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The Minister for Immigration (Damian Green)
I congratulate my hon. Friend the Member for Cannock Chase (Mr Burley) on securing this debate on an issue that is important in itself. As a season ticket holder at Reading football club, and after last night’s play-off results, I hope to be taking a personal interest in premier league policing next season.
First, I will comment on the vital role played by the police in ensuring the safety of the public at all football matches, not just those in the premier league. Levels of football violence and disorder have fallen consistently over a number of years, particularly since the introduction of tough banning order legislation and the associated radical football disorder strategy in 2000.
Last season, total attendance at regulated football matches in England and Wales exceeded 39 million people, mostly in the premier league. Over the same period, football-related arrests fell by 10% and levels of football violence and disorder continue to be low. However, a lingering threat remains—it is perhaps more than lingering in some cases—and the police continue to play a crucial role in ensuring public safety. Let me take this opportunity to thank them for their continued hard work and dedication.
As my hon. Friend is aware, premier league football matches are policed on a public order basis where the aim is to prevent or deter trouble. Police adopt a visible but low-friction approach. They will intervene in stadia as appropriate—usually at an early stage to prevent escalation—and defuse, detain or eject anyone who is engaging in violent, disorderly or antisocial behaviour. Such policing is intelligence-led and based on a dynamic risk assessment. It means that football clubs and police authorities are able to agree on an appropriate level of policing in advance of each match, based on the level of risk as determined by the latest available intelligence. That ensures that the policing service provided is proportionate to the risk.
The provision of policing at a premier league football match, or any other commercial event such as a music concert, is considered a “special police service”, and it is governed by section 25 of the Police Act 1996. Special police services are those provided beyond the normal line of duty, such as when extra officers are deployed at a site to reduce the risk to public safety during an event. Where the event is seen as commercial—such as a premier league football match—the event organiser is responsible for meeting the costs incurred by providing that service. The cost of policing an event is determined locally by the police authority in negotiation with the event organiser, and not by the Home Office. That system allows flexibility and permits police authorities to take into account any benefits and the ability to pay of the event organiser when determining charges at a local level.
Should an organiser be unwilling to pay for the level of policing deemed necessary to ensure public safety, the chief police officer can refuse to provide policing services. That may mean that the event organiser is denied a safety certificate by the relevant local authority, and without that certificate the event cannot take place.
Although the Home Office does not have formal powers to mandate charging or the level of charging, guidance has been provided in the form of circular 34/2000. Chapter 13 of that guidance deals specifically with the policing of football matches. The Association of Chief Police Officers—ACPO—produced guidance on charging for special police services in 2005, as well as in the 2008 document referred to my hon. Friend.
Football clubs are currently required by police forces to pay only for the policing of their so-called “footprint” area. That usually refers to the area inside the stadium and, for example, the surrounding car parks or streets. In latter case, however, costs can be recovered only when there is an express or implied request from the club for that service to be provided. The provision of “consequential policing” outside a football match—for example, at a railway station or town centre—is currently the responsibility of the police. It is provided at their discretion and at a direct cost to them. Football clubs are not currently required to pay for that extra service, as my hon. Friend has made clear.
I appreciate that in some cases that ambiguity has led to a disparity between what a police authority estimates as the total cost of policing a football match, and what the football club actually pays. It is clear that there is considerable depth of feeling about the extent to which football clubs, particularly those in the premier league, should cover the full policing costs incurred, and there are strong arguments on both sides. The police argue that policing a football match results in extra expense, regardless of whether their presence is on the club’s “footprint” or not. The football clubs argue that the distinction is not so clear cut, and that if they neither require nor request police presence away from their “footprint”, they should not be liable for the cost of police services elsewhere.
Mr Burley
On that point, is not the distinction rather more clear-cut than the football clubs would have us believe? As I mentioned earlier, an inspector for an area with a premiership football club that holds matches on Saturdays will sit down with their team and decide to deploy a certain number of extra officers at tube stations, trains and town centres. They know how much that extra deployment will cost and that such costs are the direct result of the match that afternoon—if there were no match, the extra deployment would not be needed. It is not confusing, because the extra costs are clear-cut.
Damian Green
My hon. Friend would be right if the number of police officers needed in anticipation of a particular crowd, disorder or other problem that might require special policing measures were unambiguous. I am afraid, however, that that is not the case. The police already provide a policing service, which is their job, and deal with crime and disorder in town centres, railway stations and so on. It would be easier if the situation were as clear-cut as my hon. Friend has suggested, but I do not think that it is.
Eric Ollerenshaw
Last year, the Metropolitan police said that 18,000 police had been deployed over the year to police premiership football. Have the Government looked at the impact of that on other crimes that take place while those policemen are deployed ferrying supporters between railway, bus and tube stations?
Damian Green
My hon. Friend has made an interesting point, but the logic behind that argument is that we should stop holding big public events that might excite emotion or violence, because there will always be a knock-on effect on police costs. We have a police service so that people can go about their normal business, and for many people in this country, attending football matches is just that. I am not sure that it should be regarded as an alien imposition on the wider community.
My hon. Friend the Member for Cannock Chase made the ACPO case for full cost recovery, but football clubs play a key role in local communities and do a lot of good work in education and health. I am keen for them to remain in a position that enables them to provide those benefits to the community, and I do not want to tie them up with more red tape and obligations.
This issue will not go away, and it is clear that many people feel strongly about who should pay for policing premier league football. We must make progress on that. I recognise that the disparity between what premier league clubs are required to pay for policing and what police forces estimate the full costs to be could be interpreted as a form of subsidy. I argue, however, that that interpretation is too simplistic. It is important to remember that the provision of special police services extends beyond premier league football clubs to all organisations, both sporting and otherwise, that require such services. That includes non-profit-making local and community-led organisations, which must not be prevented from their activities by prohibitive policing costs.
Damian Green
I apologise to the hon. Gentleman, but I have little time left. Having such a wide range of parties with an interest in policing makes the situation even more complex. As a result, a solution to the case of premier league football matches cannot be reached overnight. I agree, however, that increasing the clarity and consistency of existing guidance in the light of case law—such as the recent cases of Wigan Athletic and Greater Manchester police—could help to ensure a more reasoned approach to charging for special police services. That would help reduce the prevalence of disputes between event organisers, including premier league football clubs, and police authorities, while maintaining the all-important principle of local discretion.
I reassure my hon. Friend that Home Office Ministers are considering carefully all options to ensure a mutually beneficial resolution to the problem. We are not there yet, but an increasing body of evidence will enable us to get close to a solution that I hope will square the very difficult circle, and allow our successes in policing football over the past few years to continue, so that people can carry on enjoying football just as much.
Question put and agreed to.