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Judge to examine Scotland's football law Judge to examine Scotland's football law
(35 minutes later)
The controversial Offensive Behaviour at Football Act is to be examined by a senior judge as part of a review of Scotland's hate crime laws.The controversial Offensive Behaviour at Football Act is to be examined by a senior judge as part of a review of Scotland's hate crime laws.
All four opposition parties at Holyrood want to repeal the football act.All four opposition parties at Holyrood want to repeal the football act.
But the Scottish government says it will not do so without a "viable alternative" being put in place.But the Scottish government says it will not do so without a "viable alternative" being put in place.
Lord Bracadale has now been asked by the government to ensure all of the country's hate crime legislation is fit for the 21st century.Lord Bracadale has now been asked by the government to ensure all of the country's hate crime legislation is fit for the 21st century.
His independent review will start on 30 January, and is expected to last up to 12 months - after which the judge will present his recommendations to the Scottish government.His independent review will start on 30 January, and is expected to last up to 12 months - after which the judge will present his recommendations to the Scottish government.
His remit is to consider whether existing laws are the the most effective way of dealing with criminal conduct motivated by hatred, malice, ill-will or prejudice.His remit is to consider whether existing laws are the the most effective way of dealing with criminal conduct motivated by hatred, malice, ill-will or prejudice.
It will consider the various hate crime offences currently covered by a range of different laws, including:It will consider the various hate crime offences currently covered by a range of different laws, including:
Announcing the review in the Scottish Parliament, Community Safety Minister Annabelle Ewing said Scotland was an "open and inclusive nation", but was not immune from the threat of racism, intolerance and prejudice.Announcing the review in the Scottish Parliament, Community Safety Minister Annabelle Ewing said Scotland was an "open and inclusive nation", but was not immune from the threat of racism, intolerance and prejudice.
She added: "While we already have robust and comprehensive laws in place, we need to make sure that legislation is up-to-date and able to counter all forms of hate crime.She added: "While we already have robust and comprehensive laws in place, we need to make sure that legislation is up-to-date and able to counter all forms of hate crime.
"This review will help ensure we have the right legislative protection in place to tackle hate crime wherever and whenever it happens. I look forward to Lord Bracadale presenting his findings.""This review will help ensure we have the right legislative protection in place to tackle hate crime wherever and whenever it happens. I look forward to Lord Bracadale presenting his findings."
Age and genderAge and gender
Lord Bracadale has been asked examine whether the scope of existing laws should be adjusted to reflect further aspects of religiously motivated offending.Lord Bracadale has been asked examine whether the scope of existing laws should be adjusted to reflect further aspects of religiously motivated offending.
He was also tasked with looking at whether new categories of hate crime should be created for characteristics such as age and gender, which are not currently covered.He was also tasked with looking at whether new categories of hate crime should be created for characteristics such as age and gender, which are not currently covered.
And he will be asked to examine whether the existing laws can be simplified, and whether any "gaps, anomalies and inconsistencies" can be addressed.And he will be asked to examine whether the existing laws can be simplified, and whether any "gaps, anomalies and inconsistencies" can be addressed.
Lord Bracadale said: "Hate crime legislation has developed intermittently over many years and it is important to consider whether it currently provides appropriate, effective and consistent protection for Scottish communities".Lord Bracadale said: "Hate crime legislation has developed intermittently over many years and it is important to consider whether it currently provides appropriate, effective and consistent protection for Scottish communities".
The review was welcomed by opposition politicians at Holyrood who handed the Scottish government a symbolic defeat over the Offensive Behaviour at Football Act in November. The review was welcomed by opposition politicians at Holyrood, who handed the Scottish government a symbolic defeat over the Offensive Behaviour at Football Act in November.
Conservative MSP Douglas Ross accused the Scottish government of "continuing to ignore the will of parliament" by refusing to scrap the act, which opponents claim is poorly written, unnecessary and unfairly targets football fans.Conservative MSP Douglas Ross accused the Scottish government of "continuing to ignore the will of parliament" by refusing to scrap the act, which opponents claim is poorly written, unnecessary and unfairly targets football fans.
Labour's Claire Baker said her party would engage with the review - but also said that the will of the parliament was for the act to be repealed. Labour's Claire Baker told Ms Ewing: "We do not share her view that there is no viable alternative and I believe the review will recognise this."
But Ms Ewing said that abolishing the act without a "viable alternative" being put in place would send out the wrong message that offensive behaviour was acceptable. Ms Ewing said the Scottish government recognised the concerns raised over the law but will not repeal it without a "viable alternative", saying: "Such a move would take away protection from some of our most vulnerable communities."
The majority SNP government passed the Offensive Behaviour at Football Act in 2012 as part of attempts to crack down on sectarianism and other anti-social behaviour at football matches.The majority SNP government passed the Offensive Behaviour at Football Act in 2012 as part of attempts to crack down on sectarianism and other anti-social behaviour at football matches.