Football law: A Labour MSP has put forward plans to have the law scrapped. © STV

An academic has accused the Scottish Government of misrepresenting his views in a bid to boost support for keeping the Offensive Behaviour at Football Act.

Dr John Kelly has written a letter to Holyrood's justice committee saying he is "dismayed" after reading the devolved administration's submission to the body.

The committee is currently examining proposals from Labour MSP James Kelly to repeal and replace the law before the start of the 2018/19 football season.

Community safety minister Annabel Ewing included a quote from Dr Kelly as part of a list of people who supported "the legislation and its intentions" in 2011.


In the quote from 2011, Dr Kelly said he was "heartened" the word sectarianism was not part of the legislation.

In his letter to the committee, the academic said: "With regard to the recent justice committee evidence gathering relating to the Offensive Behaviour at Football and Threatening Communications (Repeal) (Scotland) Bill, I regret to note that the Scottish Government's minister for community safety and legal affairs has selectively quoted me as offering 'support for the legislation and its intentions' when this was not the case.

"To be unequivocal, I do not and have never supported this legislation as it stands."

He added: "I am dismayed that my words have been used out of context and selectively by the minister for community safety andlegal affairs to evidence academic support for the bill."

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Dr Kelly says the quote in question shows him only commenting on an "isolated" part of the legislation, not the then-proposed law as a whole.

A spokeswoman for the Scottish Government said: "The quotes in the Scottish Government's submission highlight there was support for the principle of legislation to tackle unacceptable conduct at football in 2011.


"We fully recognise that some of those quoted do not support the legislation as it has been implemented - this is clearly stated in the submission to ensure that no-one's current position is misrepresented.

"We welcome discussion with all stakeholders on how any concerns with the act can be addressed to ensure supporters continue to be protected from abusive and threatening behaviour."

Other people quoted as supporting the legislation include the Celtic chief executive Peter Lawwell, who has repeatedly called for the act to be repealed since it was passed in 2011.

Protest: The Act has been subject to protests from some football fans. / SNS Group/Resized/Cropped

After quoting the individuals, Ewing adds: "Whilst some of these individuals and organisations may not fully support how the legislation has been operating since it was introduced, it is clear that there was support for specific legislation to tackle the issue of offensive behaviour at football and therefore reviewing and, if required, amending the legislation would be a more sensible way forward than repeal."

Labour MSP James Kelly said: "This underlines just how desperate the SNP has been to defend a poorly drafted piece of legislation that has been branded mince by judges and has broken down trust between fans and police.

"They should apologise to Dr Kelly and withdraw his quote from their evidence submission."