(1 month, 1 week ago)
Lords ChamberMy Lords, to intervene for the first time in Committee on this group of amendments is rather an odd one. I had not looked at it when we started out. I also feel that, if you are bringing a games into a country, you are going into an existing framework of laws and rights. If you bring something into a structure and you are going to bid for it, you should take into account whether you can deal with industrial relations. We have done it a couple of times.
As to the amendments from the noble Lord, Lord Fuller, I suggest that you know when you will be working at a games or a championship because you have a schedule of events. It is not a randomised thing. You might have extra time in a championship in one of the big team games, but it is a finite amount of time. We do not play until sudden death. With weather like this and rugby union at the moment, it probably would be death if we played too long.
These amendments are a good probe to get a feel of what is happening, but if you are taking on a project you are taking it on with the risk of industrial relations. Trade unions will flex their muscles, but do they have a right to flex their muscles? Do we have a right to say no? I suggest that there is a real question here. Although it is a valid question to ask, I suspect the answer is that you have to take a few knocks when you are doing this and accept a few uncertainties to get it. If you cannot take some action or make something that will accommodate this, you really are not fit to hold a games.
I thank the noble Lords, Lord Parkinson of Whitley Bay, Lord Markham and Lord Fuller, for these amendments, and the noble Lord, Lord Addington, for speaking to this group. I also join the noble Lord, Lord Parkinson, in welcoming the noble Baroness, Lady Grainger, to your Lordships’ House; I look forward to future conversations with her on this Bill and other related matters.
The amendments from the noble Lords, Lord Parkinson and Lord Markham, would have the combined effect of introducing a framework to prevent transport and local authority workers engaging in industrial action during specified periods linked to sporting events. This would include creating offences relating to participation in, and the organisation or inducement of, such action. In their manifesto, the Government committed to repeal the minimum service level legislation and other restrictions on the right to strike, and we did this in the Employment Rights Act 2025—so, as the noble Lord, Lord Addington, made clear, we have existing laws relating to industrial action.
These amendments seek to reintroduce significant restrictions on the ability of workers to take industrial action. As the period of disruption between 2022 and 2024 demonstrated, bureaucratic hurdles only make it harder for unions to engage in the bargaining and negotiation that settles disputes. Instead of banning strike action, the Government want to bring in a new era of industrial relations that is built on collaboration and co-operation across parties. We are committed to establishing a new model for industrial relations fit for the 21st century, including an industrial relations framework that establishes firm expectations on how workers and employers should conduct themselves. This includes engaging with one another and working together in the interests of the workforce, the economy and the wider public. Our industrial relations framework will build on our legislative agenda and provide guidance on how employers, workers and unions can work together to deliver positive and effective industrial relations, including during periods of industrial action.
Amendment 84, tabled by the noble Lord, Lord Fuller, would mean that the right to guaranteed hours, the right to reasonable notice and the right to payments for shifts moved, cancelled or curtailed at short notice do not apply at major sporting events to which the provisions of the Bill have been applied. The flexibility offered by zero-hours contracts and contracts with a minimum number of hours can benefit both workers and employers, but it is our view that without appropriate safeguards this flexibility can become one-sided. The zero-hours measures in the Employment Rights Act 2025 aim to end one-sided flexibility by ensuring that all jobs provide a baseline level of security and predictability.
I do not think the noble Lord will be surprised to hear that I disagree with him on this being an appropriate amendment. Any exclusions or exemptions at this stage would pre-empt the Government’s consultation on reforms relating to zero-hours and similar contracts, which is currently open. In this consultation, the Government seek to gather insight through the input of stakeholders, including on potential exclusions and exemptions. We need to ensure that the views of all stakeholders are first taken into account before any decisions on exclusions and exemptions are made. We intend to ensure that all jobs provide a baseline level of security and predictability so that workers can better plan their lives and finances. We would be keen for sporting event stakeholders to participate in the consultation on reforms relating to zero-hours and similar contracts to inform the development of the policy. On the basis of the points I have made, I hope the noble Lords, Lord Parkinson of Whitley Bay, Lord Markham and Lord Fuller, will not press their amendments.
I am grateful to the Minister and the noble Lord, Lord Addington, for their comments. As the noble Lord said, there is an element of risk here, but, as we know, this is a proven risk. In 2012, 2022 and earlier this year, we saw the deliberate targeting of major sporting events by trade unions to exert some political pressure, and I was sorry not to hear criticism from the other two Benches about their doing so. We agree that trade unions have the right to make their protest, but I would hope that noble Lords reflect that targeting games such as these, which try to rise above politics—at a geopolitical level as well—should not be targeted in the way that we have seen in the past.
The risk balance has shifted a bit because of some of the changes the Minister outlined. The changes brought in by the Employment Rights Act 2025 do cause problems, which your Lordships’ House scrutinised well and highlighted as that legislation went through. I see that the noble and right reverend Lord, Lord Sentamu, is in his place; he made very strong points from the Cross Benches about some of the perverse effects that Act of Parliament may have. However, even if one accepts the argument the Government were making there, sporting events of this nature are very different. These are temporary, one-off events where people are able to work, as my noble friend Lord Fuller said, in a life-changing way for an event that comes and goes, for which the employment is not there any more.
If we do not make the sort of changes to the Bill we have suggested, we worry that the practical effect will be perverse. Rather than offering more secure work, organisers will simply offer less work and circumvent the guaranteed-hours duty by relying on short fixed-term contracts and outsourced or overseas suppliers, or on asking more of unpaid volunteers, rather than the flexible part-time and casual staff who have made the delivery of previous games such a success. We might return to this in some form on Report. I hope we can keep the discussions on this point going, but for now I beg leave to withdraw Amendment 1.
I thank the noble Lords, Lord Foster of Bath and Lord Addington, and the noble Baroness, Lady Bennett of Manor Castle, for tabling these amendments. I also thank the noble Lords who spoke to them.
Amendments 2, 5, 6, 61, 65 and 67, tabled by the noble Lords, Lord Foster of Bath and Lord Addington, seek to regulate sports rights provisions. Sporting bodies are free to enter into their own sponsorship and broadcast arrangements. In recent years, through these arrangements, the gambling sector has made a significant financial contribution to sports including football, rugby, horseracing and snooker. Of course, I recognise the strength of feeling in this area, which my noble friend Lady Taylor of Bolton spoke to and clearly shares. However, I hope noble Lords can appreciate the Government’s desire to balance the sport sector’s commercial freedom with our ongoing efforts to reduce both gambling harm and the shift towards illegal gambling highlighted by the noble Lord, Lord Parkinson. I agree with him that any action we take in this area should be proportionate.
We take the relationship between gambling and sport very seriously, particularly given its potential impact on children, young people and the vulnerable. I will come on to soft drinks later but, in response to the question from the noble Lord, Lord Addington, on what this Government are doing on gambling harm, since 2024 we have made a number of significant reforms to gambling regulation with a view to tackling gambling harm, building on the White Paper developed and published by the previous Government. We have introduced a statutory gambling levy, which will provide for the first time independent and sustainable funding for research into and the prevention and treatment of gambling-related harms. This has more than doubled the money from the previous voluntary levy. Each year, 20% of funding will be spent on research to strengthen the evidence base on gambling-related harms, as I believe the noble Lord, Lord Foster, is aware. This includes a research fellow within DCMS to look specifically at gambling advertising, bringing together the evidence to see what appropriate steps might be taken. Currently, as the noble Lord is aware, we have no plans to limit gambling advertising further than it is already—clearly, it is already regulated.
We have also introduced online slot stake limits and reforms to marketing rules and we will continue to press operators to improve their self-exclusion schemes. In relation to sport and advertising particularly, we welcome publication of sponsorship codes of conduct from all major sports, as well as the Premier League’s ban on front-of-shirt sponsorship from the start of the 2026-27 season. We have further confirmed that we will consult as soon as possible on the banning of unlicensed sponsorship within sports: in response to the question of the noble Lord, Lord Parkinson, I am very keen, as the Minister, for this to start as soon as possible. I will write to him if we can give further detail on when that will come.
The Government are committed to tackling gambling harm and clear that we must be evidence-led in our policy-making. We will consider next steps to further raise standards in consideration of the evolving evidence base.
In the same vein, moving to limit these commercial partnerships without considering the potential significant impact on the sports and broadcast sector would in our view be inappropriate. The existing regulatory framework for gambling advertising and sponsorship is robust. All operators advertising in Great Britain must hold a Gambling Commission licence and abide by advertising codes enforced by the Advertising Standards Authority. Operators found to be in breach of these codes can be referred to the Gambling Commission for further enforcement action, which may include licence reviews or fines. The Commission has taken a range of enforcement actions on the back of referrals from the ASA, including ones resulting in fines for a range of issues where the ASA has found that the behaviour was particularly egregious.
In relation to the point on the prediction market made by the noble Lord, Lord Foster, in order to operate in Britain, any prediction market requires a licence from the Gambling Commission. We monitor potential impacts of prediction markets carefully. I do not have a response on the extensive points that the noble Lord made on data, but I am happy to meet him to go through that. Therefore, with full respect for this important subject, I do not believe this amendment is necessary, or that this is the right vehicle for changes to gambling legislation. This is a narrowly defined Bill, aimed at attracting and delivering major sporting events.
I turn now to Amendment 37, tabled by the noble Lords, Lord Foster of Bath and Lord Addington, and the noble Lady Baroness, Lady Bennett of Manor Castle, which deals with the important issue of shielding children and vulnerable people from harmful or age-restricted advertising. This is a priority for this Government. Event owners will have to comply with existing legislation and other regulatory requirements in relation to advertising. While there is no specific definition of advertising that is harmful to children in the existing advertising codes, the codes require that children be protected from advertisements that could cause physical, mental or moral harm. The codes also set out the responsibilities of advertisers in relation to age-restricted advertising such as gambling and alcohol advertising. Both through work related to the statutory gambling levy and wider government efforts, my department will continue to work with a wide range of stakeholders to examine the evidence base on the impacts of young people’s exposure to age-restricted advertising such as alcohol and gambling advertising, taking into account the impact on the advertising, media and sports sectors.
Returning to the advertising provisions in the Bill, the advertising offence is designed primarily to protect event owners’ commercial rights by preventing businesses carrying out unauthorised advertising in a restricted zone. However, any activity by event sponsors must be in accordance with existing legislation and other regulatory requirements, including those regarding protection from harms.
I move on to amendments 41, 44, 47, 48 and 51, tabled by the noble Lords, Lord Foster of Bath and Lord Addington, and the noble Baroness, Lady Bennett. They would make it an offence to carry out gambling advertising activity in a restricted advertising zone created by regulations under the Bill. These amendments require a court to share certain information with the Gambling Commission following the conviction of a person who committed an offence under the Bill by carrying out gambling advertising activity. They would also prevent any authorisation under the Bill being granted in respect of gambling advertising.
My Lords, it is a pleasure to follow my friend the noble Baroness, Lady Grey-Thompson. As it is the first time I have spoken in Committee, I declare my technology interests as adviser to the Crown Estate, Endava plc and Simmons and Simmons LLP, and as non-executive director at Avalanche BVI Inc and the Avalanche Foundation. Like the noble Baroness, Lady Grey-Thompson, it seems that I am too slow to compete with the noble Lord, Lord Addington, who never moved that quick on a rugby field. Nevertheless, he still has some pace when it comes to putting down amendments.
Before I speak to my Amendments 90, 92 and 93 in this group, I commend the remarks of other noble Lords. If this Bill’s purpose is to have a situation where we are well set when we come to bids for mega events such as the Olympic and Paralympic Games, the FIFA men’s and women’s World Cup, and so on, we need to ensure that the Bill includes everything that we can know at this stage. If we take a principles-based approach throughout, that gives us the best opportunity. As my noble friend Lord Parkinson pointed out in the form of my noble friend Lord Markham, we know now that gaps exist because we understand from 2006 the need to put in place an ODA, as it was then. As my noble friend Lord Markham said, these amendments may not be word-for-word perfect, but the principle behind them is sound. We are either doing this Bill to have everything that we know at this stage covered to put us in that pole position to host these events, or we are not. There needs to be a distinction when we are going through the Bill between adding provisions—baubling as the Government might call it—and enabling it to be full to its stated purpose. I believe that much of the debate in this group of amendments goes to that second critical point: to make the Bill as fulsome as it can be to achieve its objectives.
Amendment 90 is very much in that vein. It would exclude registered charities from the provisions of the Bill when they are acting under the restrictions of their charitable status. The amendment clearly sets out that if a charity is engaged in a commercial activity or for commercial reasons has a connection with a third party, that obviously would not be included. It also sets out the potential for government to consider a limit. If it is a mega charity, perhaps the provisions of the Bill should apply. This was an issue which we faced very clearly when we were doing the London Olympic and Paralympic Games. It is a cardinal principle when you are involved with these mega events. You have to protect and defend the rights of the marketing partners without whose funding, support and value in kind these events could not happen. It is in no sense trespassing one centimetre on the right of charitable organisations, of which we have such a flourishing community across the UK, particularly local charities, to pursue their charitable objectives without transgressing the provisions of the Bill. I look forward to the Minister’s response on that point.
Similarly, Amendment 92 looks to a social value assessment. This is not extending the provisions of the Bill; it is merely intensifying the impact that these events can have. Again, at London 2012, we looked at everything through a social, economic, environmental and cultural lens. The provisions I have set out in proposed Amendment 92 give some illustrations of social value, but they are in no means an exhaustive list. In reality, it does not impose greater restrictions on an event; it enables it to state its value, through commercial and sporting, into that wider social, environmental and inclusion potential—all positive for the games themselves. I look forward to the Minister’s response to my three amendments.
I thank the noble Lords, Lord Parkinson of Whitley Bay, Lord Markham and Lord Holmes of Richmond, and the noble Baronesses, Lady Evans of Bowes Park, Lady Bonham-Carter of Yarnbury and Lady Grey-Thompson, for these amendments. Amendments 2A, 6A, 58A, 58B and 61A, tabled by the noble Lords, Lord Parkinson and Lord Markham, would allow for the establishment of a delivery authority to prepare for and manage the delivery of a sporting event. As the noble Lord, Lord Addington, said, this is question that is worth asking. I am grateful for the opportunity to reply, and I hope I can give the noble Lord some reassurance on this point.
Although we recognise the intent of these amendments, we do not believe they are necessary. The nature and scope of delivery models for major sporting events are determined based on what is appropriate and proportionate to the needs and requirements of each specific event, including funding and the set-up of governance to support oversight. Establishing a delivery authority is one way to do this. Indeed, it is a method that the UK has relied on before, including, as a number of noble Lords noted, for the London 2012 Olympic and Paralympic Games.
However, setting up a delivery authority with the proposed powers has typically been the exception, not the rule, when it comes to delivering the major sporting events that are likely to fall within the scope of the Bill. Similarly, it is rarely necessary for delivery models to be established on a statutory basis. For example, for Euro 2028, a special purpose incorporated company was established by the five relevant football associations to deliver the event—a proportionate approach, not least because Euro 2028 is relying overwhelmingly on existing stadia and infrastructure without the need for bespoke statutory powers.
However, where a different form of oversight is rightly required, the Government can establish an appropriate delivery body subject to appropriate additional parliamentary scrutiny, as the Olympic Delivery Authority regularly was. In the case of London 2012, the delivery authority was created to take on certain powers as a result of a specific set of requirements that it had to deliver. The hosting of those Games required dedicated oversight with powers to co-ordinate different authorities, given the scale of public expenditure required, including significant investment in the construction of infrastructure such as new venues. I understand that we have seen a shift in what the IOC requires. For example, it now encourages hosts to use existing infrastructure.
In the Government’s view, these amendments are not necessary given the very limited eventualities. The requisite ability to establish delivery bodies already exists to a sufficient degree.
Amendments 3 and 4, tabled by the noble Baronesses, Lady Evans of Bowes Park and Lady Grey-Thompson, would enable the devolved Governments to apply the unauthorised association and transport provisions in the Bill. I agree with the noble Baroness, Lady Grey-Thompson, that we need to get it right. However, I assure your Lordships’ Committee that we have worked closely with the devolved Governments on the provisions in the Bill. Where the provisions are within their devolved competence, we have ensured that they can be applied unilaterally, as is the case with the ticket touting, advertising and trading provisions.
The unauthorised association provisions are reserved and are not within the devolved Governments’ legislative competence. However, they extend UK-wide. The Secretary of State will be able to apply them to events taking place anywhere in the UK, including where no part of the event is taking place in England.
The transport provisions in the Bill relate specifically to transport in England and can be exercised only by the Secretary of State. Transport is devolved, with each Government responsible within their jurisdiction. We explored whether devolved Governments wished to apply the transport provisions in their jurisdictions, and it was confirmed that they were not required.
In England, the provisions are necessary to facilitate the co-ordinated delivery of certain large-scale sporting events that require integrated planning, clear responsibilities and co-ordinated action across boundaries. For UK-wide events, transport planning is co-ordinated through established intergovernmental and operational mechanisms.
Amendment 66, tabled by the noble Baroness, Lady Bonham-Carter of Yarnbury, and the noble Lord, Lord Addington, would insert into the Bill a definition of “sporting event” to include associated events such as qualifying rounds, ceremonies, fan zones, official viewing areas and cultural events. I completely agree with the spirit of this amendment in that major sporting events are often about much more than what happens on the field of play. I thank the noble Baroness and the noble Lord for meeting to discuss this.
My Lords, what an honour it is to follow such distinguished experts in this field: my noble friend Lord Moynihan—like other noble Lords, I am delighted to have him back—my noble friend Lord Holmes and the noble Baroness, Lady Grey-Thompson. It is yet another example, if ever we need it, of how lucky we are to have such a range of expertise in this Chamber.
The points in this debate are very similar to many of the points made on the last groupings. As the noble Lord, Lord Addington, said, while we want this framework agreement to work, is it possible to make it wide enough to cater for all the eventualities that we are talking about? As my noble friend Lord Moynihan mentioned, there is new technology coming along. They were mentioning AI in the Paris bid—think how much it has moved on from then. There are new rights that need to be taken on board, whether LGBT rights as it was last time or some new rights going forward. There are new funding arrangements that are very likely to be put in place.
I struggle to see how we can set this all up in an all-encompassing framework Bill, and I think I speak for all noble Lords when I say that an hour’s debate on some sort of secondary legislation will not be able to cut it in these instances. I do not believe I can add very much to the expertise that we have heard already but, as others have said, this must leave a sports legacy, so I am thoroughly behind the points that have been made. I look forward to hearing the Minister’s points, because there is a lot to consider here.
I thank the noble Lord, Lord Moynihan, for tabling these amendments. I am grateful to him for taking an interest in the Bill, and it is genuinely good to see the noble Lord back and elevated to the Opposition Front Bench, albeit in another department. How could the noble Lord go to another department? The contributions of the noble Lords, Lord Moynihan and Lord Holmes, and the noble Baroness, Lady Grey-Thompson, have been noted by a number of speakers today. We are privileged to have the expertise of the noble Lords and the noble Baroness, who have taken part in the process and been part of that work to define the vision required to win bids.
I hope I can give all noble Lords reassurance that legacy matters to this Government and, as a former London Assembly member, I am clear on the physical legacy that this city received from the 2012 Games. On the question from the noble Lord, Lord Addington, as to whether it is wide enough as a framework, we believe that it is and I will go through the amendments in turn. I hope I can give noble Lords some reassurance.
Amendments 8 and 13 seek to ensure that the appropriate national authority will comply with a host city contract or a host nation contract before regulations applying the sporting events framework can be made. There are numerous agreements and contracts to which this could apply and, in our view, it would not be appropriate or necessary to make the time that regulations would be made and brought into force contingent on compliance with them all. The framework is designed to bring into effect commitments made by national Governments at the point of bidding for an event. The regulations applying the sporting events framework are therefore the closest equivalent to complying with a host nation contract, in so far as one exists; they provide the means for Governments to meet their guarantees to event owners.
Compliance with a host nation contract and the creation of regulations to apply the framework are the same stage of the process, so one cannot come before the other. Host city contracts are made by a combination of local authorities and event delivery companies directly with event owners. These relate to local event needs and are signed in advance of the event. It would not be appropriate to make a national authority a signatory of that agreement, when the provisions contained within it are for local delivery and the national authority is not responsible for delivering them.
In some cases, the appropriate national authority may extend provisions in the framework to enable a local authority to fulfil its hosting agreement—for example, to enable the local authority to take enforcement action against unauthorised advertising and trading in a restricted zone. But, as with the host nation contract, any host city contract that relies on this framework would be complied with only at the point when the regulations are made, thereby making this amendment redundant.
On Amendments 18, 20 and 21, I understand that their intent is to further narrow the conditions for applying the framework, requiring an event to be of significant international interest, to bring economic but not social benefits and to have a sporting legacy in the United Kingdom. However, the Government do not agree with this approach. While major sporting events generate international interest and build the UK’s standing around the globe, they also deliver other significant and wide-ranging benefits, as was widely acknowledged during Second Reading. These are not restricted only to economic benefits, nor the sporting legacy of such events, although I agree that that is significant. They bring sport to different communities and demographics; they improve opportunities to increase participation in sport and physical activity; and they generate moments of collective experience that contribute directly to social cohesion and advance our national story.
The Bill is drafted to ensure that these kinds of major sporting events can still be captured by the Bill and that while international interest is one important factor, it is not the only factor on which an event could access these provisions. International interest is a broad category and may be shaped by many factors, including global and regional politics, changing media trends and the diplomatic ambitions of the Government. This amendment would need a highly specific definition of international interest for it to be required as applicable. Those thresholds would be entirely arbitrary, set at a point in time and potentially irrelevant or outdated soon after. What is deemed significant international interest can vary significantly. For instance, particular events may generate extremely high interest in certain parts of the world and relatively little in others. The test of international interest as currently framed provides flexibility to consider a range of factors on a case-by-case basis.
I am happy to talk to the noble Lord, Lord Moynihan, and other noble Lords further on the points raised in this debate. I know and appreciate that all noble Lords taking part in the debate want the Bill to deliver what we intend. However, for the reasons I have set out, I ask the noble Lord to withdraw his amendment.
My Lords, I thank everybody who has participated in the debate, particularly my noble friends in sport, the noble Baroness, Lady Grey-Thompson, and the noble Lord, Lord Holmes. I did not live up to their expectations; I was first of the losers, getting only a silver medal at the Olympic Games while they had many gold medals to their names—albeit that I got a silver medal by 0.6 of a second behind the East German eight, who subsequently sued for the damage that the drugs they took during that event had done to them. But that did not prevent them retaining their gold medal. To be honest, all sports men and women know that it is the event on the day and the memory of that event that matter most.
I thank my noble friend, who has rowed in the Boat Race, for his constructive and very good challenge. We are looking for a way of broadening the Bill in a rational way. He is right to draw the distinction with events that are internationally renowned. As my noble friend Lady Evans says, these are the ones that define our well-earned sporting reputation for being able to host such major events on the global stage. Whether it is done through that or another metric, this is well worth looking at in greater detail as we head to Report.
My noble friend Lord Fuller asked where this all ends, but the question really is: where does this begin? We are promised a major events strategy from DCMS. I understand that the Government have taken the legislative slot that is available and proceeded with the Bill now. They are right to do so, but it is a shame that we did not have that strategy in advance of this Bill. It would have informed some of the debates here and answered some of the questions that noble Lords have raised on cultural events, music events and ticketing provisions that apply there as well. Perhaps the Minister can say a bit more about when we might see that major events strategy, how it is designed to feed into this framework and the thinking that has gone on in her department in drawing up this Bill in advance of that strategy. It is slightly unfortunate that we are discussing it this way around because of the legislative time available.
I thank noble Lords for their amendments in this group. If we can work constructively, as my noble friend Lord Moynihan and others suggest, we can take the opportunity to be a bit bolder and help the organisers of major sporting events—which do so much to enhance the soft power and renown of this country—to do so even better in the future.
I thank the noble Lord, Lord Addington, and the noble Baronesses, Lady Bonham-Carter of Yarnbury, Lady Evans of Bowes Park and Lady Grey-Thompson, for these amendments and for their time to discuss an important topic. Regarding the point raised by the noble Lord, Lord Addington, I genuinely appreciate the spirit in which he and others have tabled these amendments. The noble Baroness, Lady Evans, gave a remarkable list of recurring events that we have in this country and highlighted the value—including the economic value—of events such as Silverstone.
I assure your Lordships’ Committee that the Government are committed to supporting our domestic sports sector and the UK’s sporting calendar, building on the strong partnerships and existing frameworks already in place. This work will be underpinned by the UK-wide major events strategy, which—in response to the question from the noble Lord, Lord Parkinson—my department intends to publish within the next 12 months. This will set out our priorities for major events taking place across the UK, covering major events in all sectors—cultural, sporting and business. I hope that the process of undertaking this strategy makes some of those sporting organisations that the noble Baroness, Lady Grey-Thompson, says feel unloved now feel that this puts them front and centre of our minds and priorities at DCMS.
The time-limited provisions in the Bill are designed to attract specific one-off events that require the Government to make commitments to event owners during the bidding process. It is not possible to secure the hosting rights for these events without making such commitments. Global competition to secure these events is only increasing. For the UK to remain competitive against this global competition for the biggest international events, we need to show that we are event ready to meet event owner requirements.
The noble Baroness, Lady Evans, made a point around the Cricket World Cup. The nature of the framework means that we expect particular events to be considered on a case-by-case basis. However, the ICC Cricket World Cup is the type of event that could meet the conditions, depending on the exact circumstances of the event. In contrast, events that are hosted on a recurrent basis in the UK do not generally have the same externally set mandatory requirements as events that hold competitive international bid processes.
As the Bill was developed, we worked closely with some of the biggest recurrent sporting events to understand the demand for these provisions. While there was some interest in the advertising and trading provisions, we found that there was no clear or consistent evidence base on the negative economic impact of the status quo for the inclusion of a breadth of successfully recurring domestic events. Where interest was expressed, we also found that there was insufficient appetite from the sector to fund the enforcement action that would be required of local authorities should these provisions be extended to them. We are continuing the discussions with relevant bodies that have taken place since Second Reading.
No assessment was provided during the discussions prior to Second Reading of the likely enforcement burden. Given that these are criminal offences, enforcement by any organisation other than a public body would not be appropriate or proportionate. None the less, I am genuinely grateful for the constructive ways in which noble Lords have raised points regarding the potential for us going further and for highlighting the importance of recurrent sporting events. They have a significant, cherished and valuable role for the nation.
The point made by the noble Lord, Lord Hayward, about the London Marathon potentially having 100,000 athletes and accompanying visitors—I will not be taking part and am more likely to be an accompanying visitor—shows the scale of these domestic events. I would welcome further discussion with noble Lords on this matter and will continue to listen to views from the sports sector. Upon reviewing any new evidence, I will consider carefully what steps would be appropriate and practical.
On the points raised by the noble Baroness, Lady Grey-Thompson, around better facilities for women and girls, the Government’s £400 million investment into grass-roots facilities will continue to support increased participation for women and girls through a place-based approach across the UK over the next four years. We will more than double priority access to grass-roots football pitches for women and girls in England as part of plans to honour the Lionesses’ victory at UEFA Women’s Euro 2025, as well as dedicating flagship sites to the Lionesses. The Football Foundation has also launched the Lionesses HERe to Play fund, providing small grants to create welcoming, safe and accessible facilities for women and girls.
The noble Baroness, Lady Grey-Thompson, the noble Lord, Lord Hayward, and others also highlighted provision and access for people with disabilities or other protected characteristics, which I look forward to debating in a future group in Committee on Wednesday. I thank the noble Lord, Lord Moynihan, for his suggestion.
The noble Baroness, Lady Grey-Thompson, raised the point about how we encourage physical activity and, critically, make sure that we do not just have elites and then the rest who are not fit and healthy. The development of grass-roots sport outside school and how we encourage physical activity is critical for this Government. This year, we are already investing £85 million through the multisport grass-roots facility programme to build and upgrade high-quality grass-roots sports pitches and facilities in the communities across the UK that need them most. This is part of a total package of at least £400 million that will be invested in new and upgraded grass-roots sports facilities in communities right across the country.
My Lords, my noble friend Lord Hayward issued a useful corrective. Just as there is no such thing as government money but only taxpayers’ money, there is no such thing as free-to-air broadcasting; we pay for it through some means or another. It is a timely reminder in a year when we look again at the BBC’s royal charter and the licence fee model, which pays not just for the BBC but is required for viewing any of our public service broadcasters.
We are in many senses overdue a debate about the listed events regime by which we try to pick those crown jewels of sporting events. We would have had one during the passage of what became the Media Act 2024, but because that was taken in wash-up, we did not have the debate that perhaps was needed then. I hope that as we look at the royal charter for the BBC, we can look at this in some detail. Maybe the Minister can say a bit about that either now or at subsequent stages on the Bill.
This was looked at at Second Reading by my noble friend Lady Davies of Devonport, who spoke powerfully about the fact that if public money—taxpayers’ money—is spent on hosting major sporting events, we want as many of those taxpayers as possible to be able to see, benefit and be inspired by them. The noble Baroness, Lady Grey-Thompson, was right about the importance of visibility and prominence, particularly of the Paralympic Games, which has done so much to change people’s perceptions of those with disabilities and brought so many broadcasters and commentators with disabilities on to our screens when so many people are watching with great pride and excitement.
Like the noble Baroness, I share some sadness that the Commonwealth Games will not be broadcast on the BBC this year, for the first time since the Games began in 1950. The live rights have gone to TNT Sports and only highlights will be available on a public service broadcaster—Channel 5. One thinks of seminal moments such as Roger Bannister’s “miracle mile” and the people who will not be able to be inspired by moments such as that.
I look forward to the Minister’s response. It links very much to the debates we need to have over the BBC’s royal charter and paying for our public service broadcasters. Again, this hits at the problem we have in the Bill. We are trying to set up a framework anticipating what the world will look like many years hence in many different ways that have a knock-on effect for sporting life in this country.
I thank the noble Baronesses, Lady Bonham-Carter of Yarnbury and Lady Bennett of Manor Castle, and the noble Lord, Lord Addington, for their amendments. Amendments 15 and 26 seek to add a further condition to the Bill’s framework, requiring any qualifying sporting event to make live coverage free of charge to the UK public. I agree with the noble Baroness, Lady Bonham-Carter, about the importance of having, for example, the Lionesses on the BBC and the Channel 4 coverage of the Paralympics.
I and the Government recognise the intent behind these amendments and are committed to ensuring that major sporting events are as accessible as possible to people across the UK, including where broadcasting is concerned. Indeed, during the debate on the football regulator, one of the discussions we had was about what made a spectator and what made a fan. For most people, it is not watching it live but instead watching it largely on television.
However, unfortunately, these amendments are not ones that the Government can support. The central issue is that they would make the application of this framework dependent on broadcasting arrangements having already been secured on free-to-air—I take the point made by the noble Lord, Lord Hayward, which was repeated by the noble Lords, Lord Holmes and Lord Parkinson, that it is not free-to-air but rather it is free-to-air once you have paid your licence fee or an equivalent free-access basis.
Decisions relating to the broadcast coverage of sporting events are commercial matters for broadcasters, event organisers and the holders of broadcasting rights. Those organisations are operationally independent of government, and rightly so. Broadcasting rights provide essential income for national governing bodies and sport broadcasting rights holders, which enables them to invest in their sports, future events and, as the noble Baroness, Lady Grey-Thompson, said, grass-roots sports. She cited the example of Wimbledon, but there are other examples from across the piece. This amendment would place tighter controls over their ability to generate much-needed broadcasting revenue for an indefinite period.
There is also a practical concern. The timelines for agreeing broadcasting rights will not always align with the bidding processes and other requirements that this framework is intended to support. Making the framework conditional on those agreements already being in place could therefore create delay, uncertainty and unnecessary rigidity. Other bidding nations may not be subject to such restrictions, potentially making the UK less competitive.
The Government are absolutely committed to ensuring that there is a breadth of free-to-air coverage of sporting events for licence fee payers. I agree with all noble Lords who stressed the importance of people seeing sport. The current listed events regime is designed to ensure that sporting events of national significance are available to as wide an audience as possible by prohibiting exclusive broadcasting of the event without prior consent from Ofcom.
In response to the point that the noble Baroness, Lady Bennett, made about people being potentially excluded by dint of their economic circumstances, the listing of events ensures that broadcast rights to that event, if offered, must be made available on fair and reasonable terms to the free-to-air channels received by 95% of the population.
The Government believe that the current listed events regime works well and strikes a perfect balance between encouraging free-to-air access to a number of sporting events for audiences and allowing sports to maximise broadcasting revenue to invest in the growth and development of those sports. I note the point made by the noble Lord, Lord Addington, that the ability to talk about having seen major sporting events is a bonding event, which can exclude people who are not able to take part in that. In any event, we would expect broadcasters and sporting rights holders for specific events to think carefully about the balance between generating much-needed revenue and ensuring access to sports coverage for viewers, ensuring the growth and development of the sport.
Amendment 79 seeks to ensure that where the Secretary of State gives financial assistance under Clause 25 in respect of a sporting event, she must require the recipient to take all reasonable steps to ensure that live coverage of that event is made available free of charge, either directly or on a platform accessible without subscription in the United Kingdom. The Government fully recognise the importance of broadcasting certain sporting events to attract significant audience interest and make events as accessible as possible. We appreciate the sentiment that, where public support is involved, sporting events should be as widely available to the public as possible. However, again, this amendment is not one that the Government can accept.
The first reason is one of principle. Clause 25 is a funding power, intended to support the effective delivery of sporting events. It is not a broadcasting regulation power, nor is it intended to be used to direct or shape the outcome of commercial negotiations over media rights. Broadcasting arrangements for sporting events are matters for broadcasters, event organisers or the holders of the broadcasting rights, all of whom are operationally independent of government. It would not be appropriate to use the Bill or this funding power to intervene in those negotiations indirectly through grant conditions.
Secondly, funding decisions, event planning and broadcast rights negotiations do not always proceed to the same timetable. As a result, the amendment could create delay, complication and uncertainty in the use of Clause 25 support.
Thirdly, there is a risk to workability. If organisers or recipients cannot be confident about satisfying such a condition at the relevant point in time, it may make financial assistance harder to administer and could reduce the flexibility that Clause 25 is designed to provide.
For those reasons, I respectfully ask the noble Baronesses, Lady Bonham-Carter of Yarnbury and Lady Bennett, and the noble Lord, Lord Addington, not to press their amendments.
I thank my noble friend Lord Moynihan for introducing this group and thank noble Lords for their contributions. This whole debate shows that it is a complicated area and begs the question whether this is the right Bill for it to be in. At the very least, we need another Bill very quickly to cover all the complications that it brought up and apply it to music and cultural events as well as those brought up here.
The point about FIFA was a very good example, with the US World Cup. It shows how difficult it is to try to create a catch-all Bill when we know how fast the environment is moving, and that FIFA might change its rules, as it has done for this World Cup—let alone when you come to some of the technological advances that my noble friend Lord Holmes brings up, and trying to cater for those today in a Bill when we know just how quickly AI and other technological advances are going.
My own amendments are modest in nature, in terms of trying to enable the charitable resale of tickets. At the same time, I think that they introduce an interesting conundrum. If we are saying that we are very happy for a charity auction to get a good price—and generally we want it to get as good a price as possible—we are saying that we do not mind profiteering in principle as long as it is for a good cause. Again, that brings some interesting complications into this matter.
On our amendments around a genuine resale market, as our amendment tries to show and as that of my noble friend Lord Fuller tries to show, there are genuine and legitimate reasons to want to resell your ticket, and the legitimate platforms have a good role there. It should be legitimate that they charge a reasonable service fee—I think that the 10% mentioned by the noble Lord, Lord Addington, is probably a reasonable indicator there. But there is a proper function that they can play, and we would much rather that they played those roles rather than driving it under cover to the ticket touts, where you can get the real price gouging, for want of a better word.
Probably what this debate shows, like many of the others tonight, is that it is a very complicated area. To try to get it all into one catch-all Bill becomes more and more complicated. I look forward to hearing from the Minister how the Government are going to cater for this issue and for many of the others.
I thank the noble Lords, Lord Holmes of Richmond, Lord Parkinson of Whitley Bay, Lord Markham and Lord Addington, and my noble friends Lord Bassam of Brighton, Lord Stevenson of Balmacara and Lady Keeley for their amendments. I also thank the noble Lord, Lord Moynihan, for giving notice of his intention to oppose the question that Clause 5 stand part of the Bill. I count myself as among those who were slightly surprised at this, but I appreciate having heard the noble Lord that this is because of his consistent opposition to the many ills associated with the secondary ticket market. However, I do not accept that it is not appropriate for these measures to be in the Bill—but I shall go on to that later.
Amendments 27 and 89 tabled by the noble Lord, Lord Holmes of Richmond, would require the Secretary of State to introduce an accessible ticketing quota in regulations, and that related information must be included in a register held by authorised ticket sellers. We are determined that when the UK hosts major events, we lead by example in ensuring they are inclusive and accessible to the widest possible audience. That is why we have worked with UEFA on its approach for Euro 2028, which seeks to put fans first with transparent and accessible ticketing principles. It was interesting to hear the examples given by the noble Lord, Lord Holmes, on accessible ticketing. Noble Lords may be aware of another example, which is in my speaking notes, of UEFA’s track record in this regard for Euro 2024. UEFA partnered with the Kaizen Foundation in Germany for the 10,000 Smiles project, which provided free tickets through sponsorship to children in host cities from underprivileged backgrounds and for children and adults with disabilities up to 21 years old.
Amendment 28, tabled by the noble Lords, Lord Parkinson of Whitley Bay and Lord Markham, introduces an exception to the ticket touting offence for a person selling an event ticket as part of an auction provided that the proceeds go to charity. While I recognise the spirit, the framework approach calls for proportionality to be reconciled with the requirements of event owners and the guarantees provided by Governments. We will do this through introducing appropriate exceptions to the ticket touting offence in regulations on a case-by-case basis. It may not be appropriate to do so where an event has an official charity partner with an exclusive right to raise proceeds through the auction of event tickets. Where this is the case, charities looking to raise money for themselves would be able to apply for authorisation to auction tickets. This request would be considered on a case-by-case basis.
Amendment 28A, tabled by my noble friends Lord Bassam of Brighton, Lady Keeley and Lord Stevenson of Balmacara, would require a review of the impact and effectiveness of the ticket touting provisions within 12 months of Royal Assent. The first use of these provisions will be for Euro 2028, with tickets expected to go on sale after the final tournament draw in December 2027. We are committed to an evaluation of the application of provisions in the Bill within 12 to 18 months of Euro 2028. We therefore do not believe that this amendment is workable or necessary.
I would not normally intervene. However, I was clear that we are going to introduce a draft Bill and will introduce legislation in due course, so I feel the noble Lord is going slightly beyond my response. I am happy to sit down and talk to any noble Lord about the ticket touting measures coming up, but I cannot accept that we are not taking it seriously, as the noble Lord suggests.
That is an extremely important and welcome intervention, but the Minister said “in due course”. Can she commit that that means during this Parliament?
I cannot commit to a timescale, but I have offered to have a meeting where we can discuss that in further detail.
To fail to commit for the whole of this Parliament, when we have years to run, is disappointing, given the strength of the comments made by the Prime Minister and other Ministers in recent months. It is vital that the Government indicate by the time we get to Report whether they will legislate during this Parliament.
The public have longed to get legislation on to the statute book to protect people from being ripped off and turning up at many concerts, having paid a lot of money to bring their kids down from wherever they live, to find out that they have a forged ticket. That must be stopped. We must have tough legislation. That is why I share with the noble Lord, Lord Bassam, the need to legislate on this and why we were so pleased that the Government were willing to come forward with legislation that Parliament could consider. To know that this might not happen in the current Parliament would be deeply disappointing.
My Lords, in many senses, we have outperformed a World Cup football squad tonight, because we have hit the target ahead of schedule for this first day in Committee, and we have done it without a hydration break.
Let me begin with the two amendments I have tabled in this group. It is an important group on which to end our debate, because it deals with the significant impact of the Bill on the restrictions on commercial interests, small as well as big, a point that my noble friends have rightly accentuated. My Amendment 40 seeks to create an exemption for charities from the advertising offences in the Bill, applying only where a charity is advertising wholly or partly for the purpose of promoting itself or a specified list of charitable services. I hope the Minister will be attracted to it. It is word for word taken from the provisions in the Birmingham Commonwealth Games (Advertising and Trading) Regulations 2021. If it was suitable then, why not for the new framework that we are seeking to set out?
Amendment 55 similarly relates to charitable exemptions. Paragraph 1(2)(d) of Schedule 3 to the Bill states that a “Trading activity” includes
“appealing for money or other property (whether for charitable or other purposes), with the exception of begging”.
That means that the offence of trading in a restricted trading zone applies to charitable fundraising but not to people who are begging. I wonder if the noble Baroness can explain why it has been drawn up in that way. Surely we do not want to restrict people from collecting for good causes where that can be done in a way that is consistent with the sporting event, particularly when we consider that charities historically have been exempted from the advertising offences when we have hosted sporting events of this nature in the past.
I have tried in doing that to follow the example that my noble friend Lord Holmes of Richmond has taken with his Amendment 39. As he said, that mirrors the approach taken in the London Olympic Games and Paralympic Games Act 2006, which provided carve-outs for community and educational uses, and I congratulate him on the way he set that one out.
I thought that the noble Lord, Lord Addington, undersold his Amendment 38 a little. It concerns the impact of exclusive advertising authorisations on small and medium-sized enterprises and, as my noble friend Lord Hayward has done, it is worth drawing the Committee’s attention to what the Government’s own impact assessment says about this, because it is rather revealing. The final stage impact assessment, published by the department, acknowledges candidly that the provisions most likely to affect small and micro-businesses are the trading provisions of this Bill, which could prevent established street and market traders operating as usual in and around restricted zones. It recognises that there may be
“small disproportionate impacts on local traders relative to the broader business community”.
Therefore, it acknowledges that the greatest potential impact will fall on street traders in affected areas—as my noble friend Lord Fuller said, the people who add to and enhance the enjoyment of many people going to sporting events. The impact assessment promises that
“careful consideration will be given to how best to mitigate these impacts when making regulations on a case-by-case basis”.
That is a candid admission, but candour in an impact assessment is not the same as a legal safeguard in the Bill. Amendment 38 from the noble Lord, Lord Addington, seeks to translate the Government’s own stated intentions from the impact assessment into an enforceable obligation. I think that one is worth the Minister looking at carefully in her response this evening but perhaps also as we consider all the issues we have looked at today between now and Report. I am grateful to noble Lords for all their amendments in this group.
I thank the noble Lords, Lord Addington, Lord Parkinson of Whitley Bay, Lord Markham, Lord Fuller and Lord Holmes of Richmond, for their amendments.
Amendment 38, tabled by the noble Lord, Lord Addington, would require a designated person to have regard to additional factors related to small and medium or local enterprises when determining whether to grant an advertising authorisation. We share the noble Lord’s intention to ensure that such businesses are not unfairly impacted and that they are able to benefit from the sporting event where appropriate.
In the interest of proportionality, we intend to minimise the impacts of the advertising provisions on existing businesses by introducing exceptions to the offences in regulations. These exceptions would be based on existing advertising controls to allow usual advertising on business premises. Businesses within a restricted zone wishing to display advertising that is not subject to an exception may be able to seek authorisation to do so—for example, from the event organiser or local authority. Where an authorisations process is in place and the proposed activity does not undermine commercial sponsors, businesses with an existing licence to advertise should be given precedence.
Before making regulations, the Secretary of State or devolved authority must consult with the relevant authority and any other persons. This could include local businesses. Guidance setting out the advertising restrictions that will be in place must also be made available.
Amendment 39, tabled by the noble Lord, Lord Holmes of Richmond, would create an exception to the advertising offence for certain non-commercial entities. We recognise the vital work each of these does for local communities. In most cases, they will not be affected by the advertising provisions in the Bill. I will say more on charities shortly, but I stress that the advertising offence will capture charities and other non-commercial entities only if they are advertising a business, product or service in a restricted zone. Where such entities could be affected, we will look to provide an appropriate exception in regulations. This will ensure that the interest of any charity partner in an event, if there is one, can be taken into account where necessary. Generally, this means providing exceptions in regulations on a case-by-case basis to ensure that they are proportionate, workable and event-specific. Again, guidance will be made available, making clear how non-commercial entities could be affected and the options available to them.
Amendment 40 tabled by the noble Lord, Lord Parkinson of Whitley Bay, and supported by the noble Lord, Lord Markham, creates an exception to the advertising offence for promoting charities and certain charitable services. We share the spirit of this amendment. However, as this is a UK-wide framework, exceptions must be workable across the four nations. These separate jurisdictions have differing laws defining and regulating charities. To ensure that exceptions related to charities can be applied effectively, these will need to be brought forward in regulations drafted in accordance with local laws, taking into account the interests of any charity partners. Charities will be captured by the offence only where they are promoting a product, business or service. As I stated in relation to a previous group, exceptions will always be provided for advertising certain charitable services—for example, crisis mental health support services such as a hotline. To highlight our intention in this area, the Bill explicitly states that exceptions to the advertising offence could be made for the purpose of promoting charities or services provided by charities.
Amendment 55, tabled by the noble Lords, Lord Parkinson and Lord Markham, would remove appealing for money or other property from the definition of “trading activity”. I believe it was this amendment that the noble Baroness, Lady Grey-Thompson, spoke to when she talked about knitted items and proportionality in relation to that. That was a good example and the type of example I have been putting to the Bill team to test. I understand that this amendment is looking to probe why charitable fundraising is within the scope of the trading offence. The trading offence is designed to regulate activity that could disrupt the easy and free movement of spectators and provide a mechanism to control the number of traders, including charity collectors, operating within a restricted zone. For this reason, a number of local authorities already regulate charity collections in public places. Although I am sympathetic to the spirit of this amendment, a blanket exception for charitable fundraising could undermine these objectives. For example, an event may have an official charity partner which may need to be given priority over a fundraising activity in a restricted trading zone.