, who also happens to be Chairman of the Scottish Arbitration Centre, has been involved with the SNP for many years and was the party’s “Assistant Spokesperson on Justice & Equality” in the late 90’s, famed among other things yet to be published, for writing letters in the Scotsman newspaper defending the legal profession.

The much hyped Arbitration (Scotland) Act 2010 pushed through by the SNP Scottish Government which the Scottish Arbitration Centre is using as a business model, aimed to promote domestic & international arbitration under Scots Law and, laughably, seeks to promote Scotland as a place to arbitrate disputes, legal & otherwise.

Critics of the Arbitration (Scotland) Act 2010 and its passage through the Scottish Parliament point out the legislation was put through Hollyrood at the suggestion of the Scots legal establishment to corner the arbitration market, seen as a lucrative business to be controlled before ‘outside elements’ took it over. The legislation seeks to increase the number of arbitrations under Scots Law while also increasing the level of business for arbitration advisers and the number of appointments of arbitrators based in Scotland, as long as they are agreeable to, or members of, or are under the control of the organisations who back the Scottish Arbitration Centre.

Sectarian Scotland : SNP to tackle root problems of ‘Catholic Bashing’ & sectarian hatred with £116K funding for school plays

SNP tackle anti-Catholic bigotry & church desecrations with school plays & destruction of hate crime statistics. FROM the same SNP Scottish Government who authorised the Crown Office & Procurator Fiscal Service (COPFS) to destroy years of sectarian crime statistics so as to avoid public shock at the scale of the problem, a new policy to tackle sectarian bigotry & hatred has been announced by Community Safety Minister Roseanna Cunningham in the form of funding for a school play & a ‘spirituality’ festival. The latest move by the SNP forms part of a charm offensive to calm fears expressed in the predominantly Catholic EU over Scotland’s sectarian problem and the extent to which it has been covered up, seemingly at the highest levels of Government.

The Scottish Government issued a media release yesterday claiming the new project, involving forty school pupils to devise a stage play will educate the next generation of Scots.

Ms Cunningham sought maximum publicity for her announcement, made while attending "Scotland's Apartheid: Can we heal the green and orange sectarian divide?" as part of the “Festival of Spirituality and Peace”. The minister also announced £9,000 of public money to be handed over to the “Festival of Spirituality and Peace” to run a series of events on sectarianism, emblazoned with SNP logos & pro-independence voting campaigns.

Scottish Government Press Release : Funding announced to tackle bigotry

Communities Minister Roseanna Cunningham said: “Hatred of any kind has no place in modern Scotland and we need to do everything we can to stop it wherever and whenever it occurs, whilst tackling the root causes. We need to develop a broad set of actions to tackle it in different ways across society, from grassroots projects in communities, through to education and other initiatives which address the root causes of sectarianism. There is already some fantastic work taking place in communities across the country and we want to build on that success.

Ms Cunningham continued : “The work the Citizens Theatre are doing working with schools to educate the next generation of young Scots has been widely acclaimed and I am delighted this funding will help roll it out to South Lanarkshire. I hope the same success we’ve seen in Glasgow can be replicated in other areas of Scotland and projects like this are so important.

“Similarly, the funding for the Festival of Spirituality and Peace to run a series of events on sectarianism can help challenge attitudes and send out a strong message that sectarianism is never acceptable, never excusable. Sectarianism has ruined the lives of too many people and too many communities for far long enough. Working with organisations and communities across the country, we are determined to take wide-ranging action society to eradicate it once and for all. True change will only come about when we all take a stand against sectarianism and do our part in the fight against bigotry and hatred.”

However, the SNP’s policy on tackling sectarian bigotry & religious hatred in Scotland appears to be anything but genuine, where previously Scottish Law Reporter covered the destruction of the sectarian data by the Crown Office, here : SECTARIAN SCOTLAND COVER-UP : Crown Office admits it destroyed sectarian offences data ‘showing majority of crimes were against Catholics’.

The data on sectarian offences was ordered to be destroyed after Professor Tom Devine urged msps during a session of the Scottish Parliament’s Justice Committee (click Professor Tom Devine speaking on Crown Office sectarian data analysis to watch video clip)to request sight of the now destroyed hate crime statistics for further study.

Today, a leading critic of the Scottish Government’s policies on sectarianism in Scotland rubbished Ms Cunningham's claims the latest funding award would tackle root problems of sectarianism.

He said : “If Mr Salmond and the SNP are serious about tackling the root problems of sectarianism in Scotland, no Orange Order march will ever again be allowed to take place on Scottish soil.”

The Scottish Government was unavailable for any further comment.

RACIST SCOTLAND : Hate crime figures show 8% reduction in 5 years, 4,900 incidents reported last year, Asians still subject of most ‘racist crime’

ONE area of statistics the Crown Office have managed to save from the shredders (unlike the statistics on sectarian crime) is that of incidents reported of a racist nature, which reveal today a reduction for the fourth consecutive year with 4,907 incidents recorded in 2010-11.

The Scottish Government Press Release :

Racist incidents statistics published

12/06/2012

Minister for Community Safety Roseanna Cunningham today cautiously welcomed figures showing a decrease in racist incidents recorded by the police in Scotland in 2010-11.

Ms Cunningham said that there are still far too many hate crimes taking place across the country and warned against complacency in light of more up-to-date Crown Office prosecution statistics published last month. These showed an increase in the number of charges reported to the Procurator Fiscal by the police and other agencies for racism and other forms of hatred in 2011-12.

The ‘Racist Incidents Recorded by the Police in Scotland, 2010-11 statistics published today show:

The number of racist incidents recorded by the police in Scotland has shown a reduction for the fourth consecutive year, with 4,907 incidents recorded in 2010-11, an eight per cent reduction from 2006-07.

Where ethnic origin of the victim was known, 24 per cent of victims were Pakistani, while 46 per cent of victims were of Asian origin (which includes Indian, Pakistani, Bangladeshi, Chinese or other Asian).

In 2010-11, 46 per cent of perpetrators of racist incidents were aged 20 or under (where age and gender was known).

The most common times at which racist incidents occurred were on Friday night and Saturday night, with more incidents generally occurring between the hours of 18:00 to midnight.

The most common locations for an incident in 2010-11 were the street (33 per cent), a dwelling house (19 per cent) and in a shop (17 per cent). Other locations included a restaurant / takeaway (eight per cent) and a pub / place of entertainment (six per cent).

In response, Roseanna Cunningham said: “Hatred of any kind has no place in modern Scotland and we need to do everything we can to stop it wherever and whenever it occurs, whilst tackling the root causes. Along with tough enforcement through record numbers of police officers on our streets, community engagement and education is driving home the message that there is no place for racism of any kind in Scotland.While these figures show a decrease in incidents in 2010-11, we cannot be complacent, particularly as we saw new prosecution figures being published last month which show an increase in racist charges this year. That is why we must continue with the work we are doing to tackle racism and hatred in all its forms whilst constantly looking at new ways of getting across the message to the next generation of young Scots. We need to say loud and clear that these outdated attitudes are not acceptable and never will be, whilst educating them about the importance of tolerance and respect.”

Ms Cunningham continued : “The fact that so many of these incidents are happening on Friday and Saturday nights underlines the importance of our efforts to tackle the booze culture which is damaging our communities.The Scottish Government will not tolerate racist behaviour of any kind, whether on the street, in a pub or club, in our workplaces or at a football match and we back our police and prosecutors in punishing offenders for their shameful behaviour.Scotland has an outstanding reputation as a welcoming and tolerant nation and we cannot let a minority of Scots tarnish our image. We want Scotland to be a country where all our citizens can live free from fear and discrimination."

Statistical news release can be accessed at: Racist Incidents Recorded by the Police in Scotland, 2010-11

Related information:

The Scottish Government are committed to promoting equality across Scotland and working with others to do so. To help achieve that aim, the Scottish Government are providing significant funding to core organisations to combat bigotry and hatred of all kinds with nearly £15 million being provided during 2012-15 to allow organisations to take forward specific projects and initiatives to address the issues and support work that will make our communities safer and stronger.

This includes funding of £272,000 announced last week by the Minister for Community Safety to organisations such as Nil by Mouth, Show Bigotry the Red Card, Sense over Sectarianism and the Iona Community to tackle wider forms of hatred.

The Criminal Justice and Licensing (Scotland) Act 2010 and the Offences (Aggravation by Prejudice) (Scotland) Act 2009 protect the victims of hate crimes by strengthening statutory aggravations for racial and religiously motivated crimes (2010 Act) and creating new statutory aggravations for crimes motivated by sexual orientation, transgender identity and disability (2009 Act). These aggravations also extend to situations where an offender in committing an offence demonstrates malice or ill-will towards a particular group as a whole without the need for an individual victim to be identified.

The legislation ensures that, where it can be proven that an offence has been motivated by malice or ill-will based on the victim’s actual or presumed sexual orientation, transgender identity, disability, race or religion, the court must take that motivation into account when determining sentence. This may lead to a longer custodial sentence or higher fine or a different type of disposal than might have been the case if the offence was not so aggravated.The aim of the legislation is to ensure that when the prejudicial context of a crime has been hatred towards a certain group then that context is taken into account when an offender is being sentenced.

Full Statistical Publication

Proposals announced to ‘reform’ Scotland’s corrupt tribunal system under judicial leadership & control of Lord President

SCOTLAND’S notoriously corrupt TRIBUNALS SYSTEM is to come under the microscope with the launch of a Scottish Government consultation into reforming tribunals with a view to creating two generic tribunals, a First tier and an Upper tier, to be brought under the ‘judicial leadership’ (control, dictate - Ed) of Scotland’s top judge, the Lord President.

The plans, announced by an apparently less than convinced Minister for Community Safety, Roseanna Cunningham claim “greater clarity” will be brought to Scotland’s beleaguered vested interested stuffed tribunal system, which hosts members from all walks of life (including a cocaine using solicitor, a drunk driver sheriff, and a ‘retired’ nurse who stole from patients – Ed)

Reforming Scotland’s tribunals

The Scottish Government has today launched a consultation on reforming Scotland’s tribunal system with proposals centring around a unified, integrated structure which will be brought under the judicial leadership of the Lord President.

The proposals intend to create two generic tribunals, a First-tier and an Upper-tier, in which to transfer the separately operating tribunals in Scotland. There will also be genuine judicial independence by bringing the tribunal judiciary under the leadership of the Lord President.

Minister for Community Safety and Legal Affairs Roseanna Cunningham said: “I want to bring greater clarity and cohesiveness to Scotland’s tribunal system, ensuring that people at all points in the system receive a strong, fair and just service. Our proposed reforms will bring separate tribunals into a unified structure and provide for their independence by bringing judicial leadership under the Lord President. We also propose introducing new rule making procedures and new arrangements for the selection and appointment of tribunal judiciary.”

Ms Cunningham continued : “We are now embarking on the most radical reforms of our courts and tribunals systems for at least a century through our Making Justice Work programme. Our justice system needs to be better connected and make more effective use of modern technology to ensure a service that is high quality, continually improving, efficient and responsive to local people's needs. The character of tribunals has changed over recent decades; they are no longer considered to be administrative bodies but are now rightly perceived to be an integral part of the judicial system. These proposals underpin and strengthen that development.”

Ms Cunningham went on at further length : “The current system is complex and fragmented, and important questions have rightly been raised by third-party expert reviews around tribunal independence, system coherence and the quality of service provided to users. We want to retain and build on a tribunal system that puts its users at the centre. We want the public to have confidence in a system that treats them fairly, quickly and with respect. These changes require primary legislation and we are committed to bringing forward a bill within this parliament. The tribunals system we are proposing will make structural and organisational improvements but I am very clear that we must retain all the service benefits of the current, specialised system of tribunals with their particular jurisdictionally specific ethos. The particular needs of tribunal users remain central to this process. That is why I have ensured that appropriate measures are in place to protect each tribunal’s distinctive culture and specialist nature. I look forward to hearing the views of our valued stakeholders throughout this consultation process as we move forward with building a stronger, more responsive and supportive tribunal system for Scotland.”

The consultation is scheduled to run for 12 weeks. The coherent tribunal system proposed through this consultation supports a clearer, simpler and more effective way of resolving citizen to state and party to party disputes. The proposals seek to improve the effectiveness and quality of service delivery to users and secure better value for public money.

Consultation on proposals for a new tribunal system for Scotland

Easy read guide to the consultation

Wednesday 14 December 2011 : The day Scotland’s Government gives Police powers to ‘even-up’ Sectarian Crime Statistics by arresting more Catholics

What the Crown Office wants, the Crown Office gets : A chance to arrest more Catholics to even up crime stats. The Scottish Government have earlier this morning issued a Press Release in clear confidence the SNP majority will wave through the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill which aims to deal with Scotland’s secret sectarian menace by allowing Scottish Police Forces to arrest & prosecute more Roman Catholics to even up the sectarian statistics after an earlier set of figures revealed most sectarian crimes in Scotland targeted Catholics. The historical data on sectarian crimes in Scotland which would have revealed even more shocking figures of religious hate crimes against Roman Catholics & other religious minorities was so shocking, political orders were issued to the Crown Office to destroy it before the substance of the figures could be debated by academics & politicians who called for its release.

Sectarianism is the unmentionable problem of Scotland which First Minister Alex Salmond’s SNP Government are afraid of accurately documenting due to their own assessment that revealing the sheer scale of Scotland’s sectarian problem may skew the predominantly Catholic European Union’s view of an independent Scotland asking for EU membership. There is also now no doubt Sectarianism in Scotland has grown because successive Scottish administrations from ALL political parties have systematically failed to deal with sectarianism due to its appearance and possibly participation in by all levels of Scottish society including members of law enforcement & the justice system.

While some many welcome today’s attempt to tackle the problems, many observers feel the issue of tackling sectarianism via the new bill has become one of pure spin rather than tackling actual crime & sectarian sentiment which appears to run rife in Scotland. The passage of the bill has seen the First Minister and the SNP Government genuflecting before Strathclyde Police & Scotland’s Crown Office & Procurators Fiscal Service (COPFS) to give dream powers which criminalise everything short of standing in silence watching a football match.

The Scottish Government’s Press Release, issued prior to the debate & vote in the Scottish Parliament.

Offensive behaviour at football

Scotland must have the courage of its convictions and give the police and prosecutors the additional tools they have asked for to extract 'poisonous songs of hatred' from Scottish football and threats of harm being posted on the internet, Roseanna Cunningham said today.

The Minister for Community Safety was speaking as the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill reaches its final stage in Parliament this week.

The Minister reiterated that the vast majority of football fans at all clubs have nothing to fear from the new laws but said that the 'bigoted minority' who continue to sing offensive sectarian hatred in the name of football and who cause the public disorder which follows it should not be allowed to 'shame Scotland any longer'.

Ms Cunningham said that the experts are firmly behind the Bill and it was now time for 'common sense to prevail'. She said: "Sectarianism shouldn't be part of a modern Scotland and we need to do everything we can to eradicate it once and for all. To put it quite simply, it will not be tolerated. We must remember why we are acting. Songs are being sung at football matches in Scotland which have nothing to do with football and everything to do with hatred, violence and bigotry. Bombs have been sent through the post to individuals because of their links to particular football clubs, and death threats against a football manager posted on the internet. The offensive chanting of a minority of fans has already led to UEFA taking action against two Scottish clubs and the actions of these fans has brought shame on Scotland.

"The police and the Lord Advocate, the most senior law officer in Scotland, have asked for better tools to do their difficult job. The issues we seek to address did not just emerge in the last football season. The status quo which allows poisonous songs of hatred to be sung at Scottish football matches or threats of serious harm to be posted on the internet has gone unchallenged for too long and cannot be allowed to continue. It is time to extract the poisonous hatred from Scottish football. Banter and passionate support for football teams, even passionate opposition to other football teams, is the lifeblood of football - sectarianism and other expressions of hate are not. The experts remain firmly behind this Bill and Scotland must now show the courage of its convictions and take the action needed. Common sense must now prevail. The well-behaved fans of all clubs, who are the vast majority, have nothing to fear from a Bill which will make Scottish football and society better. This comes down to a choice. You can either do nothing and allow the status quo which allows the mindless bigot to thrive or we can take the strong action needed now and send out a message that this behaviour is not going to be tolerated any longer."

Supportive comment for the Scottish Government's proposals:

Assistant Chief Constable Campbell Corrigan, Strathclyde Police: "My view on this is quite clear. I support this legislation because it seeks to deal with a problem that we know that we have. We do have people behaving inappropriately in and around football matches and we do still hear songs being sung that have nothing to do with football and everything to do with hatred, religion and terrorism." (6 October 2011)

Lord Advocate (letter to Justice Committee, 1 November): "I fully endorse the introduction of specific offences relating to offensive behaviour at football matches and threatening communications. The offences will provide an invaluable tool for the police and prosecutors to target and tackle the unacceptable behaviour that has been associated with football." (1 November 2011)

Henry McLeish: "I applaud the legislation because this is besmirching Scotland's reputation. There is no doubt in my mind there are excesses in Scottish Football, a darker side we must get rid of. I make no apologies about that. We have to be tough. If we want this kind of warmer, friendlier game we need to tackle these excesses. And in that that case Alex Salmond is right, this is an embarrassment to Scotland" (8 December 2011)

Ian Galloway, Convener, Church and Society Council, Church of Scotland: "The Bill has been amended and improved; we have been able to engage with it, as have a range of other organisations. The consideration and debate about the issues related to the Bill have been important I think in moving Scotland forward." (December 2011)

Bishop Philip Tartaglia, Catholic Church: "I share the concerns of the Scottish Government that sectarianism should be eradicated from Scottish society. Fears that the wide remit of the 'Offensive Behaviour Bill' might impinge on the freedom to hold and express otherwise inoffensive views appear to have been recognised and are being addressed." (7 October 2011)

Stewart Regan, Chief Executive, SFA: "The Scottish FA welcomes the new Bill as tangible evidence of the success of the Joint Action Group. In particular, we are pleased to see that it covers sectarian and other forms of unacceptable chanting and threatening behaviour." (17 June 2011)

Scottish Premier League: "It is clear that offensive and threatening behaviour has no place in Scottish football and the SPL will continue to work with all members of the Joint Action Group to address this issue. On the day the fixtures for the new Clydesdale Bank Premier League season are announced, we would hope that Scottish football is in the headlines for the right reasons this season." (17 June 2011)

Pat Nevin, football commentator: "I'm personally delighted that the Parliament are going down this direction: it's been a long time overdue for me and the problem has been in Scotland, particularly the West of Scotland for a number of years". (17 June 2011)

Les Gray, Chairman of Scottish Police Federation: "Now, if somebody's going to tell me that the current situation is working fine then these people are living in cloud cuckoo land because it's not working fine."(12 December 2011).

Paul McBride QC: "I think this is the most important legislation to be passed in Scotland in the past 30 years, because it deals with a problem we absolutely have to solve". (18 June 2011)

Craig Brown, Manger of Aberdeen FC and Former Scotland Boss: "I don't think there is anyone who could dispute the benefit of this. This is something that has to be commended." (18 June 2011).

Justice Committee - September 13

SFA: "We have found the joint action group process to be helpful in examining the governance structure of football in the context in which we are meeting. We all want to improve matters and to see a redefining of the acceptable parameters of behaviour within stadia and Scottish football. We are here to give full support to the bill."

Chief Superintendent David O'Connor (Association of Scottish Police Superintendents): "The legislation could be applied to football or beyond football. We have to deal with a variety of legislation - the whole legislative framework must be taken into consideration. However, we are looking for something that will help us and that will be another string to the bow in dealing with the challenges of football."

Written Submissions to Justice Committee by August 26

Association of Chief Police Officers in Scotland Football Sub Group: "ACPOS Football Sub Group fully support the introduction of legislation which is specifically enacted with the intention of tackling offensive behaviour at football. There is clearly a variety of statutory legislation already in existence which can be utilised, however this does not always fit with the variety of different incidents now witnessed throughout the football environment."

Equality and Human Rights Commission Scotland: "We welcome the Scottish Government's commitment to challenging sectarianism in Scotland."

Equality Network: "We welcome the policy intention of the Scottish Government to address the problem of the expression and stirring up of sectarian and other hatred, in relation to football, and to address incitement to violence and hatred through online and other communication".

Detail on Bill:

The Bill provides for two new offences: Offensive Behaviour related to football and Threatening Communications.

OFFENCE A - "OFFENSIVE BEHAVIOUR"

Intended to deal with sectarian and other offensive chanting and threatening behaviour likely to cause public disorder. The offence covers behaviour likely to lead to public disorder:

Expressing or inciting religious, racial or other forms of hatred. Threatening behaviour or behaviour which would be Offensive to any reasonable person. Covers behaviour at and on the way to or from a "regulated football match", which includes league, European and international matches. Definition based on football banning orders (FBO) legislation, which means there is the potential for an FBO to be imposed in every case. Also covers anywhere a match is being broadcast in a public place, and travel to and from such places. Covers a wide range of behaviours with appropriate relevant penalties ranging from fixed penalty notices (£40) and Community Payback Orders to a maximum of 5 years in prison and an unlimited fine.

OFFENCE B - "THREATENING COMMUNICATIONS"

Intended to deal with threats of serious harm and threats which incite religious hatred.
The offence covers:

Threats of serious harm intended to cause fear and alarm, or reckless as to whether they do. This includes implied threats (e.g. the posting of bullets or images depicting serious harm). Threats intended to incite religious hatred. It is a defence that the behaviour was in the situation "reasonable". This is intended to exclude artistic performance etc. Maximum penalty of 5 years in prison and an unlimited fine.

The offence will NOT:

Stop peaceful preaching or proselytising. Restrict freedom of speech including the right to criticise or comment on religion or non-religious beliefs, even in harsh terms. Criminalise jokes and satire about religion or non-religious belief.

Scottish Government’s controversial Sectarian Offences Bill to tackle Homophobic crimes, possibly songs of sex with sheep says QC Paul McBride

The debate on the highly controversial Offensive Behaviour at Football and Threatening Communications (Scotland) Bill which aims to tackle acts committed at Football matches in Scotland and ‘threatening communications’ on the internet has taken a new twist with claims in a televised debate from famous QC Paul McBride the legislation will also tackle homophobic crimes, and, in response to points raised by a former Law Society President, songs relating to football fans seeking sexual relationships with animals.

Ian Smart, solicitor & former President of the Law Society of Scotland asked Mr McBride for a practical example of an act which will be criminalised by the new bill which is not already a crime covered by current legislation. Mr Smart remained unconvinced after responses from Mr McBride who gave the example of homophobic abuse involving Paul Hartley for Hearts, where someone was alleged to have shouted homophobic remarks from the crowd, were prosecuted for breach of the peace and the court held it was not a breach of the peace under current legislation,.

Mr McBride said the bill would cover sectarianism, homophobia and other forms of …. its offensive behaviour … it defines offensive behaviour sectarianism, homophobic behaviour and other types of behaviour involving racism, that's quite clear to most people. Mr McBride went onto say Breach of the Peace was being constrained & defined by the courts.

When asked about the clause in the bill regarding “intersexuality”, Mr McBride said the clause was designed to deal “with attacking people’s sexual orientation in a vile way…”. Ian Smart in response used an example of where Aberdeen fans are used to being serenaded with songs suggesting ‘sexual relations with a sheep’, and asked if those songs were to be criminalised too. Mr McBride said it was a possibility… (Mind the sheep then ! – Ed)

Is it sectarian or homophobic legislation ? Ian Smart & Paul McBride debate Offensive behaviour at football matches in Scotland. (Click image below to view video)

The section of THE BILL dealing with “intersexuality” as highlighted in the above interview, refers to the interpretation of what is to be classed as “offensive behaviour” :

(3)  In section 1(4)—
(a)  “disability” means physical or mental impairment of any kind,
(b)  “transgender identity” means any of the following—
(i)  transvestism,
(ii)  transsexualism,
(iii)  intersexuality,
(iv)  having, by virtue of the Gender Recognition Act 2004 (c.7), changed
gender,
(v)  any other gender identity that is not standard male or female gender identity.

(So, if I read this right, only R2D2 could be subject to offensive behaviour at a football match, unless it claims a gender at some stage … heck I might have committed an offence just saying that much ! – Ed)

Asked about whether the bill would deal with homophobic offences, a Scottish Government spokesman speaking to one of our reporters on the subject of Mr McBride’s remarks, said : “On the Paul McBride comments, absolutely. The offensive behaviour bill relates to all forms of hatred. Any behaviour which is threatening, which would be offensive to any reasonable person, or which expresses or incites religious, racial or other forms of hatred can result in a conviction of up to five years in prison under the proposed new legislation.”

The Scottish Government’s Press Release on the bill, from earlier this week stated :

Tough new laws on sectarian and offensive behaviour
Bigots will face five year jail terms

Tough new laws to crack down on sectarian and other forms of hatred in Scotland should be in place in time for the new football season after Ministers introduced a draft Bill to the Scottish Parliament.

The legislation seeks to create two new offences relating to offensive behaviour that can incite religious, racial or other forms of hatred, in and around football grounds and on the internet.

If approved, the ‘Offensive Behaviour at Football and Threatening Communications (Scotland) Bill’, will mean bigots will face up to five years in prison upon conviction and the possibility of a football banning order.

The Bill is being fast-tracked through the parliamentary process to ensure the new powers are in place in time for the new football season.

The Minister responsible for tackling sectarianism, Minister for Community Safety and Legal Affairs Roseanna Cunningham said: “Racism, bigotry and sectarianism are not welcome in Scotland, it is totally unacceptable, and those who perpetuate this hatred will be punished through the full force of the law. These new laws will send out a clear message that there is no place for bigots in a modern-day Scotland. 

“From the start of the new season, anyone who peddles sectarian hatred - in any football stadium in Scotland, on the way to or from a game, or hiding behind a computer screen - could now face up to five years in jail. The events of last season were unprecedented and they need to be met with an unprecedented response. Actions which are threatening, offensive and which incite hatred and public disorder simply cannot be allowed to happen again. That is why this Government is taking decisive and immediate action to ensure law enforcement agencies have the additional tools in their armoury to crack down upon these individuals with full force.”

”However, clearly laws alone won’t solve this problem and convictions should be the last resort. We need a wholesale change in attitudes amongst those who spout offensive or threatening rhetoric in the name of football. And these new laws need to be supplemented by a united effort on behalf of all involved in football, from the football clubs, fans, police, government, and the football authorities. That is why the Joint Action Group is working to deliver upon the eight commitments agreed at the Football Summit in March.  Along with the Bill, this will bring about real and lasting change. This legislation is just the start, we are in this for the long term, and we will not hesitate to bring forward further action over the five year parliamentary term if required.”

“If we are to rid Scotland of sectarianism, we need to come together as a country and I hope that MSPs from all sides will support this Bill as it progresses through the parliamentary process. Sectarianism has huge consequences for individuals who are threatened, major consequences for communities, and it undermines the very fabric of a Scotland that we want to be tolerant, respectful and forward looking. Sectarianism is a hate crime, it has got to stop, and it will stop.”

Roseanna Cunningham told the Scottish Parliament’s Justice Committee making the sign of the cross & singing God Save the Queen might also be sectarian offences (Click image below to view video)

After Ms Cunningham’s appearance before the Justice Committee on Tuesday, and Scotland’s Lord Advocate Frank Mulholland clarifying which songs wont be sectarian the following day, the bill which was to be rushed through in two weeks has now been delayed for six months, clarified in an announcement from the First Minister Alex Salmond during a statement to the Scottish Parliament.

Background

The Bill provides for two new offences: Offensive Behaviour related to football and Threatening Communications.

“OFFENSIVE BEHAVIOUR”

Intended to deal with sectarian and other offensive chanting and threatening behaviour likely to cause public disorder.  The offence covers behaviour likely to lead to public disorder:
*    Expressing or inciting religious, racial or other forms of hatred.
*    Threatening behaviour or behaviour which would be Offensive to any reasonable person
*    Covers behaviour at and on the way to or from a “regulated football match”, which includes league, European and international matches. 
*    Definition based on football banning orders (FBO) legislation, which means there is the potential for an FBO to be imposed in every case.
*    Also covers anywhere a match is being broadcast in a public place, and travel to and from such places.
*    Covers a wide range of behaviours with appropriate penalties up to a maximum of 5 years in prison and an unlimited fine.

OFFENCE B – “THREATENING COMMUNICATIONS”

Intended to deal with threats of serious harm and threats which incite religious hatred. 
The offence covers:
*    Threats of serious harm intended to cause fear and alarm, or reckless as to whether they do.  This includes implied threats (e.g. the posting of bullets or images depicting serious harm).
*    Threats intended to incite religious hatred.
*    It is a defence that the behaviour was in the situation “reasonable”. This is intended to exclude artistic performance etc.
*   Maximum penalty of 5 years in prison and an unlimited fine.

The offence will NOT:
*    Stop peaceful preaching or proselytising.
*    Restrict freedom of speech including the right to criticise or comment on religion or non-religious beliefs, even in harsh terms.
*    Criminalise jokes and satire about religion or non-religious belief.

A copy of the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill can be found HERE

The Scottish Parliament’s Justice Committee is seeking views on the Offensive Behaviour at Football and Threatening Communications (Scotland) Bill.

The Bill was introduced to the Scottish Parliament on 16 June 2011 and was subsequently agreed to be considered as an emergency Bill. Because of this expedited procedure, the Justice Committee issued a call for written evidence on 16 June and took oral evidence at meetings on Tuesday 21 June and Wednesday 22 June in order to help inform the Bill’s consideration by the Parliament. After its Stage 1 debate on Thursday 23 June, the First Minister announced that the Scottish Government would seek to extend the Bill's timetable (date to be confirmed) to allow further scrutiny by the Justice Committee. As there is now more time available for the Justice Committee to consider the Bill, the Convener has agreed to extend the call for written evidence to noon on Friday 26 August 2011.

The Committee is interested in the views of any organisations, bodies and individuals on the Bill’s proposals and their likely impact and about any issues that respondents consider may have been omitted from the Bill.

How to submit written evidence

It would be helpful for your submission to clearly highlight your views on the broad thrust of the policy proposals and to also flag up any particular areas of concern you may have.

Before making a submission, please read the Parliament’s policy on treatment of written evidence by subject and mandatory committees.

Written submissions should normally be limited to around 4 sides of A4 but, if they need to be much longer than this, they should be accompanied by a short summary of the main points.  Submissions should be set out in numbered paragraphs.  Where the submission refers to existing published material, it is preferable to provide hyperlinks or full citations (rather than extensive extracts). The Committee welcomes written evidence in English, Gaelic or any other language.

The Committee prefers to receive written submissions electronically (preferably in Microsoft Word format). These should be sent by e-mail to: justice.committee@scottish.parliament.uk

However you may also make hard copy written submissions to: Justice Committee, Room TG.01,The Scottish Parliament, Edinburgh, EH99 1SP

Any queries about written submissions should be addressed in the first instance to the Justice Committee clerking team at the above e-mail address or on (0131) 348 5047.