(2 days, 17 hours ago)
Lords Chamber
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.