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Sporting Events Bill [HL] Debate
Full Debate: Read Full DebateLord Markham
Main Page: Lord Markham (Conservative - Life peer)Department Debates - View all Lord Markham's debates with the Department for Digital, Culture, Media & Sport
(1 week, 3 days ago)
Lords ChamberAs others have said, it is a pleasure to speak after such an august gathering of former Olympians, sporting legends, relatives and “Flying Fullers”. Of course, it is a pleasure to have the noble Lord, Lord Foulkes, back and making his points in his inimitable style. This really is the Lords at its best.
While I am talking about the Lords at its best, I have to add that we saw more sporting legend being created last night in the parliamentary tug of war: two noble Baronesses who are in the Chamber—my noble friend Lady Davies and the noble Baroness, Lady Shah —won against the House of Commons MPs. There has been much talk today about other sporting events that should be included. I think we saw another one last night that should be included in this legislation.
As many have said, sport has been central to our national story. Football, rugby, cricket, tennis, golf, squash, darts, snooker—the list goes on—were all invented in the UK. We built Wimbledon, Twickenham, Lord’s and Wembley: cathedrals of competition; places where the human spirit is tested and celebrated in equal measure. From Roger Bannister breaking the four-minute mile on a track in Oxford, to the golden summer of 2012 when London showed the world how to host the Games with grace and greatness, this nation has a sporting tradition that is the envy of the world. It is precisely because we cherish that tradition that we must get this legislation right. It is in that spirit that the Opposition will approach the Bill.
Like everyone in the Chamber today, we support the purpose of this Bill. We recognise that many of the provisions stem from requirements put in place by UEFA, FIFA, the IOC and other governing bodies, but while supporting the intention of the Bill, we, like the noble Lord, Lord Mann, and my noble friend Lord Hayward, have concerns about the chosen route to get to the final destination. The most fundamental concern is that this is skeleton legislation. I understand the intention behind having such a framework, but there are many things that we do not know.
As others have mentioned, the Bill does not tell us which sporting events will be designated. We have broad criteria, but we do not have the full details. We know the Government have at least two events in mind, the Euros in 2028 and the bid to host the FIFA Women’s World Cup in 2035, but we do not know which other events might be included in the future. The noble Lord, Lord Addington, mentioned the men’s Rugby League World Cup. As a rugby supporter, I say to the noble Lords, Lord Foster and Lord Addington, and my noble friend Lord Hayward that the Rugby League World Cup has been hosted in the UK seven times. The Rugby World Cup has been hosted quite a few times and will be in the future. That is a frequently regularly occurring event that definitionally would be ruled out by this Bill. I think we would all say that we want these major events to be included in the Bill, and we want the UK to be bidding for them.
The Cricket World Cup is another example, even if it does expose us to being beaten by the Germans, as the noble Lord, Lord Barber, said. As my noble friend Lady Evans, the noble Baroness, Lady Nye, and the noble Lord, Lord Addington, set out, there are also concerns about those sporting sectors and cultural events that will not be covered by the Bill: Wimbledon, the Open and the British Grand Prix, to name just a few. Why do the Government believe that they should not receive the protections that we have seen from ambush marketing, for example?
The Bill states that the event must be of significant international interest and gives a few examples, but it does not set out clearly how these tests will be applied in practice. How large will an event have to be to be considered? How many spectators and visitors will be required? How will the Government determine the scale and reputation of an event? These are all questions that need answering.
Nor do we have an idea about the length of time the regulations could be applied for, the scope and the size of possible event zones or the exceptions to advertising and trading offences. Many of these crucial details will be left entirely to Ministers, despite the concerns set out by many about the impact on local traders, as mentioned by my noble friends Lord Fuller and Lord Young among others.
A future Secretary of State could designate events that Parliament never contemplated when passing this legislation. We are writing a blank cheque and trusting future Governments of whatever complexion to fill in the amount responsibly. That may be an act of faith, but it is not an act of scrutiny, and, as we all know, scrutiny is what we, the Lords, do best.
The current approach is to pass bespoke legislation when needed, such as the London Olympic Games and Paralympics Games Act 2006, the UEFA European Championship (Scotland) Act 2020 and the Birmingham Commonwealth Games Act 2020. There are many benefits to this. It allows for greater specificity, with legislation that mirrors the unique requirements of the event and, crucially, it means that Parliament can better scrutinise the Government’s intentions. There is a risk that this vague framework will not be specific enough for individual events, meaning that additional provisions may very well—almost definitely—be needed to be made for those future events, but, as asked by the noble Lord, Lord Mann, when this happens, what scrutiny will be in place for them?
When it comes to Committee, we will be tabling amendments to probe and clarify the scope and scale of those powers. For example, the UEFA European Championship (Scotland) Act 2020 contained a specific exemption from the ticket touting offence for charitable auctions, recognising that legitimate charitable activity is categorically different from commercial touting for profit. Also, as my noble friend Lord Fuller and the noble Lord, Lord Wood, set out, there are legitimate fan-to-fan ticket exchanges that should be considered that add to the access available for spectators to go to see the game. This Bill contains no such provisions. Indeed, every exception is left to the Secretary of State to specify in regulations. That is an unsatisfactory arrangement. Parliament should not leave to regulations what it can and should write into the Bill. We will be pressing for possible exemptions, particularly a charitable exception to be included in the Bill. I was also taken very much by the points made by my noble friend Lady Davies about the importance of free-to-air TV coverage of these events.
There is a notable absence of any time limit on the duration of regulations implementing this framework. Once a designation is made and regulations are laid, Ministers may keep them in place for as long as they see fit. This is novel. Section 16 of the Birmingham Commonwealth Games Act stated that the trading offences could begin only 21 days before the Games began and must end five days after the Games ended. The Euro 2020 Act stated that the provisions could be in force only from 1 June to 12 July.
We suggest that the Government consider a maximum time limit for the regulations to be in effect, to ensure that the restrictions put in place are not in place unnecessarily. Many noble Lords have mentioned that the richness of the event is about seeing local traders. I say to the noble Baroness, Lady Shah, that I had the privilege—Chelsea lost, so the dubious privilege—of going to the FA Cup final the other day. I thoroughly enjoyed drowning my sorrows with my family afterwards in many of the fine establishments around the area. That added to the richness of the experience for me. We need to think carefully about making sure that this richness can be included or, if it is ruled out, that it is for the minimum time necessary to fit the requirements of the IOC or other bodies.
We must be cognisant of the impact of large sporting events on local communities. Of course they bring enormous benefits, but there are also costs. Competition organisers and local authorities should be duty bound to ensure that full clean-up responsibilities are put in place when major sporting events are held. We will explore this when the Bill comes to Committee.
We cannot consider legislation designed to attract and support major international sporting events without addressing the economic backdrop against which it arrives. As set out by the noble Baroness, Lady Evans, the Government ask us to believe that Britain remains an irresistible destination for the world’s greatest sporting occasions—and so it should be. But the organisers of international events make choices, and they make them based on costs. High levels of taxation, an Employment Rights Act that has imposed new and significant burdens on employers, a national insurance increase that functions as a direct tax on jobs, and a substantial increase in the minimum wage—these are real costs that have to be borne by businesses. These businesses include the events companies, the hospitality sector, the security firms and the thousands of workers in the supply chains that make a major sporting event function. Britain’s attraction as a host depends not only on our sporting heritage and our infrastructure but on the commercial viability of operating here.
The Government cannot simultaneously proclaim this Bill as a statement of ambition for British sport and pursue policies that make Britain a more expensive and more regulated place to do business. The two are in tension, and Ministers have to explain how they intend to resolve it.
Finally, as many noble Lords have mentioned, we must address the question of scrutiny. Regulations implementing this framework will use the affirmative procedure, but only the first time. Any subsequent regulations amending or extending the regime will use the negative procedure. In other words, Parliament will scrutinise the framework once; after that, Ministers can modify it with no requirement for approval. Your Lordships will know that this is a significantly weaker arrangement than that provided for in the Olympic Games Act in 2006, which required the affirmative procedure for all such regulations. There is no principled reason why the standard should be lower for this Bill than it was for that previous legislation. If regulations are significant enough to require parliamentary approval once, they remain significant enough to require it subsequently.
At its heart, the Bill is about protecting fans, maintaining the integrity of access to events and giving our country the best chance of winning the right to hold those competitions. On these aims, the Opposition are united with the Government. But good intentions do not excuse the need for proper scrutiny. We owe it to the fans in the stands, the charities seeking to raise funds and the businesses that make these great occasions possible to get the details right. We will work constructively in Committee to improve the Bill. I look forward to the debates ahead.