(2 weeks ago)
Lords ChamberMy Lords, let me first say that, like all sensible Scotsmen, I will be supporting England tonight. I can tell the noble Lord, Lord Addington, that soccer is my main interest, as a former chairman of Heart of Midlothian Football Club, so I have a particular interest this evening.
I support this amendment for all the reasons I gave at Second Reading and for the excellent reasons put by the noble Baroness, Lady Evans, in her speech. However, I have had an opportunity over the last few days to discuss this issue with my noble friend the Minister. She has assured me that this will be looked at over the Recess and sympathetic consideration given to the points in this amendment. Accordingly, I hope that we will not divide the House this evening, because we want to look forward to finishing before the witching hour, as we all know.
I support all the amendments in this group, particularly Amendment 13, in the name of my noble friend Lady Evans. She made an eloquent speech but, really, she covered the issue in three words: opportunity, not obligation.
“It’s coming home”, my Lords. These events are already here, year in, year out, delivering sporting, economic, social and place-based growth, one might say. The very definition of a framework and enabling legislation is opportunity, not obligation.
My Lords, on Amendment 6, tabled by the noble Lords, Lord Parkinson of Whitley Bay and Lord Markham, I am sure that your Lordships’ House will be pleased to hear that the Bill already goes further than the amendment proposed. Within the provisions in the Bill, advertising and trading provisions can be in place for no more than 10 days before the beginning of an event and no later than five days after the event concludes. I hope that these clear limitations in the Bill will reassure noble Lords.
Amendments 7, 50 and 51, tabled in my name, seek to ensure that all regulations applying the framework provisions are subject to the affirmative procedure, except in urgent cases in which the “made affirmative” resolution procedure would be used. In bringing forward these government amendments, we have listened to the concerns of the House, noting Amendments 8 and 9, tabled by the noble Lords, Lord Parkinson and Lord Markham, and the recommendations of the Delegated Powers and Regulatory Reform Committee. These amendments ensure that Parliament can debate regulations, while preserving flexibility to accommodate unforeseen and last-minute changes. I hope the amendments tabled in my name reassure noble Lords of the importance we place on ensuring appropriate parliamentary scrutiny, while providing some flexibility to accommodate unforeseen changes.
Amendments 10, 11, 12 and 13 were tabled by the noble Lord, Lord Addington, my noble friend Lord Foulkes of Cumnock and the noble Baronesses, Lady Evans of Bowes Park and Lady Grey-Thompson. The noble Lord, Lord Holmes, summed it up when he said that we have a huge number of events in this country already. However, this Government recognise there is more we can do to support the whole major events sector. I can confirm today the Government’s intention for the major events strategy to be published by the spring.
Throughout the Bill’s passage, a number of noble Lords have raised the question of whether the remit of the Sporting Events Bill could be extended to include recurrent major events in the UK. I am hugely grateful for the time noble Lords have taken to talk me through the rationale of how this could support our fabulous events, from Wimbledon to the British Grand Prix at Silverstone and the London Marathon. As the noble Baroness, Lady Evans of Bowes Park, indicated, these discussions have been hugely constructive. I have also heard directly from event organisers who are keen to explore this further, and we are continuing discussions between event organisers, officials and Ministers over the summer.
I recognise the strength of feeling on this. It is not always the case that a Government Minister is told to expand the scope of a Bill, and we recognise that the sentiment behind this is one of support for events in this country. I reassure the noble Lord, Lord Addington, that the Government see merit in exploring the idea further. As my noble friend Lord Foulkes said, we are committed to continuing the conversation over the summer with noble Lords and event organisers. However, I regret that, at this point, I cannot commit to a specific outcome for these discussions. There are a number of considerations we need to work through carefully, particularly around how proportionate it would be to potentially restrict fair competition for small businesses on an ongoing basis and, for instance, who would enforce regulations.
I understand there is concern that events such as the Rugby League World Cup or the Women’s T20 World Cup would be out of scope. Noble Lords will appreciate that the nature of the framework means that we expect particular events to be considered on a case-by-case basis. I reassure your Lordships’ House that we expect both cricket and Rugby League World Cups to be exactly the type of events that could meet the conditions. I recognise noble Lords’ good intent in relation to this matter, but I am keen that we get this right and make sure that any potential unintended consequences are considered before we make a decision in this regard.
On Amendments 41 and 42, in the names of the noble Lords, Lord Parkinson and Lord Markham, the Government fully agree that, when it comes to public funds, transparency and accountability are non-negotiable. However, these amendments are unnecessary. There are already robust mechanisms in place. The supply and appropriation legislation enables Parliament to debate and approve spending plans, including allocations for major sporting events. As an accounting officer, the DCMS Permanent Secretary is accountable to Parliament to ensure departmental spending on major sporting events meets the Managing Public Money principles of regularity, propriety, value for money and feasibility.
Over the past decade, the United Kingdom has secured and delivered almost 150 major sporting events, many with the support of government investment. Therefore, requiring such scrutiny could place a disproportionate burden on parliamentary resources and risk delaying the provision of urgent financial assistance. I therefore ask the noble Lord, Lord Parkinson, to withdraw his amendment.
Lord Fuller (Con)
My Lords, I will speak to my Amendment 18 on ticketing before alighting briefly on Amendment 31 on trading. Previously I have highlighted the iniquity of not being able to trade a ticket with a Facebook friend if you have been jilted by the person you planned to go with or if in the months between buying the tickets for yourself and Grandpa, he has died. It happens. Not only preventing that sale but fining someone £50,000 for trying it is two-tier justice. You get less for burglary.
If you have bought half a dozen tickets or fewer for a game, you get to go with your family. It does not make you part of a crime family, yet this is what the Government are saying. The Bill purports to support the fan but it criminalises those whose plans have changed while failing to go after the organisers who could do so much more to sort out ticket abuse. This part of the Bill is stuck in the past in that it fails to consider the modern ways in which fans can be protected from scammers with new techniques such as proving identity and interoperability, which automatically validates and authenticates tickets. That prevents ghost ticketing and facilitates a regulated exchange between consenting adults.
The organisers of these events have not tried hard enough to stop the bots because it suits them to carry on just as they are. They can sell out and bank the cash on day one. We all want to ensure that the fans get a fair shot at going to the game—that is common ground—but rather than sorting the problem of the bots that stand in the way of the fans at source and ensuring that multiple bunches of tickets cannot be hoovered up, this Bill gives the organisers a free pass to do what they like. It is the ultimate unintended consequence.
I have previously given the example of the FIFA World Cup ticketing fiasco—outrageous prices, empty stadiums, ghost ticketing, the 15% resale fees from a monopoly supplier and no regulated secondary market. It encourages fans to hang around the turnstiles, which is a recipe for disaster and not in the best interests of fans. If the Bill is enacted, it would aid and abet these activities and prevent the Government intervening. We would be giving FIFA the legal right to do what it wants. Let us remind ourselves: this is the organisation that rescinded a red card under pressure from President Trump, who did not think it was a foul when he did not even watch the game. These are the people being given carte blanche. It is wrong.
Nobody wants the Olympics or the World Cup more than I do, so why are the peer-to-peer sites such as StubHub or your Facebook friends to be banned instead of encouraged to participate in regulated secondary markets? Why are we handing the organisers a monopoly for their favourite chums? Why cannot anyone get their story straight on how the mechanics of ticket surrender will work?
I ask the Minister, who I know has her lines, to concede that my previous warnings about FIFA and the World Cup ticketing have proved me right. Life has not worked out as she expected because the organisers are not the good chaps she thought; they are just in it for themselves. I invite the Minister to agree and to accept my proposal in Amendment 18 to focus more on the organisers who sell the tickets rather than the innocent families who want to go to the game and buy six tickets or fewer.
I move briefly on to trading in my Amendment 31 in this group. The whole purpose of these big events is to transform local economies. In Committee the noble Lord, Lord Mann, and I made the strong case in the public interest for local traders and businesses to have some sort of economic benefit. At that stage our pleas fell on stony ground, but I am pleased now with the government amendment that says that local licensed traders will be given priority. At last, the Government have agreed with me that fans should be given the choice of consuming good local food and beer in local streets, served by local people, rather than being force-fed dismal cardboard burgers, gassy lager and overpriced tat in stadium concourses. We are agreed. We got there and, on that basis, I am happy not to move my Amendment 31.
My Lords, it is a pleasure to follow my noble friend. I think we would all agree that he has brought some of the more colourful illustrations to his amendments during the passage of the Bill. Perhaps, like me, noble Lords are disappointed that the kebab did not make an appearance today, but in the dying moments the cardboard burger did. That is something to reflect upon.
I will speak to government Amendment 16 and the related charity amendments that have been brought forward on Report. When we began this process, the Bill was deficient when it came to the operations and thus the impact of charities up and down the country. The charitable sector makes such a contribution—socially, of course; psychologically, certainly; and economically, in so many ways, to the general well-being of this nation.
The London Olympics Act of 2006 contained charitable provisions, as did the Commonwealth Games Act of 2020. We have made some good progress. I thank the Minister and all her officials for their detailed discussion between Committee and Report, resulting in these amendments, which set out significant provisions and a real commitment to what could be included in subsequent regulations. It puts charities in a far clearer, far better position. It does not just benefit charities and charitable activity up and down the country; it makes sporting events and this Bill better.
My Lords, like my noble friend Lord Holmes of Richmond and the noble Lord, Lord Addington, I welcome the movement the Government have shown on these issues, particularly in tabling Amendments 16, 37 and 38, which respond to amendments that my noble friend Lord Markham and I tabled in Committee, attempting to put exemptions for charities from a number of offences into the Bill. While I might have preferred to go about it that way, I welcome that the Government have specified that charities can be exempted from the ticket touting offence. My noble friend Lord Holmes is absolutely right about the profound benefits that charities bring in so many ways.
It is also very welcome that the Government have tabled Amendment 32 in response to concerns raised by my noble friend Lord Fuller about businesses carrying out trading activities in accordance with existing trading licences. That is an important consideration to ensure that the application of the trading provisions is fair and proportionate.
I wonder whether the Minister and her officials in the department have spoken to the Advertising Association. It has been in touch with me since Committee about some concerns that advertising firms still have, particularly about the way the Bill does not explain sufficiently—to them, at least—how the new framework will work in practice for existing advertisers and media owners. If the department has not been in contact with the Advertising Association, it would certainly be a very good idea to do so, as the Bill heads to another place, because advertisers do such an important job in sustaining the climate for sporting events big and small across these islands.
(1 month ago)
Lords ChamberMy Lords, it is a pleasure to move Amendment 60 and to speak to Amendment 96 in my name. I look forward to the other amendments in this group.
This amendment continues a theme that I began on day one of our Committee debate on the Bill: the singular lack of anything in the Bill to take advantage of all the technologies, if human-led, that have such an incredible impact for the betterment of these major and mega sporting events when we bid and bring them to the United Kingdom.
Amendment 60 in essence just seeks to put in the Bill a digital twin to be part of the transport planning for major events involving 50,000 or more spectators. This would enable a variety of technologies to be deployed to drive a far better experience for spectators, all those involved with the event, and, equally importantly, all those who are not involved but are in the locality.
I would say there are on occasion. There is so much expertise in your Lordships’ House with regard to sporting events. I have always felt that where there is a good idea, we should not be partisan, so I would not disagree with the noble Lord.
However, the measures the amendments cover are exactly the type of technical requirements that are already set out in contractual hosting agreements and specified by the event owner. This means that there is a dialogue throughout the bidding process between prospective hosts and the event owner about existing capacity and infrastructure, what is required and where improvements would need to be made. Through this, prospective hosts provide the necessary assurances to the event owner that there is or will be sufficient capacity and infrastructure in place to deliver a successful event. Ahead of this, we would also expect the national governing body to work in collaboration with the relevant local authority that is ultimately responsible for delivering these key elements. As these are already accounted for in the bidding processes, these amendments could potentially place onerous or duplicative requirements on key delivery partners. I am happy to discuss that further with the noble Lord, Lord Addington, should he wish.
Amendments 80, 81 and 82 were spoken to by the noble Lord, Lord Addington, but are also in the name of the noble Baroness, Lady Bonham-Carter. We recognise the important intent behind them; taken together, they aim to ensure that the UK maintains its ability to bid for major international events. We also recognise that the amendments aim to increase transparency around the prioritisation of and bidding for sporting events to provide more certainty to the sector. However, in our view, it is not necessary to set this requirement in statute. I reassure your Lordships that the Government are committed to ensuring that the UK continues to build on its already world-leading reputation in this field. At the risk of agreeing too often in one debate with the noble Lord, Lord Hayward, I agreed with many of the points he raised in this part of the debate.
There is a pre-existing process which sits behind those events the UK chooses to bid for, which is set out in the Gold Framework, as I have referenced previously. This also sets out the criteria against which events are assessed and prioritised. UK Sport undertakes a horizon-scanning of all the available hosting opportunities, and it undertakes feasibility work alongside formal engagement with the UK event co-ordination group, national governing bodies and local authorities twice a year to develop and agree the UK’s longlist of potential future major sporting event targets.
This hosting target list is also endorsed by DCMS. It is published online and is shared annually with the sector, as well as with cities, regions and nations across the UK, to facilitate event-hosting partnerships. This ensures transparency about our potential targets. It also aims to ensure that there is an ongoing 10-year major event strategic programming list in this regard. There is a balance to be struck, in our view, in ensuring that the UK does not hinder our competitive advantage by giving detailed insights to our potential competitors. UK Sport has also published Making Live Sport Matter, which sets out a series of guiding principles and key objectives for event hosting as the basis of a strategic framework for maintaining the country’s reputation as a world-leading host nation.
On noble Lords’ points around resourcing, UK Sport exists for exactly this purpose: to provide expertise. This includes conducting feasibility studies, including on alternative and sustainable delivery models, and evaluating the annual value of events. It also provides a range of strategic guidance and technical support to the sector. This includes a knowledge transfer programme to enhance and develop the sector’s expertise and develop collaborative and sustainable networks. We also believe it is important to retain the ability to be responsive and effective with public resources, as the requirements of bidding for and delivering major sporting events will change over time.
Amendment 96, also tabled by the noble Lord, Lord Holmes, would create a power for the Secretary of State to
“direct a qualifying person to maintain and share a cyber resilience plan … for a sporting event to which this Act applies”.
The noble Lord gave some powerful examples of the impact that cyber attacks might have, and I agree with the noble Lord, Lord Moynihan, that it is some bad actors who create the threat, which was also illustrated by the noble Lord, Lord Foster. As he says, this is potentially a very real issue. The noble Lord talked about the gizmos in traffic lights and the advantage these may give to getting home. There were those of us at the London Assembly at the time who suspected that Boris already also had that in mind—but I move swiftly on from that.
This amendment would introduce a new statutory power, together with detailed requirements about the content, maintenance and review of cyber resilience plans. The National Cyber Security Centre guidance on cyber security for major events, to which this amendment refers, recognises that cyber security arrangements and requirements will differ according to the scale, location, systems and threat environment of the event in question. Such a legally binding list may not be relevant to every major sporting event.
Finally, there is also a practical challenge of monitoring compliance here. Details of cyber security plans are typically necessarily restricted to event organisers and do not generally involve government oversight. For those reasons, I ask that the noble Lord withdraw his amendment.
My Lords, I thank all noble Lords who have taken part in this debate. Ultimately, sport is about winning, and it seems pretty clear that, in this group of amendments, my noble friend Lord Hayward won without even having an amendment in the group. That is, perhaps, how sport can go sometimes, as anybody who has played or spectated will very much appreciate. I am grateful to all noble Lords who have commented on my amendments, particularly the noble Lord, Lord Foster of Bath, who brought up gizmos—you can tell he is a scientist.
I say to the Minister that the wording may not be quite right in the amendments, but I ask her to reflect on the principles, strategies and criteria that any technology, while being technology neutral, would have to meet to achieve these objectives. Would that not be worth considering in a Bill of this type as we put it together at this stage? If we take the point of criteria, for example, you can effectively be technology neutral and largely technology future-proof because you focused on criteria and principles. It will be worth reflecting on whether some of that might be of value in the Bill.
Again, I thank all noble Lords who have taken part, and, at this stage, I beg leave to withdraw the amendment.
My Lords, in moving Amendment 68, I will also speak to Amendments 72 and 73, all of which are much shorter than my previous amendment, which was just dispatched with.
The amendments in this group, which my noble friend Lord Markham has signed as well, are intended to prevent the financial assistance provisions in Clause 25 of the Bill becoming a blank cheque that successive Governments could fill out as they see fit. To do this, our amendments require that, before the appropriate national authority grants financial assistance in connection with a sporting event, the appropriate legislature must approve that assistance by resolution. This means in practice that, if the Secretary of State wants to help fund a particular event, the House of Commons must agree to any financial commitment. When the appropriate national authority is the Scottish Ministers, the Scottish Parliament must approve the funding, and where it is a Northern Ireland department, the Northern Ireland Assembly must give its consent.
It is a long-established principle that financial measures must be subject to approval by Parliament. Erskine May says in paragraph 33.2 that the “basic constitutional principle” of financial procedure is that
“the Crown requests money, the Commons grant it, and the Lords assent to the grant”.
It continues:
“In more modern terms, the Government presents to the House of Commons its detailed requirements for the financing of the public services; it is for the Commons, acting on the sole initiative of Ministers … to authorise the relevant expenditure”.
That is the crucial point: the Government must come to Parliament, specifically another place, with proposals for the sums to be spent on each object of expenditure, and those must be detailed requirements.
Of course, there are many Bills presented to Parliament which grant the Crown a more open-ended authorisation of expenditure, but, when those Bills are considered, Members of both Houses usually pass them knowing the object of the expenditure for which they are authorising, and the sums they are authorising. The impact assessment or a briefing or explanatory note from the Government would contain the Government’s estimate of how much the measures in that Bill would be likely to cost the public purse.
The Bill before us is not a usual piece of legislation, in the sense that it seeks to create a framework for future sporting events. We do not know to exactly which events the Bill will be applied in future, nor how much financial assistance the Government of the day might wish to grant those events. Clause 25 is an open-ended financial commitment, which potentially spans many decades into the future.
It is possible, without necessarily even looking many decades into the future, to envisage a Prime Minister who is fiscally less disciplined than others. I want to make sure that we are future-proofing the Bill for all eventualities.
Of course, the Bill is not accompanied by a detailed assessment of how much money the Government propose to spend as a result of Clause 25. That is not surprising. In fact, it is perfectly understandable. The very nature of an open-ended framework Bill such as this means that it is unknowable. But, if the Government are not able to tell us how much the Bill will cost in the long term, it is not just reasonable but a clear requirement to ensure that legislative consent is required for each instance of financial assistance granted under it. That will help us to ensure proper parliamentary scrutiny of each measure and, I hope, guarantee that fiscal probity is baked into the legislation.
All that our amendments seek to do is apply a very sound constitutional principle that the appropriation of public money should be agreed to by the House of Commons, elected by the people. I hope that the Minister and other noble Lords will agree. I beg to move.
My Lords, it is a pleasure to follow my noble friend Lord Parkinson of Whitley Bay and to agree with everything that he said. I will build on his blank cheque, which was perfectly positioned phraseology. My Amendment 71 seeks to build on that in order to get the most from the moolah. If we are going to put financial assistance in place, as we do and will, it is only right and proper to make the most of that funding, to not restrict the funding and to not put issues around it that would make it less likely for us to win these major and mega sporting events. But we need to put in conditionality that will benefit the bid itself, the event and local communities and other organisations, not just at the event time but, if correctly put in place, for years and perhaps decades to come.
In no sense am I suggesting that the wording I have set out is exhaustive or covers all the issues at hand. I seek to demonstrate a sense of the threads of E, S and G running through this funding. It has to be right that local communities benefit directly from these events, because for mega events such as the Olympic Games and Paralympic Games, they put up with a lot: the bid process, the extensive build process, Games time and a significant deconstruct of all the overlay and temporary venues. They deserve, and must have, an upside during that process, at the event time and, indeed, post event. It is not just the sport that should benefit. The local community is hosting these events as well and must be included in the upside and benefits that come from that.
In my other proposed subsections, I quite rightly set out to put everything around pay gap reporting, minimum wage, procurement and supply chain in the Bill. There is so much positive impact that can be driven through the procurement and supply chain process. It is worth, at least at a principles-based level, having something in the Bill to send out the signals as to what kinds of events we want to stage in this nation: not to limit the bid, not to control and not to affect the flexibility that one needs when a governing body is bidding, but rather to enhance, sharpen and add to the bid, and to the Games and the championships experience, and to have a sense that the stadia, community, part of a city and part of our country can look forward, post Games and post event—not looking back at something that has happened in the past but taking things forward that would not have happened and would not be part of that local community were it not for the staging of that event or that Games.
It is right that we seek to get the maximum and think about what we want to say about the funding put into these events. Criteria and principles seem a perfectly acceptable way of doing this. I look forward to the Minister’s response.
My Lords, I support this amendment. But, when you have spent many years at the other end of the telescope of these large events and have responsibilities for building the kit, enabling it all to work and making sure that it integrates in those communities, the detail really matters. One of the things we managed to achieve with the London Olympics—which was in no small part to do with the noble Lord, Lord Moynihan, Lord Coe and others—was to get cross-party support for this very big event, which we knew would probably go through different Governments and Mayors of London, and actually I think we achieved that. It was a very big and long event—and, by the way, we are still building out the Olympic Park today, so it was a big thing.
It is really important that, while there needs to be responsibility for large amounts of taxpayers’ money— I absolutely get that—if we are serious about these events, there also needs to be responsibility among our political parties to get cross-party agreement very early on.
That needs to happen not only at a national level. One or two of our colleagues in east London who were involved in the Labour councils there—I mention in particular my colleague Paul Brickell, who was a Labour councillor in Newham and ended up playing the lead role in regeneration as executive director—spent a lot of time building working relationships with the five Labour boroughs surrounding the Olympic Park, which when we began had a long history of being at war with each other. There was a lot of detailed work over cups of tea to build the relationships that support events such as this.
So, although I am in favour of being very careful about the money and get all of that, if we are serious about going for these events, there is a responsibility across our political parties to build working relationships early on and come to an agreement, so that those of us on the leading edge with day-to-day responsibility to make fast decisions tomorrow will not be held up by politics being played out on them somewhere else.
(1 month, 1 week ago)
Lords ChamberI remind the Chamber of my interests. I am chair of Sport Wales, and I am also part of the Laureus World Sports Academy, which is a group of ex-athletes who come together to raise money to put back into sport.
I have my name on Amendments 3 and 4 but support others in this group. Like the noble Baroness, Lady Evans of Bowes Park, I think the Bill is too tightly defined. If we are going to bid for major games in the future, it would be useful to have in this Bill everything that we might possibly need. We have huge experience from various national bodies and organisations in this country—I have previously been a board member of the London Marathon, so I have seen that—and it would make sense to use the expertise that they have.
The noble Lord, Lord Markham, talked about transport. One of the massive successes of the 2012 Games was the transport. It was an incredible experience for disabled people. A huge number of staff were available at various train stations and interchanges. The planning for that started years ahead of the Games, thanks in no small part to the noble Lord, Lord Hendy, and the work he did when he was commissioner at TfL. These are the things that we have to get right. The world of bidding is going to change. If we get the Bill right, it sends a strong message to the international community that we take bidding for major games really seriously and it is something that we want to do.
I joined your Lordships’ Chamber in 2010 when we were considering the then London Olympic Games and Paralympic Games (Amendment) Bill. Although there was a lot of support for it at the time, that Bill was tidying up things that had happened earlier. It makes sense that if we could just slightly widen the scope and think about other measures that are needed, it would save us a lot of hassle and stress in the meantime, and it would make sure that the world knew that we are ready to bid for the biggest sporting events.
My Lords, it is a pleasure to follow my friend the noble Baroness, Lady Grey-Thompson. As it is the first time I have spoken in Committee, I declare my technology interests as adviser to the Crown Estate, Endava plc and Simmons and Simmons LLP, and as non-executive director at Avalanche BVI Inc and the Avalanche Foundation. Like the noble Baroness, Lady Grey-Thompson, it seems that I am too slow to compete with the noble Lord, Lord Addington, who never moved that quick on a rugby field. Nevertheless, he still has some pace when it comes to putting down amendments.
Before I speak to my Amendments 90, 92 and 93 in this group, I commend the remarks of other noble Lords. If this Bill’s purpose is to have a situation where we are well set when we come to bids for mega events such as the Olympic and Paralympic Games, the FIFA men’s and women’s World Cup, and so on, we need to ensure that the Bill includes everything that we can know at this stage. If we take a principles-based approach throughout, that gives us the best opportunity. As my noble friend Lord Parkinson pointed out in the form of my noble friend Lord Markham, we know now that gaps exist because we understand from 2006 the need to put in place an ODA, as it was then. As my noble friend Lord Markham said, these amendments may not be word-for-word perfect, but the principle behind them is sound. We are either doing this Bill to have everything that we know at this stage covered to put us in that pole position to host these events, or we are not. There needs to be a distinction when we are going through the Bill between adding provisions—baubling as the Government might call it—and enabling it to be full to its stated purpose. I believe that much of the debate in this group of amendments goes to that second critical point: to make the Bill as fulsome as it can be to achieve its objectives.
Amendment 90 is very much in that vein. It would exclude registered charities from the provisions of the Bill when they are acting under the restrictions of their charitable status. The amendment clearly sets out that if a charity is engaged in a commercial activity or for commercial reasons has a connection with a third party, that obviously would not be included. It also sets out the potential for government to consider a limit. If it is a mega charity, perhaps the provisions of the Bill should apply. This was an issue which we faced very clearly when we were doing the London Olympic and Paralympic Games. It is a cardinal principle when you are involved with these mega events. You have to protect and defend the rights of the marketing partners without whose funding, support and value in kind these events could not happen. It is in no sense trespassing one centimetre on the right of charitable organisations, of which we have such a flourishing community across the UK, particularly local charities, to pursue their charitable objectives without transgressing the provisions of the Bill. I look forward to the Minister’s response on that point.
Similarly, Amendment 92 looks to a social value assessment. This is not extending the provisions of the Bill; it is merely intensifying the impact that these events can have. Again, at London 2012, we looked at everything through a social, economic, environmental and cultural lens. The provisions I have set out in proposed Amendment 92 give some illustrations of social value, but they are in no means an exhaustive list. In reality, it does not impose greater restrictions on an event; it enables it to state its value, through commercial and sporting, into that wider social, environmental and inclusion potential—all positive for the games themselves. I look forward to the Minister’s response to my three amendments.
I thank the noble Lords, Lord Parkinson of Whitley Bay, Lord Markham and Lord Holmes of Richmond, and the noble Baronesses, Lady Evans of Bowes Park, Lady Bonham-Carter of Yarnbury and Lady Grey-Thompson, for these amendments. Amendments 2A, 6A, 58A, 58B and 61A, tabled by the noble Lords, Lord Parkinson and Lord Markham, would allow for the establishment of a delivery authority to prepare for and manage the delivery of a sporting event. As the noble Lord, Lord Addington, said, this is question that is worth asking. I am grateful for the opportunity to reply, and I hope I can give the noble Lord some reassurance on this point.
Although we recognise the intent of these amendments, we do not believe they are necessary. The nature and scope of delivery models for major sporting events are determined based on what is appropriate and proportionate to the needs and requirements of each specific event, including funding and the set-up of governance to support oversight. Establishing a delivery authority is one way to do this. Indeed, it is a method that the UK has relied on before, including, as a number of noble Lords noted, for the London 2012 Olympic and Paralympic Games.
However, setting up a delivery authority with the proposed powers has typically been the exception, not the rule, when it comes to delivering the major sporting events that are likely to fall within the scope of the Bill. Similarly, it is rarely necessary for delivery models to be established on a statutory basis. For example, for Euro 2028, a special purpose incorporated company was established by the five relevant football associations to deliver the event—a proportionate approach, not least because Euro 2028 is relying overwhelmingly on existing stadia and infrastructure without the need for bespoke statutory powers.
However, where a different form of oversight is rightly required, the Government can establish an appropriate delivery body subject to appropriate additional parliamentary scrutiny, as the Olympic Delivery Authority regularly was. In the case of London 2012, the delivery authority was created to take on certain powers as a result of a specific set of requirements that it had to deliver. The hosting of those Games required dedicated oversight with powers to co-ordinate different authorities, given the scale of public expenditure required, including significant investment in the construction of infrastructure such as new venues. I understand that we have seen a shift in what the IOC requires. For example, it now encourages hosts to use existing infrastructure.
In the Government’s view, these amendments are not necessary given the very limited eventualities. The requisite ability to establish delivery bodies already exists to a sufficient degree.
Amendments 3 and 4, tabled by the noble Baronesses, Lady Evans of Bowes Park and Lady Grey-Thompson, would enable the devolved Governments to apply the unauthorised association and transport provisions in the Bill. I agree with the noble Baroness, Lady Grey-Thompson, that we need to get it right. However, I assure your Lordships’ Committee that we have worked closely with the devolved Governments on the provisions in the Bill. Where the provisions are within their devolved competence, we have ensured that they can be applied unilaterally, as is the case with the ticket touting, advertising and trading provisions.
The unauthorised association provisions are reserved and are not within the devolved Governments’ legislative competence. However, they extend UK-wide. The Secretary of State will be able to apply them to events taking place anywhere in the UK, including where no part of the event is taking place in England.
The transport provisions in the Bill relate specifically to transport in England and can be exercised only by the Secretary of State. Transport is devolved, with each Government responsible within their jurisdiction. We explored whether devolved Governments wished to apply the transport provisions in their jurisdictions, and it was confirmed that they were not required.
In England, the provisions are necessary to facilitate the co-ordinated delivery of certain large-scale sporting events that require integrated planning, clear responsibilities and co-ordinated action across boundaries. For UK-wide events, transport planning is co-ordinated through established intergovernmental and operational mechanisms.
Amendment 66, tabled by the noble Baroness, Lady Bonham-Carter of Yarnbury, and the noble Lord, Lord Addington, would insert into the Bill a definition of “sporting event” to include associated events such as qualifying rounds, ceremonies, fan zones, official viewing areas and cultural events. I completely agree with the spirit of this amendment in that major sporting events are often about much more than what happens on the field of play. I thank the noble Baroness and the noble Lord for meeting to discuss this.
It is a pleasure to follow my friend, the noble Baroness, Lady Grey-Thompson, and to support all the amendments in the name of my noble friend Lord Moynihan. It is such a pleasure to have him back in your Lordships’ House. The boat is now being steered again. He made so many points that were completely on point. It is worth reiterating that there is only one city on the planet which has hosted the Olympic Games three times in the modern era, from 1896, and that is London. Another city will equal us in two years’ time, and that is similarly impressive. There will be a need to consider future bids, be they in London or in other parts of the United Kingdom.
The points that my noble friend makes are exactly right. The scale of the funding, never mind all the other issues he raised, will be of parliamentary interest, to say the least. He cites some excellent examples from other parts of the world, and he is right to celebrate the sporting ambassador who has stridden across the world for decades: John Coates, who has done so much for sport, not just for Australian sport but for world sport. My noble friend’s points to that end were very well made.
My Lords, I echo the comments of my colleagues across the Chamber in relation to this set of amendments, although I tend to disagree—or will clarify—in relation to one of the amendments. This is an enabling Bill. Surely, therefore, it should provide the opportunity, as the noble Lord, Lord Addington, has said, for major sporting events which wish to make use of the Bill—whether it is the RFU, the LTA or whoever—to be able to come forward and say to a Government, “We wish to use this Bill for the following reasons”. Surely that is the objective of this legislation.
The point has been made a number of times already that sporting frameworks change, and we cannot guarantee that the Olympic Games, European Championships, et cetera, will be the same in 15 or 20 years’ time, or whenever it may happen to be. Structures of international competition change. If ever there was an example of one—and I am surprised that the noble Baroness, Lady Grey-Thompson, did not refer to it—it is the announcement in the last few days that the London Marathon is going to move from one day to two, with the objective of having 100,000 participants.
It is about the level of attraction from around the world. Most people look at the London Marathon and say, “Oh, it’s just the London Marathon”. It is not; it is part of an international body of marathons, a set group of them. If there are 100,000 participants next year, we are going to have many hundreds of thousands of visitors. There are transport and all sorts of other implications. Surely, if this legislation is anything, it should be available to that sort of sporting evolution, because it is so positive both for this nation and for fitness in general.
I wish to make a brief observation in relation to the amendments, where they cite certain categories of people. I just ask, for reasons most people in this Chamber would recognise and which I identified at Second Reading, that where there is specific identification of women, girls, the disabled and ethnic minorities, we either use the classifications of the Equality Act or just stop at
“removing barriers to physical activity”.
I speak, as I identified on previous occasions, as the founder chairman of the world’s first gay rugby club, a structure that now has 100 clubs around the world and an international structure where we compete on a regular basis. Certainly, I know only too well the difficulties and the challenges associated with bidding and with organising international competitions, with people coming from other parts of the world.
We had the European championships in Birmingham less than a year after the Commonwealth Games. The competition, the Union Cup, was the largest sporting competition in the Midlands after the Commonwealth Games over the following 12 months. There are international competitions all the way down—they restructure and they reorganise. But I ask that we remove barriers to physical activity for underrepresented groups and stop at that point, rather than trying to cite specific examples, because we risk excluding some groups or others, and I know that is not the intention of those who have proposed these amendments.
My Lords, it is a pleasure to follow my noble friend Lord Hayward. Were I to imagine myself—as I never would—on the Bishops’ Bench, in approaching this set of amendments I would be very much reminded of the parable of the prodigal son.
The Bill rightly sets out a whole raft of provisions for mega sporting events that come to the United Kingdom on occasion. Events already listed by my noble friend Lady Evans, such as Wimbledon, the British Grand Prix, and so on, do their thing year in, year out, staging world-class events which are far greater than sporting celebrations and competitions, with economic, social and cultural benefit which goes far beyond, for example, Wimbledon, SW19.
In asserting the principles in the Bill that have to be in place when it comes to international bids, it seems odd that at least some of these provisions would not be available to those extraordinarily impactful sporting events that are the very fabric not only of our sporting nation but of our culture. I ask the Minister to consider, if not implementing these amendments, the essence behind them and to how it could be threaded into the Bill. Further to my noble friend Lord Hayward’s comments on frameworks, why would the Government not want that to be available to the sporting events that wish to avail themselves of some parts of it? Ambush marketing is ambush marketing, whether it is targeted at the London 2012 Olympic and Paralympic Games or the Wimbledon Championships every year.
Lord Fuller (Con)
My Lords, my noble friend Lady Evans and I have a lot in common—we both support Norwich City Football Club, and we show our allegiance to it—but I disagree with her in her amendments. I did not contribute to the last debate, but it is safe to say that it confirmed what I think we all know: that, while this may be an enabling Bill, if we actually capture one of these global events, we will need to have specific legislation anyway. If that is the case, we will not be doing any more than virtue signalling in the Bill. The conclusion that all the noble Lords have made is that the Bill is incomplete and half-full. I will not say that it is half-baked, but there is plenty more work to be done on it.
However, if the Bill is incomplete, I do not think that it is the right thing at all to extend it in scope to other events, because the mission creep brings politics into sport. Of course, it is very difficult to keep it there, but it brings politics into sport by law. It will prevent somebody who is interested in public discourse from having an opinion and gives them leverage over the event. It will sanitise so much of the activity that goes on around the game. It will make unlawful things that are part and parcel of what we do—certain trade, advertisements and things such as that; it stops innovation—for Wimbledon, the rugby union, the rugby league, the Grand Prix, the Open, the Test match, Premier League and, if we listen to the noble Lord, Lord Addington, cultural events such as the Proms and Taylor Swift. Where does this end?
I am concerned that, however well-intentioned it is, it could backfire. My noble friend Lady Evans talked about a gap to be filled. I see it a different way; I see this creating a chasm between the fans and the men in blazers, who want this for their own narrow purposes. We have grown the well-trusted and well-organised events of global repute that we host without the benefits of the Bill. While it is an enabling Bill and has very important new rules for traffic wardens, I am not sure that having more traffic wardens is enough in and of itself.
My Lords, it is a pleasure to follow my friend, the noble Baroness, Lady Grey-Thompson. Broadcasting is such a critical part of the sporting experience. For most people broadcast is the sporting experience. When Andy Murray was performing so fabulously on Centre Court at Wimbledon, I believe there were 15,000 seats available, yet millions could enjoy and experience that extraordinary event from the edge of their sofa. This is another area where the Bill is unfortunately silent when it comes to innovation. I believe there are solutions which can offer new paths forward to enable spectators to enjoy their favourite sport and these events through various media.
I will give two examples. I declare a previous interest in that I was deputy chair of Channel 4 Television at the time. When Emma Raducanu went all the way through to the final and won the US Open, we were able to do a deal at 24 hours’ notice with Amazon, which was the rights holder at the time, to have the US Open on Channel 4 free to air. But it is not free to air, as my noble friend Lord Hayward points out. It is a domestic UK broadcaster which was not a rights holder, but because of thinking differently, getting into discussions and a broader relationship with Amazon, it was able to secure those rights without in any sense cannibalising the rights that Amazon had paid for. A similar deal was done with England men’s cricket when it was in India that winter. I give just those two examples because they illustrate that there has to be flexibility and innovation in terms of both the deals that can potentially be done and the various media by which spectators are able to enjoy and support these tremendous events.
My Lords, very briefly, after so many events going on, free-to-air means not hidden behind a paywall. It is something you do not have to make a very big payment to. Okay, there is the licence fee. To the noble Lord, Lord Hayward, I say, “Yes, touché. Well done, good point”. But the fact of the matter is that if you do not have to specifically pay to see them, people can get to these great sporting events and, as the noble Lord, Lord Holmes, has just pointed out, you create a national memory of them, something which you can refer back to. It is the water-cooler moment that does not go away. It is a point of bonding which you do not get anywhere else.
I hope that when the Minister responds she will give us some idea about how we are going to carry on with this, because it is a changing world. The first time I discussed this, we knew it was going to be on X number of channels, and Sky was only just starting to come into it. But we have been able to watch, at least in the form of highlights. What is the defence? It is a big deal. We must make sure, for these huge events, especially when national teams or the big games come up, that we respond across the board so that people can come down. I hope the Minister can say something reassuring on this because, let us face it, it is one of the reasons why it is worth bidding in the first place. It is now beyond those who go and buy tickets and has been for a long time.
My Lords, I will speak to my Amendment 28A. The Bill usefully sets out that regulations in relation to ticket touting will be brought in for sporting events. But a number of organisations, including UK Music, are understandably asking the Government to completely fulfil their manifesto commitment. In this sense, I am coming to the issue from a similar place to the noble Lord, Lord Moynihan, although I disagree with his remedy. It is right that we should do this because we need to end exploitative ticket touting across all types of events. The noble Lord, Lord Moynihan, and I have been on the same side on this for many years.
Like many on these Benches, I am delighted at the progress that has been made on ticket touting for sports events, but I am puzzled about the wait for legislation covering music and other events. What makes it more puzzling is that music and sports events often take place in the same venues. This week, my wife will go to listen to Harry Styles; a few weeks ago, I could have gone to the same Wembley venue to watch the cup final. So I am sure that the Minister will understand why there is a measure of disappointment, particularly among music fans, event organisers and performers, none of whom derive any benefit from the current situation.
According to YouGov research commissioned by O2, online ticket touts are costing UK music fans at least £145 million a year. For some time, UK Music has been calling for legislation that includes a resale price cap to prohibit someone from reselling a ticket for more than the original ticket value, service fee limits to ensure that price caps cannot be undermined by inflated fees or hidden charges placed on consumers, and volume limits to make it unlawful to buy more tickets for an event than one individual is permitted to buy on the primary market. Taken together, those measures would create transparency for ticket purchasers and create a more level playing field for consumers.
My amendment 28A would simply require the Secretary of State to review the ticket touting provisions in Clauses 5 and 6 within 12 months of the Act coming into force and report to Parliament on their effectiveness. This review would provide an important opportunity to assess whether similar protections should be extended to the music sector and music events. I am conscious that a draft Bill is to be published in this Session, but I am also conscious that these things have a habit of slipping and falling foul of other priorities. We have yet to see the terms of the wider legislation, so can we better understand why sport has come forward first, and what makes the challenges of policing this area different or more complex for music?
Music fans face many of the same challenges as sports fans: tickets being acquired in bulk and resold at inflated prices, and genuine fans being priced out of events. The draft Bill, announced in the King’s Speech, means that music fans will continue to face inflated resale prices and unfair ticketing practices while they wait for reform. If the ticket touting provisions prove effective in the sporting context, the review should urgently consider whether comparable measures should be applied to music events, ensuring greater fairness and consumer confidence in protections. I have tabled this amendment to try to achieve a speedier route to having equity across all sporting, cultural and music events, because those who support those events—music fans, sports fans, or whatever—deserve that equality of consideration.
My Lords, it is pleasure to follow my friend, the noble Lord, Lord Bassam, and to take part in this group. I am physically and actually right behind my noble friend Lord Moynihan on these issues: it is a good provision, but it is the wrong position. It offers a solution that is fine for those critically important but few events that it will cover, but, for the vast majority, it is a tantalisingly close yet elusive solution across the rest of sport, music, culture, et cetera.
“World in Motion”, 1990; “Football’s Coming Home”, Euro 96: music and sport have always been inextricably linked, yet the Bill has not only missed the opportunity to bind these together with effective ticket touting provisions, it has also unfortunately set out a solution for the very few—which, understandably, is extraordinarily frustrating for the many. The provision is also unfortunate because it is very analogue and does not seem to speak to ticketing, touting and abuse as they are today—never mind how they will be in five, 10, 15 or 20 years’ time, when thinking about an Olympic Games and Paralympic Games bid in the 2040s.
I will speak to Amendments 27, 89, and all the amendments in my name in this group. I will start with Amendment 89, which proposes an accessible ticketing duty on all these events. For this, I use “accessible” in the broadest sense of the word. This goes to discussions that we have had in earlier groups around ensuring that we get the right principles threaded into this legislation. When we were putting together the ticketing strategy for the London 2012 Olympic and Paralympic Games, all the weight of history was on us: all the rules, structures and expectations of what had gone before at all the previous 29 Olympic Games. Of course, there was a lot of good and a lot to follow in that, but, equally, we were the first people to be delivering an Olympic Games and a Paralympic Games in London in 2012. We not only took that incredibly seriously but took it for what it was: a once-in-a-generation opportunity. So we should seek to test, stretch and develop those principles that have been set out in all the documentation and history from previous Games.
Ticketing was a clear example of this, and it is one that I brought out in my amendment. We wanted hundreds of thousands of schoolchildren to have the opportunity to come to the Olympic Games and Paralympic Games and not pay a penny for their tickets, but we were also fundamentally committed to the value of the Games, the sports and the event. So we had a key principle: no free tickets. That is completely the way to structure these things. You do not drive engagement, fans and greater inclusion by thinking that you just need to give away free tickets. The way to structure it is to have tickets available to schoolchildren, as was the case in London 2012.
My amendment is broader. It would make tickets available to local organisations, to disabled people and to other groups—the list is not exhaustive—and have the face-value price of those tickets paid out of a portion of the most expensive tickets for those events. It worked effectively and inclusively at London 2012, and those people who were paying for the highest-priced tickets were delighted that part of what they were paying for was to enable hundreds of thousands of young people to come and experience Olympic and Paralympic sport, often for the first time in their lives, and certainly for the first time in their lives at London 2012. Taking a principle developed there, it would make sense to thread an accessible ticketing duty into this Bill.
On the tickets themselves, as I say, this is currently an extraordinarily analogue Bill at a time when tickets have become extraordinarily complex, more enabling and potentially exclusive in digital token form on digital ledger technologies. We have the ability to do so much more with tickets. First, we can drive out fraud and touting through having the tickets in an immutable form. Secondly, we can attach whatever we choose to that ticket. Say that somebody has particular access needs, food allergies or whatever it might be—you can put that in as part of the digital token representation of their ticket. We can make the ticket so much more powerful, inclusive and connected to the event. It could potentially drive fan engagement: tokens, merch, exclusive benefits, interviews with the players or interviews with the competitors. Whatever you choose, that is all available with ticketing technology that exists today, yet the Bill is silent on this.
My Lords, this is really a probing amendment to try to get at some of the hardy perennials, shall we say, when dealing with Bills that take on big sporting events. That is, when you have a big sporting event, you have a big advertising structure and restrictions being imposed on the local traders, which the local traders think are not fair. It sometimes gets slightly absurd. I cannot help but remember—but I am trying to forget—the Olympic kebab van that operated in the East End of London and which was restricted by the Olympic Games. It became a case of why they did not know and why there was not some smaller operation to lessen the impact on their business.
In the rest of the group, we have amendments dealing charitable situations. The situation here is about how we are going to make it a little easier for small and medium-sized businesses to operate properly within these structures. What are the duties on those organising the big events to let them know what is going to happen and mitigate any harms to them?
This amendment is a way of trying to find out the Government’s thinking on this, because it is one of those things that comes back and niggles again and again when you have a big event. I hope we can at least find out what the Government’s thinking is about how we are going to make sure that we make life a little bit easier for these small units, which should be beneficiaries, so that they actually get some benefit from this. That is all I am trying to do here. I beg to move.
My Lords, it is a pleasure to take part in the debate on this group of amendments. I will speak to the two amendments in my name. The first, Amendment 39, is incredibly straightforward and simply seeks to exclude charities from the restricted advertisement zone, as set out in the Bill. It replicates the wording from the London 2012 Act of 2006. I am very interested in the Minister’s response to that wording.
My second amendment in this group, Amendment 63, seeks a retrospective on the enforcement action to assure it from an equality and inclusion perspective. It simply sets out equality enforcement assessments so that the data is there and can be reviewed, s actions can be taken where there are disparities, and there can be learnings in real time for that event and for other events that will be hosted across the country. I look forward to the Minister’s response.
My Lords, I wonder whether I could briefly help out the noble Lord, Lord Addington. There was also a case in 2012 when a lady decided to do knitting patterns of the mascots and made a Games maker. It is incredibly important that the rights and brand of these major events are protected. I think I am right in saying that they issued her a warning for knitting one and trying to sell it at her local church. They then recognised the importance of stepping back from that, because they became hugely popular, were a lot of fun and did not impact anybody.
However, a line has to be drawn between what we are seeing quite a lot with FIFA in terms of ambush marketing versus somebody just doing something that is quite nice. There is some merit in these amendments to make sure that local businesses are protected and are able to carry out their day-to-day work without threat of legal action.
(1 month, 3 weeks ago)
Lords ChamberMy Lords, it is a pleasure to take part in this Second Reading debate and in doing so, I declare my technology interests as set out in the register—as adviser to the Crown Estate, Endava, and Simmons & Simmons.
I congratulate the Minister on the way she introduced the Bill. In its title we already have part of recent sporting heritage. If we always refer to the Sporting Events Bill by its acronym, “SEB”, that will give the right salute and respect to our colleague Lord Coe, who did so much in leading the London 2012 Olympic and Paralympic Games.
I will focus on inclusion and innovation, which, sadly, the Bill is largely silent on, yet these are the golden threads that enable sporting events of the scale and success that we saw at London 2012. Far too much in this Bill is left to secondary legislation, most of it on the negative procedure.
But to take a step back for a moment, as other noble Lords have said, when we get it right, sport goes much further than the field of play. Think about the mottos for the 1992 Barcelona Olympic Games, “Amigos para siempre”; the Paralympic Games, “Sport Beyond Limits”; and, as my noble friend Lady Grey-Thompson referred to, London 2012, “Inspire a Generation”—that is what sport can do at every level, not least at the major events and mega events.
That is what we looked to do when we started the planning journey for London 2012. We appreciated that the way to make good Games great Games was twofold: first, to have the athletes at the heart of every decision we made; secondly, to have access, diversity and inclusion hardwired into every decision right from the outset. To that end, does the Minister not agree that it would be helpful to have some of those principles set out in the Bill at this stage? It is about principles, which I do not believe would in any sense fetter the flexibility that is required when we come to the secondary legislation that goes into more of the operational detail.
There is much in the Bill on ticketing, but what of inclusive ticketing? At London 2012, we were clear: no free tickets. But we enabled hundreds of thousands of schoolchildren to experience world-class sport, often for the first time, by having the highest-priced tickets include a portion to fund those tickets that went to schoolchildren right across the United Kingdom. What about affordability, and having social and economic inclusion? What about accessibility within the ticket offer? Touting is critically important to address, but anti-touting measures in and of themselves say nothing to affordability and accessibility.
Similarly, when we planned the ticketing offering, we made sure that if you were a wheelchair user you could sit with your friends and family, which had never been possible at a sporting event before that. If you had a hearing impairment, you had a seat with direct line of sight to the video board. If you had a mobility impairment, you had a seat at the end of the row. There was an inclusive ticket offering right through the Games experience. Does the Minister not agree that there were principles there that we could see in the Bill?
On that first touchpoint, often with a major sporting event, when trying to get a ticket in the first place, so many tickets are now available only in digital form. What does the Minister think about the need for non-digital and analogue tickets, and other means for people to access tickets to these major sporting events? Does the Minister not agree that it would be helpful to incorporate all this by having an inclusive-by-design statutory objective right at the top of the Bill?
On innovation, AI and other technologies have the potential to play such a positive role when it comes to the organisation and delivery of these events—think about predictive crowd modelling, the operation of transportation, city operations, the last mile and almost every element of planning these events. Yet there is no overarching AI framework or strategy set out in the Bill. Without addressing this point, it is likely that the approaches to AI will be partial, have gaps and say nothing in terms of bias, transparency, privacy and understandability for those spectators, games organisers and people who will be participating in events that are potentially subject to AI without even knowing that AI is in the mix.
What about digital ID? It could play such an important and positive role for accessing these sporting events safely and securely. The Bill envisages the creation of a whole heap of new data, often of a personal nature. What about provisions around the storage and sharing of that data? What about interoperability provisions being set throughout many of the Bill’s provisions? Would it not make sense to have a technology future-proofing clause within the Bill that could catch all this? At the moment, understandably, the Bill is technology neutral, but it is not technology future-proofed.
Bringing inclusion and innovation together is just one example. Imagine what could be achieved through a truly inclusive personalised accessibility service for disabled people, older people, younger people and all people wanting to access these sporting events, all of whom—including all of us—will have particular needs that could be addressed through that alchemy of inclusion and innovation.
To conclude, sport has such power to inspire change—to change us as individuals, as communities, as cities and as a country. We saw it at London 2012. We see it in sport like in almost no other cultural experience in our human experience. What does that look like? To illustrate it, one example is the late, great Stephen Hawking speaking at the opening ceremony of the London 2012 Paralympics; not just talking about possibilities beyond ourselves but also talking about possibilities beyond our universe. What a way to blast into 11 days of gravity-defying, attitude-altering, opportunity-creating, world-class sport—world-class sport that changes us and that goes way beyond the stadia.
London 2012 changed us. Major events change us as a United Kingdom. Remember how we all felt in that summer of 2012? Do we not need just some of that change right now, today? Let major sporting events of the future across these shores continue to inspire future generations, and let the Sporting Events Bill play such a positive part in that change.
(2 years, 5 months ago)
Lords ChamberMy Lords, it is a pleasure to take part in the Second Reading debate. I declare my interest as a member of the board at Channel 4 and an adviser to Boston Ltd.
As the late, great David Frost had it, “Let’s talk telly”. The invention of television allows us to be entertained by people in our living rooms—by people we would not allow in our home. I can give another perspective from another David, latterly of this parish: the great Lord Puttnam, in his review of only a few years ago, pre Covid, talked about more people watching television, not necessarily on television. And finally, I refer to possibly an even slightly greater legend, Jeremy Isaacs, really defining what any channel should be shooting at: something for everyone, some of the time.
Broadcasting at its best entertains, educates and informs, but its greatest power, perhaps, is to empower change. “Mr Bates vs The Post Office”, Channel 4’s “It’s a Sin”, and indeed—why not?—the London 2012 Paralympic Games coverage, were all about driving change and enabling active citizens, communities and cities across all of our four countries that make up, at our best, our United Kingdom.
It is the mention of the Paralympic Games that takes me to the first provision in the Bill worth comment—that of listed events. It is so important in such a fractured, divided and often divisive time, particularly post Covid; it is those events that bring us together to find common chat, common conversation and common cause. So what is the plan for digital on-demand rights? If they are just stacked behind a paywall, it will be increasingly unscalable for so many in our communities right now.
On the question of “prominence” that many other noble Lords have rightly mentioned, and the choice of “appropriate” or “significant”—neither word does the trick. The Government are seeking for “appropriate” to do quite a deal of heavy lifting—more than it is capable of. Although the word is not “significant”, there are a number of legal terms which will do this job and be far more appropriate, rightly, than “appropriate”.
To turn to some of the genres themselves, others have been mentioned, but I make a play for science. If we are to be a so-called science superpower, and if we are going to enable all citizens to have an informed view and feel part of the AI future now, to understand the risks but also the opportunities, one would imagine that we would want some role from our PSBs in that journey. As the noble Baroness, Lady Kidron, rightly pointed out, if we are not going to look at those elements here, or indeed in any of the other Bills—and, as my noble friend Lord Black pointed out, we have had a few of them—we are seemingly not addressing not just an elephant but a whole algorithmic herd of elephants coming towards us. To give more than a nod to the noble Baroness, Lady Kidron, if we do not address it, we really are at the “Edge of Reason”.
Can the Minister say something more about “must offer, must carry”? How will it not turn into a mere revenue gouge for carriage?
Tuning in to radio, I am pleased to see the provisions in the Bill on a medium which has meant so much to me over so many years. But how will this work in terms of some of the current aggregator services that sit between the stations and indeed the smart speakers? Similarly, I applaud the ambition in the Bill that one can simply call a radio station on a smart speaker and, rightly, immediately it will appear. How will this work in situations such as the BBC stations, where one is required to log on and sign in? That gives nothing in terms of speed, or a frictionless, efficient service, and indeed asks questions as to why that would in any sense be necessary.
On access and accessibility, I note the provisions in the Bill around putting access service provisions for subtitles, sign language and audio description on the streamers. Would my noble friend the Minister not agree that we can go further with this, both in terms of linear and on-demand and streaming services, particularly with what technology can enable us to do with the provision and creation of these access services? It does not need to be seen as a post-production burden, or an additional cost on the programme makers, the prodcos or, indeed, the channels. If this is integrated and thought through from the outset, why not have all new programmes fully accessible to all—not least for those channels where we are all licence payers?
As other noble Lords have mentioned, we are again through this Bill putting a lot on to Ofcom. I am duty bound to ask the Minister whether he can reassure the House that it will have the resources that it needs to effectively undertake these new tasks, along with all the other requirements that have been put on it in just the last 12 months.
Finally, in a media Bill I am interested that there is no mention whatever of media literacy, media competency and all those key, important issues. I know that we discussed this at length in the Online Safety Bill, now Act—but would not one imagine a key role that the PSBs could play in fostering increased media literacy and media competency?
It is a positive Bill, and I support much of it. Prominence, provenance, trust, truth, accessibility and access services—if we want the PSB ecosystem to thrive in the decades ahead, to enable, empower and unleash all the creative talent and indeed all the individual and collective talent of all of us as citizens, we need to legislate for that. The Bill goes quite a way in doing that; fortunately, there is still plenty more for us to consider when we come to Committee.
(2 years, 5 months ago)
Lords ChamberMy Lords, it is a pleasure to follow the noble Baroness, Lady Bakewell, who has done so much for the arts over such a long period of time; and equally, to thank the noble Lord, Lord Bragg, for securing this debate. Again, he is a national treasure, a hero and a legend of our arts in this country. In doing so, I declare my interest as set out in the register as a member of the board at Channel 4. The arts excite, entertain, amuse, intrigue, shock and, yes, offend us, and all to the good. I will talk briefly about the arts’ potential to make the difference—not a difference but the difference—and to cause change.
I am reminded of a programme that the noble Lord, Lord Bragg, made decades ago, which affected me then and is still seared into my consciousness. It did not have a big blockbuster budget; it was not filmed on location; it was across the way, in a non-dressed empty studio, with two cameras and two chairs. The noble Lord, Lord Bragg, was on one chair and Dennis Potter, his life fading from him, was on the other, with a morphine flask in his hand. In that moment, with no set or and no need for graphics or any other staging, two humans discussed the power of art to change, transform and make the difference.
I have tried to take that essence into some of the things I have been fortunate enough to be involved in. When I led the team that planned and delivered the London 2012 Paralympic Games, I was absolutely seized of the necessity to drive the artistic as well as the sporting—not least because, for decades in this country, probably up to that point, sport and art had been put in some pathetic opposition where, if you funded one, you could not have the other. Like oil and water: never the twain shall meet. What nonsense. I hope that, in our small way, in 2012, we helped drive that point home, so that they would never be seen by any future Government as opposing forces.
We put on Unlimited, the largest deaf and disabled arts programme ever staged on these shores. There were great shows and exhibitions, with stand-up comedians and performers, many of whom then led or were part of the opening ceremony of the 2012 Paralympics—so perfectly put together by its directors, the sensational Jenny Sealey and Brad Hemmings. Shakespeare’s “The Tempest” ran right through the ceremony, with modern music and the national anthem—signed as well as sung. In the midst of all of that, Professor Stephen Hawking talked about possibilities not just beyond ourselves but beyond our universe. What gravity-defying, attitude-altering and opportunity-creating art and sport it was—all of it inclusive by design and accessible for each and every person who experienced it.
This leads to my one question for my noble friend the Minister, of which I gave him prior notice. How many of our cultural institutions—our museums and galleries—currently in receipt of National Lottery and/or grant in aid funding are not accessible? They are putting on inaccessible exhibitions and shows, for the want of simple accessible services such as audio description. It does not make a difference; it makes the difference between somebody being able to experience that art or exhibition or being effectively and completely shut out. As I am talking about making the difference, I ask not only how many institutions are currently putting on inaccessible shows but what my noble friend will commit the Government to doing to put an end to this.
The arts, accessible for all, is what we should all be aiming for. Accessible for all or not at all; “accessible for all” is my clarion call.
(2 years, 10 months ago)
Lords ChamberOur full impact assessment of the Birmingham Games will follow early in the new year, so I will draw out the points the noble Baroness rightly raises. The legacy of hosting these major events is manifold. There was a brilliant cultural programme that sat alongside the Birmingham Games and was enjoyed by millions of people around the world watching on television, as well as those who visited in person. That is exactly why we are so proud to host such large events.
My Lords, would my noble friend agree that it is entirely possible to have an economic model that works for Commonwealth Games, as has been seen in Birmingham, Glasgow and Manchester? Would he like to remind the House that when good Games become great Games there is an economic, educational, environmental, social, sporting and infrastructure legacy for decades to come?
I wholeheartedly agree with my noble friend and would remind your Lordships’ House that the Birmingham Games came in £70 million under budget. They brought great joy to everyone who watched them and participated, and they were done with great economic success.
(3 years, 2 months ago)
Lords ChamberI move this amendment in my name as part of a group of amendments on media literacy. I am grateful to Full Fact, among others, for some assistance around these issues, and to Lord Puttnam. He has retired from this House, of course, but it was my pleasure to serve on the committee that he chaired on democracy and digital technology. He remains in touch and is watching from his glorious retirement in the Republic of Ireland—and he is pressing that we should address issues around media literacy in particular.
The Committee has been discussing the triple shield. We are all aware of the magic of threes—the holy trinity. Three is certainly a magic number, but we also heard about the three-legged stool. There is more stability in four, and I put it to your Lordships that, having thought about “illegal” as the first leg, “terms of service” as the second and “user empowerment tools” as the third, we should now have, as a fourth leg underpinning a better and safer environment for the online world, “better media literacy”, so that users have confidence and competence online as a result.
To use the user empowerment tools effectively, we need to be able to understand the business models of the platforms, and how we are paying for their services with our data and our attention; how platforms use our data; our data rights as individuals; and the threat of scams, catfishing, phishing and fraud, which we will discuss shortly. Then there is the national cyber threat. I was really struck, when we were on that committee that Lord Puttnam chaired, by hearing how nations such as Finland and the Baltic states regard media literacy as a national mission to protect them particularly from the threat of cyberwarfare from Russia.
We have heard about misinformation and disinformation. There are issues of emerging technologies that we all need to be more literate about. I remember, some six or seven years ago, my wife was in a supermarket queue with her then four year-old daughter who turned to her and asked what an algorithm was. Could any of us then confidently be able to reply and give a good answer? I know that some would be happy to do so, but we equally need to be able to answer what machine learning is, what large-language models are, or what neural networks are in order to understand the emerging world of artificial intelligence.
Ofcom already has a duty under the Communications Act 2002. Incidentally, Lord Puttnam chaired the Joint Committee on that Act. It is worth asking ourselves: how is it going for Ofcom in the exercise of that duty? We can recall, I am sure, the comments last Tuesday in this Committee of the noble Baroness, Lady Buscombe, who said:
“I took the Communications Act 2003 through for Her Majesty’s Opposition, and we were doing our absolute best to future-proof the legislation. There was no mention of the internet in that piece of legislation”.—[Official Report, 9/5/23; col. 1709.]
There is no doubt in my mind that, as a result of all the changes that have taken place in the last 20 years, the duty in that Act needs updating, and that is what we are seeking to do.
It is also possible to look at the outcomes. What is the state of media literacy in the nation at the moment? I was lucky enough this weekend to share a platform at a conference with a young woman, Monica. She lives in Greenwich, goes to Alleyn’s School, is articulate and is studying computer science at A-level. When asked about the content of the computer science curriculum, which is often prayed in aid in terms of the digital and media literacy of our young people, she reminded the audience that she still has to learn about floppy disks because the curriculum struggles to keep up to date. She is not learning about artificial intelligence in school because of that very problem. The only way in which she could do so, and she did, was through an extended project qualification last year.
We then see Ofcom’s own reporting on levels of media literacy in adults. Among 16 to 24 year-olds, which would cover Monica, for example, according to the most recent report out earlier this year or at the end of last, only two-thirds are confident and able to recognise scam ads, compared to 76% of the population in England. Young people are less confident in recognising search-engine advertising than the majority: only 42% of young people are confident around differentiating between organic and advertising content on search. Of course, young people are better at thinking about the truthfulness of “factual” information online. For adults generally, the report showed that only 45% of us are confident and able to recognise search-engine advertising, and a quarter of us struggle to identify scam emails and factful truthfulness online. You are less media literate and therefore more vulnerable if you are from the poorer parts of the population. If you are older, you are still yet more vulnerable to scam emails, although above average on questioning online truth and spotting ads in search engines. Finally, in 2022, Ofcom also found that 61% of social media users who say they are confident in judging whether online content is true or false actually lack the skills to be able to do so. A lot of us are kidding ourselves in terms of how safe we are and how much we know about the online world.
So, much more is to be done. Hence, Amendment 52A probes what the duty on platforms should be to improve media literacy and thereby establish the reliability and accuracy of journalistic content. Amendment 91 in my name requires social media and search services to put in place measures to improve media literacy and thereby explain things like the business model that currently is too often skated over by the media literacy content provided by platforms to schools and others. The noble Lord, Lord Holmes, has Amendment 91A, which is similar in intent, and I look forward to hearing his comments on that.
Amendment 98 in my name would require a code of practice from Ofcom in support of these duties and Amendment 186 would ensure that Ofcom has sufficient funds for its media literacy duties. Amendment 188 would update the Communications Act to reflect the online world that we are addressing in this Bill. I look forward to the comments from the noble Baroness, Lady Prashar, in respect of her Amendment 236, which, she may argue, does a more comprehensive job than my amendment.
Finally, my Amendment 189 in this group states that Ofsted would have to collaborate with Ofcom in pursuance of its duties, so that Ofcom could have further influence into the quality of provision in schools. Even this afternoon, I was exchanging messages with an educator in Cornwall called Giles Hill, who said to me that it is truly dreadful for schools having to mop up problems caused by this unregulated mess.
This may not be the perfect package in respect of media literacy and the need to get this right and prop up the three-legged stool, but there is no doubt from Second Reading and other comments through the Bill’s passage that this is an area where the Bill needs to be amended to raise the priority and the impact of media literacy among both service providers and the regulator. I beg to move.
My Lords, it is a pleasure to take part in today’s proceedings. As it is my first contribution on this Bill, I declare my technology and financial services interests, as set out in the register. I also apologise for not being able to take part in the Second Reading deliberations.
It is a particular pleasure to follow my friend, the noble Lord, Lord Knight; I congratulate him on all the work that he has done in this area. Like other Members, I also say how delighted I was to be part of Lord Puttnam’s Democracy and Digital Technologies Committee. It is great to know that he is watching—hopefully on wide-movie screen from Skibbereen—because the contribution that he has made to this area over decades is beyond parallel. To that end, I ask my noble friend the Minister whether he has had a chance to remind himself of the recommendations in our 2020 report. Although it is coming up to three years old, so much of what is in that report is completely pertinent today, as it was on the date of publication.
I am in the happy position to support all the amendments in this group; they all have similar intent. I have been following the debate up to this point and have been in the Chamber for a number of previous sessions. Critically important issues have been raised in every group of amendments but, in so many ways, this group is perhaps particularly critical, because this is one of the groups that enables individuals, particularly young people, to have the tools that they—and we—need in their hands to enable them to grip this stuff, in all its positive and, indeed, all its less-positive elements.
My Amendment 91A covers much of the same ground as Amendment 91 from the noble Lord, Lord Knight. It is critical that, when we talk about media literacy, we go into some detail around the subsets of data literacy, data privacy, digital literacy and, as I will come on to in a moment, financial literacy. We need to ensure that every person has an understanding of how this online world works, how it is currently constructed and how there is no inevitability about that whatever. People need to understand how the algorithms are set up. As was mentioned on a previous group, it is not necessarily that much of a problem if somebody is spouting bile in the corner; it is not ideal, but it is not necessarily a huge problem. The problem in this world is the programmability, the focus, the targeting and the weaponising of algorithms to amplify such content for monetary return. Nothing is inevitable; it is all utterly determined by the models currently in play.
It is critical for young people, and all people, to understand how data is used and deployed. In that media literacy, perhaps the greatest understanding of all is that it is not “the data” but “our data”. It is for us, through media literacy, to determine how our data is deployed, for what purpose, to what intent and in what circumstances, rather than, all too often, it being sold on, and so on.
(3 years, 8 months ago)
Grand CommitteeMy Lords, it is a pleasure to take part in this Second Reading consideration and to follow my noble friend Lord Lansley. I congratulate my noble friend the Minister on his return to the Front Bench. He is back in physical form and was not in digital form for very long, but it is great to have him back on the Front Bench. I also congratulate him on the way in which introduced this small but incredibly significant piece of legislation.
I would like to set out the problem, the solution and the potential benefits. Before I do that, it is worth also giving thanks to all those who have got us to this stage, not least Professor Sarah Green at the Law Commission, those at the International Chamber of Commerce, not least Chris Southworth, and many others who have worked to get the Bill into condition for our consideration this afternoon. The problem is pretty simple: to have possession of goods—if they are under a bill of lading, for example—you must be able to possess that document. It is much more than a contract merely setting out terms; it is a possessive document. Possess the paper and you possess the goods. How is it possible to take this ownership into a digital and intangible, and as yet in so many ways so contested, world?
Fortunately, because of new and emerging technologies —the technologies of the fourth industrial revolution—we now have such an opportunity. I agree entirely with my noble friend Lord Lansley that although distributed ledger technology, or blockchain, currently offers great possibilities in this space, in no sense should the Bill be anything other than neutral about technologies. What we can be absolutely certain of is that a plurality of technologies will be coming through, which potentially—not inevitably—can do great service for us in this and other areas.
The solution is the legislation before us. It is the digital standards initiative, worked upon by the ICC and the WTO. That technology, not least because of its ability to enable immutability and interoperability, is why I undertook research to report on distributed ledger technology in 2017. I wanted to highlight the potential public and private good for the nation from that technology. Had I not done that, the fear, which is as clear and present a danger today as it was back in 2017, is that all too often blockchain is seen as bitcoin, which is seen by many as suboptimal. Thus all the potential public and private benefits—potential, not inevitable—of distributed ledger technology could be lost even before we got beyond proof of concept. Those three elements—legislation, standards and technology —give us the opportunities which we are discussing today.
I turn to the benefits. The economic benefits were well set out by my noble friend the Minister. There is £1.4 trillion of business in international trade in the UK currently; if just 50% of bills of lading were put in this format, there would be a £3.6 billion annual benefit for the UK. Respondents to the Law Commission’s consultation asserted a potential 5% saving in transaction cost as a result of this.
Perhaps even more important than the economic benefit, and certainly pertinent today, are the environmental benefits. The World Economic Forum calculates a 10% to 12% reduction in carbon from the logistics business if these measures are fully implemented. At the moment, if a cargo comes into Singapore, for example, without the paperwork as it is in London, someone has to board a plane to go to Singapore to deliver the document because, remember, “possess the document, possess the goods”. There is the economic waste and an environmental impact of those actions. As result of this Bill those seven to 10 days are potentially reduced to a 20-second process with no travel requirement. This could give us the transparency and accountability that we require in our supply chains. Recent history has shown us in painful ways that we do not have the supply chains we currently need or transparency, accountability and sustainability in our supply chains. This legislation could combine origin, ownership and payment liabilities in the same data ecosystem, with all actors being able to access broadly the same data for economic, social and environmental benefits.
The Electronic Trade Documents Bill is in many ways one of the most important Bills, yet currently so few people know about it. It is one of the most important Bills heard of by so few. It has the potential to eliminate over time the 4 billion-plus pieces of paper currently circulating around the world. Crucially, the Bill as drafted is rightly facilitative and permissive. It is not mandatory, and that is quite right. Does my noble friend the Minister agree that even after the passage of the Bill that means a continuing need for industry-led, government-supported efforts to ensure that we continue to provide that combination of legislation, standards and technologies to enable all in this ecosystem to avail themselves of the potential benefits which it enables?
Other issues have already been touched upon which are incredibly significant in this space. What is my noble friend the Minister’s view on where the current work is in terms of the 2025 border strategy and the technologies being deployed there, not least in the potential for atomic settlement at the border and how that could transform the experience for our traders, and on how the current work on digital ID in the UK can lead and interact internationally and ensure that there is that work on standards and that there is interoperability? It is fruitless for any nation to have tip-top digital ID if there is no interoperability. What other work is currently going on in my noble friend’s department and across Whitehall on the deployment and potential use of distributed ledger technology and all the technologies of the fourth industrial revolution? What potential problems is his department currently looking at putting such technologies to?
The Electronic Trade Documents Bill is one of the most significant pieces of legislation which most people have not heard of. It is trade-transforming, tech-enabling, economic growth-generating, carbon-cutting legislation. The UK has such an opportunity when tied to common law to lead, connect and collaborate in this space, not least across the G7, for the benefit of all nations right around the globe. I wish this legislation a safe Second Reading and swift passage into statute.
(3 years, 9 months ago)
Lords ChamberTo ask His Majesty’s Government, further to the 10th anniversary of the London 2012 Olympic Games and Paralympic Games, what additional steps they will take to stimulate the ongoing sporting, social, cultural and economic legacy from those Games.
My Lords, I beg leave to ask the Question standing in my name on the Order Paper and add that it is a privilege to ask the first Question in your Lordships’ House to His Majesty’s Government.
We have built on the legacy of the London 2012 Olympic and Paralympic Games by hosting a number of major sporting events, including this year’s Birmingham Commonwealth Games, the UEFA Women’s Euros and the forthcoming integrated Rugby League World Cups. We have also seen a number of initiatives in grass-roots sport. We are very proud to have a world-leading sports sector, and the Queen Elizabeth Olympic Park attracts over 6 million visitors a year, creating thousands of jobs and homes.
My Lords, the Lionesses this summer and the Birmingham Commonwealth Games demonstrate the continuing sporting legacy from London 2012. Does my noble friend agree that there are also continuing economic, social and cultural benefits? In his new role—I welcome him to the Front Bench for DCMS—will he spearhead the initiative from his department to ensure that, for the next decade, we continue to reap all the benefits of that golden summer of sport in 2012?
I thank my noble friend for that warm welcome. Indeed, if noble Lords will allow me, I also thank the Labour Front Bench and others for welcoming me to my new post. I look forward to working constructively with noble Lords across the House. On my noble friend’s question, he is absolutely right that it is important not only that we continue to see the social, economic and cultural benefits of hosting these events but that we learn from these events. For example, from the things that we learned from London 2012, when it came to the Commonwealth Games, we asked whether we always need brand-new facilities or whether we could upgrade existing facilities that would definitely be used by the community in the future. There are a number of lessons that we learn from each of these events.