Open Letter to Superintendent McAllister of Football Coordination Unit Scotland

Fans Against Criminalisation

c/o Celtic Trust

PO Box 2066

Glasgow G32 2AX

 

Superintendent Stephen McAllister
Football Coordination Unit Scotland
Police Service of Scotland
 

9 May 2013

Dear Superintendent McAllister

We write to draw your attention to a possible infringement of the Offensive Behaviour at Football and Threatening Communications (Scotland) 2012 Act.  You may well have seen press reports of an unpleasant incident which took place in a bar in Edinburgh on the evening of Wednesday 1^st May 2013.  The incident involved a person who was clearly under the influence of alcohol being extremely abusive to two other persons who were in the bar at the same time.  We understand that the aggressor and the victims were both members of opposing organisations, cultural or political groups you might say, who have very deep-seated antipathies to one another and who regularly engage in slanging matches in public, often to the deep distress of ordinary members of the public.

You may also be aware that on the evening in question there was a Champions’ League fixture between Barcelona FC and Bayern Munich which was being shown live on television.  Indeed we are also led to believe that the game in question was being shown in the venue at which the aforementioned verbal attack took place. 

We are sure that you are very familiar with the provisions of the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012 – given that your Unit has been funded to the tune of £1.8 million over the last two years it would be rather remiss of you if you were not.  However, at the risk of teaching our granny to suck eggs, we refer you to Section 1 of the Act which states that:

‘A person commits an offence if, in relation to a regulated football match—

(a) the person engages in behaviour of a kind described in subsection (2), and
(b) the behaviour—
(i) is likely to incite public disorder, or
(ii) would be likely to incite public disorder.’

Section 1(2)e of the Act, indicates that the behaviour referred to could be, among other things:

‘other behaviour that a reasonable person would be likely to consider offensive.’

Section 2(3) of the Act further states:

‘The references in subsection (2)(a) and (b) to a regulated football match include a reference to any place (other than domestic premises) at which such a match is televised; and, in the case of such a place, the references in subsection (2)(a) and (b) to the ground where the regulated football match is being held are to be taken to be references to that place.’

In all the circumstances, it would appear to us, that the behaviour to which we wish to draw your attention, could clearly be construed as ‘behaviour that a reasonable person would be likely to consider offensive’; it took place while a regulated football match was being shown and therefore meets the terms of Section 2(3) as outlined above; and, under Section 1b(ii), outlined above, ‘would be likely to incite public disorder’.  Heaven forfend, if large members of their respective organisations had been present, an almighty rammy could have ensued!

We are unaware if any of your officers were present at the incident but we hope not as, by their own evidence in courts up and down the country, they are known to be rather sensitive by nature and very likely to be offended by events such as those described here.

If you require further details of the incident you will find it at this internet link:

http://www.thecourier.co.uk/news/politics/msp-roseanna-cunningham-faces-no-censure-after-evil-tories-rant-1.90469?utm_medium=twitter&utm_source=twitterfeed

We look forward to hearing that you are pursuing Ms Cunningham with all your newly acquired powers and that her case will make its way through the judicial system with the same degree of inconvenience to her as young football fans suffer on a regular basis.  We are not aware that you can impose a public house banning order on anyone but it would seem to be a good idea in cases like this.  Can we suggest that you consult with someone in the Scottish Government about adding this in to the legislation?  You could have a chat with the Minister for Community Safety and Legal Affairs for instance?  Then again, perhaps not...

We look forward to your early response to our comments on this very serious matter.

Yours sincerely

(original signed on behalf of the organising committee of FAC)

3rd report from Holyrood: this time Paul tells it as he saw it

This was the first time I had ever got involved in this type of activity. I got involved as I firmly believe the Act was totally unnecessary and brought into Law for no other reason than to 'even up' arrest figures. To me the view is self evident, and nothing I heard from the SNP MSPs that we met on the day changed it.

The day started off with the group being met by two of Strathclyde's finest in George Square who informed everyone, very calmly, that they knew who we were,where we were oing, and indeed, when we were coming back. Well done Sherlock...you can obviously read a Twitter feed! This ludicrous and pathetic attempt at some sort of Plod intimidation was not lost on the group and I sensed it only increased our determination to have this Act overturned.

 

When we arrived at Holyrood, there they were again. Watching every move we made as we made our way inside. Everyone I talked to within the group kept asking, 'what do they expect us to do?' No one had any idea!

 

We then watched the Justice Committee, by CCTV, debate whether a review of the Act should be brought forward/  entually, the Committee decided to write to the Chief Constable, the Lord Advocate and the Scottish Police Authority and then review the issue further. My abiding memory of the discussion was the SNP members trying to disassociate the kettling of the Green Brigade from the Act and its review. Incredible! Complete nonsense!

 

After this was over we had the pleasure of speaking with SNP MSPs John Mason and James Dornan. Apparently the latter is a Celtic fan.

 

Could they give us arrest figures? - No

Could they tell us how this Act reduces anti Irish racism? - No

Could they define sectarianism? - No

Could they tell us how the Act helps reduce sectarianism? - No

Could they explain why fans were being arrested coming off a

Holiday flight? - No

Could they tell us how this Act would help to stop the recent attacks

on Neil Lennon? - No

..and so on.

 

Never I have seen two gentlemen as uncomfortable as Messer's Mason and Dornan.

 

After one of the FAC members told everyone of his experience of having the Police show up at his door at 6am to arrest him for swearing I detected a change in attitude from the SNP MSPs.

 

Indeed at the end of the meeting Mr Mason said he would support the review being brought forward.

 

My impression is that they know the game is up and are looking for a way out to save face. If we keep up the pressure, I am convinced the Act will be overturned and overturned soon.

 

It is clear we have the support of many MSPs and it was good to hear Johann Lamont speak and give us her support.

 

I would encourage all fans to support the FAC in any way they can.Victory is not far away!

Second report from Holyrood: an optimistic view from Fran

Fans Against Criminalisation organised a visit to Holyrood yesterday to coincide with the meeting of the Justice Committee, regarding the effectiveness of the Offensive Behaviour and Threatening Communications Act, since its introduction in January 2012.

Before we’d even left Glasgow, we received a ‘friendly’ visit from the Police to advise that they were aware of our plans, and that they would be waiting for us upon our return to Glasgow.

When we arrived at Holyrood I became aware of the high police presence but didn’t think this was unusual as we were in the surroundings of the Parliament. Once we got inside the building though, we were advised by Siobhan McMahon that the police presence was virtually unheard of.

We were then taken through to a room so we could watch the Justice Committee’s discussion on the bill. During this discussion opposition MSPs called for the review of the Bill, currently scheduled for 2015, to be brought forward due to concerns raised by the public of heavy handed policing and disproportionate targeting of football fans.

After watching the meeting, we were then joined by 2 SNP MSPs, James Dornan and John Mason, and a number of opposition MSPs. A discussion took place on how the Bill is needlessly criminalising football fans and why it has to be reviewed at the earliest opportunity. As to be expected, the majority of the questions and points were directed at the SNP MSPs.

It soon became clear that even the SNP MSPs were confused regarding the Bill as they contradicted each other on why the bill was introduced. Confusion seems to be a common theme regarding the Bill and is constant across fans, the police and politicians. This indicates that the Bill needs to be reviewed at the earliest opportunity.

As the discussion progressed, James Dornan and John Mason became increasingly uncomfortable as the Celtic fans present aired their viewpoints on why the Bill is completely unnecessary and demanded that it be reviewed as soon as possible.

John Mason conceded that he agreed that the review date needed to be brought forward and stated that he would be willing to say this publically.

The pressure exerted on politicians since the events on March 16 is causing the SNP cause for concern. They are now aware that the depth of feeling on the issue from the Celtic support is going to cost them votes. The SNP’s current position that the Bill will only be reviewed in 2015 will become untenable as long as we keep up the pressure.

Yesterday’s meeting was very productive and has strengthened my feelings that we are going to be able to get the Bill scrapped.

First of a series of reports from Holyrood - here Martin gives his take on the day

On Tuesday, I attended the Scottish Parliament with other members of Fans Against Criminalisation. This trip to Edinburgh coincided with the day that the justice committee were due to discuss the Offensive Behaviour at Football and Threatening Communications Act - or the 'anti-football act' as it's become known to some.

 

This was my second trip to the Parliament in recent years, the first being with FAC in December 2011. The purpose of that trip was to voice our displeasure at this bill as we believed it unfairly criminalised football fans, and felt that Celtic fans in particular would suffer from this. As we all know, our fears have been realised; and then some.

As a result, I wasn't really sure what to expect this time around. However, I have to say I am feeling a lot more optimistic now. As the two SNP MSP's answered questions and got involved in a lively debate with FAC members both young and old(er), I was taken aback and encouraged at how this campaign seems to be effecting them. They looked extremely uneasy, they contradicted one another and on occasion, didn't make much sense. It was quite intriguing watching them shift uncomfortably as articulate working class men and women pressurised them in a calm manner over this poorly-scribbled piece of legislation.

They were made aware, in no uncertain terms, that we will continue to fight this and it is imperative that we, the Celtic support, do just that until this Act is thrown out.

Here the FAC report into the policing of the Green Brigade corteo on 16/3/13 (based on witness statements collected by FAC) is handed over to the Shadow Justice Secretary, Lewis Macdonald MSP.

FAC goes to Hollyrood!

 

Details for the protest at the Scottish Parliament on Tuesday 23rd April 2013

Transport arrangements

Transport has been organised for those who want to take part in the protest at the
Scottish Parliament on Tuesday 23rd April 2013.

A bus will leave from George Square at 9am that day and will return shortly after
1pm. The protest will take place partly outside and then we will be invited inside
by opposition MSPs who are opposed to the Act, for some discussions.

We intend to present a report based on witness statements from people who were
present in the Gallowgate on 16th of March.

If you wish to travel with us on the day could you please email FAC at fansagainstcriminalisation@gmail.com by Friday of this week. Also, if you are
from other parts of the country and intend to make your own way to Edinburgh,
 could you let us know so that we can have a reasonable idea of how many are
intending to take part in the protest.

Please circulate these details as widely as possible.

Unity is strength!

Rally Podcast and email campaign

Thanks to the efforts of the Carluke Shamrock CSC we now have a recording of all the speakers at the massively successful FAC rally on Saturday 6th April 2013.

For all those who couldn't make it on the day, and for all those who couldn't hear it, you now have the chance to listen again!

For those of you in a hurry, the speeches start about 21 minutes in!

https://itunes.apple.com/gb/podcast/hail-hail-media/id463226675#

You will hear Jeanette Findlay referring to a template email which you can send to  your MSP asking for an inquiry into the police action in the Gallowgate on 16th March.  The automated system is up and running so please go to:

https://www.celtictrust.net/index.php?func=d_home_msps

fill in your postcode and your address and emails will be sent to all your MSPs.  Get your family, your friends and workmates to do it too!

Lets harass them the way they harass us!

Jeanette Findlay speech at FAC rally, George Square, 6 April

It is absolutely fantastic to see so many of you here today, men, women, weans, teenagers – all part of the real Celtic family and all here to say no to police harassment and no to criminalisation of football fans.

I stood here 18 months ago – well not here, I was actually hanging off that statue over there – and I talked about the Offensive Behaviour Bill which is now an Act and into its second year of operation.  I talked about all the people whose interest it suited at the time – Alex Salmond, trying to get elected for a second term and thinking he would use us to get one over on the opposition;  Stephen House, then Chief Constable of Strathclyde Police – gone but not dearly departed – who was looking at having his budgets cut in a period of recession and who was thinking of climbing the greasy pole into the top job with the Police Service of Scotland:  He thought he would use us as well and it seems to have worked for him;  Lord Advocate Frank Mulholland, new into the job and looking to show his gratitude to his political masters.

I also talked about how we predicted that many people – mostly young people – would be arrested, hassled, threatened, dragged through the courts and generally have their jobs, their studies and their lives disrupted.  I can’t say that I am happy to confirm that everything that FAC predicted and warned about has come true.  I wish we had been wrong but we were not – in fact it is worse than we predicted.

Even we would not have envisaged what Celtic fans – and fans of other clubs – have had to suffer over the past year.  There is not another group in society – and I am including criminal gangs and drug dealers – who are subjected to the same level of surveillance; who are searched, scrutinised, photographed; videoed, monitored, vilified, arrested, and generally subjected to the most appalling and vindictive harassment and for what?  Not for acts of violence or disorder or anything like that.  But for wearing a t-shirt they don’t like; displaying a banner they don’t find funny; singing a song that makes them uncomfortable; holding views they don’t agree with; singing hymns, making the sign of the cross?  And where are all the civil liberties groups, the trades unions, the great lovers of the progressive cause?  Well apart from a few notable exceptions, they have been very quiet.  It pains me as a life-long trade unionist and a socialist to have to say this, but it is the truth.

I said at the beginning how fantastic it is to see you all here and it is: gathered in huge numbers as a community; side by side in solidarity with each other.  How different it was three weeks ago, less than a mile from here, when a small group of Celtic supporters of all ages, gathered in a simple, peaceful protest showing solidarity with all of their fellow supporters who are currently banned from Celtic Park as part of bail conditions  or in what the PLC like to call ‘precautionary suspensions’.  The level of brutality and sheer naked aggression which was meted out to people that day, shames this police force, shames this government and shames this country.  What kind of country takes a law-abiding group of people and turns them into criminals?  What kind of legal system, takes young people who are interested in politics and makes them hate the police and despise politicians.  This is dangerous and all citizens, not just football fans, should be concerned.

But you have shown them here today:  if you try to beat us off the streets then we will keep coming back in bigger and bigger numbers until you don’t have enough truncheons and horses and dogs to keep us down, and you don’t have enough bodies to kettle and constrain us.  Yet terrible as it was, what happened three weeks ago was no more than a spike in the relentless day after day, week in week out, harassment and bullying which has now become part and parcel of being a football supporter.

That is why we all have to play our part in opposing this Act and opposing the police and criminal justice system in this country and to keep on doing so until the Act is removed from the statue books and the police are brought under control; made to get on with catching criminals and leave football fans alone.

For that reason our efforts can’t end here today.  When you get home tonight – whenever that might be, cause you might have some celebrating to do at quarter to five – think about what you can do to support this cause.

Do you have evidence about what happened in the Gallowgate three weeks ago?  Well go to the Celtic Trust website and you will find an online witness collection form.

Have you been charged under the Act?  Well contact FAC and give us all the details to strengthen our case when the Act comes up for Review.

Do you want the police force held to account for their actions three weeks ago?  Well go to the Trust website and you will find a template email which you can send to your MSP – all you need to do is fill in your postcode and a few simple details and emails will be sent to all your representatives in the Scottish Parliament.  Let’s bombard them day in and day out; let’s harass them the way they harass us; let’s make their lives as difficult as they have made ours and keep doing it till they stop.

Join us on our demonstration outside the Scottish Parliament on the 24^th of April when we hand in a petition calling for an inquiry into what happened on the Gallowgate.  Fill in the online petition which will become live on the Scottish Parliament website very soon.

So I want to thank you all again for turning out here today and for all the other things you have done to show solidarity with each other. Most of you probably know by now that our request to the Council and to the Police to be allowed to go en masse and in good order and safety to Celtic Park today was turned down.  So can I ask you all to make your way to the game – or wherever else you may be going  - with your head held up and in the peaceful and friendly manner for which we are known and welcomed all round the world.  

And remember this: supporting your team is not a crime – so let’s hear that belted out today when the teams come on the park, and let’s make sure in the coming weeks and months  that the same message is heard loud and clear by Alex Salmond and his government  and by Stephen House:  Supporting your team is not a crime.  Hail Hail!