Unauthorised Entry to Football Matches Bill

Debate between Kevin Brennan and Tracey Crouch

Committee stage
Wednesday 8th May 2024 Public Bill Committees

[Kevin Brennan (Cardiff West) (Lab)]

It is a great pleasure to serve under your chairmanship, Dame Maria. Following your guidance, I intend to cover the whole Bill and my proposed amendment to its long title in my remarks. I thank everybody for coming along this morning—let’s see if we can make a law.

The Bill is intended to address a real concern that has come up in football, namely the problem of unauthorised entry to football matches. Members of this Committee will be familiar with the Euro 2020 finals, which saw England host the élite men’s competition. I do not need to remind hon. Members that the English team got to the final, but lost on penalties; however, the day was also spoilt for many fans and for many watching by the disorderly scenes of people attempting to enter Wembley stadium, which is within the constituency of my hon. Friend the Member for Brent Central. It is good to see her here today—to support the Bill, I hope.

Those fans were attempting to enter Wembley stadium without tickets. It is believed that between 3,000 and 5,000 ticketless fans were able to gain entry to Wembley stadium on that occasion using a tactic often known as tailgating, which refers to two people going through the turnstiles on one ticket. Many of those entries were forced on members of the public who held official tickets. If any members of the Committee were actually at the final, they may have witnessed the aggressive behaviour, disorder and overcrowding that compromised the safety and security of stewards, police officers, spectators, players and officials, and indeed tarnished England’s reputation as a host of major sporting events.

I am delighted that England, Wales, Scotland, Northern Ireland and the Republic of Ireland are due to jointly host the Euro 2028 competition. Clearly, we should do all we can to ensure that such scenes do not reoccur on that occasion. The actions of those who entered the Euro 2020 final without tickets not only were unsettling, but posed a real threat to the safety of thousands of attendees at the match. In the report she was commissioned to write by the English Football Association, Baroness Louise Casey concluded that the events of that day could have resulted in a tragic loss of life. We have seen too many such tragedies at football matches in recent decades caused by inadequate safety regulation and policing for this House not to take legislative action where a further gap in the law is indicated.

In discussing clause 1, I should point out that during my time on the Culture, Media and Sport Committee— I am delighted that so many members of that Committee are present, including the esteemed Chair, the hon. Member for Gosport—we undertook an inquiry into safety at sporting events. I think all members of the Select Committee were surprised to discover that entering or attempting to enter a football match without a ticket is not a specific criminal offence. In our subsequent report into safety at major sporting events, which was published in December 2023, the Committee supported the need for my new Bill to rectify that gap in the law. I am delighted that all the Committee members representing seats in England and Wales, which is the territorial extent of my Bill, co-sponsored the Bill to bring our recommendations to law. I also thank the Government for their support of the Bill.

Clause 1 creates a specific offence of unauthorised entry to designated football matches by inserting the new offence into the Football (Offences) Act 1991. It is aimed at deterring people from attempting to enter stadiums without a valid ticket. A fine of up to £1,000 could be levied, but even more importantly, a conviction for that offence could lead to a court-imposed football banning order, preventing a person from attending football matches for between three and 10 years. That represents a strong deterrent for any football fan.

Allowing the Bill to be applicable on any relevant premises reflects the need for cordons to be established outside the stadium where it is believed necessary. In fact, at Wembley stadium that is a common feature of the way that such matches are organised. The law envisioned under the Bill could then be enforced at such places, even when they are not part of the stadium itself.

The scope of the Bill encompasses the designated matches envisaged in the regulations made under section 1 of the 1991 Act. Currently those are matches in the premier league, the championship, leagues one and two, the national league, the women’s super league and championship, and the Cymru premier league, along with international fixtures held in England and Wales. In the case of my own Cardiff West constituency, the Bill would impact matches played at the Cardiff City stadium by Cardiff City football club and the Welsh national team. I should pay tribute to the great atmosphere created at home games by Cardiff City fans and the club’s welcome of away fans, which led to an award from the Premier League when the Bluebirds were in the top flight.

I should also praise the exemplary conduct exhibited by the Welsh supporters of our national team —the wal goch, as they are known in Wales—during home matches, as well as the electric atmosphere that they cultivate through their fervent renditions of anthems such as “Hen Wlad Fy Nhadau” and “Yma o Hyd”. It is to ensure that fans, including young children, are kept safe that my Bill is so important.

On Second Reading the issue was raised of why the measure applies only to football matches, because ticketless entry to venues is a concern for other sporting events, as well as live music and a range of other activities. For example, hon. Members will be aware of the tragedy that occurred at the O2 Brixton Academy in December 2022, where ticketless individuals, combined with poor organisation, might have played a role in two fatalities.

Some Members have suggested that the Bill could be more expansive in its remit. However, that would require much more extensive and lengthy consultation and evidence gathering. We have an opportunity here to amend legislation already on the statute book, with significant football events on the horizon. I think that justifies bringing forward a measure that applies specifically to football. I hope that the Government and Parliament will continue to explore the wider issue of safe entry to events and will support well-evidenced legislation on the matter.

There is only one amendment. It was tabled in my name and would alter the long title of the Bill, reflecting the fact that express provision is not required in the Bill to enable a football banning order to be imposed following conviction for the new offence that the Bill creates. When the long title was originally laid, we were not certain where the best home would be for the new offence of unauthorised entry to football matches.

However, as my Bill utilises the Football (Offences) Act 1991 as the appropriate place for the offence, it means that the courts are already empowered to impose a preventive football banning order against a person convicted of any offence under that Act. As we are inserting an offence into that, we have the amendment for the long title because the Bill does not need to contain a specific provision for the offence to be listed as one for which imposing a football banning order is available following conviction. In other words, that bit of the long title is otiose and can be shortened to reflect the actual effect of the Bill. I hope the Committee will assent to that minor technical change to the long title.

I hope the Committee will support my Bill as amended, acknowledging its significance in safeguarding the interests of football fans, players and the wider community. As I said, it has support across the House, from the cross-party Culture, Media and Sport Committee, from the Government and official Opposition. It has the support of the English Football Association and the Football Association of Wales, and the Football Supporters’ Association acknowledge its intent to keep fans safe.

[Dame Tracey Crouch (Chatham and Aylesford) (Con)]

I congratulate the hon. Gentleman on bringing forward the Bill. I was at the final and was caught in the surge of fans who were trying to rush the gates. It was incredibly scary, even for those of us who have been going to football matches for most of our lives. I was surrounded by young children who were there to enjoy that incredible opportunity for the England team. I pay tribute to the hon. Gentleman for bringing forward the legislation, which has cross-party support.

[Kevin Brennan]

I am extremely grateful for all the work the hon. Member has done on football. I participated on Second Reading of the Football Governance Bill recently. It was an enormous achievement on her part to get the Government to bring forward that Bill. It means a lot to me that she intervened and is here to support the legislation. I thank her for that.

By allowing the Bill to be reported, we can send a resounding message that such conduct as was seen at the Euro 2020 final will not be tolerated, emphasising the importance of ensuring safety and security when attending football matches. The legislation reaffirms our dedication to the wellbeing and integrity of football, and restores our collective duty to tackle the challenges confronting the sport. It upholds the role of the sport as a unifying force in our society. I urge hon. Members to endorse the Bill, including the amendment, thereby contributing to the enhancement, safety and enjoyment of football matches for all.