Dissertation
- 1. Understanding Sectarianism in Football Does the Offensive Behaviour at Football and Threatening Communications Act criminalise young football supporters for non-sectarian crimes? Fraser Allan Cairns BA (Hons) Media, Culture & Society, 2015 School of Social & Health Sciences University of Abertay Dundee
- 2. 1 Table of Contents Acknowledgements 2 University of Abertay Permission to Copy 3 Abstract 4 Introduction 5 Literature Review 7 Methodology 17 Results 30 Discussion 40 Conclusion 44 Bibliography 46
- 3. 2 Acknowledgements I would like to thank everyone who has assisted with my research by filling out the survey for my methodology section. Special thanks must go to Marie McCusker, David Scott and Hugh Henry who all agreed to give me their time to help with a crucial part in research undertakings.
- 4. 3 Abertay University Permission To Copy Author: Title: Qualification: Date of Submission: * I agree that a copy may be made of the whole or any part of the above- mentioned project report without further reference to the undersigned or * A copy shall not be made of the whole or any part of the above mentioned project report without the written consent of the undersigned. (* Please strike out whichever does not apply) Signature: Address: Date:
- 5. 4 Abstract Scotland has been an interesting place to live over the course of the past few years. Having played our part in the London Olympics we then had the honour of hosting the Commonwealth games in 2014. When countries host such events it is ordinary practice to host an opening ceremony celebrating the host nation and all it stands for, what it means to its natives and in some cases playing up to the stereotypical ideas that other people have of that country. If silly, the portrayals are not to be negative. It would be unusual for a country to depict shameful areas of its history in one of these ceremonies. This is why on the night of the opening ceremony we witnessed the most extraordinary, unintentional but not unknowingly exhibits of the tribal rivalry between the Glasgow’s two football teams who are forever associated with the issue of, what some call Scotland’s shame, sectarianism. When Her Majesty The Queen entered and Celtic Park stood up to the national anthem and RAF smoke team flew over with the red white and blue anyone with an ounce of knowledge on the rivalry would have noticed what exactly was extraordinary about it. It would be easy to be surprised that there was no reported trouble on the night and if viewed in isolation and events that had large potential to cause public disorder and didn’t. It was hardly a talking point the next day expect in banter between rival fans which is why this research aims to provide insight in to why football is the context in which this rivalry is largely understood in Scotland.
- 6. 5 Introduction That night in Glasgow was extraordinary for the other reason that it happened at an event that, although hosted at Celtic Park, was out with the usual context in which you would expect there to be any talk of the Old Firm rivalry and sectarianism. Study of sectarianism in Scotland is virtually impossible to carry out without understanding why it is understood largely in the footballing context. This is why the claim from James McMillan in 1999 that Scotland is an endemically sectarian society seems odd as for that to be true it would surely just be reflected in football and football teams all over the country rather than being understood largely only in football. However, discussion of sectarianism in Scotland struggles to escape the relation to football and football supporters in particular that of the Old Firm. The view that football supporters are the only people involved is a view held my many and is reflected in the Offensive Behaviour at Football and Threatening Communications Act (OBFTC Act). Since its introduction of the act it has come under scrutiny for many reasons. Some critics believe that it restricts the civil liberties of football supporters and thus treats them unfairly to the wider population. It is my view that this is the case and furthermore, it is my view that young football supporters are the most vulnerable group within the larger group of football supporters. It is my first aim to find out if the act does criminalise football supporters for non-sectarian crimes more generally and highlight what the problems with this are. Of course,
- 7. 6 if this is the case then it does criminalise young football supporters for non- sectarian crimes by extension, however, the focus of my study is to find out the extent to which it could be said young people are vulnerable and highlight why it represents a misunderstanding of the issue to criminalise this group to try and eradicate the perceived issue of sectarianism.
- 8. 7 Literature Review To provide a satisfactory answer to the research question it is important to distinguish an accurate definition of sectarianism. This is problematic area in research undertakings due to the complexity of the issue and the wide range of differences in understanding of what sectarianism is. Typically sectarianism refers to divisions in religion. The Oxford definition for a sect is a group of people with somewhat different religious beliefs (typically regarded as heretical) from those of a larger group to which they belong so of course this applies to Protestants and Catholics. However, in Scotland sectarianism is often understood in the context of football and thus beliefs, traditions and values possessed by supporters of the Old Firm. In Scotland we have a charity dedicated to eradicating sectarianism called Nil by Mouth (NBM). They define sectarianism as follows: “Sectarianism in Scotland is typically related to Protestant/Catholic divisions but it is helpful to understand that sectarianism also occurs within other faiths and is a feature of religious intolerance. Although sectarianism is rooted in religion it is often linked to cultural, historical and political differences. It is frequently argued that in recent years this type of intolerance of others has little link with history or association with religion itself.” (Nilbymouth.org) This suggests that it always involves religion although it branches out to be division in other sections of society. It is, therefore, understood by them as
- 9. 8 more than simply a religious divide but a political divide too with class and national identity being commonly discussed aspects of the rivalry. A definition offered to us by Liechty and Clegg describe sectarianism in a similar way: “system of attitudes, actions, beliefs and structures at personal, communal and institutional levels, which always involves religion and typically involves the negative mixing of religion and politics.” (2001) This also suggests it is more than a religious issue, however, differs from Nil by Mouth’s view, as for Liecty and Clegg, religion is an essential factor whereas Nil by Mouth don’t see it as such but do accept it often stems from religion. Interestingly Nil by Mouth state that the link to religion present day can be low. This is a key point when discussing sectarianism and the same point is made by people who have been critical of NBM such as academic, Steve Bruce. However, Bruce argues that a declining religious link means the term use of the term sectarianism becomes inappropriate in the Scottish context as Steve Bruce et al (2004) define sectarianism in much simpler terms and state that by sectarianism, they mean discrimination against somebody in terms of their religion. (p.4) The complexity of the issue is reflected in the different definitions given to us in academic literature however it is clear that religion is the most important and most common factor. However the problem with defining sectarianism as anything more than a religious issue is that things such as nationalistic expressions can be wrongly linked to religion, and thereby, wrongly attributed to sectarianism. When answering the question in the title we are questioning whether or not the Offensive Behaviour and Threatening Communications Act
- 10. 9 criminalise young football supporters for non-sectarian crimes, we are analysing the extent to which the offense could be said to be religious offenses. It will be important to refer back to these definitions in subsequent research to see if the definitions given to us are accessible and accepted by members of the general public. This is why it is crucial to analyse the importance of religion in contemporary Scotland. In Sectarianism in Scotland Steve Bruce and his co-authors discuss the significance of religion in Scottish society and the extent to which of religious division might exist. Scotland does have a sectarian past which modern ideas of sectarianism stem from. Previous laws that restricted Catholics to vote, teach children and buy land among other things however the worst of sectarian natured laws were abolish in 1829 with the Emancipation Act. Catholics have previously been victims in a society that enforced laws of a sectarian nature of that there is no doubt, however, it does not exist in Scotland present day. The two jobs that are restricted to a Catholic are the Lord High Commissioner to the General Assembly of the Church of Scotland and the monarch. These restrictions are not Scottish in origin as they were made five years before the act of the Union. Bruce also notes that the Catholic encyclopaedia describes the former position as “an office which no Catholic, of course, would desire to hold.” When suggestions were made to amend the act by Scottish Secretary Michael Forsyth in 1999 the Catholic Church were not active in pressing the government to change the act suggesting that generally the Catholic community were satisfied with existing laws. A census in 2001 proved the group in society
- 11. 10 with the worst socio-economic status was non-religious people showing no evidence that economic distribution in Scotland favours any particular religion. This would also suggest that Catholics must hold jobs that keep their economic status above that of those with no religion. (Bruce et al, 2004) With the lack of evidence to suggest that sectarian is institutional it is important to consider the extent to which there is sectarianism in society at ‘street level.’ In a 2001 Glasgow survey nobody claimed to have experienced sectarian violence or experienced discrimination in the workplace of a sectarian nature but claimed that they knew it went on which suggests there is a perceived idea of sectarianism in Scotland that makes us assume bigotry as a result of our past without truly analysing it. Steve Bruce et al. (2004) highlight the declining religious interest in general. In the Scottish Social Attitudes survey of 2000 27% of Glaswegians did not claim a religion. 36% said they were Protestant and 24% said that they were Catholic. Of those who did claim only a third attended once a month or more probing that religious engagement in Glasgow is low and that the some religious identity is claimed loosely as many people do not practice in religion. It is for these reasons that multiple academics have described sectarianism in Scotland as mythical. Sectarianism is often studied in the context of Northern Ireland where the division is evident in society with residential segregation determined by religion so sectarianism in Scotland is not comparable as such religious cleavage does not exist. For example, we do not have or have never had, segregated housing schemes based upon religion and live in mixed communities where Rangers fans and Celtic fans, live next to each
- 12. 11 other and work in the same professions as each other as do the small amount of practicing Protestants and Catholics. Joseph Bradley (2009, p. 239) states that religious identity now is understood by what football team somebody supports rather than religious practice and that this makes the term sectarianism erroneous. This is a fundamental point when understanding sectarianism in Scotland. It is difficult to imagine that it can exist only in football if it doesn’t even exist elsewhere in society. Also the extent to which nationalistic expression from either side can be said to be linked to religion has to be questioned when we the importance of religion is declining. The commonly discussed example given by those who would argue it existed in football is the one of Maurice Johnston by Rangers in 1989. David Ranc introduces his case study on The Old Firm in his book ‘Foreign Players and Football Supporters: The Old Firm, Arsenal, Paris Saint – Germain’ as follows; “This case study looks at the change introduced by the signing of Maurice Johnston in 1989 by Rangers. For the first time in living memory a Catholic (and more importantly, a Scot from arch-rivals Celtic) was signed to play for Rangers.” (2011) This could be said to be the myth of sectarianism in football as Bill Murray (1984) argues that no anti-Catholic signing policy existed and backs this up by listing ten Catholics who played for Rangers before and during the First World War and then a further four in-between the end of the First World War and the signing of Maurice Johnston. Interestingly there was a Catholic named John
- 13. 12 Spencer who played for Rangers from 1985-1992, therefore, would have been with them at the time of the controversial signing of Maurice Johnston. The difference between Spencer and Johnston being that Maurice Johnston was a higher profile footballer, an ex-Celtic hero and thus a higher profile Catholic. This could suggest that the section of the Rangers support who did voice discontent believed that they were signing a Catholic for the first time although it is probably the case that Maurice Johnston was disliked as a result of his success with Celtic. If we analyse more recent cases, when it was rumoured Rangers would re-sign Kenny Miller (who had already crossed the divide once before) the Rangers fans were very vocal in their opposition to this. When the signing was made there was a rapid shift in attitudes that saw Miller being generally accepted and supported. There is also the case of Jon Daly who currently plays for the club. He is a Catholic and from the Republic of Ireland but this is not considered an issue and his religion and citizenship are a mere irrelevance to Rangers fans so the declining significance in religion is reflected here in the sense that 30-25 years ago this would have probably been a controversial signing. We now have an interesting situation where the literature reviewed gives sufficient evidence to suggest that a high level religious intolerance does no longer exist in Scottish society in politics, on the street or in football yet the issue has risen to prominence since James MacMillan’s speech at the Edinburgh festival in 1999 when he said this:
- 14. 13 “In many walks of life – in the workplace, in the professions, in academia, in the media, in politics and in sport – anti-Catholicism, even when not particularly malign, is as endemic as it is second nature.” It may be that the evidence given in the research is not easily accessible for the general public and that the speech at the Edinburgh festival by a high profile public figure gains high levels of media attention and a greater reach. Steve Bruce said this on the issue: “It is surely no accident that the lists of those who think Scotland is still an endemically sectarian society is led by a musician, a novelist and a professor of literature- all untouched by evidence beyond their personal experience.” (2004, p.154) The novelist he is referring to is Andrew O’Hagan who wrote “Scotland is a divisive and bigoted society.” And the Professor is Professor Patrick Reilly who wrote “To ask if there is anti-Catholicism in Scotland is like asking if there are French men in Paris.” The Church of Scotland and Politicians began to debate the issue as if it was a problem on the ascendency though it seemed there was no credible evidence to suggest this. Bruce et al (2004, p. 145) argues that groups of people such as the previously mentioned public figures along with the media and the anti-sectarianism charity Nil by Mouth are responsible for creating a moral panic and also argues that the media dress up stories with sectarian elements to sell more papers due to great interest in the two football teams. Furthermore they question the motives
- 15. 14 behind the charity as it would not exist if sectarianism wasn’t perceived to be a problem so to salvage personal careers it is in their best interests to persuade funders (the public) that sectarianism is still a prevailing problem. Interestingly NBM were not invited to the Scottish Government’s justice committee when setting up the Offensive Behaviour at Football and Threatening Communications (Scotland) Act. The decision to exclude Scotland’s only charity dedicated to tackling the issue of sectarianism from giving evidence to the committee meant the bill was left it open to criticism. Of course, supporters of both clubs were already voicing discontent. Interestingly, although both fans opposed the bill, Celtic supporters appeared to be slightly more active against it with a campaign titled “Kill the Bill”. This could be because Rangers fans were criminalised under existing laws and the club has been sanctioned by UEFA for their songs on the grounds that they were religiously intolerant. Songs sung by the Celtic support to antagonize Rangers fans are generally pro IRA making them political. Additionally Dr Stuart Waiton, who gave evidence at the justice committee, was in strong opposition to the Bill and argues that extreme deterrents are used to stop football supporters exercising act of expression that are not restricted to people out with football stadiums in Scotland, therefore, football supporters are treated unfairly in comparison to the rest of society. Waiton (2012) shares the view of Bruce and his co-authors have that sectarianism in Scotland is something of a myth in society and that sectarianism is used to gain support for a law that is an attempt to control liberties such as the freedom of expression for the working classes. In
- 16. 15 the same justice committee meeting Waiton argues that it is just banter between two sets of fans and the use of sectarian language is not a genuine attempt to direct hate at either religion. As previously discussed religion can be falsely claimed. It is suggested that it is falsely claimed as an add-on to the identity of being a Rangers or a Celtic supporter. We have previously discussed Joseph Bradley’s statement earlier that sectarianism is erroneous because religion is now interpreted by what team somebody supports. This suggests that religion is claimed because of what team people support rather than choosing a particular as an extension of a particular faith. This is why Waiton would argue that it is common place for rival fans to exchange offensive chants and although the Old Firm contains religious language it should be accepted that it is no different to the offensive nature of exchanges that happen between rival fans all of Britain. Interestingly, Waiton is a published author on both youth regulation and sectarianism and describes the link between youth groups and sectarianism as a distant one. He gives evidence from a 2002 survey that shows people under 25 are far less likely to go to Church than people over 55 and offers us another example from Bruce and his co-authors that things such as sex before marriage are discussed in terms of generational differences in Scotland and not religious differences meaning that for young people religion is not an important factor in life. Waiton describes this declining importance of religion as being as significant because the majority of arrests for sectarian crimes come from young age groups. It then seems those who are most affected by the “myth of
- 17. 16 sectarianism” are the young people who live in a society where it has never been less of a problem. It will be interesting to find out later on if this is reflected in an analysis of convictions under the OBFTC Act. (p.77)
- 18. 17 Methodology In this section of my project I will outline the methods that I have chosen to seek important information to assist with my research and I will explain why collecting data using these methods is appropriate. In the literature review I stated the importance of comparing sectarianism in Scotland, as understood by the general public, to academic understanding found when reviewing literature The use of a quantitative method was necessary in this instance as it is important to gather data from as many respondents as possible to create data with a wide range of demographics data that could be said to be the a fair representation of the view held by the general public. This is why I opted to carry out a survey for the first part of my data collection. I am also used a qualitative method in research interviews. My aim here is that I will have comments from the appropriate people to give more detailed analysis of the issue for a greater detailed discussion after having collected a more general public view. There are ethical matters to take in to account with both of these methods as there is with all research. For both methods it was important that the respondent was aware that the information they gave to me was for study purposes for this project only and would remain confidential. The aim of the study is also made known to people so that they had a better understanding of why they were answering the questions that they were and could answer accordingly. The interview information is for the purpose of this research only.
- 19. 18 The use of a survey was a beneficial method of research to as it was sent out over the internet so it was time effective and was carried out with relative ease. The statistics given allowed for data trends to form that would make for an interesting comparison to the data found while reviewing literature such as the definitions of sectarianism given to us by academics and the extent to which these are accepted by the public. It was also important to consider who the survey would reach. Although I want to capture a view that could be said to be the one of the general public it is important to consider a lot of non-football fans will not know a lot about the Act, therefore, won’t be able to comment on some questions. Their opinion on the treatment of young people and football supporters will still be interesting to get so for this reason some questions will not require an answer. I expect that most of the respondents will be football supporters as the interest in the topic makes them more likely to complete a survey. It is also important to note that my means of getting the survey out relied purely on social media and forums. This was more than effective as I cleared 100 respondents, more than double my minimum target. To receive answers that were representative of people’s confident opinions it was important not to make all questions compulsory. This means in a multiple choice section there was an N/A option. It was important people’s opinions were not forced as there are many grey areas where there are debates concerned with sectarianism where people did not feel confident enough of give an answer. The answers given to these questions were given so, by those most confident in their answer.
- 20. 19 The first page of the survey collected the respondent’s demographic data. This was essential in order to compare and contrast the answers form different sections in society. For example we statements 2 and 3 of the multiple choices were concerned with young people’s behaviour at football matches and their education about bigotry so it would be appropriate to compare and contrast young age groups (under 30) with older people being anything above that. Other data collected in this section was concerned with the area the respondents was brought up, currently lived, gender, religion and whether or not they were a football fan and who they supported if so. All of these areas are aspects that might change a person’s viewpoint on the matter for example west coast answers might differ from east coast. The first question of page two asked the respondent what they thought best defines sectarianism. The definitions presented were as follows. Sectarianism is religious intolerance and nothing more, sectarianism always involves religion but can mix religion with political and cultural matters, and sectarianism is discrimination against a group in society and does not have to have a link to religion and a fourth option for the user to define sectarianism in their own way. This was done to see if there was a difference in the way older groups defined it in comparison to younger groups. The next section included ten statements in which the respondent was required to answer in a multiple choice scenario. The questions asked were concerning age relations as well as the extent to which they thought sectarianism was a
- 21. 20 prevailing problem, if it only existed in football and if they believed that sectarian language used in the football stadium made the person saying it a bigot. The statements concerning youth behaviour were worded as follows: 1. Young people are more likely to be vocal at matches, therefore, are most affected by anti-sectarian laws. 2. Young people have received better education against bigotry. They are less likely to use sectarian language. The respondents was required to state they agreed with the statements or not using the scale of strongly agree to strongly disagree and N/A. The answers were quantified using a weighting scale as were the rest of the multiple choice questions. The purpose of these statements was to gauge am idea of what the public perceptions of youth behaviour was in regards to the issue. Both of these concern themselves with two of the major perceptions of young people that come across when discussing sectarianism with people. One is that at football, in particular matches at Ibrox or Celtic Park, the singing groups or ‘ultras’ as they might be better known appear to mostly consist of under 30’s. As they are the singing sections of each stadium they may be more likely to be convicted under the act. The second is one that, presently, society is expected to move on and leave the bitter aspects of the rivalry behind and one way to do this is education. Previously discussed charity and one that we interviewed for this research, Nil by Mouth, do workshops in schools educating them to be tolerant of other religions and cultures. There is then a perception that young people
- 22. 21 who have grown up with this in their school curriculums may be better educated and less likely to use what is perceived to be bigoted language. A later statement was worded as follows: The Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012 is purely an anti-sectarian law. The reason for this statement was to see is simply to see if people would describe it as so. This would be a key statement for analyses as if the public didn’t think it was then that would suggest it does criminalise people for non- sectarian crimes. In hindsight, I would have changed the wording of the question to make it more understandable to something like “Would you describe the act as anti-sectarian?” Regrettably the long wording of the question was the main reason that 14 respondents selected the N/A option, therefore, a large percentage that changed the weighting of the answer significantly. Another key statement asked if they felt that is sectarian language was used this made the person who used it a bigot. This is a key statement as it would give an indication as to whether or not the argument put forward to us by Stuart Waiton, that terrace chants although sometimes involve language of a derogatory nature are merely teasing exchanges between supporters, is accepted by the general public. If the answers to this support that argument it
- 23. 22 could be pivotal in proving that the term “90 minute bigot” is accepted. The term is often used to describe people who used bigoted language in football but do not carry that behaviour outside the stadium such as in the street or in the work place etc. For the interviews it was important to approach the appropriate people who work within a group or organisation that has been affected by the act. Groups include groups of football supporters so for that reason The Rangers Supporters Trust and the Celtic Supporters Trust were approached as representative of the Rangers fan base as were the two clubs ‘ultra’ groups, The Union Bears and The Green Brigade, as they could be described to be the vocal representatives of each fan base. Out of these options the Celtic Supporters Trust were the only group who agreed to interview. The editor of ‘Since I Was Young’ Motherwell FC fanzine was also approached and agreed but then did not reply to emails after a period of time so I had to move on and secure other important interviews. The reason I sought after a representative from this fans group, is they created a campaign titled “Heavy Hands Empty Stands” campaigning against the heavy handedness of police at games among other disputes that have occurred under the instruction of the OBFTC Act. My remaining targets for interview were then a representative from the SNP government, a representative from the Labour Party and David Scott from Nil by
- 24. 23 Mouth. Since I was only successful in interviewing one person from within football, it was crucial that I was more successful in agreeing interview terms with the mentioned people. A representative from the SNP was sought after in order to give balance to my research as the SNP were responsible for the introduction of the act. Unfortunately I did not get an interview from them but I did, however, successfully connect with Hugh Henry, an MSP from the labour party, and David Scott, campaign director of Scotland's leading anti-sectarianism group Nil by Mouth. I had successfully agreed interviews with three representatives from different areas of society that are concerned with this issue however I was disappointed I did not manage to get a comment from a representative from the SNP. I feel this would have balanced my research to some degree and given a more ‘two sided’ argument in the context of being for or against the act. As I live a considerable distance from all three of the interviewees and have work commitments that, combined with university work, make for a consistently busy schedule it was then mutually beneficial for the interviews to be carried out over the telephone for time management and ease of contact. The interviews were done in order of agreement so Marie McCusker from the Celtic Supporter’s Trust was the first to be interviewed. My line of questioning had to be relative to the research question and be designed to get the type of information I required. For example I sought after the interview from a representative from a Celtic fan group as Celtic fans, in particular the Green Brigade, were very vocal in their opposition to the bill as reflected in the title of
- 25. 24 their “Kill the Bill” campaign. In the initial reply the Celtic Supporters Trust had stated to me that they were also in strong opposition. It was then appropriate for the first question to be worded as follows: 1. The Celtic Supporters Trust is in strong opposition to the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012. What are your main reasons for this? Giving Marie the platform to outline the main reasons for the opposition to the bill from the Celtic support would immediately give me valuable information that could be compared to other information in subsequent discussion. Here are the rest of the questions: 2. Do you think that young people (young being people 30 and under) are more vocal at matches and, therefore, more likely to be affected by such anti-sectarian laws? 3. Before the act was in place Rangers fans would be scrutinised on the basis that the songs they sang were deemed religiously intolerant. The songs Celtic supporters are presently scrutinised for are often addressing socio-political matters. Do you think that this makes them non- sectarian?
- 26. 25 4. Would you define any particular songs by the Celtic support as sectarian and are these the songs being targeted? 5. Do you think the act is shaped to restrict the freedoms of football supporters who can be transgressive by nature? 6. Do you have any further comments to make? The questions were to prompt Marie to address some of the arguments that have been raised during my research in regards to the theory that Celtic fans songs addressing political matters mean they are not sectarian and to get a better idea on the general feel of the act from a body of Celtic supporters. The second interview was carried out with campaign director for anti- sectarianism charity Nil by Mouth, David Scott. I was delighted to have agreed this as he would, of course, have strong opinions on the matter and ideas about how to tackle sectarianism within and without football. The planned questions for his interview were as follows: 1. Using the definition of Sectarianism given to us by Nil by Mouth “sectarianism in Scotland is typically related to Protestant/Catholic divisions but it is helpful to understand that sectarianism also occurs within other faiths and is a feature of religious intolerance. Although sectarianism is rooted in religion it is often linked to cultural, historical
- 27. 26 and political differences. It is frequently argued that in recent years this type of intolerance of others has little link with history or association with religion itself.” do you believe that sectarianism is still a prevailing problem in football and in wider Scottish society? 2. Do you think the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012 has been effective? To what extent? 3. How would you respond to claims from academics such as Steve Bruce that charities, such as Nil by Mouth, are responsible for creating a moral panic and that is in the best interests of the charity to keep what he calls the ‘myth of sectarianism’ alive to keep the charity going? 4. Is there any age group that are more likely to act in a way that could be deemed sectarian than others? 5. In your opinion does the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012 criminalise football supporters for non-sectarian offenses? 6. If sectarianism is still a prevailing problem what still needs to be done to eradicate it?
- 28. 27 7. Do you have any further comments to make? In the first question it was important to acknowledge that Nil by Mouth uses a particular definition of sectarianism. All answers are relative to an organisation’s or a person’s opinion and this has to be recognised throughout. It was important to take the opportunity to ask David some pertinent questions about the subject matter addressing the issues we have covered in regards, definitions, youth behaviour and the general feeling from Nil by Mouth towards the act. This is why I asked him how he would respond to claims that charities, such as NBM, create a moral panic. It was important to give him the platform in my research to respond to these claims to help create a balanced discussion. It would also be interesting to see what he had to say about the issue more generally. Finally I interviewed Hugh Henry form the Labour Party. Labour has recently been vocal in their opposition to the act and has promised to scrap it should they gain power in the near future. Admittedly I did not target anyone specific from the Labour party. Hugh Henry was chosen to get back in touch as they felt he was the most relevant person within the party to respond. Here were my questions to him: 1. How would you define sectarianism?
- 29. 28 2. What do you think are the main aims of the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012? 3. Do you think the Offensive Behaviour at Football and Threatening Communications (Scotland) Act 2012 has been effective? To what extent? 4. Do you think sectarianism exists outside of football? 5. Do you think the act can criminalise football supporters for non- sectarian crimes? I feel it was important to ask for his definition on sectarianism first of all, to help understand his answers and second of all, to add another sample to illustrate the wide variety of ways in which sectarianism is understood by different people. Question number 2 was to ask someone who is involved in the political system what the main aims of the act are from their view. His answer to this question could add clarity on its main aims and be pivotal in helping me answer my research question. Likewise number 3 is an important question to get a word on the effectiveness of the of the act and find out if it has adequately been addressing its main aims. Finally questions 4 and 5 are designed to address issues that have been reoccurring throughout this research in regards to sectarianism being understood in terms football and the problems with this and
- 30. 29 for his answer to my research question that will give me a good source for subsequent discussion.
- 31. 30 Results In this section I will outline the key findings from the research. I will begin this by analysing the results of the survey before discussing the data gathered in the interview phase. The survey was intentionally structured to gauge how the subject matter is understood by different sections of society. The main comparisons to be made are between younger groups, in which I included people who were aged 30 and under, with over 30’s who were considered to be older. The main reasons for this are that three of the questions were concerning youth education against sectarianism, youth behaviour at football and people’s perceptions of the relationship between young people the police. Secondly, it would be interesting to compare their answers in other sections to see if it represents a shift in the general attitudes towards sectarianism and how we perceive and define it. One of the key aims of the survey was to find out to what extent the definitions of sectarianism offered to us in the literature review is accepted by the general public. This was important to see if there was a difference in opinion from people who defined sectarianism as solely religious had different answers to those who defined it as not having any necessary link to religion at all. The definition most accepted was definition number two “sectarianism always involves religion but can mix religion with political and cultural matters” With 55% of all respondents selecting that choice. 20% selected definition 1 stating that sectarianism was purely a religious issue with 17% saying it does not need
- 32. 31 to have a religious link at all and 8% offering other definitions in which didn’t need a religious link. So although only 20% said it was a purely religious matter 75% in total said religion was a necessary factor. With this information it will then be interesting to see to what extent people believe it is a prevailing problem in society as evidence in the literature review suggests the religious link is minimal. It was then, appropriate to add a filter when analysing results that excluded the latter two definitions and then reversing the filter to exclude the answers of those who used the first two. This was to see if there was a general variance in the weighting to the answers particularly in the multiple choice section of the survey. When doing this we noticed that between these two groups there was little difference in their answers to key questions. So then we categorizes the groups into young people who defined sectarianism with definition 1 and 2, young people who defined sectarianism as definition 3 or 4 and then two groups divided the same way with old people to see if there was any variance between these groups in answers relating to sectarianism and youth behaviour. Again the variance was minimal but there was a slight change in the way the groups defined sectarianism that could be used as evidence to support the arguments that our attitudes towards sectarianism and how we define it are changing in order to keep “the myth of sectarianism” alive. This was represented in the statistics with 50% of older people defining sectarianism “Sectarianism always involves religion but can mix religion with political and cultural matters” (definition one) and 27% defining sectarianism
- 33. 32 “Sectarianism is religious intolerance and nothing more” (definition two). In contrast, 62% of young people defined sectarianism using definition one and 10% using definition two. Although, when totalled up, 77% of older people and 72% of young people felt a religious link was necessary for something to be sectarian only 10% of young people believed that it was purely a religious issue in contrast with 27% of older people showing that as in society other social- political factors have more weighting than they previously did and there are less people who perceive it in purely religious terms. In total 75% of respondents defined it as definition one or two suggesting that religion is still a key factor when discussing sectarianism with 55% of all defining it using definition two suggesting that the majority of respondents would not count something that has no religious link as sectarian. This presents us with a problematic situation as it is open to owns own interpretation what has a religious link or not. Also, we have already been given evidence in the literature review to show just how insignificant religion is in Scottish society especially among young people yet, in the survey, 67% of young people felt it was a prevailing problem in Scottish society. This suggests the evidence reviewed in the literature review might not be easily available to them or as pushed on to people as media representations of the issue that lead to a general misunderstanding of sectarianism. Defining it as more than a religious issue presents us a problem as it is problematic to decide what carries with it a religious link. The extent to which
- 34. 33 national identity and sporting allegiance can be linked to religion is a key area for debate. Then there was the 25% that defined sectarianism as something that discrimination against a sect in society and did not need to have any link to religion at all. One person gave further information and said “that as long as a sect exists and is being discriminated against then that is sectarian.” Following this definition there might be sectarianism that can’t be described as anything else such as homophobia or religious bigotry but simply offensive. If in subsequent research, we find that young football supporters have been criminalized for behaviours that might fall in to this category it would suggest the act does criminalize then for non-sectarian offenses as sectarianism is understood by most people. It is here we arrive at a key point in regards to the act and what it claims to be in its contents. When asked if they believed the act criminalised young football supporters for non-sectarian crimes and to give reasons for their answers a lot of respondents said yes because it doesn’t claim to solely eradicate sectarianism. This is something that Marie McCusker highlighted in her interview that she wouldn’t describe it as an anti-sectarian act because it targets offensive behaviour and threatening communications of various types as in the title. In the acts contents the three sections it states are unacceptable to express hatred against are a religious group, a social or cultural group with a perceived religious affiliation, a group defined by reference to a thing mentioned in subsection (4), with the groups listed in subsection four all being concerned with matters such as sexual orientation and race, in other
- 35. 34 words, areas in society that can cause divisions but are understood in their own context outside sectarianism and football. What is interesting is that although people felt that sectarianism is still a prevailing problem in society with 65% agreeing with that statement, 88% disagreed that it only existed in football. Furthermore another statement in the multiple choice section asked if they felt someone who uses derogatory language in a football stadium is a bigot. 79% of all respondents disagreed with this with 49% selecting strongly disagree. Only 3 people strongly agreed with the statement. It also suggests that the notion of the “90 minute bigot”, where a normally law abiding citizen goes to a football matches and sings offensive songs that are sometimes in a bigoted nature degrading opposition stops after the match and resumes an ordinary living, is generally an accepted one. Where the vulnerability of young people is concerned 70% of the respondents felt that young people were easily targeted in wider society. There was no overall agreement on the idea that young people are more likely to be vocal at matches with 48% agreeing and 46& disagreeing with the remaining 6% selecting N/A. However 61% disagreed that young people have received better education against using sectarian language suggesting that many people feel age won’t make much of a difference. It is now appropriate to disseminate the results from the interviewing process. Here we should gain further insight for discussion in relation to the key themes that I have studied so far with those being definitions of sectarianism,
- 36. 35 perceptions of youth behaviour and general feeling towards the act. The first of the three completed interviews was with Marie McCusker from the Celtic Supporters Trust (CST). The first question I asked her was to outline the main reasons that the CST were in opposition to the act. She felt that pressure on Alex Salmond was a fundamental part of the introduction of the act and this was attributed to the previous First Minister, Jack McConnell, beginning work on sectarianism that Salmond was criticised for not continuing. Interestingly, in the literature review was discussed Jack McConnell involvement and how he became vocal after James McMillan’s 1999 speech. It could be said that this was the catalyst for a sequence of events that started with increased political discussion on the issue that Salmond may have felt pressured by previous regimes and the police to act. McCusker questioned the overall necessity of the act claiming that previous laws were adequate. This is a key point for study when answering the research question we have to compare it to previous legislation. Rangers fans had been in trouble with their songs for years before this act was introduced on the grounds that their songs were religiously intolerant. I asked her in questions 3 and 4 if she felt that because Celtic songs, generally, addressed political matters, if she felt that mad them non-sectarian. She offered the Oxford dictionary definition of a sect as “a body of persons agreed upon religious doctrines.” and defines sectarianism as “adhering to a sect in a bigoted fashion.” In the survey one respondent who didn’t attribute a religious factor to sectarianism said a sect just needs to exist but as highlighted here a sect needs
- 37. 36 to be founded on religious doctrines. This is evidence to suggest that the homophobic and sexist offenses now criminalised under the act are not sectarian as they are not sects agreed upon religious doctrines. It is likely that the 25% of people who did not attribute religious factors to their definitions of sectarianism are not aware of the oxford definition for a sect. It is also worth noting that the areas they perceived as sects have another titles attributed to them such as sexism and homophobia which do not fall under the sectarianism category in socio-political discourse. The second interview I carried out was with David Scott from Scotland’s leading anti-sectarian charity, Nil by Mouth. Question one asked him if the definition given to us by Nil by Mouth on their website was still an accurate in his opinion. He gave me a definition from Dr Duncan Morrow’s Advisory Group and described it as capturing where we are in 2015. “Sectarianism in Scotland is a complex of perceptions, attitudes, beliefs, actions and structures, at personal and communal levels, which originate in religious difference and can involve a negative mixing of religion with politics, sporting allegiance and national identifications. It arises form a distorted expression of identity and belonging. It is expressed in destructive patterns of relating which segregate, exclude, discriminate against or are violent towards a specified religious other.” Interestingly, he notes sporting allegiance as a factor that can mix with religion. The extent to which the fans of either club can be linked to religion is not large
- 38. 37 for reasons such as declining religious significance. The exact reason that Joseph Bradley (2009) said the term sectarianism can become erroneous. What it also does it represent a further example of a shift in attitudes that add extensions on to the definition. One would think that Scotland’s leading anti-sectarian charity would first of all, have been invited to the justice committee meetings to give evidence when the bill was going through and secondly, be fully supportive of the act of the said charity. Neither of these things is true for the OBFTC Act. In question 3 I asked David how he would respond to claims form academics, such as Steve Bruce, that charities such as NBM are guilty of creating a moral panic and that it is in their best interests to keep the myth of sectarianism alive to keep the charity going. He responded saying that 8 thousand arrests since 2003 for sectarian violence and intimidation and gave the example of the young boy hit with a bottle before the last Old Firm game. David did accept that the media can blow the issue out of proportion at times but argued that just because Scotland is not comparable to Northern Ireland, it does not mean it should be dismissed. Here we arrive at a key point. We have a very tense football rivalry that can result in violence in the street and domestic abuse, however, is our understanding of this really that this is a religious conflict? So far the survey that I conducted and the answers from David Scott would suggest that many people think these acts of violence represent religious conflict. Although there is undoubtable rivalry and there are arrest statistics to go with it, perhaps academics such as Bruce,
- 39. 38 Waiton and other like-minded authors would argue that it should be dismissed as a sectarian issue. The final interview I did was with Hugh Henry MSP for the Labour party. He defined sectarianism as follows: “Sectarianism can be defined as bigotry, intolerance, or hatred of a particular group of people which is based upon religion, race, ethnicity, nationality, political belief, sexual orientation etc. It can take many different forms in different communities. In Scotland, it commonly describes religious conflict and, in the West of Scotland in particular, it is often taken as a specific reference to a perceived conflict between Protestants and Catholics.” Interestingly he describes it as being based upon various factors and doesn’t state that they necessarily have to be linked to religion but does add that in the West of Scotland it is understood as a reference to the conflict between Protestants and Catholics. However, I think at this point the problems with understanding it as any more than a religious issue have been well documented. I sought after a representative from the Labour party because they stand in opposition to the act. Hugh Henry was chosen by Labour to talk to me and he described the OBFTC Act’s underlying aims to be eradicating sectarianism. He claims that it is failing because you cannot criminalise other things and hope it gets rid of the problem and agreed with the view that to tackle (the perceived problem of) sectarianism you have to go outside the football ground. He described the act as being destructive rather than productive, a view shared by
- 40. 39 Marie McCusker when she said that it has ruined the relationship between football supporters and the police. He added that current laws were efficient again reinforcing an idea that has been put forward by Marie McCusker and others and that Sheriff have found it hard to prosecute under the act. Ultimately he believed the act does criminalise football supporters for non-sectarian crimes as the interpretation of what is or is not sectarian is confusing and that many of the songs sung at football matches are nationalistic expressions that carry with them political identities. This is true for both clubs but especially true for Celtic as cases where their fans have been brought to court are for chants concerned with Irish freedom.
- 41. 40 Discussion At this stage in the research I feel that the evidence presented so far has adequately proved that the OBATC Act does criminalise football supporters for non-sectarian crimes. However, at this stage we have no yet uncovered the true extent to which young people are involved.. The introduction of the OBATC Act was a significant part in the process of Scotland’s changing attitude towards sectarianism that arguably started around the mid 90’s with the foundation of Nil by Mouth, James MacMillan’s speech and other events that happened around the same time and/or a result of these events. What this does is enforce a degree of expectancy on young people who have grown up through this time and have had charities such as Nil by Mouth coming in to school to educate them on sectarianism. So in relation to this act and youth behaviour we have considered so far, if there are a general belief young people are easily targeted by police, if young people are more likely to be vocal at matches and if they are more likely to be educated and not sing these songs. All of these questions were explored in the survey. However, I think it is still appropriate at this stage to research further, the link between youths and sectarianism as the survey results alone do not stand as significant evidence to prove or disprove my theory that young people might be more vulnerable under this legislation. I then took to Lexis Nexis to gather sources of information from newspaper articles on offenders of the act to see the people who have been charged fall under the age category I set for young
- 42. 41 people which was 30 and under. From the articles I found 14 people had been brought to court under this legislation. Of that 14, 11 of them were under 30 with one of the older group being just 31 with the others aged 36 and 48. The average age of the young people from this sample was just 19 with the overall average from the sample at 24. It is also worth noting that 30 and under is a barrier I set myself to create a clear guideline for myself to distinguish ‘young’ and ‘old’ and that these are terms that are also open to one’s interpretation and many people would argue that the 31 year old, and perhaps the 36 year old, are young men too. Notable cases found in this sample include the recent case of Scott Lamont who was jailed for 4 months for singing the ‘Billy Boys’ on the way to the most recent Old Firm derby on the 1st of February and Connor Fulton who received a 4 month banning order from Ibrox after pleading guilty to the for singing “offensive and sectarian” songs. (Rose, 2013) There was also the case of Rangers fan, Richard Monteith, who was the 36 year old that was charged, but for breach of the peace, not under the OBATC Act on the grounds that the Sheriff did not think him using the word ‘fenian’ would incite public disorder. (McAngus, 2015) Now if we compare the outcomes of these cases to the outcomes of the cases involving Celtic fans a key problem with the act is again highlighted that the OBATC Act has been criticised for it not adding anything to previous legislation with a low conviction rate for any of the ‘new’ crimes as described by the act.
- 43. 42 Joseph Cairns was 20 at the time of his court date and he was found not guilty of breaking this law after singing IRA songs at a football match. The Sheriff said it would seem okay if Irish folk singer Christy Moore had sung the song in a concert hall in Glasgow, but not for it to be sung by a football fan at a match. (STV News) Another Celtic fan cleared was supporter Calum Graham, 21 at the time, for similar reasons to Joseph Cairns. This gives a degree of weight to the argument that previous laws were adequate. However, Celtic Supporters Michael Donnelly and Martin Walsh who were 30 and 22 at the time of their court appearance were convicted for singing songs about the hunger strike and the IRA on the grounds that singing about a proscribed terrorist organisation could incite public disorder. It here seems that there is no consistency with the enforcement of the act even within the justice system as both chants were in support of a proscribed terrorist organisation so for one to be inciting public disorder and the other to not seems strange. This sample has helped draw conclusions on matters regarding previous legislation and youth criminalisation. Interestingly, recent news praised the success of Nil by Mouth in putting sectarianism “on par” with racism and David Scott was quoted saying that nobody talks about 90 minute bigots anymore. The survey I conducted would suggest otherwise. It stated “If somebody uses derogatory language at a football match it makes them a bigot.” (Garavelli, 2015)
- 44. 43 Interestingly 79% of all respondents disagreed with this with 49% selecting Strongly Disagree. Only 3 people strongly disagreed with the statement. This is evidence to show that the notion of a “90 minute bigot” is very much an accepted one in many parts of society. This gives weight and credibility to the argument that songs and chants that may even contain sectarian language are merely teasing exchanges between supporters so the extent to which they could be said to be sectarian hate crimes is questionable. (Garavelli, 2015) This demonstrates how complicated the perceived issue of sectarianism is. Even in a time where most people are in agreement that the OBFTC Act is not adequate or necessary, between politicians, academics, football supporters and the general public there is not a mutual understanding of what exactly the issue is.
- 45. 44 Conclusion As I set out to find out if the OBFTC Act criminalises young football supporters for non-sectarian crimes I would first of all like to discuss the limitations of this research. For one, it does not touch on social theory. For example, one might argue that the work of Norbert Elias on the Civilising Process could perhaps adequately account for such legislation coming in to practice. I would also have liked to have successfully negotiated more interviews and that I should have attempted to get more. Strathclyde Police would have been an appropriate body to seek comment from that would have given better balance to discussion and a greater insight in to the issue. I have had to study the changing attitudes of sectarianism and how they can relate to young people in contemporary Scotland. I believe this research has showed that Scottish society presents us with a much disorientated understanding of the issue of sectarianism. This is reflected in the evidence that suggests that Scotland is not a sectarian society in the religious sense. It seems that it is still perceived to be a prevailing problem as a result of other social issues concerned with the rivalry that has found it testing to shake off association with a sectarian past and history. This leads to the fragmented understanding of the issue. Furthermore young people and in particular young men are undoubtedly the most vulnerable group despite being least attached to any religious division that previously existed. This was shown in the sample I collected in which the majority of cases were involving people under 30.
- 46. 45 Thankfully prosecutors struggle to convict under this legislation and the act is coming under severe criticism. Differences in national identity are a more common cause for conflict in contemporary Scotland. Stuart Waiton (2012, p.81) makes the point that even Unionism in Scotland today, is not understood in the context of Unionism versus Irish Republicanism but it is understood in the context of Scottish Independence. The division between Unionists and Scottish Nationalists is certainly not a religious one yet some media outlets still describes post referendum events as sectarian. The contents of the act that states sexism and homophobic acts are criminalised under this legislation and we have found that these cannot come under the category of sectarianism. This information alone stands as evidence to suggest that the act does not target sectarian behaviour in isolation but other offensive behaviours as well. This effectively means the argument concerned with the use of sectarian language at football is even sectarian because of a declining religious interest is, although important to consider, is not key to answering the question as the sexual, homophobic and ableist chants that are criminalised under this legislation cannot be said to be sectarian.
- 47. 46 Bibliography BBC. 1999. Composer attacks ‘anti-Catholic bigots’ Retrieved November 10th 2014 from: http://news.bbc.co.uk/1/hi/special_report/1999/08/99/edinburgh_festi val_99/415149.stm M.Bradley, J .2009.. Celtic Minded 3. Glasgow : Argyll Publishing. 239. Bruce, S. (2011). Scottish sectarianism? Let's lay this myth to rest. . Retrieved 20th Nov 2014 from: http://www.theguardian.com/commentisfree/belief/2011/apr/24/scotla nd-sectarianism-research-data Bruce, S., Glendinning, T., Paterson, I. & Rosie, M. 2004. Sectarianism in Scotland. Edinburgh University Press Garavelli, D. 'Scotland’s Secret Shame'. Scotsman.com. N.p., 2015. Web. 18 Apr. 2015. Kelly, M. ’Final Nail In The Coffin For SNP Act'. Scotland on Sunday 2015. Web. 18 Mar. 2015. Liechty, J. & Clegg, C. 2001. Moving Beyond Sectarianism: Religion, Conflict and Reconcilliation in Northern Ireland. The Columbia Press McAngus, S. 'War Hero Charged With Sectarian Singing At Rangers Match'. Falkirk Herald 2015. Web. 18 Mar. 2015. McLeod, K. ‘Celtic Fans Lose Human Rights Bid.’ Daily Record 2015: 27. Web. 18 Mar. 2015. Murray, B.1984. The Old Firm – Sectarianism, Sport and Society in Scotland. Bell and Bain Ltd Nil By Mouth. 2012. What is sectarianism? Retrieved November 24th 2014 from: http://nilbymouth.org/what-is-sectarianism/ Punch, K. (1998). Introduction to social research. London: SAGE Publications. Rose, G. 'Fan Banned For Sectarian Song At Ibrox'. The Scotsman 2015. Web. 1 Apr. 2015.
- 48. 47 STV News,. 'Celtic Fan Cleared Of Bigotry Charge Faces Second Case Over IRA Song'. N.p., 2013. Web. 18 Mar. 2015. Waiton, S. 2012. Snobs’ Law: Criminalising Football Fans in an Age of Intolerance. Take a Liberty.