Five-year jail sentence and unlimited fines for football fans singing bigoted songs to be law by next season Alex Salmond has been accused by church and legal figures of rushing through legislation to combat religious bigotry, including new offences such as using social media to spread sectarian hatred. The Scottish government has unveiled a bill that introduces a five-year maximum jail sentence and unlimited fines for football fans who sing bigoted songs on the terraces, or for anyone who uses the internet to incite religious hatred or sends threats such as live bullets by post. Salmond, the first minister, is determined to circumvent Holyrood’s lengthy scrutiny of legislation to turn the offensive behaviour at football and threatening communications (Scotland) bill into law for the beginning of the football season in late July. However, the Law Society of Scotland and the Church of Scotland, the largest protestant church in Scotland, warned that the powers were being unnecessarily rushed and risked being so badly framed they could be open to legal challenge. Their anxieties were shared by Labour and the Liberal Democrats, and the SNP convenor of Holyrood’s justice committee, Christine Grahame. They urged Salmond’s majority government to consider adding a “sunset clause” or review mechanism.to ensure Holyrood could re-examine the legislation after its introduction. Roseanna Cunningham, the community safety minister, said the push was needed because of the violence, bigotry and disorder both on and off the field that marred several Scottish Premier League matches last season, particularly those involving Celtic. The controversy escalated after parcel bombs were sent to Celtic’s manager, Neil Lennon, Paul McBride QC, his lawyer, an Irish republican group and Trish Godman, a prominent Labour MSP in March and April. Two men from north Ayrshire face prosecution for sending the devices. Both Lennon and Scotland’s Catholic leader, Cardinal Keith O’Brien, have been sent live bullets, allegedly by loyalist paramilitary groups in Northern Ireland. Cunningham said the events demanded immediate action. “There is no pot of fairy dust – I cannot sprinkle Scotland and have it change overnight, much as I would wish that to be the case,” she said. “But what we do have, as a society, to do is to address it, stop tolerating it – I think that has been one of the problems in Scotland. It shames us and it shames us in the eyes of the world and we have begun to see that and understand that and and it is time we really began to tackle it.” The powers would give police and prosecutors greater flexibility to combat sectarianism, she said. Current definitions of breach of the peace were now so narrow they could exclude bigotry chants at football matches. The Right Rev David Arnott, the moderator of the general assembly of the Church of Scotland, the ruling body, warned Cunningham earlier this week that the church was “nervous” about the very limited amount of parliamentary and legal scrutiny. Arnott said sectarianism was a wider social and cultural problem that needed much more wide-ranging and sophisticated action. “The speed at which [the bill] is being rushed through means it appears to lack scrutiny and clarity. The government is rightly asking for support from across civic Scotland, but is not giving civic Scotland much time to make sure they are happy with the content,” he said. Cameron Ritchie, president of the Law Society of Scotland, said the urgency breached an agreement supported by all parties in 2004 that new legislation had to be properly scrutinised. “If this legislation is passed it should be subject to early post-legislative review to ensure that it is working effectively,” he said. Bill McVicar, convener of the society’s criminal law committee said: “Without this consultation there is the risk that the legislation … does not meet its objective or is inconsistent with existing law, making it unworkable. It could also result in legislation that is open to successful challenge.” James Kelly, Labour’s justice spokesman, said: “If we rush this legislation through at breakneck speed without proper scrutiny, there is a real danger that we will get something wrong.” The bill increases the maximum jail term for sectarian offences likely to undermine public order at or around football matches from six months to five years, and introduces broader definitions of sectarian breaches of the peace. Those powers will include pubs and clubs, alongside new offences of using the internet and the postal system to spread religious hatred or issue explicit or implied death threats using any communications system, including sending bullets through the post. The government added that the bill contained protections for legitimate artistic performance and would not stop peaceful preaching or “proselytising”, or restrict freedom of speech or criminalise jokes and satire about religious belief. Catholics in particular are targeted in Scotland by minority hardline protestant groups. Scotland Religion Alex Salmond Neil Lennon Celtic Scottish politics Scottish Premier League Severin Carrell guardian.co.uk