(4 months ago)
Public Bill Committees
The Chair
Before we begin, I have a few preliminary reminders for members of the Committee. Please switch electronic devices to silent. No food or drinks are permitted during sittings of the Committee, except for the water provided. Hansard colleagues would be grateful if Members could email their speaking notes to hansardnotes@ parliament.uk. My selection and grouping for today’s sitting is available online and in the room; there will be a single debate on clauses 1 and 2.
Clause 1
Offence of unauthorised entry to designated football matches
Question proposed, That the clause stand part of the Bill.
Linsey Farnsworth (Amber Valley) (Lab)
It is a great pleasure to serve under your chairmanship, Mr Vickers. Following your guidance, I intend to speak to the whole Bill in my remarks. I thank everybody for coming along this morning; I hope that, with Members’ agreement, this former prosecutor can place a new offence on the statute books.
As the title suggests, the Bill is designed to address the issue of unauthorised entry to football matches. It creates a specific offence of entering, or attempting to enter, a designated football match in England and Wales without a ticket that the person is eligible to use. The Football Association reports that unauthorised entry to football matches causes significant operational, safety and security problems for major events at Wembley stadium, as well as football matches at other grounds across the country. Unauthorised entry commonly occurs when a person pushes through the turnstiles, often behind an unsuspecting, ticket-holding fan, which is known as tailgating, or colloquially as piggybacking or jibbing. There are often around 600 tailgating attempts per match for major events at Wembley stadium.
I recently attended the Carabao cup final with the Minister for Policing and Crime Prevention, who I am pleased is responding on behalf of the Government this morning. We were taken down to the turnstiles and within around 30 seconds we witnessed our first tailgater, with several more thereafter in the short period for which we there.
Such behaviour presents a danger not only to the stewards and security staff who seek to apprehend them, often leading to a scuffle, but to the safety and enjoyment of the fans, who should be free to enjoy the build-up to the game without the worry that this sort of incident brings. With the increased popularity of the women’s game, under the fantastic stewardship of the Lionesses, we see more and more families attending matches. In one tailgating scuffle that I witnessed, a young boy was knocked into. It is time that we take steps to safeguard fans from this sort of behaviour.
At worst, unauthorised entry takes the form of mass entry, where large crowds seek to push their way into the ground. Members may recall the disorder at Wembley stadium on 11 July 2021, during the UEFA Euro 2020 final, when an estimated 1,900 so-called fans entered without a ticket. Between 1,200 and 1,300 managed to get into the inner areas of the ground, creating further danger. Of course, unauthorised fans do not have allocated seating, and their entry to the ground, particularly when it occurs in large numbers, creates problems of overcrowding and blocking of gangways and staircases.
For me, this is of personal significance. My friends Ross and Siobhan were at the game that day. They are avid sports fans who attend many sporting events across the world. Despite usually feeling at ease in those surroundings, it was a frightening experience that day. Siobhan told me:
“We arrived Wembley around an hour before kick off…it was obvious that things were not as they should be…I felt very uneasy about the atmosphere…We went to the turnstiles, which were still very busy and there were people there without a ticket who had managed to get through the first ticket check and were asking people to let them push through with them…I’ve been to many events at Wembley that are sold out and have never seen it in such a mess. We went straight to our seats which we were able to reclaim from the people occupying them at the time and the rows were overfilled and the stairways were full of people…The place was clearly filled way past capacity…Overall I found it to be unpleasant and a potentially dangerous environment…It has put me off…attending England games and I haven’t been to one since.”
That is from an avid sports fan.
Following the 2020 final, Baroness Louise Casey was commissioned to conduct an independent review. Her report found:
“Unauthorised entry to football grounds does not attract specific enforcement measures and is unlikely to have long-term consequences sufficient to deter repetition or emulation.”
Baroness Casey’s report was, sadly, prescient. At the UEFA champions league final at Wembley stadium on 1 June 2024, there were around 1,000 tailgating attempts and three mass entry attempts by around 300 to 400 people.
At present, people gaining entry without a ticket are likely to be ejected but not to face any other consequences. Those attempting to gain entry are moved on, but will often try again and again to get in. There is no specific offence of entering a football match without a ticket. The Bill seeks to remedy that.
Clause 1 will create a specific offence of unauthorised entry to premises for the purpose of attending a designated football match, by inserting a new offence into the Football (Offences) Act 1991. The offence aims to deter people from attempting to enter stadiums without a valid ticket.
Chris Bloore (Redditch) (Lab)
I congratulate my hon. Friend on introducing the Bill; it is an honour to serve under your chairmanship, Mr Vickers. I declare an interest as a member of the all-party parliamentary group for football supporters and a proud Aston Villa season ticket holder. Can my hon. Friend explain why the Bill uses the word “premises” rather than “stadium”?
Linsey Farnsworth
I am grateful to my hon. Friend for the intervention, and I commiserate with him on his choice of football team—I put on record that Everton are a much more preferable team to follow. As Siobhan described, at the Wembley incident, fans managed to get through the first ticket check. Many stadiums, including Wembley, have a wider perimeter cordon that protects fans. The use of “premises” rather than “stadium” would allow arrests to be made and prosecutions to be brought if someone went through that first cordon, before there is danger in the stadium itself.
As a member of the Justice Committee and former Crown prosecutor, I am only too aware of the extensive court backlogs, particularly in the Crown court. The offence in the Bill is summary only, and the maximum sentence is a £1,000 fine; it can therefore be tried only in the magistrates court. The offence strikes a balance by ensuring a sufficient deterrent against tailgating and mass entry while not adding to the court backlog. The stronger deterrent, however, is that a conviction for an offence is likely to lead to a court-imposed football banning order, which would prevent a person from attending football matches for between three and five years, with a potential prison sentence if the banning order is not obeyed.
The Bill encompasses the designated matches set out in orders made under section 1 of the Football (Offences) Act 1991. Currently, those are matches in the premier league, the championship, leagues one and two, the national league, the women’s super league and championship, the Cymru premier league, and international fixtures held in England and Wales.
Amanda Martin (Portsmouth North) (Lab)
It is a pleasure to serve under your chairmanship, Mr Vickers. I declare my interests as a season ticket holder at Portsmouth football club and as an elected member of the board of Pompey Supporters’ Trust. I thank my hon. Friend for introducing the Bill. I understand the need for it, but members of the public buy tickets not only for football matches but for other large events, such as other sporting or music events. Why is she seeking to change the rules only for football?
Linsey Farnsworth
I thank my hon. Friend for her attendance today; she is a real champion for her football team and her constituency, and I am sure that they will be grateful for her attendance. She raises a valid point: this offence could apply to other sporting events. Sadly, there have also been tragic incidents at music festivals, such as at the O2 Academy. However, the legislation is being introduced as a private Member’s Bill, and in order to effectively change the law through this mechanism it needs to be quite contained in nature. When I went to Wembley and spoke to the police and staff there, they indicated that football was a type of event where this regularly happens. That is where the risk lies, particularly at the most competitive games. It could equally apply to other types of event if the Government saw fit. The staff at Wembley voiced concerns about some of the upcoming sold-out gigs; I will not mention the band in question, but if I could get tickets, I would—but I will not be tailgating at that event.
I served on the Public Bill Committee for the Terrorism (Protection of Premises) Act 2025—commonly known as Martin’s law—which received Royal Assent on 3 April this year. Although that Act deals with a different type of threat to the public, and is a different type of safety measure, it is clear that this Government are keen on keeping members of the public safe at all kinds of events. I hope that Parliament considers whether the Bill could be the start of greater protections at other events, as suggested by my hon. Friend the Member for Portsmouth North.
Clause 1 provides a number of defences. A defendant can show that he or she had lawful excuse or authority to enter or attempt to enter the premises for a specific purpose. That would cover, for example, employees, journalists and emergency workers at the ground. It is also a defence if a person entered through an entry point normally used for spectators while believing that they had a ticket for the match when they did not. In other words, it is a defence to show that that person unwittingly held a counterfeit ticket. The Bill is not about villainising football fans, and this defence acknowledges that fans are sadly sometimes duped by unscrupulous ticket fraudsters.
The final defence is using a ticket that the defendant was not entitled to, for example, an adult using a child’s ticket. There is a defence for that, because in those circumstances there would be a reserved seat, so the safety issue is not fair. Again, that demonstrates that the Bill is about the safety and safeguarding of football fans.
It is a pleasure to serve under your chairmanship, Mr Vickers. I declare my interest as a season ticket holder at Tottenham Hotspur, both home and away—I suffer, yes. The hon. Lady is rightly referring to match tickets. The vast majority of premier league clubs have now moved to digital tickets, so that individuals have to produce a smartphone of some form. Those digital tickets can also be transferred to other people. Will the hon. Lady make it clear that the Bill applies to digital tickets as well as physical, printed tickets?
Linsey Farnsworth
The hon. Member is absolutely correct that in the modern day not many people have paper tickets. The Bill will apply equally to the electronic version, so I am grateful to him for allowing me to clarify.
Mr Paul Kohler (Wimbledon) (LD)
It is a pleasure to serve under your chairship, Mr Vickers. I have read paragraph 19 of the explanatory notes, but given the physicality of the description in the Bill, what is the legal justification for saying that it also covers electronic tickets? We can assume that it does, but I can see a defence barrister making a lot of the physicality in the description in proposed new section 1A(4) of the 1991 Act. There must be some legal reason why we can say absolutely that that description includes electronic tickets.
Linsey Farnsworth
Proposed new section 1A(4) of the 1991 Act says:
“‘match ticket’ means a ticket or other thing (whether in physical or electronic form),”
so I think that is expressed in the Bill, but I am grateful to the hon. Member.
Baroness Louise Casey, in her report following the Euro 2020 final, concluded that the events of that day could have resulted in a tragic loss of life. Given that England, Wales, Scotland, Northern Ireland and the Republic of Ireland are set to jointly host the Euro 2028 competition, the time for this Bill to pass is now. I urge the Committee to support the Bill, which is backed by major football bodies, such as the English Football Association and the Football Association of Wales. I thank both bodies for their assistance. The Bill is also supported by His Majesty’s official Opposition and the Government.
I extend my thanks to Lord Brennan of Canton, the former Member for Cardiff West, whose version of the Bill ran out of time at the last general election. The work he did as the original sponsor to get the Bill through this place in the last Parliament has undoubtedly made my job much easier. If the Bill moves beyond Committee stage today and passes Third Reading in this House, we both hope that he will be able to oversee its passage through the House of Lords, in what I am advised could be a unique parliamentary example of starting a Bill in one House and finishing in another.
It is fitting to end with the remarks of Lord Brennan in a previous debate:
“By allowing the Bill to be reported, we can send a resounding message that such conduct as was seen at the Euro 2020 final will not be tolerated, emphasising the importance of ensuring safety and security when attending football matches. The legislation reaffirms our dedication to the wellbeing and integrity of football, and restores our collective duty to tackle the challenges confronting the sport. It upholds the role of the sport as a unifying force in our society. I urge hon. Members to endorse the Bill, including the amendment, thereby contributing to the enhancement, safety and enjoyment of football matches for all.”––[Official Report, Unauthorised Entry to Football Matches Public Bill Committee, 8 May 2024; c. 6.]
I could not have said it better myself.
Chris Vince (Harlow) (Lab/Co-op)
It is a pleasure to serve under your chairmanship, Mr Vickers—it feels a bit like a reunion of the Backbench Business Committee. I thank my hon. Friend the Member for Amber Valley for bringing the Bill back to the House. As has been mentioned, the issue was raised in the previous Parliament, and I am hopeful that we can continue to have cross-party agreement on it.
I declare an interest, as a supporter not of a premier league team or even a championship team, but of a non-league football team, my beloved Harlow Town, both at home and away. Not all football clubs are full of cash to make multimillion-pound signings, and people jumping barriers can have a huge impact on a club’s finances—notice that I use the word “people”, and not “fans”.
Although support for the Bill ultimately comes down to a question of safety, as my hon. Friend has correctly outlined, I want to talk briefly about the issue of fairness. There should absolutely be consequences for those who try to enter a football ground without a valid ticket. Many people in Harlow and beyond pay good money for football tickets. They work hard all week and going to watch a football game is something that they, like me, enjoy. They should be able to do so in a fair way, and it is not fair that others do so without paying for a ticket.
Even non-league football clubs impose a maximum capacity, and they do so for safety reasons. It is important that clubs know how many people are at a game and can stop people entering, particularly those who have previously displayed poor or unacceptable behaviour.
I will keep my remarks short, but once again I thank my hon. Friend the Member for Amber Valley for bringing the Bill forward. I hope it will give confidence—to those who give up their time, voluntarily in non-league cases, to man the turnstiles and do all the other things at football grounds that bring the community together—that people will not be able to get away with tailgating, and that only those with a correct ticket will be able to enter the ground.
Linsey Farnsworth
I think I have got to the bottom of it. The Bill that has been printed for the Committee today is the old Bill, which has since been slightly amended to deal with that very point. That is why there is confusion, because I have a copy of the new version of the Bill.
It is a pleasure to serve under your chairmanship, Mr Vickers. I congratulate the hon. Member for Amber Valley on bringing forward this Bill, and on speaking so eloquently. This is not just about people being able to enjoy football matches, but also about safety and preventing serious injury and—God forbid—in the worst cases, death. I would like to declare that I am a very tortured Manchester United fan—I see some heads shaking in disapproval—but I do enjoy my football. The Bill speaks to me. It would be remiss of me not to pay tribute to Baron Brennan of Canton, who introduced this Bill, albeit in a slightly different form, in the previous Parliament. The previous Government supported the Bill, and it is a pleasure to be here today to add the support of His Majesty’s official Opposition.
In 2021, like everyone around the country, I was on the edge of my seat as our heroic national men’s team came so close to bringing it home. Sadly, it was not to be, as we lost to Italy on penalties in the final. Everyone here will be familiar with the scenes at the game where fans tried to force their way into Wembley stadium. Gates were stormed, fans gained entry by tailgating through turnstiles or forcing emergency exits, and there were shocking reports of some stewards being attacked or bribed. The then Digital, Culture, Media and Sport Committee was right to label that day as a day of “national shame”.
The safety of spectators at sporting events is of the highest importance and the last Government took decisive action to help protect spectators. I hope that one day I will be able to take my children to a winning Manchester United football match—I hear the joy from the Committee as I said that—but perhaps also one day I can let them head to games on their own.
I will not dwell on the final at Bilbao, where we finally won a trophy after 17 years. My hon. Friend quite rightly refers to the events at Wembley in 2021. I live in Wembley and I was leader of the council when we got Wembley rebuilt. Not only was that particular day fraught with attempted break-ins to the game, but a huge numbers of fans congregated who did not have tickets. One of the issues that we have must look at is how fans can be dispersed before they get anywhere near a ground, rather than actually charging into it, and I hope the Minister will respond on that point.
I thank my hon. Friend for that intervention; he clearly has great experience of Wembley. That is a very fair challenge for the Minister. No parent, family member or friend should ever be worried about the prospect of their loved one getting hurt watching the beautiful game. That is why, in 2022, the previous Government amended and strengthened the football banning order regime. As a result, the Crown Prosecution Service can now ask courts for tougher penalties for online abuse involving race, sexuality or religion. Previously, FBOs could only be issued for in-person offences.
Furthermore, in November 2022, the previous Government added the possession or supply of class A drugs at football matches to the FBO regime. Following the addition, there was an increased willingness among the police to make arrests at football matches for class A drug offences. FBOs are not just about preventing troublemakers from attending matches at home and abroad involving a team from or representing England or Wales. They demonstrate that the UK has taken action to ensure that individuals involved in football-related violence and disorder can be stopped and prevented from attending football matches.
The previous Government also supported the Football Association’s commissioning of the Casey review, which highlighted the failures that took place at Wembley and recommended strengthening penalties for football-related disorder, including tailgating. I would like to pay my own tribute to Baroness Casey for her independent review of the appalling disorder that occurred during the Euro 2020 final. However, it is also important to highlight that tailgating is not the only problematic behaviour. Various other routes are used to attempt entry into football matches, such as scaling walls, climbing through windows, forcing exits and using fraudulent tickets. The fact that the Bill is drafted in a way that captures all those who are attempting to evade security measures is welcome.
I hope that the Minister agrees with me that football should be welcoming to all, and spectators at games should be safe. Those who bring disorder or evade security should not be present, and I welcome the fact that the Bill seeks to ensure that these people are prohibited from attending live matches. Everyone should be able to enjoy the beautiful game. I am pleased that the hon. Member for Amber Valley has brought forward the Bill, which I entirely welcome.
The Chair
Just before I call the Minister, I want to let Members know that the correct version of the Bill is available online, if anybody wants to double-check it.
It is a pleasure to serve under your chairmanship this morning, Mr Vickers, on this lovely June day. I start by congratulating my hon. Friend the Member for Amber Valley for bringing forward this Bill. I was also interested to note the involvement of Lord Brennan; in the previous Parliament, he nearly got such a Bill on to the statue book, and I hope he will play a part in the other place, if the Bill concludes its passage through the Commons today.
I am very grateful to the other Members who have participated in this discussion, many of whom declared their allegiance to various football clubs, some more dubious than others. Clearly, a wide range of clubs is represented and supported here today, and Members are very clear that this is an important issue that needs to be addressed. There has been a high degree of consensus, and I am very pleased to say, right at the outset, that the Government support the Bill.
As my hon. Friend the Member for Amber Valley has set out, the Bill would create a new offence of unauthorised entry or attempted unauthorised entry to elite football matches that are covered by existing football-specific public order legislation in England and Wales. I want to reflect on the fact that we are very lucky to be in the capable hands of a former Crown prosecutor in navigating this new offence through Parliament.
I also heard questions from Members about whether the Bill should have a wider application, and I will of course reflect on the comments that have been made. On the issue of the dispersal of large crowds gathering outside football matches, that is obviously an operational matter for the place and I have seen at first hand the planning that goes into dealing with those kinds of issues, but I will certainly raise the concerns of the hon. Member for Harrow East with the police when I next speak to them, particularly the Metropolitan Police.
Amanda Martin
The hon. Member for Harrow East made a really good point; there have been some developments on that issue through things such as fan zones. Fans can buy a ticket for such a zone, which is an area outside the stadium, and that allows for dispersal. It also allows fans to watch the game, particularly if they are going to Wembley. Portsmouth went a number of times and could not have all the ticket allocation, so fans could instead buy a ticket for a fan zone outside. The hon. Member is right that it is down to both club logistics and the police, but there are really good ways of letting people who do not have a ticket come and watch the game, such as in an area slightly outside the stadium.
There is obviously a great deal of knowledge on this Committee about how these things operate. As someone who is not necessarily a huge football fan, I am certainly learning a lot today about some of the measures that are being put in place to help fans enjoy the event in a safe way.
I thank the Minister for that reply to my point. The Bill quite rightly seeks to penalise those who try to gain admission to football grounds without tickets. However, it is silent on anyone who facilitates that entry, such as an individual who works for a club or stadium, or who is somehow in charge of a gate. I do not think it is reasonable for a private Member’s Bill to look at that issue, but could the Minister consider what else the Government need to do to ensure that those people are also penalised?
The Chair
Order. Just before the Minister comes back in, I want to advise Members that the new, amended copy of the Bill is now available, if anybody wants to have a closer look.
Before I deal with that point, I have some information that might help the Committee. The police have dispersal powers under section 34 of the Anti-social Behaviour, Crime and Policing Act 2014, which can be used as appropriate. That is the operational side that I was referring to. The Bill, when enacted, would stop ticketless fans from testing the stadium security, and the police have powers and public order offences that can be used if there are threatening and abusive words or disorderly behaviour. In other words, there are powers already available to the police to deal with the dispersal of fans if there is a large group. The hon. Member for Harrow East mentioned those who may be employed by the stadium who facilitate and allow such behaviour. I will reflect on that important point. There are probably offences being committed there, which I may return to in a moment.
The Chair
Before I call the hon. Member for Amber Valley to wind up, as the new copies of the Bill are now available, if any Member has an objection to proceeding to the vote, I can suspend the sitting so that they may study it.
Mr Kohler
In the original drafting of proposed new section 1A(3), it was not a defence to knowingly use a ticket that had already been used. However, under the new wording of subsection (3), it is a defence if someone uses a ticket that has already been used, even if they know about it. Is that deliberate or a flaw in the drafting?
Linsey Farnsworth
A ticket that has already been used? I am trying to remember; I think it goes back to the purpose of this change in the law and the desired effect of increased safety. If there is a valid ticket, there is a reserved seat, which is what I think the defence is getting at. The offence is being introduced to prevent overcrowding.
Mr Kohler
If someone is using a ticket that has already been used, it is an overcrowding issue, so is there a flaw in that change? The previous drafting made sense: if two people had a photocopy of the same ticket, and knowingly attempted to enter using that same ticket, that was not a defence under the original drafting, unless they reasonably believed that the ticket had not already been used. That has been removed in the final version, and I wonder whether that is a mistake in the drafting—I cannot see the logic of that.
The Chair
I think I will call Linsey Farnsworth to wind up, and perhaps she could clarify the situation before we move to the vote.
Linsey Farnsworth
Thank you, Mr Vickers. I thank all Members for their contributions today, as well as the Minister and the shadow Minister. I will return to the comments that the Minister kindly made about members of staff—
I just want to say that, if there is anything that the hon. Lady wishes to correct, that can always be done on Report.
Linsey Farnsworth
I am grateful to the hon. Gentleman, and I will look into that. I remember discussing the changes to proposed new section 1A(3) with the advisers here, and I remember being satisfied that there was good reason for them. I am very sorry that I cannot bring those reasons to mind at the moment, but I will commit to looking at that during the remaining stages of the Bill’s passage.
One of the challenges with electronic tickets is that people can print them out multiple times. When fans approach the ground, those tickets are barcoded and will be scanned, and multiple copies can be scanned to allow entry, which would mean that someone could potentially enter illegally. On Report, the hon. Lady may wish to look at a way of ensuring that making duplicates would also become an offence.
Linsey Farnsworth
I am grateful to the hon. Gentlemen for their contributions. I will commit to looking at that issue again and tabling any necessary amendments on Report, perhaps in conjunction with the Minister.
Going back to the Minister’s comments on the Fraud Act and the Theft Act, it is correct that members of staff can be charged under those offences, if the evidence allows and if the Crown Prosecution Service’s public interest test is met. With a member of staff, there is a level of trust and a duty of care to members of the public coming into the stadium. Because of that duty of care, it is more likely that an either-way offence, which takes up more time and resource in the court, would meet the public interest test than a member of the public turning up without a ticket. I think that there is already provision for those hopefully rare circumstances.
What we are trying to do with the Bill is provide a summary-only offence, with the deterrent of the football banning order, to deal with offences that are committed in much bigger volumes, while not clogging up the court system. I think the Bill strikes that balance, and there are those provisions for the prosecution of members and staff, as and when that happens. I think that is everything I wanted to cover.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clause 2 ordered to stand part of the Bill.
Bill to be reported, without amendment.
(3 months, 2 weeks ago)
Commons ChamberBefore we come to our proceedings, I remind Members of the difference between Report and Third Reading. The scope of debate on Report is the amendments I have selected. The scope of the Third Reading debate to follow will be the whole Bill as it stands after Report. Members may wish to consider those points before deciding at which stage, or stages, they want to try to catch my eye.
Clause 1
Offence of unauthorised entry to designated football matches
I beg to move amendment 1, page 1, line 6, leave out “or attempts to enter”.
With this it will be convenient to discuss the following:
Amendment 2, page 1, line 8, leave out “or attempted entry”.
Amendment 3, page 1, line 11, leave out “or attempting to enter”.Amendment 4, page 1, line 13, leave out “or attempted to enter”.
Amendment 5, page 1, line 15, leave out “or attempted entry”.
Amendment 6, clause 2, page 2, line 3, leave out from “force” to end of line 4 and insert
“at the end of the period of 2 months beginning with the day on which it is passed.”.
Many people watching and observing proceedings in Parliament will wonder whether we have our priorities right. The Bill is about unauthorised entry to football matches in particular circumstances, but I think most people are much more concerned about the proliferation of unauthorised entry into our very country, and the failure of the Home Office and its officials to do anything effective about it. In my submission, the Bill is a trivialisation of legislation by Home Office officials who should be doing other things—but I will not dwell on that now, Mr Speaker.
The long title of the Bill states that its purpose is to
“Create an offence of unauthorised entry at football matches for which a football banning order can be imposed following conviction.”
However, it is about not just unauthorised entry but any attempt at unauthorised entry. My amendments are designed to exclude from the Bill provisions relating to attempts to enter. Such attempts are less important than actual unlawful entry, and to include them in the same category is disproportionate and unreasonable. When we come on to debate other parts of the Bill on Third Reading, points can be made about the Bill more generally, but it seems to me that someone attempting to enter a football match without authorisation should not be subject to the same penalties, as set out in the Bill, as people who actually succeed in getting into a football match.
Actually, 11 July is quite an interesting date. On this very day four years ago the 2020 Euros final at Wembley stadium resulted in the unauthorised entry of thousands of fans, which caused a lot of disorder. Baroness Casey, who is an expert on producing reports, was commissioned by the Football Association to look into that issue and come forward with recommendations. In her report, which spanned more than 100 pages, she emphasised the fact that much of the disorder was nothing to do with people coming in without tickets and tailgating; in fact, a lot of it was attributed to other failures to enforce the law, in particular the taking of drugs and alcohol on public transport in London, which is verboten, and the taking of drugs in the vicinity of a football match, which should also be forbidden but was allowed to proceed with impunity. She also made the point that unlike at many football matches, what happened at Wembley was largely exacerbated by the inadequacy of the stewarding arrangements.
As a result of Baroness Casey’s report, the Home Office decided to bring forward this Bill. However, nowhere could I find in the report any reference to the fact that Baroness Casey wanted to treat attempts to enter in exactly the same way as entering, which is why I have put forward these amendments. There is no need to expand on that except to say that it is in common law. Normally, an attempt to commit a criminal offence is an inchoate action, which can itself be the subject of criminal proceedings; in those circumstances, there would be no need to have this provision written into the Bill.
It seems to me that the provisions would create a penalty that is quite severe; it could affect people’s ability to go and watch football matches for many years into the future. The presumption under the Bill—as you will know, Mr Speaker—is that if someone is guilty of an offence, they will be unable to go to football matches again as a spectator. My assessment is that that is disproportionate and unnecessary. For those reasons, I strongly oppose this aspect of the Bill, and seek through these amendments to remove references to “attempts”.
Amendment 6 is another example of where we need to try to tighten up private Members’ Bills when they are brought before this House, so that the Government do not have everything their own way. Members will know that there are four other Bills to be debated on Report this morning. All those other Bills have a commencement date, but clause 2(2) of this Bill says:
“This Act comes into force on such day as the Secretary of State may by regulations made by statutory instrument appoint.”
The question I ask is: why? Why is that necessary? Why can we not in this very simple Bill say that these provisions will come into effect either on the day of Royal Assent or within two months of that date? That would be the norm.
What sometimes happens, of course, is that the Government give themselves powers and do all the talk about supporting Bills such as this, and then never bring forward the regulations. The consequence of not having a specific timetable is that the ball is very much—to use that expression—in the Government’s court, because they can decide whether they will implement the provisions of this Bill, which has been put forward by the Home Office. I hope that when the Minister responds to this debate, he will explain why the Bill has to be introduced by regulations on a date yet to be specified. Of course, the making of regulations is in itself a further unnecessary administrative burden. I would be interested to hear from the Minister as to why the Bill is being treated differently from the other Bills the Government are hoping will get through today.
Linsey Farnsworth (Amber Valley) (Lab)
I rise to thank the hon. Member for Christchurch (Sir Christopher Chope) for his careful consideration of my Bill, although I am somewhat saddened by his suggestion that this is a trivial matter. As he himself went on to say, we saw scenes at the Carabao cup final that were very troubling and warranted a full report from Baroness Casey. She made an excellent report, with some very good observations and recommendations. Indeed, she said that there should be a deterrent effect to any recommendations that are brought in. I submit that the Bill provides just that.
I also rise to oppose amendments 1 to 6. On amendments 1 to 5 and the issue of attempted entry, attempted entry places a particular pressure on stadium security and often requires police involvement. It is often extremely crowded outside stadiums, with scuffles, struggles and chases through the crowd when people try to enter without a ticket. Including attempted entry allows law enforcement to act before the breach of a stadium occurs and that provides an additional level of security.
I was at the Carabao cup final this year. My right hon. Friend the Minister for Policing and Crime Prevention and I were taken down to the turnstiles with the police. We witnessed tailgating almost immediately. We also saw an attempted tailgating incident, which involved a man in his 70s or early 80s standing at the turnstiles shouting to the stewards for help and assistance because somebody behind him was trying to push their way into the ground. It was frightening for him. He stood his ground—I pay tribute to him for doing so—but it could have been dangerous. Indeed, it was dangerous with the amount of people who were around.
I submit that it flies in the face of common sense to release people who have a clear intention to get into a stadium. The police told me that those sorts of attempts are made repeatedly, time and time again. At the moment, the police do not have the power to arrest them. They detain them, but then have to release them. People just go back and try to get in again. It is a constant cat and mouse, as it were, and throughout that period people are put in danger from that action. To omit the offence of attempting entry would take us no further from the current position that the police find themselves in. Including attempt in the Bill gives the best chance of equipping the police to deal with this issue and keep everybody as safe as they possibly can.
On amendment 6, regarding a timescale, my understanding is that the Bill is designed to come into force via regulations so that that can be aligned with the start of the football calendar. That will ensure that all relevant organisations have time to prepare, co-ordinate and train accordingly. As a Crown prosecutor for 21 years before I came to this place, I understand at first hand the importance of allowing sufficient time for changes in legislation to be implemented, for staff to be trained and for proper resources to be put in place by the police, the Crown Prosecution Service and, most importantly, by the stadiums themselves.
I am grateful to the hon. Lady for giving way and for the diligence with which she has approached this subject, including having discussed it on several occasions with me. She says that instead of a date being specified in the Bill, regulations will be passed to bring in the provisions at the beginning of the football season. When is that? Is there a particular date?
Linsey Farnsworth
I perhaps misspoke; my understanding is that it is to align with the football calendar rather than the start of the season. Perhaps the Minister can clarify that in due course. We are now on a countdown to the start of the football season. My husband, being a season ticket holder for Coventry City FC, is very disappointed that we will be on holiday at the start of the football season in August. Obviously it is unlikely that we will get the provisions in place by then, but the important thing is to get the legislation in place in time for when we co-host the next European finals, which is in 2028. I think we should be in good time for that. A fixed date of two months after Royal Assent would be sufficient time to get everything in place.
As I mentioned earlier, the Bill has a deterrent element to it. Baroness Casey’s recommendation was to make sure that it is a proper deterrent. We need to be ready, and we need to make sure that as soon as the legislation kicks off, we send a clear message that this sort of behaviour will not be tolerated any longer and people will not be able to get away with it. I hope I have provided a thorough and detailed response that satisfies the hon. Member for Christchurch, and I respectfully urge him to withdraw his amendment.
I rise to support my hon. Friend the Member for Christchurch (Sir Christopher Chope). It seems to me that the way that he introduced his very modest amendment to remove the word “attempts” was entirely proper. I support the Bill, but I think it is quite dangerous to introduce an offence into criminal law of just attempting to enter a football ground, because it is quite difficult to gather evidence of or police that.
I assure the hon. Member for Amber Valley (Linsey Farnsworth) that I do not want to delay matters much. I will keep my remarks short, because I support the general principle of the Bill. I support making it a criminal offence to actually enter a designated football match; that is in the Bill’s long title and is something we can all agree on. Widening the scope of the Bill to include attempts to enter a ground is quite dangerous.
I assume that the amendments tabled by my hon. Friend the Member for Christchurch will be rejected, but I wonder whether it would unduly weaken the Bill if they were passed. After all, the Bill is about having a legal deterrent to crowds of people seeking to force their way into a football ground, but there may be many other ways in which people attempt to get into a football ground that are not riotous disorder and may be quite honest in intention.
When creating criminal law, it is dangerous to get into aspects of intention—mens rea, as lawyers call it—rather than, in this case, the actual legal fact of entering a football ground. If the law were not changed, someone engaging in this bad behaviour could be punished only by ejection from the stadium, but there are criminal laws of trespass and many other ways in which this very bad behaviour can be identified. When Baroness Casey identified in her review the absence of specific offences as a weakness in stadium enforcement, I am not sure whether she was referring to such minor infringements as attempting to enter a football ground. I will say more about that in a moment.
I know that the key motivation for the Bill was the Euro 2020 final and the chaos at Wembley when hundreds of ticketless individuals stormed the venue, overwhelmed stewards and endangered legitimate fans. That mass unauthorised entry posed real risks, but that was really a riot. That is quite a different situation from somebody on their own, or perhaps a father with his children, attempting to get into a football ground when they may not have a ticket. They may have been mis-sold a ticket—they may believe that they have a genuine ticket. They may have been sold, at vast cost, a ticket by a ticket tout, but apparently now they will face the full force of the criminal law.
Under the Bill, police and courts will be able to ban repeat offenders, as it makes offenders eligible for football banning orders. Those are quite serious consequences for people who may not be rioters at all; they may just be genuine football fans. We are talking about a fine of up to £1,000 and a trial in a magistrates court. I know that such cases will not go to a Crown court, but that is still a very serious matter for somebody who might just be attempting to enter a place.
We will be told by the Bill’s supporters that its enforcement is practical. I understand how entry into a football ground could be enforced, but I am unsure about enforcing an attempt to get into a football ground. Surely police and stewards need clarity. There is no point in us introducing more and more laws when we have a whole slate of traditional laws against riotous behaviour. Laws that may be difficult to enforce just bring the whole system into disrepute.
I know that football clubs, police forces and fans’ organisations largely support the Bill, but I am not sure whether they are aware just how widely it is framed. I am sure that if they could talk these matters through with my hon. Friend, they would think his amendment was a wise and moderate compromise, because people already assume that it is an offence to enter a football ground without a ticket; I agree that the Bill removes the gap between assumption and reality.
The other thing that slightly worries me is that while I can quite understand how such attempts could be dealt with by a premier league club, which has stewards and the whole panoply of a large football club, we should consider small clubs such as Gainsborough Trinity FC in my constituency. These small clubs have faced huge challenges, and we are just introducing more burdens on them. During covid, Gainsborough suspended season tickets and capped attendance at just 300.
Small clubs already have to deal with many regulations and with public health. Their finances are very marginal, and covid worsened already fragile financial situations. I hope that when we consider these undoubtedly worthy Bills—as we look at the Euros, Wembley and all the rest of it—that impose more obligations on football clubs, we remember smaller clubs.
The Football Association is not always as helpful as it can be with small clubs. Big clubs get attention and support, so it may well be possible for them to police attempts to enter, but it may be more difficult for a tiny club—a very worthy, important and wonderful club such as Gainsborough Trinity FC—to deal with the intricacies of the law and understand it.
We are talking about enforcement and police resources, and therefore the measures in the Bill should be very moderate. There would be £1,000 fines or long banning orders. Are we going to drag people before the courts? I have already talked about the father attempting an entry. Could children or young people who sneak in without harmful intent face having a criminal record? Are we really going to do that? Is that the sort of country we want to create?
We do not have a lot of data on how many attempts there are or how much unauthorised entry there is. We should acknowledge that the Euro 2020 final was exceptional. It is unclear whether making this kind of permanent legislative change, and rejecting the amendments, will solve the problem.
Linsey Farnsworth
On the data, the FA reports that approximately 600 people regularly attempt to tailgate at matches at Wembley and other competitive games at grounds across the country. It is not the odd person every now and again; people are regularly trying, over and over again, to get into football grounds. That is why it is important that “attempt” is included. Does the right hon. Gentleman recognise that?
The hon. Lady makes a fair point, but I am making a point about smaller clubs. We are here because of a political reaction to the embarrassment created by one major failure, but we cannot base good law on one major failure that was on all our television screens. We have to look at all clubs and consider all the difficulties that they would have in implementing this change.
There is a big issue with attempted tailgating to avoid paying fares on the London underground. What does my right hon. Friend think about the Bill, in comparison with what is happening on the underground?
We know that there is an epidemic of lawlessness on the underground and elsewhere. No doubt somebody will try to bring in a Bill on that as well—and good luck to them—but we are talking about a very narrow amendment and a narrowly focused Bill.
I am worried about enforcement, which may vary between clubs or regions. Fans may lose trust if they see the law being applied unevenly, and I do not know how clubs will police these attempts. It is unclear whether banning orders will lead to frequent appeals. People would be tried just for an attempt. I know that that would only be in the magistrates court, but if they faced long banning orders, could there be appeals? We have to apply the law fairly and reasonably; otherwise, it risks being a blunt instrument. Surely we should try to make this sort of Bill tightly focused.
The amendments tabled by my hon. Friend the Member for Christchurch are sensible. They would better tool the legislation towards its rightful end. First, they focus on the actual harm. By removing attempted entry from the offence, the amendments would criminalise only completed unauthorised entries—clear facts that can be understood and proven. We should target behaviour that truly compromises safety and public order.
Secondly, the amendments would ensure that the Bill avoids over-criminalisation. Criminalising failed or minor attempts could lead to disproportionate outcomes, especially for young people or first-time offenders. My hon. Friend’s amendments promote a more measured legal response.
Thirdly, the amendments would reduce ambiguity, and the great danger in law is ambiguity. “Attempted entry” is a vague standard and may vary in interpretation by stewards and police. If hon. Members try to imagine the policing of a crowded football match with people pouring in, I wonder whether they would start to agree that “attempted entry” is a vague standard and may vary in interpretation. We are talking about the criminal law. We are talking not just about somebody being ticked off or told they cannot enter the stadium but possibly ending up in court. The amendments would give a clear legal threshold for enforcement and prosecution, on the basis of which somebody can be tried and sentenced in the courts.
Order. The right hon. Gentleman is straying a little wide into different areas. As he rightly said, the Bill is quite narrow. I am sure that he will want to get back on track. This is about football, not cinemas.
I am so grateful to you, Mr Speaker; you will be grateful to hear that having made those remarks, I am drawing to a conclusion.
We have a duty to ensure that punishment is based on actual misconduct in entering a football ground, not suspicion or misjudged behaviour. Fifthly, my hon. Friend’s amendments would allow for practical enforcement. Focusing on completed unauthorised entry would help police and clubs concentrate their resources on the most serious breaches, rather than chasing marginal cases. The amendments would provide necessary implementation time. The two-month delay before commencement gives football clubs, police and stewards time to prepare for the new legal framework, reducing confusion and aiding smooth enforcement.
Finally, the amendments would encourage propor-tionality. They keep the law from becoming an unnecessarily blunt instrument and instead preserve a proportionate, targeted response to genuine requests.
Katie Lam (Weald of Kent) (Con)
I thank the hon. Member for Amber Valley (Linsey Farnsworth) for bringing the Bill forward and my hon. Friend the Member for Christchurch (Sir Christopher Chope) for his amendments. At this stage, is it correct that you wish us to speak only to the amendment, Mr Speaker? [Interruption.] Yes. We the Opposition have nothing further to add to the debate that we have had this morning.
I thank the hon. Member for Christchurch (Sir Christopher Chope) for tabling these amendments, which propose two changes. First, amendments 1 to 5 would remove attempted unauthorised entry from the scope of the offence. Secondly, amendment 6 would bring the Act into force two months after it receives Royal Assent, rather than by commencement regulations made by statutory instrument.
It is absolutely essential that the Bill explicitly covers both attempted and successful unauthorised entry. We have seen widespread issues involving ticketless fans at football matches attempting to force entry and tailgate at high-profile matches, including the 2024 champions league final, premier league fixtures and at the Euro 2020 tournament. These forms of attempted entry place significant demands on stadium safety and security personnel and, at times, require police intervention. Maintaining provisions for attempted unauthorised entry ensures that law enforcement can act before a breach occurs and thus maintain safety and security at football matches across the country. It also enables the imposition of preventive football banning orders against persons involved in attempted entry. Banning orders are an effective deterrent against those who may seek to compromise public safety.
I turn to amendment 6. The Bill is designed to allow the measures to come into force by regulation on a date shortly before the start of the domestic football season. This approach will ensure that all organisations involved in safety and security operations are prepared to implement the new offence. A fixed date two months after Royal Assent may not coincide with the football calendar or allow sufficient time for training, communication and co-ordination. I therefore respectfully ask the hon. Member for Christchurch to withdraw his amendments.
The Minister says that the Bill will come into force before the start of the football season. We heard from the hon. Member for Amber Valley (Linsey Farnsworth) that the season will start pretty soon, within four or five weeks. I assume that means the Bill will not be implemented until summer 2026—that is the clear implication of what the Minister said. If I am wrong in that interpretation, I hope he will intervene, because it is important to get it on the record that the Bill will not be in force until a year’s time.
On the issue of attempts, listening to my right hon. Friend the Member for Gainsborough (Sir Edward Leigh), I thought that I had under-egged the pudding a bit, because he adduced a whole lot of extra arguments that reinforce the case for removing attempts from the Bill. Apart from anything else, I fear that if we allow attempts to remain in the Bill, the people who are still outside the stadium and never got in will be the easy pickings—they will be the ones who get arrested and penalised, while the mass of offenders who got in without authority will get away with it—because in order for any of this to work, there has to be an arrest and a subsequent prosecution. I wish to test the will of the House in relation to amendment 1.
Question put, That the amendment be made.
Linsey Farnsworth
I beg to move, That the Bill be now read the Third time.
It is an honour to stand in the Chamber today and present this Bill for its Third Reading, particularly as a lifelong football fan. I put on record that I am a proud Everton supporter—my staff have all too gleefully reminded me that this may be the nearest thing to football-related success that I experience for a long time. Our men’s team last won a major trophy in 1995, and the women’s in 2010, so I am sure Members can imagine my delight when I saw the Amber Valley Codnor Sapphires girls under-10s team win the plate in a tournament in Heanor last Sunday. I am told that two other teams from my constituency, Sleetmoor under-13s ladies and Heanor Junior Hawks, also won trophies that day. I live in hope that Everton can follow suit and get their hands on some silverware at our new ground next season.
Football has a rich and impressive history. It bridges communities and brings people together, cutting across generational, gender-based, geographical, cultural and class divides. It is a sport of opportunity and hope that sees girls and boys who began by playing on the streets of their home towns becoming superstars and role models with platforms from which they can enact real change, as we saw during covid with Marcus Rashford’s free school meals campaign. The rules of modern football are thought to have been drawn up in 1863, not far from this place at the Freemasons’ Tavern in London. There, among other things, the somewhat important rule that carrying the ball with hands is not allowed was agreed on. Sadly, the referee seemed to forget that in the infamous 1986 world cup quarter-final between Argentina and England, in which Maradona produced his “hand of God” moment. The introduction of the video assistant referee means that today, such a goal would rightly be ruled out—not that us England fans are bitter.
As these examples show, football is in a constant state of change and evolution. It is not only right that as the sport evolves and progresses, the regulations around it adapt to reflect and facilitate those changes—it is paramount. That brings me to my Bill, which considers the issue of unauthorised entry to football matches from a fan safety perspective. It aims to ensure that proper legislation is in place to protect fans and prevent overcrowding in stadiums. As we have heard, unauthorised entry often takes the form of tailgating, also called jibbing. That is where a ticketless person pushes through the turnstiles behind an unsuspecting ticket-holding fan. Currently, if caught, tailgaters will likely be ejected without facing any other consequences; therefore, ticketless individuals can and do repeatedly attempt to gain entry to a match until they give up or are successful.
This is not a trivial matter—it has significant consequences for the fans in the stadium, and for the stewards and security staff working there. According to the Football Association, unauthorised entry to football matches results in operational, safety and security problems at major events. There are regularly 600 tailgating attempts at major games at Wembley and at grounds across the country. Occasionally, there are also instances of mass entry, where large crowds of people try to push their way into the stadium. The potential consequences of this kind of mass entry are both dangerous and tragic.
In July 2021, during the Euros final, around 1,900 ticketless individuals entered Wembley stadium. It is estimated that around 1,200 to 1,300 of those individuals got into the inner areas of the ground. Two of my friends, Ross and Siobhan, were at the match that day. They are both extremely experienced supporters of many sports, and travel to attend games at many grounds around the world. They were excited that day to watch the game, to experience at first hand the charged atmosphere of such a significant match, and to get behind their team. Unfortunately, they did not have the usual experience that they rightly hoped for. Siobhan told me:
“We arrived Wembley around an hour before kick off…it was obvious that things were not as they should be…I felt very uneasy about the atmosphere…We went to the turnstiles, which were still very busy and there were people there without a ticket who had managed to get through the first ticket check and were asking people to let them push through with them…I’ve been to many events at Wembley that are sold out and have never seen it in such a mess. We went straight to our seats which we were able to reclaim from the people occupying them at the time and the rows were overfilled and the stairways were full of people…The place was clearly filled way past capacity…Overall I found it to be unpleasant and a potentially dangerous environment…It has put me off…attending England games and I haven’t been to one since.”
My friends were not alone in feeling like that. Baroness Louise Casey was commissioned to conduct an independent review into the events of the Euros final, which she described as turning
“ a day of national pride into a day of shame”.
The report finds:
“The drunkenness, drug taking, irresponsibility, criminality, and abuse of innocent people—including staff, families, and disabled ticket holders—was shocking and intolerable.”
Baroness Casey also writes:
“There were a series of crowd ‘near misses’ which could have led to significant injuries or even death”.
She concluded:
“The existing enforcement mechanisms available to the police and other enforcement officers do not offer enough deterrent against those determined to use the cover of football matches to commit criminal offences. Tailgating, for example, should become a criminal offence. Sanctions for those breaking into football stadiums and/or recklessly endangering lives is weak.”
My Bill aims to rectify that by inserting a new specific offence into the Football (Offences) Act 1991, namely entering or attempting to enter a designated football match in England and Wales without a ticket that the person is eligible to use. The offence, as we have heard, is summary only and carries a maximum sentence of a £1,000 fine. It can be tried only in a magistrates court, which will help with the big core backlog in the Crown courts. A conviction is likely to lead to a court-imposed football banning order, preventing the person in question attending matches for between three and five years. There is a potential prison sentence if the banning order is breached.
The offence, and the banning order in particular, is intended to act as the long-term deterrent that Baroness Casey identified a need for in her report. If passed, the Bill would apply to matches set out in orders made under section 1 of the 1991 Act. As it stands, those are matches in the premier league, championship, leagues one and two, national league, women’s super league, women’s super league 2—previously called the championship—and Cymru premier league, and international fixtures held in England and Wales.
After I did an interview with Radio Derby about the Bill, I was touched to hear from my friend, and Amber Valley borough council’s longest-serving councillor, John McCabe. Incidentally, he was also probably one of the longest-suffering Nottingham Forest football club fans. He has sadly passed away since he left me a voicemail message that morning, which I still have. He opened with his characteristic greeting, “’Ey up, Linsey,” before talking about unauthorised entry in his youth. He said,
“Well done…It’s been happening for years—it used to happen when I were about eleven—they used to say ‘lift him over, he’ll be alright,’ but it’s been happening for years that Linsey.”
That “Well done” sticks with me, and his words and reflections on witnessing unauthorised entry aged 11 further demonstrate the long-standing need for the kind of reform that the Bill proposes.
I will now turn to some queries that were put to me during the Bill’s various stages. First, the Bill uses the word “premises” instead of “stadium”, to allow for arrests to be made and prosecutions to be brought against people going through the first cordon where a ticket would need to be displayed, preventing danger to the stadium itself. In Committee, the hon. Member for Harrow East (Bob Blackman) raised a concern regarding the challenges of electronic ticketing and ticket duplication as a means to illegally provide entry to matches. I thank him for his concern and assure him that that would be captured by section 166 of the Criminal Justice and Public Order Act 1994—a provision that covers the unauthorised resale of match tickets, commonly referred to as ticket touting.
Also in Committee, the hon. Member for Wimbledon (Mr Kohler) asked about the change to the wording of proposed new section 1A(3) of the 1991 Act in the version of the Bill promoted by Lord Brennan of Canton, which fell at the general election. The provision outlines proposed possible defences. Proposed new section 1A(3)(b) in my version of the Bill has been edited so that it covers cases in which a person “reasonably believed” that they had a ticket for the match but in fact did not. That is to ensure that a person who innocently buys a counterfeit ticket is not criminalised under this offence, which is specifically about fan safety and preventing overcrowding. As before, the defence also applies in relation to a person using a genuine ticket that they are not eligible to use—for example, an adult using a child’s ticket. Again, because there would already be a reserved seat in the stadium, safety would not be an issue with respect to overcrowding. The Bill, it should be clear, is about safety and the safeguarding of football fans, not villainising genuine supporters.
The hon. Member for Wimbledon wondered whether that alteration might have the unintended consequence of allowing a defence if a person used a ticket that had already been used, regardless of whether they had done so deliberately. I promised that I would raise that with the Home Office legal advisers and the Office of the Parliamentary Counsel, which I did. They confirmed that a person attempting to reuse a ticket could not be said to reasonably believe that they possessed valid authorisation to enter, meaning that the statutory defence under proposed new section 1A(3)(b) would not apply. Furthermore, in practical terms, the court is likely to interpret the provision as meaning that a person is not eligible to reuse a previously used ticket, consistent with the intent to prevent unauthorised access to football stadiums. I thank the Home Office legal advisers and the Office of the Parliamentary Counsel for their help in clarifying that matter.
Finally, let me address why the Bill deals with football matches specifically. Of course, the danger posed by overcrowding is not limited to football and is prevalent in other highly attended sporting and entertainment events; however, this is a private Member’s Bill, and as we have heard, in many instances it is best to limit them in nature if one is to successfully change the law within the prescribed timeframe.
I visited Wembley to watch the Carabao cup final with the Minister for Policing and Crime Prevention. We witnessed tailgating taking place and when I spoke to staff in the police, they suggested that football specifically was an event at which unauthorised entry regularly happens and that it poses a serious risk at the most competitive games. In the light of the upcoming Euro 2028, which I am glad to say is being jointly hosted by the UK and Ireland, it is necessary that legislation to protect fans is passed as soon as possible, so that it can come into effect and be a proper deterrent beforehand. If passed, my Bill guarantees that that would happen.
Linsey Farnsworth
I will make some progress, thank you.
Staff at Wembley also had concerns about upcoming sold-out music events. It is clear that unauthorised entry and overcrowding could pose security and safety risks beyond football, and I hope that Parliament will consider legislation that expands the logic of the Bill to address those other areas, including other big music and sport events, on another occasion.
Katrina Murray (Cumbernauld and Kirkintilloch) (Lab)
I am pleased to support this Bill. A lot of the things I wanted to say have been highlighted by my hon. Friend the Member for Amber Valley (Linsey Farnsworth). It is clear that the numbers are stark, and there is an issue. The hon. Member for Christchurch (Sir Christopher Chope) asked why this legislation is important, and I will say why and why it is personal for me.
On 2 January 1971, eight teenage boys from the village where I grew up, Markinch in Fife, travelled to Glasgow to watch an Old Firm game at Ibrox. They walked together to Glenrothes to get on their respective supporter buses. Five of them went on the Rangers bus, and three of them went on the Celtic bus. Only three of them came home. Sixty-six people lost their lives that day in a tragic crush. Just like Hillsborough years later, the trauma of that event still reverberates. The grief never truly lifts for the families, for the communities or for those who were there. The names of Ronald Paton, Bryan Todd and Mason Philip, who were all aged 14, Douglas Morrison, who was 15, and Peter Easton, who was only 13, were ones I grew up with. Their lives and loss are remembered by the friends who came home that day, Shane Fenton and Peter Lee, who have dedicated their lives to this cause and to remembering them.
Those tragedies teach us a painful lesson. Stadium crushes do not start as disasters; they begin as overcrowding, as bottlenecks and as poor control at points of entry and exit. The Bill will not change the past, but it can prevent future risks. We can make football what we all want it to be: fun—about whether your team does well or badly, something to talk about with pals. It is a part of life, but we need to make sure that we keep it safe. This is about fairness. Most fans do exactly the right thing. They queue, they pay, they are searched, and they have their teeny tiny bag that means they are not taking things in. They deserve a system that does not reward those who flout the rules. Stewards—often low paid, often young—deserve to do their job without being overwhelmed or put at risk by hundreds of people surging in unlawfully.
This Bill is not heavy-handed. It is proportionate and focused. I thank my hon. Friend the Member for Amber Valley for bringing it forward and allowing me to represent and to record in this Chamber the names of those who my community have lost. I hope that no other community has to go through that again.
Order. If Members hope to contribute, they need to bob throughout. I cannot read their minds, if they only bob towards the end.
It is a pleasure to serve with you in the Chair, Madam Deputy Speaker. This Bill is an improvement on its predecessor, and I give credit to the hon. Member for Amber Valley (Linsey Farnsworth) for that, because it allows the defence to which she referred in her earlier remarks, and that is better. I regret that she would not accept the amendments that would have removed the attempt issues, but I must say I was alarmed when she said that she hoped the provisions in this Bill would be replicated more widely in other Bills. Would that be in relation to Wimbledon or Twickenham? It seems to me that the mischief being addressed in this Bill is peculiar to soccer supporters. I am not sure about the suggestion that we need to go more widely to deal with this type of hooligan behaviour. I declare an interest as a debenture holder at Twickenham, and I have never experienced the sort of problems to which she was referring.
When I was at university, I can remember the first football match I ever went to, which was at Dundee United. I stood on the terraces, and I did not feel any danger inside the ground. The danger in Dundee was outside the ground after the event. Then, when I had the privilege of representing Southampton Itchen, I was a frequent visitor to the Dell. Again, I did not see any problems there. There were problems associated with the need to ensure crowd control, and the football club paid dearly for the costs of policing to enable that to happen. That seemed to me a sensible arrangement, because the burden of policing soccer matches was not borne only by the local constabulary and its taxpayers, but also by the club itself. As Baroness Casey’s report makes clear, the Wembley incident that prompted the Bill was essentially a one-off incident caused by a set of different circumstances, including that we were still during the period of covid, which meant a severe restriction on the number of people who could attend such matches. Other problems were created due to the absence of experienced stewards and so on.
I remember asking the hon. Member for Amber Valley why provisions in this Bill would not be included in the Football Governance Bill, which was discussed earlier in the week. She said that although these provisions could have been included in that Bill, because of her legal experience she particularly wanted to have a Bill in her name on the statue book. I hope that in the end those dreams will be fulfilled, as that is an important matter for her.
I have reservations about how this Bill will work in practice, and I am concerned about unintended consequences for the police. If there is an incident similar to the one that took place at Wembley, how will we be able to arrest all those people? Every time somebody is arrested by the police, a policeman has to take that person away and put them in a black Maria or whatever, which means that they are no longer able to police the ground. I fear that what will happen is that an individual will be picked on every now and again, but when there is a problem of mass trespass, we will not be able to do anything about it because nobody will be able to police it. We will get a situation similar to the one in supermarkets, with blatant shoplifting and a failure of the police or security people to take any action because they choose not to do so.
As my right hon. Friend the Member for Gainsborough (Sir Edward Leigh) said on Report, there is a danger that bringing the criminal law into these areas will result in disappointment and, as a result, bring the law into disrepute; we put all these laws on the statute book, but we cannot actually do anything about them. As I said earlier, the Home Office has responsibility for all this, but every day we find that it is unable to fulfil its existing responsibilities, let alone new ones that will be placed on it as a result of this Bill. Most recently, the Home Office revealed that it is unable even to record the number of people who have entered this country and then left. Obviously, the way to find out whether people who come in on visas are complying with those visas is to check the visa records when people leave. The Home Office cannot even deal with that. We are talking about extending its role in the belief that some magic new Bill will control unauthorised entry to football stadiums, when the Home Office cannot even control our country’s borders.
I am extremely sceptical about this piece of legislation. It is a pity, in a sense, that the private Member’s Bill process is giving rise to this sort of legislation, which is—I return to the word I used earlier—relatively trivial compared with all the other problems with which this country is faced and with which this legislature should be dealing.
The hon. Gentleman will correct me if I am wrong, but is he saying that the safety of those attending football matches and the likelihood of them being hurt and, in some cases, killed is a trivial matter?
There are already laws against killing people at football matches. There are already laws against criminal damage. There are already laws against violent behaviour. I do not know whether the hon. Lady has looked at Baroness Casey’s report on the incident at Wembley in 2021, but it says that the issue of tailgating highlighted by the hon. Member for Amber Valley was not the only problem. There was also lots of drunken behaviour—
The hon. Lady is shaking her head, but that is in Baroness Casey’s report—she finds that there was a lot of drunken behaviour and evidence of drug taking. Those are criminal offences. The expression on the hon. Lady’s face makes it seem as though either she believes that Baroness Casey’s findings were incorrect or she has some other reason for disagreeing with that.
I think that bringing the criminal law into this narrow and specific field when there are already a host of other criminal offences covering these issues is the wrong way forward, but I am obviously in the minority on that.
Order. A discussion should not be taking place while colleagues are seated.
If the hon. Member for Sutton and Cheam (Luke Taylor) says he has no interest in this Bill, then he does not have to attend. I thought he was seeking to intervene, but he was not; he was wanting to make some sedentary remark.
I have put on the record my opposition to and scepticism about the contents of this Bill, and I will leave it at that.
Katie Lam
I thank the hon. Member for Amber Valley (Linsey Farnsworth) for bringing the Bill forward. For many in this Chamber, the Euro 2020 final was a rollercoaster of ecstasy and disappointment, though I appreciate that certain Members from other parts of our United Kingdom may have felt a little less devastated at the result. Beyond heartbreak on the pitch, the Euro 2020 final was a day that nearly ended in catastrophe. Thousands of ticketless fans forced their way into Wembley, creating chaotic and dangerous scenes. When disaster is so narrowly avoided, it is reasonable to ask whether anybody made a mistake.
Sadly, this was not a one-off incident. Tailgating was reported again at both the 2024 champions league final and the 2025 league cup final. Of the 91 arrests made on that day, 68 were related to fraud—people trying to get in without a ticket. We heard from the hon. Member for Cumbernauld and Kirkintilloch (Katrina Murray) about a particularly upsetting and fatal day. These incidents put genuine fans at risk and erode the trust that is necessary to police events of this scale properly.
For many people in this country, a trip to the football is the highlight of their year. For many families, it is a hard-earned outing or rare treat for their children—something they scrimp and save for. What must they think when they see hooligans jump the barriers and get in for free? They must think that they are the mugs for having paid and followed the rules in the first place. It is therefore right that we give police and organisers the tools they need, not just to remove people in the moment but to prevent repeat offences through banning orders. That builds on steps taken by the previous Government that saw drug-related offences in football stadiums likewise result in stadium bans.
I welcome the clear focus on intent. The defences included in the Bill are thorough. I hope that the Minister can confirm that enforcement will be directed firmly at dangerous deliberate entry, and will not affect fans who responsibly pass on spare tickets. Targeted, common-sense enforcement is exactly the right approach to tackling this kind of disorder.
Where new powers are necessary, the Opposition will support their introduction. The FA certainly seems to support the introduction of a bespoke offence for tailgating. However, all too often, we do not make enough use of existing powers. If I understood the sentiment expressed by my hon. Friend the Member for Christchurch (Sir Christopher Chope), who is no longer in his place, he was saying that the laws introduced in this place are often improperly enforced. Following the 68 arrests that I mentioned earlier, not a single person has been charged. A bespoke tailgating offence will make little difference unless police and the Crown Prosecution Service are willing and able to secure convictions. We must support them in doing so, as well as in taking other steps, such as co-operating with stadiums to advise on cases in which stadium bans might be appropriate.
More broadly, many of us are concerned by the rapid erosion of the social contract. Across our society, we are witnessing a troubling disregard for not only law and order, but standards of behaviour. Whether it is people pushing through ticket barriers on the tube, as my hon. Friend the Member for Christchurch mentioned and my right hon. Friend the Member for Newark (Robert Jenrick) has highlighted, or migrants working illegally as delivery drivers, as my right hon. Friend the Member for Croydon South (Chris Philp) has highlighted, the principle is the same: laws apply to everyone, or they apply only to those of us who are good enough stick to them, which is deeply unfair.
If we do not take action to uphold those standards, particularly when safety is at stake, public confidence inevitably suffers. The starting point must always be the enforcement of our existing laws, and we must give full support to institutions such as the FA as they take steps to improve safety and uphold standards.
In the light of all that, I am pleased to reiterate the support expressed in Committee and confirm our continued support for this private Member’s Bill. I again thank the hon. Member for Amber Valley for introducing it.
I warmly commend my hon. Friend the Member for Amber Valley (Linsey Farnsworth) for bringing forward this private Member’s Bill. As a lifelong football supporter, she has made a powerful case for her Bill, and I congratulate her on securing support for it from across the House.
I thank all hon. Members who have contributed today, in particular my hon. Friend the Member for Cumbernauld and Kirkintilloch (Katrina Murray), who spoke movingly about her experience of these matters. My hon. Friend the Member for Amber Valley spoke about the rich history of football.
The Bill addresses a clear and pressing issue: the growing problem of unauthorised access to football matches, particularly at high-profile fixtures. It does so by creating a new football-specific offence of unauthorised entry to designated matches. It captures a wide range of behaviours, from tailgating and forced entry to the use of forged documents or the impersonation of match-day staff. Crucially, it will also enable courts to impose football banning orders on conviction, providing a strong deterrent and a vital tool to prevent repeat offending and protect public safety. The Bill responds directly to the recommendations of Baroness Casey’s independent review into the serious disorder at the Euro 2020 final, where thousands of ticketless individuals gained access to Wembley stadium, many through mass forced entry or tailgating.
Let me be clear: this is a recurring problem. We saw further evidence of it at the 2024 UEFA champions league final, which was again at Wembley, where groups of ticketless fans made repeated attempts to breach security. Similar behaviour is seen at premier league matches, particularly if away allocations are limited. It is a wider pattern of behaviour that needs to be addressed. Such behaviour is not only selfish and dishonest, but fundamentally dangerous. It places enormous strain on stadium security, creates serious risks to public safety and undermines the experience of law-abiding fans. The Government are clear that it cannot and will not be allowed to continue. That is why we support the Bill.
Forced entry, tailgating and so-called jibbing are not victimless acts. Those involved are often aggressive, violent or threatening, and their actions can lead to overcrowding, blocked emergency exits and frightening conditions for innocent fans. In some cases, individuals have even attempted to bribe stewards or turnstile operators to gain access. That will be captured by the new offence. The offence will also apply to those who knowingly attempt to use a ticket, whether physical or digital, that has already been used.
Let me be clear: this is not about criminalising honest mistakes or punishing fans who have been misled. The Bill includes important safeguards to ensure that individuals with lawful authority, such as emergency workers or stadium staff, are not caught by the offence, and it will not apply to those who unwittingly purchase counterfeit tickets in good faith or breach the terms and conditions of a legitimate ticket. That was a point referred to by the Father of the House, the right hon. Member for Gainsborough (Sir Edward Leigh), and by the shadow Minister, the hon. Member for Weald of Kent (Katie Lam)—I agree with the points she made about enforcement.
This is a proportionate, targeted and necessary measure. It reflects the unique public order challenges associated with football, which are not seen to the same extent in other sports or events. It is also consistent with the broader framework of the Football (Offences) Act 1991 and the Football Spectators Act 1989. The Bill has enjoyed cross-party support throughout its passage, and rightly so. It is a fan-friendly measure that protects the vast majority of decent supporters from the actions of a disruptive minority, and it will help to ensure that football remains a safe and welcoming environment for all. I once again thank my hon. Friend the Member for Amber Valley for her excellent work on this Bill, and I commend it to the House.
Linsey Farnsworth
With the leave of the House, I associate myself with the tribute to the Ibrox victims given so movingly by my hon. Friend the Member for Cumbernauld and Kirkintilloch (Katrina Murray).
There are many people I would like to thank for helping to get the Bill to this stage, but first I will speak about footballer, vice-captain and much-loved daughter and sister Maddy Cusack, who lived in my constituency in Horsley and passed away tragically in September 2023. I dedicate this Bill to her, with the knowledge that she would approve of its contents, given her love for the game and for the safety of the fans who came to watch her light up the pitch week in, week out. The Maddy Cusack Foundation has been set up in her honour, with the aim of continuing her legacy. The foundation has done wonderful work, providing opportunities and inspiring young girls and women in football, including sponsoring local teams to ensure that the next generation of footballers is equipped to face the world in the fierce, determined and spirited manner that Maddy faced it. I encourage Members, in their own time, to look into the wonderful work that the foundation is doing.
I thank the Football Association and the Football Association of Wales, which have both supported this Bill; the Clerks and civil servants who helped to draft it and offered support throughout the process; the Members who took it through Committee; and my hon. Friends the Members for Uxbridge and South Ruislip (Danny Beales) and for Hartlepool (Mr Brash), who co-sponsored the Bill. I thank Baroness Casey for her report and the important work she has done around fan safety, and I thank my staff, who provide continued guidance and support. I must also extend my thanks to Lord Brennan, whose work as the original promoter of the Bill has been invaluable.
Football is a game of two halves. At the risk of creating an overstretched analogy, I believe it is fitting that the second half of this Bill and its journey should be played out under Lord Brennan’s capable guidance and captaincy in the other place, should it pass today. If the Bill passes, I will happily pass the armband to him.
Question put and agreed to.
Bill accordingly read the Third time and passed.
(3 months, 1 week ago)
Lords Chamber(3 days, 15 hours ago)
Lords ChamberThat the Bill be now read a second time.
My Lords, I confess to your Lordships that I have blatantly plagiarised this speech, if copying oneself can be categorised as plagiarism. I kicked off this Bill in the House of Commons in 2024, albeit with one slight tweak from its current incarnation. It is not unique for someone to introduce a Bill in the House of Commons and get it through Second Reading. Another Member is doing a similar thing right now. In the House of Commons I got it through Second Reading and Committee, only for it to fall as a result of a walk in the rain taken by Rishi Sunak and the subsequent snap general election. It is nice to be able to reintroduce it here in the House of Lords. I hope that with your Lordships’ support, this time we can get it to the final whistle.
On Sunday 11 July 2021, the final of the men’s Euros football tournament at Wembley Stadium could have resulted not just in the sad loss for the England football team on that occasion but in a tragic loss of life. That was the finding of the independent review conducted by the noble Baroness, Lady Casey of Blackstock, into the events of that day. It suggested that we narrowly escaped a disaster that could have resulted in fatalities or irreversible injuries.
For everyone here, I am sure that the mere thought that such a catastrophe is still possible in this country at a football match in the 21st century, after the tragedies of the latter part of the last century, is profoundly unsettling. Those present at the Euro 2020 final, which took place in 2021 because of Covid, witnessed at first hand the reckless behaviour of some people seeking to enter the stadium without a ticket. When the House of Commons Culture, Media and Sport Committee, of which I was a member at the time, undertook an inquiry following the Euros, I admit that I was genuinely shocked—I think that I was not the only one—to discover that entering, or attempting to enter, a football match without a ticket is not a specific criminal offence.
That is why the committee acknowledged the need for the Bill, which I introduced, in a recommendation in its Safety at major sporting events report, published in December 2023. It demonstrated the broad cross-party recognition of this problem and the consensus on the need for legislative action to put it right. All the members of the Select Committee at that time who held seats within its territorial scope—England and Wales—were named as co-sponsors when I introduced the Bill in the other place. After the 2024 general election, the Bill was picked up by Linsey Farnsworth MP, who has done a sterling job in steering it skilfully through all its Commons stages and improving, with a slight tweak, on my original.
The Bill would bring into law recommendations that came out of the Select Committee’s findings and the review by the noble Baroness, Lady Casey, by amending the Football (Offences) Act 1991 to introduce a new offence of unauthorised or attempted unauthorised entry to football matches. It is estimated that, at the Euro 2020 final, somewhere between 3,000 and 5,000 ticketless individuals were able to gain entry. Many people will have seen the disorder, overcrowding and safety hazards that resulted from those events. Those actions not only compromised the safety and security of stewards, police officers, spectators, players and officials, but greatly tarnished the reputation of the sport and of this country. On the security of stewards at the ground, I had a brief conversation before today’s session with the noble Lord, Lord Bailey of Paddington, who I see is still in his place having spoken on the previous Bill. He confirmed to me that in a past life he was a security guard at Wembley Stadium and frequently witnessed this kind of behaviour and dangerous activity going on. I thank him for his support of my Bill.
The current legal framework does not address the problem. Those caught entering a stadium without authorisation face no legal repercussions. Those attempting to enter are simply moved on and often try to gain entry multiple times. There are no consequences for their selfish actions, which risk jeopardising matches and could recklessly endanger the safety and lives of others. The Bill is intended to respond directly to those challenges by making unauthorised entry into football matches a specific offence. The aim is to deter people from attempting to enter stadiums without a valid ticket.
Back in 2024, I did an interview with, among others, Martin Keown, the former Arsenal footballer, on talkSPORT radio, and there was clear agreement in our discussion and some of the phone-ins that the deterrent effect is a significant part of this measure. A fine of up to £1,000 might be a deterrent but, under the Bill a conviction for this offence could lead to a court-imposed football banning order under the Football Spectators Act 1989 and Football (Offences) Act 1991, which would prevent a person attending football matches for a specific period of between three and 10 years. That would be an even greater deterrent. The Bill seeks to address all forms of unauthorised entry, recognising the broad spectrum of tactics that can be employed to gain illicit access to stadiums.
The scope of the Bill, as I said earlier, extends across England and Wales and across the top tiers of domestic football. We are not talking about park matches in your local area here. The Bill includes the Premier League, the Championship, League One, League Two, the National League, the Women’s Super League, the Women’s Super Leage 2 and Cymru Premier, as well as international matches in England and Wales.
My local team Cardiff City’s stadium hosts the games not just of Cardiff City Football Club but the Welsh national teams. It would be remiss of me not to mention the usually impeccable behaviour of Welsh football fans attending matches there and the crackling atmosphere they create with their passionate renditions of songs such as “Hen Wlad fy Nhadau” and “Yma o Hyd”.
The Bill is slightly from the one that I introduced previously. There is a small change in the wording of proposed new Section 1A(3) of the 1991 Act in this version of the Bill. The provision outlines proposed possible defences and proposed new Section 1A(3)(b) has been clarified so that it covers cases in which a person “reasonably believed” that they had a ticket for the match but in fact did not. That is to ensure that a person who innocently buys a counterfeit ticket is not criminalised under this offence, which is specifically about fan safety and preventing overcrowding. As before, the defence also applies in relation to a person using a genuine ticket that they are not eligible to use—for example, an adult using a child’s ticket. That is because there would already be a reserved seat in the stadium and safety would not be an issue with respect to overcrowding.
The vast majority of football fans across the country, supporting clubs such as my team, Cardiff City, or any others, do so in the right spirit. It is important that they feel safe and secure when supporting their football teams. I make it clear that the intention of the Bill is to support real football fans and to keep them safe and secure while they are enjoying the spectacle of supporting their team. Football is a big part of our culture. In recent years, football has grown ever more important in the national culture of Wales, and it has always been of huge importance across the rest of the UK, bringing together individuals from all walks of life in shared support of their teams. The actions of a few should not be allowed to compromise the safety and security of the majority.
I have been mindful with the Bill of the balance between enhancing security and maintaining the open and inclusive nature of football matches. The intention is not to criminalise fans or create barriers to genuine supporters enjoying the game. Instead, the focus is on preventing those who would seek to cause disorder and harm entering stadiums, thus ensuring a safer environment for all. By strengthening the legal framework, we can deter unauthorised entry, reduce the risk of disorder and violence, and ensure that football continues to be a source of joy and community for everyone. I beg to move.
My Lords, I support the Bill. I congratulate Linsey Farnsworth in another place on the initiative she has taken and, particularly, the work that the noble Lord, Lord Brennan, has done on the Bill, both in another place and indeed here today. I wish him well—all my comments will be in that context, because I think there may be some areas where we can seek to strengthen the Bill and consider some of its implications.
I too will share with the noble Lord, Lord Brennan, a bit of past experience on this. The Football Spectators Act 1989 was a Bill that I piloted through the Commons as Minister for Sport. The subsequent Act that he referred to, the Football (Offences) Act 1991, addresses broader forms of football-related disorder, allowing for the banning orders, which do not make, as has rightly been pointed out, unauthorised entry itself a prosecutable offence. It is important and may be helpful, especially when we get to Committee, to reflect on the conversations that took place at the time of the original Bill, during the Thatcher and the Major Governments. Thirty-five years on, some of those same arguments were raised by Katie Lam in another place and echoed during the Bill’s proceedings.
No law can be effective unless you have the resources to bring the perpetrators to justice, and the cost of policing will be substantial. As Katie Lam clearly stated:
“It is … right that we give police and organisers the tools that they need, not just to remove people in the moment, but to prevent repeat offences through banning orders”.—[Official Report, Commons, 11/7/25; col. 1253.]
When the original legislation was first considered, this proposal came up, and concern was expressed by the police, some of the clubs and politicians about how well the offences could be policed and how much additional policing costs and stewarding would follow.
Christopher Chope MP, who is notable for his interventions on Private Members’ Bills who and was also around at the time, back in the early 1990s, stated in Committee on this Bill in another place:
“I fear that what will happen is that an individual will be picked on every now and again, but when there is a problem of mass trespass, we will not be able to do anything about it because nobody will be able to police it ... there is a danger that bringing the criminal law into these areas will result in disappointment and, as a result, bring the law into disrepute; we put all these laws on the statute book, but we cannot actually do anything about them”.—[Official Report, Commons, 11/7/25; col. 1251.]
This was a real concern when we first addressed the possibility of the proposal in the Bill and it remains a concern now, but one I think we should address in Committee. Today, however, the Government have the opportunity to say that they will ensure that the full costs associated with enforcement will be made available. Sadly, recent precedent in a related area will not be in their favour.
It is interesting that, in introducing the Bill, the noble Lord referred to the importance of adjusting it to make sure that somebody who went in with a counterfeit ticket or the wrong ticket would effectively be exempt because this is a very narrow Bill. I hope that that would be included. I promise I am not going to push this to votes in Committee, but I think it is something that we need to look at very closely. It is a classic example of where the CMA has been given powers and those powers have not been used effectively; the resources have not been there to make sure that this problem of modern-day ticket-touting has been addressed.
There are literally thousands of people who go to football matches illegally—I will come to the laws that cover that—with tickets that have been acquired through bots or the secondary market. Many are rejected on entry. That unauthorised entry in itself often causes a fracas or problems because the individuals concerned feel that they have been unfairly treated.
So if we are going to achieve the praiseworthy goals set out in this Bill, and if this Bill is going to be worth more than the paper it is written on, which I believe it will be, the Government have to commit to ensure that the funding is in place for all the relevant authorities—in particular, for the police to be available on day one, while football clubs will need to invest in training, stewarding ticket systems and support staff. We knew this when considering this offence and drafting the Football (Offences) Bill back in 1991.
We should also be concerned about instances where fans are unfairly penalised due to miscommunication or misunderstanding about entry rights leading to unwarranted legal consequences. Above all, the political climate at the time when we bought the first two Bills, now Acts, did not warrant going further than we had with onerous but ultimately successful legislation to tackle football-related disorder.
In looking at the Casey review in detail, we must also address the central criticism she made about the loss of experienced stewards, leaving, “Wembley’s stewarding operation vulnerable” and her recommendations for stricter enforcement within the stadium, which can be read across into clubs as a whole. I think this was a clarion call to recognise that there are people who are willing to risk unauthorised entry to football matches—who the noble Baroness, Lady Casey, called the “mindless thugs” at Wembley that day—and a wake-up call for football clubs and venues, such as Wembley, that host national and international matches, to install and modernise their entry systems and ensure that their stewards are well trained and capable of strict enforcement of club, FIFA, UEFA and FA rules at matches.
It is important to recognise that a central and growing issue is the existence of some stadium, event and club employees who are, regrettably, bad apples willing to break the rules of the club and assist or facilitate entry with an invalid matchday ticket, which adds to the problem that the Bill seeks to address. There is nothing in the proposed legislation that deals with assisting or facilitating entry with an invalid matchday ticket, yet this is a significant problem that has been on the rise at some leading professional football clubs in recent years through a minority, but a very relevant minority, of corrupt staff associated with turnstile entry.
Last season alone, four stewards at one club facilitated entry for people with facsimile tickets, and they benefited financially. That small but relevant number of corrupt stewards, usually working with a tout outside the ground or on social media, provide a facsimile of a digital ticket to a purchaser for payment. On matchday, the purchaser is made aware of which turnstile to go to with the facsimile and which member of staff to speak to. The purchaser feigns a problem with the ticket; the corrupt steward then uses either a master access card or an override button on the turnstile to allow the purchaser entry into the stadium and takes his payoff. In one recent case, a highly respected investigator with extensive knowledge of this growing fraudulent activity saw 30 persons admitted to a stadium in this manner by one steward at one match.
This practice is, regrettably, becoming more prevalent. A simple clause making it an offence to facilitate or assist a person to enter a ground with an invalid matchday ticket or a matchday ticket that they were not eligible to use would plug this loophole that can cause problems at turnstiles and entry points to a match, which this Bill seeks to address.
I intend to put down an amendment to new Clause 1A(1)(b) which I hope will address this and allow us to debate in Committee an important change meaning that persons could attempt entry with copies of genuine tickets, and if they did there would be no offence committed. Under this legislation, bad actors, particularly under new Clause 1A(3), will simply tell customers that, if they have any problem with a ticket, they should simply say that they purchased it in good faith. Altercations where this is not accepted are rare, but cause many of the problems that the proposers of the Bill are seeking to avoid. A clause such that the person should be able to produce a valid receipt for the purchase of the invalid ticket could be inserted into the defence section as part of the criteria, and discussions could take place with clubs, regulators and, indeed, fans to make sure that this is practical and enforceable. Simply requiring anyone to believe that they had purchased something generally wrecks the good intentions of the proposed legislation.
In Committee, I will turn to the expensive and massive problem, which many noble Lords have heard me speak about over the past 10 years, of ticketing fraud perpetrated by corrupt players in the extensive secondary ticket market in the UK. One secondary market tout is known to have more than 1,000 memberships at a Premier League club. It is estimated that that business alone—the unauthorised and illegal use of the secondary market—costs between £100 million and £200 million of illicit business per annum, which is nearly £1 billion during this Parliament. It just shows how important it is to make sure that a genuine football fan can gain access to a football match with a valid ticket and that we tackle that problem.
This may not be the right Bill to do that, but it is certainly the right Bill to talk about it, in Committee, particularly since in football, as opposed to other sports, it is already illegal to sell tickets on the secondary market in the UK unless you are authorised by the event, organiser or club. That is what Section 166 of the Criminal Justice and Public Order Act 1994 was for—it made it a criminal offence for any unauthorised person to sell tickets for designated football matches—but it is not policed and the law is flouted. Again, it comes back to the resource of making sure that a well-intentioned law is properly policed and implemented.
These are just some of the issues that I hope we will be able to look at in detail. The Bill is exceptionally well-intentioned and has been worked through very hard. In Committee and subsequent stages, I believe we could look at making it even more effective and more valuable so that we protect the interests of true football fans, which is what all this is about, keep thugs out of the game in which they have no place and make sure that true football fans enjoy it, while also addressing the growing and extensive criminal behaviour in the much-abused secondary ticket market, which is one of the principal causes of unauthorised entry to football matches.
I wish the noble Lord every success with the passage of the Bill. I congratulate him on a lifetime commitment to sport and on making sure that issues such as this—minor in some ways, not huge legislation, but important to the future of football—find their way on to the statute book and win widespread support among the fans, the clubs and the wider community who want to see a truly legally binding and effective framework for football in this country.
My Lords, I endorse the Bill and the principle of the amendment by the noble Lord, Lord Moynihan. I will repeat nothing of his points but merely make observations to add to them.
I think Members of the House would be shocked at the prices for the average secondary market ticket for the Premier League today. The amount of cash and profit that can be dispensed to others in precisely the way the noble Lord articulated is greatly underestimated, as are estimates of the number of tickets in the Premier League going through the secondary market. This is very big business.
One point that the noble Lord did not make but that needs adding is that the majority of these tickets are being bought online electronically from abroad. Dublin is a huge centre for that but there are many more outside this country. That is the business model. The term used to me by the people with the most expertise in this field is organised crime, and that is what this is. It is not the old school of freelancers or interesting characters with a flat cap running a cash-in-hand business outside a stadium, who are still recognisable on occasion at sporting events. They are only a tiny bit of the problem. This is organised crime, big money, and that needs serious consideration. Another minor issue that needs serious consideration in Committee is whether FA Cup fixtures should be included, because then you have the potential of a range of other grounds that will suddenly have a huge fixture, and the problems associated with it, away from the norm.
There are many ingenious ways in which football fans will attempt to see fixtures. At Oxford United last March, I witnessed—although the police intervened after 10 minutes—the most ingenious of attempts. A van was parked in a public car park adjoining the smallest stand. A ladder, which was more like a window-cleaning device, was raised and, in great comfort, two fans started to observe the fixture from on high. Such was the angle of the ladder that they may well have technically been inside the stadium. I use that as an illustration of the many ways in which the true fan—but one without a ticket—may attempt to see a fixture.
I put this question for consideration to the noble Lord, Lord Brennan: the old Scratching Shed at Leeds United could be climbed from the outside. Whenever a fixture was full and the gates were locked, fans of all ages would climb on to its roof. The stands at the same stadium these days would not facilitate that, but there are clubs promoted to the National League where a similar concept would apply. The question, “What is illegal entry?”, needs a bit of consideration, because fans are ingenious and there are many ways in which things can be done that may not totally fit with health and safety regulations.
When I first went to football, I was getting in for free, not by going through the turnstile but by being lifted over it. That is my point regarding FA Cup fixtures because turnstiles come in many different shapes and forms. Until school dinners became particularly good, with treble massive servings, I was capable of being easily lifted—at a quite mature age really—over said turnstile, and at the time that guaranteed free entry. So that is an interesting question.
I appreciate that Scotland is not included in this, but on my last visit to Stenhousemuir Football Club, for a fixture of great interest, it was unclear when kick-off time was. I arrived early, when the turnstiles and ticket office were closed, walked into the stadium through the gate and sat down to wait. The match had almost begun by the time I remembered, my memory having been jogged by a steward, that I might not have a ticket. I had to leave the stadium, buy a ticket from a ticket office and then enter via the turnstile to get legal access. The point about the definition regarding ingenious fans—or, in that case, fans who did not have a clue what time kick-off was—is an interesting one, particularly in the National League.
I cannot leave that anecdote without recalling a story that I hope I am allowed to share, in the spirit of this debate. I had to introduce the football Bill back in the days when the House was completely packed. On the day when I was winding up, the House was totally full because the Bill was a major issue at the time. There was that moment before the Minister winds up when the House goes silent, and Dennis Skinner looked at me and said, “It’s all right for him. He can get in under the turnstile”.
My Lords, that shows the ingenuity that doubtless may have been attempted. I am considering when that could be used, before the Bill becomes law, to assist the noble Lord in accessing a certain match that he is keen to watch.
There are other points that need considering by the noble Lord, Lord Brennan, and the Committee. First, facial recognition is coming in. Serie A already has facial recognition; it is not in widespread use, but the technology is required in Italy. There are certainly two Premier League clubs that are bringing in facial recognition for part of their stadium at the moment. I do not say that the interesting question of facial recognition “coincides”, but it sits alongside this.
Secondly, there is the issue of political agitators, whose aim is to get on the pitch—they have attempted to do so—and the question of players’ safety in relation to that is a factor. I think the last recorded case was an environmental protester of some kind getting on a pitch, but that is a serious issue in relation to player safety, which has rightly been taken as more important in recent times. That would actually back up the crusade of the noble Lord, Lord Brennan, to have this legislation come into place.
Thirdly, on policing issues, the last time this was a major problem in English football was not the Euro final. It was on 30 November 2023 at Villa Park, the home of Aston Villa. In a UEFA fixture, a club called Legia Warsaw from Poland were playing. The police and the safety advisory group of Birmingham City Council had not banned Legia Warsaw fans; in fact, 1,002 tickets had been sold to them, and they came to the fixture. Their numbers had been restricted, but another 1,000 came and attempted to force entry into the stadium, causing huge safety issues and immediate action by the matchday commander from the police and Aston Villa Football Club, who then closed the turnstiles and created other disorder outside as fans, both with and without tickets, could not get entry. That issue was identifiable; Legia Warsaw has had 35 fines from UEFA for fan behaviour.
For anyone who wants to know about hooliganism in football, hooligans put their stuff online. There are now websites and social media that are openly available for everyone to see. If anyone wants to know who causes the most problems, who are the worst, the nature of those problems and when they are most likely to occur, there is publicly available information. Legia Warsaw is known for being in the highest category of ultra-fans, given the problems they cause. They are a significant group of hooligans, as that term is used. This Bill will complement that. There was no collusion with staff there. It was an attempt at a forced break-in at a stadium.
I note that there is inaccurate discussion in the media at the moment of that incident and about policing. I have a report in front of me, an official police report, which I would like to quote from a little, because it is about another set of football supporters who are characterised in it as fanatical. The report says:
“This is expressed, among other things, in the lighting of flares”,
but,
“according to UEFA … and our police, there is no animosity between”
them and the supporters of the team they were playing, and this was not a high-risk match. This was Maccabi Tel Aviv playing Ajax in Amsterdam in November last year.
The report goes on to say that there was
“a special context, because of the war in the Middle East”.
The fixture also coincided with the national Kristallnacht commemoration in Amsterdam. There was “a daily pro-Palestine demonstration” at the railway station. This is from the official report, and there were supporters from a third club present in the city at the time: Fenerbahçe supporters, from Alkmaar in the Netherlands.
I want to quote regarding a couple of incidents, because this has been put in the media wrongly, not factually. This is the official statement of facts—the feitenrelaas—from the Dutch chief crown prosecutor, or whatever the equivalent title is, and the chief of police for Amsterdam. It is something that could be considered in this Bill. Should there be a statement of facts every time there is an incident? It is a requirement in the Netherlands to have a statement of facts. The night before the fixture, on a street called the Rokin, the report says that
“Around midnight … 50 Maccabi supporters pull on a Palestine flag hanging on a facade”.
That flag was removed and the video footage of it is on hooligan websites. It was put on by a Maccabi ultra-fan, one of those 50. A taxi was attacked at the same time on the same street, and other taxis were damaged. The hooliganism then was an issue and a problem.
The following day, the football match took place. During the day—the match was on an evening—there was one arrest by the police for a disturbance of the public order. There were no clashes between the fans or with local people. The football match took place, though there had been a problem because pro-Palestine demonstrators had attempted to go to a square in Amsterdam called Anton de Komplein. The report says:
“Upon arrival, this group splits up into small groups in search of the confrontation at the Arena”.
That is the Amsterdam arena: the football stadium of Ajax. Those are the specifics and the police deployment was there.
Additionally, it says in the next paragraph that there were
“social media messages confirming that there are groups … looking for a confrontation with Maccabi supporters”.
The police handled that throughout the day without such confrontations. However, the report goes on:
“After midnight, the problems arise due to small groups of rioters spread through the city centre and adjacent neighbourhoods. These groups commit violent hit and run actions, targeting Israeli supporters and people going out. These incidents take place in various places in the city centre”,
and it lists the 14 streets where that happened. It says:
“The police follow up on all reports”,
and the police patrol intervenes,
“where threats are visible and manage to keep rioters at a distance from Israelis. The police can prevent many incidents in this way. Nevertheless, rioters manage to commit serious assaults, resulting in injuries among Maccabi supporters. It appears to be particularly difficult for the police to take action against such flashpoints. Rioters move in small groups, on foot, by scooter or car, briefly attack Maccabi supporters and then disappear again … Loose groups of Maccabi supporters are gathered”,
and the police basically say that this quickly dissipates over time as the number of rioters disappears.
May I remind the noble Lord of the advisory speaking time in this debate, please?
I shall be brief, because this is the last point I want to make from the report. It says:
“Several people were injured, five of whom were treated in hospital”.
Those five, I can confirm, were Israelis. It continues:
“Twenty to thirty Israeli supporters with minor injuries were taken in by the Jewish community”.
Now that is from the report of the chief of police. It goes on to detail the people who were arrested and where they were from. There were 49 Dutch arrested and 10 Israelis during that period. There were more Dutch arrested in the consequential days. That is a statement of fact from René de Beukelaer, the chief prosecutor, and the police chief, Peter Holla.
I remind the noble Lord that he is now well over his time. Can he please bring his remarks to a close?
The relevance of this is that the purpose of the Bill is to ensure safety at football matches. The interaction between the Bill and the need for guidance and guidelines, including for the police, on how it would be best used is fundamental to its success. Otherwise, what happens is that people will put things on social media suggesting that they are the facts of what happened, but those facts are fundamentally inaccurate. Having the Dutch system of a statement of facts as a potential amendment to this Bill would make a big difference.
Lord Shamash (Lab)
My Lords, thank you very much for allowing me to speak in the gap. I fully support this Bill and congratulate my noble friend Lord Brennan on it. The comments from the noble Lord, Lord Moynihan, and my noble friend Lord Mann have been fascinating. I have a slight interest to declare, having consulted the clerk, as I am the patron and former chairman of Manchester United Supporters’ Trust. That club’s ground is certainly one that you would not be able to use a ladder to look into.
I am particularly concerned about the mechanics of enforcement. If you have 3,500 people breaking into a ground, how on earth do you even begin to do this? I implore that when this Bill goes into Committee, how to deal with that is considered. Tailgating, which is where you follow in behind somebody, whether you do it above or below—I would probably be below, like the noble Lord, Lord Moynihan—is really quite important, but tailgating is something we see all the time on the Tube. I have seen it at Old Trafford: usually, the person doing it is 10 times my size, so I let him get on with it, but the reality is that it could be caught by CCTV.
What I am concerned about is how we deal with enforcement and who is ultimately going to pay. The Bill focuses on the football clubs themselves; I suspect that while they will not want to, they may find themselves having to bear the burden of this. I look forward to hearing what happens about enforcement. I wish the Bill well and I congratulate my noble friend again.
My Lords, this is a Bill where there is no real argument against what it is doing. The fact you are attempting to get into a ground should be an offence; I believe that was raised in another place. Do we want it? Yes, because the attempt is where the disorder occurs. It is where other offences start and are liable to happen. So, yes, it should be there, and a banning order is probably an appropriate response along with a fine.
However, even those with greater expertise than me in this field have said that it is all about the enforcement. It may not be that this Bill is designed to cover that; it is understandable that it is not. To get it on the statute book is probably the first step. As has been mentioned, if you get your intelligence wrong or do not have the will to back it up, no piece of legislation means anything; there are lots of pieces of defunct legislation hanging around. You must follow it up. Indeed, the genesis of the disorder at the 2021 European finals was—I raised this in the House—a breakdown of intelligence and people not putting sufficient resources in to deal with the problem. Social media was mentioned; it became known that we were still spacing and there must be extra capacity in the stadium, so people went. We have to look at this in the round and make sure we back it up.
I do not think this Bill is somewhere we can correct everything. However, as the noble Lord, Lord Moynihan, said, we can start to discuss details. Hopefully, the Minister, when we come to the details, will give us a better idea of the Government’s understanding and what we are going to do to go forward. That would be an appropriate use of Committee on this Bill. I am not sure whether amending it would help or hinder. I suspect that there is only so much time, even in a Session which seems to be as elastic as this one, to get something through. I would look forward to at least discussing that.
Once again, what this Bill says is good. The enforcement capacity—the gathering of intelligence and the will to act—is the elephant in the room. It is the elephant which has now been discussed, talked about and put a howdah on in this debate. We have to make sure we do that. We have to use everything that goes with it because, if you do not do that, it will become meaningless. There are also issues of facial recognition and subsequently identifying people who have broken the law. All of this stuff is probably there, but I do not know if it comes into the Bill or could be in it.
The noble Lord, Lord Brennan, when he replies, can let us know what the timeframe is, as indeed can the Minister. We will see what we can do then. I think this is good, but it is certainly not the whole story. There are certainly things the Government can do to make sure that this is more effective and that the policing of football is done more effectively. I wish this measure well.
My Lords, I am extremely grateful to the noble Lord, Lord Brennan, for giving the House the opportunity to debate this Bill. I regret that we did not manage to pass these measures before, due to the general election last year, but I am glad we are picking up where we left off and following the advice of the 2021 report from the noble Baroness, Lady Casey, to legislate on tailgating and other forms of unauthorised entry at the earliest opportunity.
Tailgating and ticket fraud present both a financial blow and a great unfairness to clubs and fans alike. The great success of football lies in its accessibility for players and fans of all ages and abilities. Clubs become the bedrock of communities because they give people a shared purpose and responsibility in the upkeep of their team. This is undermined by those who breach entry. These clubs lose out on revenue, and genuine fans pay the price by being undercut. It is a wholly unjust practice.
There is also the danger that comes with the practice of unauthorised entry. Even lower and non-league clubs impose a maximum capacity for safety reasons, but the risk is exponentially heightened as the size of the stadium increases. At big events, where capacity is reached, there is simply no room for extra supporters in the stadium. When the capacity is breached, serious dangers arise,
As the noble Lord, Lord Brennan, referred to, the report on the Euros final by the noble Baroness, Lady Casey, outlined risks of crowd collapses, door wedging, trampling and barrier collapses. These were very real possibilities that were narrowly avoided, but they were made possibilities only because of those entering the stadium unauthorised. Those events and the more recent 2024 Champions League final demonstrate why legislation to deter tailgating and other types of unauthorised entry, such as ticket fraud, are so important.
Those who are caught committing this infringement, as it stands, are likely to be thrown out of the stadium without further repercussions. Those who are caught before they have entered are simply turned away to attempt re-entry at another turnstile. Considering the very real risks posed by this practice, notwithstanding the thorough unfairness that it represents, these measures have not proved sufficient.
The Conservatives agree with the attempt to deal with this in a proportionate way. As the noble Lord, Lord Brennan, said, introducing a summary offence, with a maximum fine of £1,000 and the likelihood that a conviction will lead to a court-imposed football banning order, seems to provide the proportionate deterrent. I hope that it will indeed, in practice, put an end to this conduct, once it is seen that attempting unlawfully to enter a stadium will bar those attempting it from far more than a single match in the future.
My two concerns lie with the drafting and implementation of this Bill. On drafting, proposed new Section 1A(3) appears quite broadly drafted and may inadvertently allow those who have committed this offence knowingly to be successful in mounting a defence in the courts. Could the Minister reassure me on this issue? On implementation, police numbers are down this year and forces are already stretched. As my noble friend Lord Moynihan said, we must ensure that we have the numbers needed to police this crime. If we manage to charge an unauthorised entry only every now and again, it will not have the intended impact and we here will have been paying lip service to this issue and no more. As the noble Lord, Lord Shamash, said, I hope the Government have a clear plan on implementation. Can the Minister provide us with some detail on this when he replies to the debate?
Similarly, a deterrent is successful if it is seen to work immediately. This means demonstrating, after this Bill has passed, that its powers will be used swiftly and effectively. I hope that the Government understand the importance of appearance and have planned how they might immediately demonstrate the law’s effectiveness.
I wholeheartedly support this Bill and congratulate the noble Lord, Lord Brennan, on bringing it before the House.
Lord in Waiting/Government Whip (Lord Lemos) (Lab)
My Lords, I thank all the noble Lords who have spoken today in what has been a very important and interesting debate. I am particularly grateful to my noble friend Lord Brennan of Canton for his work in sponsoring the Bill not just in your Lordships’ House but, as he noted, in the other place. I admire his determination and resolution to get the job done.
The Bill, as all noble Lords have noted, addresses a clear and pressing issue: the growing problem of unauthorised access to football matches, particularly at high-profile fixtures. It proposes a new football specific offence of unauthorised entry to designate matches to address this, capturing a broad range of behaviours from tailgating and forced entry to the use of forged documents and impersonation of matchday staff. I want to emphasise how important, as other noble Lords have acknowledged, this new offence of unauthorised entry is.
My noble friend Lord Mann and the noble Lord, Lord Moynihan, have referred to ingenious measures used in the past for entering football grounds. My noble friend Lord Mann said that, once he had his school dinners, he could not he could not be lifted over the turnstiles anymore. We have breakfast clubs now, so it will be even more difficult.
Crucially, this measure enables courts to impose football banning orders on convictions for the offences, which is very important. These are civil orders that provide a strong deterrent and are a vital tool to prevent repeat offending and protect public safety. A number of noble Lords asked what grounds we have for believing that these measures will be effective. I reassure your Lordships’ House that the evidence shows that football banning orders of the sort we are discussing are highly effective in transforming behaviour. The large majority of individuals whose orders have expired are assessed by police as no longer posing any significant threat of football-related violence or disorder. We know these orders are effective in deterring banned fans from attempting to enter stadiums, have strong rehabilitative impact and are regarded as a serious consequence by those considering unlawful behaviour. A number of noble Lords, including the noble Lord, Lord Addington, and my noble friend Lord Shamash, stressed the importance of enforcement, and of course I agree. But they will know that enforcement is a matter for local police forces on these matters.
On the question of the noble Lord, Lord Moynihan, about resources being available, the Home Office remains committed to exploring ways to support policing in recovering a greater share of special police services costs. This is an important issue and requires careful consideration. To better understand the options and potential impact of any changes, we are conducting further engagement and analysis over the coming months and are grateful for policing’s continued engagement on this. So this matter is under very active consideration.
The Bill responds directly, as noble Lords have noted, to the recommendations of the independent review of the noble Baroness, Lady Casey, into the serious disorder at the Euro 2020 final. I am sure that noble Lords recall those events vividly and therefore understand the importance of these measures. Thousands of ticketless individuals gained access to Wembley Stadium, many through mass forced entry or tailgating, and this problem is reoccurring. We saw further evidence of this at the 2024 UEFA Champions League final, again at Wembley, where groups of ticketless fans made repeated attempts to breach security. Similar behaviour is also seen at Premier League matches, particularly where away allocations are limited. This is a wider pattern, not a one-off event, and therefore we must address it. Such behaviour is not only selfish and dishonest but dangerous. It places enormous strain on stadium security, creates serious risks to public safety and undermines the experience of law-abiding fans, and it can be very expensive for clubs. This measure will help with that too.
The Government are clear that this cannot be allowed to continue, which is why we are actively supporting this Bill. Forced entry, tailgating and so-called jibbing are not victimless acts. Those involved are often aggressive, violent or threatening, and their actions can lead to overcrowding, blocked emergency exits and frightening conditions for innocent fans. In some cases, individuals have even attempted to bribe stewards or turnstile operators to gain access. This will also be captured by the new offence. The offence will additionally apply to those who knowingly attempt to use a ticket, whether physical or digital, that has already been used. This is not about criminalising honest mistakes or punishing fans who have been misled. The Bill includes important safeguards to ensure that individuals with lawful authority, such as emergency workers or stadium staff, are not caught by the offence when going about their business. It will also not apply to those who unwittingly purchase counterfeit tickets in good faith or breach the terms and conditions of a legitimate ticket.
I will clarify a couple of other matters that noble Lords raised. Although this Bill does not directly cover those who facilitate unauthorised entry, this conduct would be covered under the Fraud Act 2006 or the Theft Act 1968, depending on the facts of the case. I note, for my noble friend Lord Mann, that political agitators or anyone else entering the pitch without authorisation is committing an offence under Section 4 of the Football (Offences) Act 1991.
This is a proportionate, targeted and necessary measure. It reflects the unique public order challenges associated with football, which are not seen to the same extent in other sports or events. It is also consistent with the broader framework of the Football (Offences) Act.
As this was raised by noble friend Lord Mann, I reaffirm comments made in the other place about the Maccabi Tel Aviv game. As I think everyone knows from statements made in the other place, the Government fought hard to ensure that tickets would be made available for this game. However, Maccabi Tel Aviv ultimately took the difficult decision to reject the allocation, stating that it could not guarantee the safety of its supporters for the entire journey to the UK. Following the decision by Birmingham City Council last week, the Government worked closely with West Midlands Police and Birmingham City Council to support them to consider all the options available and to tell us what resources would be needed to manage the risks. The Culture Secretary, the Home Secretary and the Community Secretary were all involved in these extensive discussions and, although the ultimate decision regarding the admittance of away fans is for the local authority to make, we were clear that resources should not be the determining factor in deciding whether to admit Maccabi Tel Aviv fans. We are disappointed that the allocation will not be taken up.
This Bill enjoyed cross-party support throughout its passage through the other place, and rightly so. It has been welcomed by both the Football Association and the police as a timely and effective response to a growing problem. This is a fan-friendly measure that protects the vast majority of decent supporters from the actions of a disruptive minority. It will help to ensure that football remains a safe and welcoming environment for all and such an important part of our national life. Therefore, I reiterate the Government’s support for this measure and thank my noble friend for this important debate, which I am sure will be continued as the Bill makes progress.
My Lords, we have had a wide-ranging Second Reading debate. It has perhaps strayed a little into extra time, but I think VAR would determine that no one was offside in any of their remarks.
I apologise.
I thank everyone who contributed to the debate, which was really good and absolutely in the true spirit of scrutinising legislation, which is obviously the raison d’être of this House. I will thank everyone who spoke individually. The noble Lord, Lord Moynihan, brought his vast experience to the debate, which was extremely welcome. His analysis of some of the things we might want to explore further in Committee, on Report and so on was extremely useful in considering the best way forward with the Bill. As he acknowledged, some of the issues may be beyond the scope of what we can achieve in a limited Private Member’s Bill within the time available.
Lots of the things the noble Lord brought up were very worthy of debate. He and others brought up resources, which are always an issue in any law and order measure. He and others also brought up what happens in situations of mass trespass. I will briefly make two points in response. First, the purpose of this Bill is principally to deter. If it is effective, that deterrence should be of great assistance with the issue of resources. Secondly, as others noted and hinted at, a situation of mass trespass is ultimately very difficult for the police and the authorities to deal with. But that is not the end of it: as this Bill introduces the potential football banning orders, further mass trespass in future might be helpfully dealt with by the fact that many of those individuals will be under football banning orders if they previously participated in such a mass trespass.
The noble Lord also raised the issue of forged tickets, which again is a wider issue beyond this Bill— I think he acknowledged that—and the trend of losing experienced stewards. There are lots of measures that could be taken in relation to that, not just in the public policy sphere but in sporting clubs and institutions themselves. As I mentioned, one experienced steward was lost when he became a Member of the House of Lords as the noble Lord, Lord Bailey of Paddington. Perhaps that sort of experience might be useful to our deliberations in future.
The noble Lord, Lord Mann, also contributed to the debate. I will not go beyond the remarks made by my noble friend the Minister in relation to the Maccabi Tel Aviv match issue, but he made some points about the practicalities involved in the Bill. His description of how people gained entry to Oxford United rather reminded me of the descriptions that have been given of how thieves recently gained entry to the Louvre museum in Paris. If the Louvre museum cannot keep out people using a van and a cherry-picker, I am not sure that Oxford United will be able to.
On the broader point, the Bill speaks of premises, which goes beyond the simple environs of the stadium itself. It can be defined, as it is at Wembley Stadium, for example, as quite a wide-ranging area outside the actual turnstiles. That can be the designated point at which tickets can be checked and where unauthorised entry might be triggered. I understand his concerns about the scratching shed, but it is possible to extend that—and it does not sound to me from his description that the situation at Stenhousemuir is likely to result in overcrowding at any time in the near future. I remind him—although he did acknowledge it—that the scope of the Bill is England and Wales and does not extend as far north as Stenhousemuir.
The noble Lord, Lord Addington, has a huge expertise in sport. I thank him for his contribution to the debate and the fact that he rightly raised the same issues about enforcement, and I make the same points about deterrence as I did earlier in relation to that. I also thank my noble friend Lord Shamash, who also mentioned enforcement, which I think is something we can discuss further—but many of those issues are beyond the scope of this quite limited Private Member’s Bill. I thank my noble friend Lord Courtown, if he does not mind me calling him that, for his contribution and his wholehearted support for the Bill. I am glad that His Majesty’s Official Opposition are still in support of this Bill, as they were when they were in government prior to the general election. It is nice that there is still some consistency in politics these days, at least when it comes to this Bill. I also thank my noble friend Lord Lemos for outlining the Government’s support for the Bill and clarifying that the Fraud Act would come into play in relation to some of the concerns spoken about by the noble Lord, Lord Moynihan.