Offensive Behaviour at Football and Threatening Communications (Scotland) Bill (Stage 2 Report)

Part of the debate – in the Scottish Parliament at on 3 November 2011.

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Photo of James Kelly James Kelly Labour

No, I will not.

Section 38 of the Criminal Justice and Licensing (Scotland) Act 2010, which has only just come into force, deals with some of the gaps in breach of the peace law. Surely we should have taken time to reflect on the effect of that provision.

There are clear problems of clarity in the bill. Margo MacDonald gave an example of that. Christine Grahame put great faith in the Lord Advocate’s guidelines, but the bottom line is that they do not answer Margo MacDonald’s query. When I put questions about specific situations to the minister and the Lord Advocate in the committee, the answer was that it will be down to the police to decide. That is unfair. It is passing the buck and is not the correct way forward.

Roderick Campbell (North East Fife) (SNP) rose—