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A Bill That Shames Scotland

Tuesday, 21st June 2011

Here's a clue for politicians: when you're asked if you've just criminalised the national anthem and all you can do is say "Er, maybe, it all kinda depends on the circumstances" the chances are you've produced a bill that tests even the patient, hard-to-exhaust, limits of parliamentary absurdity and you should probably put it through the shredder and start again. If, that is, you should even be legislating in these matters at all.

We do things differently in Scotia New and Braw, don't you know? So today the Scottish Parliament's Justice Committee took evidence on the government's planned and loopy and shameful and illiberal Offensive Behaviour at Football and Threatening Communications (Scotland) Act (the text of which may be contemplated here) and, yup, Roseanna Cunningham (the poor fish lumbered with this disaster) was left to look a prize fool:

When asked by John Lamont, the Tory justice spokesman, if singing God Save the Queen could lead to a jail term, she replied: "The glib answer would be 'no' but it depends on the circumstances."

Cunningham, a practising Catholic, said: "I have seen hundreds of Celtic fans making the sign of the cross in what can only be described as an aggressive manner at Rangers fans. Making the sign of the cross is not, in itself, offensive but it all depends on the circumstances."

The offensive behaviour at football and threatening communications at football (Scotland) bill covers all types of media, including social networking sites, Twitter, bulletin boards, T-shirts, posters and graffiti. "Arguably, if somebody tattoos a death threat all over their body, then it's falling within the ambit of this legislation," she said.

This was not, understand, a politician making the case against her bill; it was the bloody thing's sponsor! Now it may not come to this. Much will depend upon the police and the procurator fiscal behaving more sensibly than anyone has any right to expect. Nevertheless and in the absence, alas, of a backbench revolt on the SNP benches, this is a wicked bill that shames Scotland vastly more than the behaviour it is designed to address (and much of which - the issuing of death threats, for instance - is already frowned-upon). Parliamentary majorities are depressing things.

Ironists will also be pleased to discover that the SNP - those doughty worthies hellbent on preserving the structural and intellectual distinctiveness of the Caledonian legal canon - insist this bill is needed to bring Scotland into line with the situation as it presently exists in England. This is droll, not least since the nationalists opposed passage of the (slightly) comparable English bill when it was presented before Westminster all those many (ie, five) years ago. Then there was much concern that an English bill's tentacles might creep over the border; now it's a sign that no-one should be troubled by this latest bill.

To recap, it is really quite difficult to craft a bill that permits the lusty singing of Flower of Scotland but prohibits a rendition of the Sash. More to the point, the legislation indulges the very people it targets since Glasgow (to use a useful shorthand) does not lack for football fans with grievances. Victimhood is the city's second-favourite sport and the men who clog the intertube and radio phone-ins will rededicate themselves to proving just how ghastly and law-breaking the other mob are. What joy! These complaints - and there will be many of them - will doubtless require investigation and lo this too will prove a waste of time, effort and money.

The bill is, admittedly, narrower than some reports have suggested it would be. Nevertheless it is not very narrow since it includes "other behaviour that a reasonable person would be likely to consider offensive" and this, again, is a catch-all clause that further indulges idiocy not least since, almost by definition, football inspires passions that many people consider wholly unreasonable.

It is already the case that you may be charged a breach of the peace that is "religiously aggravated". There was a case this year that failed when a Sheriff ruled that IRA songs of the type much-favoured by elements within the Celtic fanbase were acceptable - legally speaking - since the IRA was a "republican military organisation" and not "sectarian in intent". Broadly speaking, this seems reasonable to me not least since that organisation took a murderously ecumenical approach to its victims and I certainly don't think that singing these songs should be illegal. But if this remains the case then the new bill is stranger still since, I suspect, we will end up with lists of ancient battles about which it is just about permissable to sing and a proscribed list of songs and battles which must never, on pain of arrest, be mentioned.

This being so we're headed down the rabbit-hole and this is before one even considers the implications of singing one set of words to a tune more often associated with supposedly-sectarian or "political" songs (examples could be the two sets of lyrics to the tune of The Boys of the Old Brigade or God Bless the Prince of Wales - more often heard as Derry's Walls). In each case the "innocent" words could surely be sung to the "offensive" tune knowing that all concerned will "understand" the real "meaning" of the "stirring-up". Again, Celtic and Rangers supporters do not lack for creativity in these matters.)

More importantly, restrictions on speech are dangerous things to be imposed so lightly or without serious consideration. This does not, you will note, seem to matter at Holyrood and it is beyond depressing that so few of our parliamentarians appear to care even half a jot about these matters.

We're assured that context matters and that the police and courts can be trusted to implement everything sensibly but wouldn't it be more reassuring not to have to worry about any of this at all? You and I would know that a (hypothetical!) Partick Thistle song* that went "We hate Roman Catholics/We hate Protestants too/We hate Jews and Muslims/Partick Thistle we love you" would be but a gentle reflection on Glasgow's football crazies but there'd bound to be someone upset by it and just as likely that their "concerns" would be treated sympathetically.

Nor does it end there. The mere singing of songs - in a football ground, on a train, in a public house - is even if criminalised a victimless crime. (It may lead to other breaches of the peace and, indeed, injury but that's a different matter.) As a rule, victimless crimes ought not to be crimes. Of course, there are times when these breaches of the peace may be covered by existing legislation; that's all the more reason to throw out this ill-considered piece of Something Must Be Done foolishness.

Furthermore, the proposed bill claims universal jurisdiction and threatens imprisonment for anyone guilty of breaching its terms no matter where in the world they may be. Well! Good luck getting the American courts to agree to this. Effectively, then, Scots abroad who sing sectarian songs (however these be defined) are to be considered a menace comparable to sex tourists guilty of exploiting children overseas. Few other statutes carry this kind of universal sanction regardless of local laws and customs.

This is justified by some on the grounds that said football supporters are somehow "representing" Scotland when furth of their native heath. Again, this is to exalt their status. What's more I reject this implied ownership or sense that the individual must be thought representative of the nation at large. Perhaps nationalists are comfortable with this kind of facile reductionism but they don't speak for all of us, far less have the right to insist upon speech crimes that break no local statute.

Offering special protections to football clubs and religion is, in the end, to give remarkable tolerance to two brands of superstitiion neither of which deserve to be inoculated in this fashion. As the great man put it "We must respect the other fellow's religion, but only in the sense and to the extent that we respect his theory that his wife is beautiful and his children smart." Mencken was right. The same call for manners might be extended to the other fellow's football club. But no more and certainly no further than that.

The whole thing is, to use the legal term, a fucking nonsense.

*Edited to clarify: this is a song imagined by Alastair Gray in his short story A Mouth Piece. I didn't intend to suggest (but did for some reason) that it's still part of the regular Maryhill repertoire. Sorry Jags fans.

Filed under: Football (86 more articles) , Freedom of speech (47 more articles) , Glasgow (10 more articles) , Holyrood (30 more articles) , O Tempora, O Mores (182 more articles) , Scotland (468 more articles) , Sectarianism (8 more articles) , SNP (195 more articles)

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David Farrer

June 21st, 2011 10:01pm Report this comment

"The whole thing is, to use the legal term, a fucking nonsense."

I agree. But I can't help wondering if that excellent legal term is one used by the Scottish Courts or by the UK Supreme Court...

andrew kerins

June 21st, 2011 10:35pm Report this comment

Like the Scottish government and parliament, Alex Massie is guilty of over-reaction.
Many people would agree that this bill is foolish but is it really 'wicked' ?
Football clubs can be accused of many things but calling them 'brands of superstition' is nonsense.
In all likelihood this bill, if it becomes law, will have a very limitted impact in the real world.
'Scottish/British politician tries quick-fix solution to chronic problem' is hardly a news story.

William

June 21st, 2011 10:50pm Report this comment

I agree, Alex. Yet this comes off the back of a season where the number of arrests at Rangers-Celtic matches was, as usual, minimal. Ah, but the police want to blame football clubs and fans for anything that happens hours after the event. It is absurd.

Assistant Chief Constable Corrigan was in the papers at the weekend admitting that he could not publicly state which songs would get you arrested. So the SNP are going to introduce a law that you won't know you're breaking until the police put you in jail for it. How despicable.

Mark Wright

June 21st, 2011 10:57pm Report this comment

With regards to the Partick Thistle song. I have been a season ticket holder at Firhill for 23 years now, and never have I heard such a song being sung by supporters. I find this rather offensive, to be dragged to the same depth as the morons in green and blue.
I only hope that you get all the facts in the future before you post such a vile claim.

Allan Heron

June 21st, 2011 11:21pm Report this comment

If Mr Massie is going to quote Partick Thistle songs it might help if he actually used songs that are sung or have been sung at Firhill. I've been following Thistle since 1968 and the song he refers to has never been heard by me. It would seem that the "whole thing" is not the only thing that is "a fucking nonsense"

Kris Strait

June 21st, 2011 11:28pm Report this comment

This nonsense is more suited to the Red Tops.

harry wragg

June 22nd, 2011 12:32am Report this comment

Your comment "the Partick Thistle song "We hate Roman Catholics/We hate Protestants too/We hate Jews and Muslims/Partick Thistle we love you" " is completely and factually WRONG. No such song has been sung by any Partick Thistle supporter in the 30+ years i have been following the Jags.
Typical ill-informed or unresearched rubbish from a so-called journalist looking for a 'sensational attention grabbing headline'.
Please get your facts right and remove this slur on the good name of Partick Thistle.

Baron

June 22nd, 2011 12:32am Report this comment

what Alex says, eloquently and persuasively, every word of it, down to the last two of the legal summation.

could the formidable Salmond be losing his touch?

Alex Massie

June 22nd, 2011 1:10am Report this comment

Jags Fans: my apologies. For some daft reason I took a line from an Alastair Gray short story and confused it with fact. Have amended the post to make this clear. My mistake.

Vince Jackson

June 22nd, 2011 1:29am Report this comment

I see a few of my fellow Thistle fans have also found this page.
I do not doubt your credentials as a writer, but I must inform you that you are misinformed about such vile songs ever being sung at Partick Thistle games. That sort of vile is used by perhaps those moronic knuckle-dragger's known as the Old Firm. But never would we allow such songs to be sung at Firhill, self-policing is a quality we hold dear.
Do not drag us to the murky depths along with the Old Firm, because I assure you that it is not the case!

fitalass

June 22nd, 2011 1:43am Report this comment

Alex, excellent article. We have at this moment the Laws in place to punish any criminal act performed in the name of sectarianism or any other cause or reason. We also have very beefed up terrorist laws in place for this very reason as well.

The fact that this ugly religious bigotry has raised its head again in Scotland is I suspect linked to the rise in temperatures across the waters in Northern Ireland. But this Bill isn't the answer, its not politicians we need, its support and funding for our police and anti terrorist units to be allowed to do their jobs under the laws that already exist without political interference! This bill takes man power away from this!

So instead of this appalling Bill, the SNP government in Holyrood would be far better funding and providing extra police to deal with this issue instead of playing politics to fill a current legislative vacuum at Holyrood!

Get John Swinney to revise his budget to meet this threat. Appallingly poor governance from a party that is dishing out daily demands to Westminster for autonomy on a range of issues while they seek to prohibit free speech in Scotland.

Like their ban on cigarette vending machines or the sale of alcohol/ciggis in supermarkets outside designated times. They seek to prohibit and punish the law abiding public along with those they wish to control.

Rab Cluvell

June 22nd, 2011 2:09am Report this comment

Two things. Firstly, I'm in favour of the Bill because a) I genuinely feel that the matter must be addressed. The clubs have failed and the football authorities have failed. It usually follows that if an industry cannot sort out its own affairs then the govvernment of the day will legislate. b) Failure to address this matter is simply not an option. It will persist. It may get worse. Secondly, I'm a Dundee fan and Dundee-based but I cannot ever recollect Partick fans singing anything like the verses of the song you mention in your piece.

Kennybhoy

June 22nd, 2011 8:58am Report this comment

Alex Massie on June 22nd, 2011 1:10am

Och Maister Massie if there is any justice this one will haunt you! lol

Jagsfan

June 22nd, 2011 9:07am Report this comment

What rubbish! I've been going to Firhill for over 40 years and I've NEVER heard the "Partick Thistle song".

boulay

June 22nd, 2011 9:16am Report this comment

will scottish rugby fans be rounded up for singing "flower of scotland" due to the aggressive delivery and hostile words towards the english when they next play at murrayfield?

Leon

June 22nd, 2011 10:47am Report this comment

Well what do you expect when politicians try to clean up the Old Firm nonsense. This tribal and childish garbage will never stop. There are plenty of laws covering this problem. Scotland's shame indeed.

DARREN GRAY

June 22nd, 2011 11:37am Report this comment

I take it you dont deal in facts? why let the truth get in the way of a good story? I have supported Partick Thistle for the last 20 years and NEVER have i heard the song you talk about.

Jess The Dog

June 22nd, 2011 12:57pm Report this comment

You know this is stupid when even Rangers fans are laughing at the idea of their opponents 'aggressive crossing'. The trouble is not sectarianism (try visiting Northern Ireland) or religion, but tribalist drunken thuggery that the police turn a blind eye to, because they can't cope with it. The riots in Manchester had nothing to do with sectarianism....I saw Rangers fans boozing in Waverley Station at 8am, with British Transport Police standing idly by. Try enforcing the laws that already exist on 'breach of the peace' rather than introducing this rubbish.

Jess The Dog

June 22nd, 2011 1:00pm Report this comment

The Partick Thistle song does exist, sung to the tune of Land Of Hope And Glory, but it is not sung by Thistle fans. I think it's a general obscene rugby or football song (with a racial insult in place of 'Muslim'), and I'm not sure if it is life imitating art or vice versa.

Gerry

June 22nd, 2011 1:06pm Report this comment

This new law will make Scottish society the laughing stock of the 'civilised world'

The law as I see it proposed is not sustainable.

The only people who needed new laws were egotistical poiticians and police.

Why were existing laws not simply enforced?

Roseanna Cunningham's performance yesterday was a complete embarrassment, she simply had no answers to the reasonable questions put to her.

If the SNP had any courage whatever they would pause for thought as they are have done some good things and are making a rod for their own back.

Considering everything that has happened in football to grab headlines by talking about 'blessing yourself aggressively' is truly beyond belief.

I have seen nazi salutes in football stadia with no police action but we are now to see 'aggressive blessing' a crime.

How stupid and smug did the senior policeman look, whist rubbing his hands at the free publicity and extra budget, saying 'if we stop one person singing one song the legislation will be worthwhile'-WHAT????

On that basis driving and alcohol should be completely banned given the number of lives lost every year.

We can never base any legislation on the basis that one person may change his/her mind on committing an 'illegal' act. And if that is a policemans earnest opinion he should be dismissed on the spot!

If only politicians and police could give their ego's a rest and employ some common sense, we would all be better off.

I'm not holding my breath though....

Gerry

June 22nd, 2011 1:28pm Report this comment

Alex, good of you to revise your opinion on the Partick Thistle song, but please dont beat yourself up over this.

Despite their ptotestations theyu may well be targeted by this new legislation.

To the same tune as 'We'll keep the red flag flying here'(I cant remember actual song title but I think its sung at labour party or union conferences)

The final sentence referring to the Pope and Queen would without doubt be indictable!

William

June 22nd, 2011 1:34pm Report this comment

'Aggressive crossing' does exist which is why clowns like Peter Grant and Artur Boruc did it and a genuine, devout Roman Catholic like Tommy Burns didn't. However, that doesn't mean someone should be arrested and charged over it. They just make themselves look foolish - that's punishment enough.

There are plenty of things used as provocation - remember the woman at the McVitie's factory who wanted to fly the Irish Tricolour as 'retaliation' for Union Jacks being flown for the Royal Wedding - but that doesn't mean such behaviour should be criminalised or that there isn't laws already in place to deal with those who cross the line.

There really is no place for this Bill at all.

Gordon McGuire

June 22nd, 2011 2:00pm Report this comment

A feature of being a Partick Thistle fan is that we are not Celtic or Rangers and we want to have nothing to do with religious bigotry. We are not part of "Scotlands shame" anything but.

Gerry

June 22nd, 2011 3:20pm Report this comment

Gordon, I posted earlier re Thistle.

Sorry to say you are simply incorrect and you have a romanticised view of your support.

Thistle support often sing offensively in relation to the Pope and Queen!

William

June 22nd, 2011 3:35pm Report this comment

It must have been different Partick Thistle fans that I remember racially abusing Basile Boli when he played for Rangers.

Brian Weds

June 22nd, 2011 3:50pm Report this comment

Absolutely spot on Alex. This piece of legislative nonsense will have the lawyers rubbing their hands with glee. All this because of a wee stooshie after the Celtic v Rangers Scottish Cup tie that Scotland's political great and the good decided needed a summit to let them bump their gums and now they feel they need to be seen to be 'dain sumthin'.
Best they could dae is leave well enough alone before they make even bigger numpties of themselves.

fifer

June 22nd, 2011 7:04pm Report this comment

Ah, this could be the most fun ever seen in a Scottish courtroom:

"you are charged that you did, knowingly and with malice aforethought, sing 'we hate Jimmy Hill, he's a poof'. And so did the 35,000 other Scotland supporters in the waiting room. How do you plead?"

This is a disaster waiting to happen.

eddie phillips

June 22nd, 2011 9:43pm Report this comment

Gazza mimicked playing the flute when playing for Rangers. Under this law would he have immediately been frog marched off the pitch, arrested and charged? Well??

Gianlucatoni

June 22nd, 2011 11:05pm Report this comment

I've been going to Firhill to see Partick Thistle since 1975 - NEVER either heard or sung the song to which Massie is referring - sheer fantasy from the author of the article.

Gordon McGuire

June 23rd, 2011 12:22am Report this comment

Gerry

You have your view and I have mine.

I S

June 23rd, 2011 1:46am Report this comment

Fifer - Brilliant. Thanks for the laugh. Was in Paris in '98 and saw a fan wearing a T-shirt with the slogan 'Nous detestons Jeemy Heel - il est un PD.' Fabulous.

Major Plonquer 1

June 23rd, 2011 3:00am Report this comment

The whole contentious issue of singing the national anthem in Scotland could be laid to rest once and all with one simple gesture. Instead of quibbling over whether 'God Save the Queen' or 'Flower of Scotland' is the true national anthem of Scotland, why not adopt an entirely new and far more accurate terpsichorean item to replace both. Why don't the Scots choose something more appropriate and more in line with the true Scots character.

Might I suggest they adopt that timeless classic 'Hey, Hey, We're the Monkees'.

Clear Memories

June 23rd, 2011 1:57pm Report this comment

Surely the obvious answer is to ban this obnoxious, corrupt so-called game.

Run by the corrupt, played by over-paid turnip heads and sex-mad savages and supported by the very dregs of society, its accelerated demise is surely long overdue.

tommyt

June 24th, 2011 5:11pm Report this comment

pains me to say at bu you are bang on here Alex.

If any Jags are still reading this the song you regularly sang was "Hullo Hullo how do you do, we hate the boys in royal blue, we hate the boys in white and green so f*ck your pope and f*ck your queen" PTFC made a big deal of banning people from singing it in 2007. Rightly so.

F I MacIllFhinnein

June 25th, 2011 1:16pm Report this comment

"I didn't intend to suggest (but did for some reason) that [this...song imagined by Alastair Gray] [is] still part of the regular Maryhill repertoire." Sadly, the editorial control isn't up to scratch here: there is no "still" about it, because this made-up song has never been sung, by Partick Thistle supporters or anyone else. "Have you stopped beating your wife YET, Alex?"

Stuart McDougall

June 26th, 2011 3:37am Report this comment

Alex, you say you have amended this article - But its obvious that you have made no attempt to correct your Partick Thistle error. Change it immediately.

jimmy

June 28th, 2011 7:52pm Report this comment

i've been going to firhill for 50 years and i've never heard anyone sing!

George

July 1st, 2011 8:47am Report this comment

Incredible. After reading all the posts above PTFC must have doubled their fanbase between the end of the season and the publishing of this article.

As for the bill, the SNP had to follow up on all the bilge they spouted on their re-election campaign and holding of the sectarian summit.

If i were to plant a union flag on the top of ben nevis, would that also be a sectarian summit under the new law?

charlie kirkwood

July 8th, 2011 1:06am Report this comment

I have been a Partick Thistle fan for 31 years and have never heard our fans sing Partick Thistle "We hate Roman Catholics/We hate Protestants too/We hate Jews and Muslims/Partick Thistle we love you"
I feel that some people should watch what they are writing as it may cause offence and slander the hole family image the the club has worked so hard over the years to build up! poor show.......

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