Football Banning Orders Analysis of Consultation Responses

6. Conclusions

A range of individuals and organisations with varied experiences participated in this consultation, sharing their views on Football Banning Orders. This report provides a high-level summary of the consultation responses. For more details, readers are encouraged to read individual responses, where permission was given for publication, via the Scottish Government’s consultation website.

Conflicting views were evident throughout the consultation, with campaign responses compared to most organisations holding different perspectives on whether behaviour is getting worse, if current approaches are sufficient and whether FBOs should be extended.

In terms of supporter behaviour, the campaign responses consistently expressed the view that there is no clear evidence of behaviour getting worse, and that enforcement has focused on heavy-handed approaches rather than supporter engagement. Conversely, while many non-campaign respondents note that most supporters behave responsibly, they highlight isolated but serious incidents of inappropriate behaviour. Most respondents say they have not been discouraged from attending matches, but where they have been, comments suggest family safety and sectarian behaviour are key causes for concern.

When respondents were asked to identify worsening behaviour, pyrotechnics were the most consistently highlighted issue. However, two different approaches are evident in responses. Many individuals, including those identified as police officers, and football clubs, felt that pyrotechnics pose a serious risk that justifies stronger sanctions, including wider use of FBOs. On the other hand, the campaign response and some individuals called for greater regulation and collaboration to manage their safe use.

Around seven in ten respondents feel that enough is being done to address disorder, and that no additional action is needed to tackle inappropriate behaviour. Again, open comments highlight two contrasting views; while some feel current actions are too light touch and inconsistent, others argue football supporters are over-policed and stigmatised for the behaviour of a minority.

In general, organisations expressed support for the continued role of FBOs and for extending them to cover other offences. Conversely, the campaign response and some other individuals were opposed, suggesting there is a lack of evidence for the need for a wider scope and that existing legislation should be sufficient. Overall, there was opposition to specific changes, such as whether pyrotechnic offences under the 2022 Act should trigger consideration of an FBO or there should be a presumption that a FBO will be granted upon conviction of a football-related offence in Scotland. Opposition was driven by the campaign response, but individuals identified as police, football clubs and football bodies typically favoured these proposals, while also repeatedly emphasising the importance of judicial discretion.

The responses to the consultation do not present a clear consensus on changes to FBOs. This analysis highlights support from some individuals and most stakeholder organisations for stronger and more flexible FBOs, contrasted with strong public opposition from many of those who responded (principally in the campaign responses), citing a lack of evidence of the need for change and concerns about negative impacts on fans and fan culture.