Sporting Events Bill [HL]

Lord Markham Excerpts

Committee stage
Wednesday 24th June 2026 Lords Chamber

[Lord Hayward (Con)]

My Lords, I welcome the observations made by the noble Lords, Lord Addington and Lord Foster. This follows the line of the issues I raised on Monday concerning the impact assessment and the various impacts on small businesses. This amendment is clearly a probing amendment, but it is intended to establish protections for small businesses that may by chance get picked up in one way or another. We must ensure that we do not damage those businesses. As many of us said on Monday, mission creep ends up negatively impacting small businesses, often by chance.

I welcome the broad principle of this amendment, and I hope that further discussions will ensure that those protections, whether they be for individuals or businesses, are pursued.

[Lord Markham (Con)]

I thank the noble Lord, Lord Addington, and other noble Lords for their gold medal contributions today—if I am allowed to say that, at this stage at least. As the noble Lord, Lord Foster, and my noble friend Lord Hayward set out, there are quite often unintended consequences, the sausage being a perfect example of what we would all agree is a disproportionate response. I think all we are talking about here are common-sense provisions in all of this, which I know are very difficult to draft into any sort of amendment, but which at the same time I think we would all agree would be sensible. With that, I look forward to hearing the Minister’s response.

[The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Baroness Twycross) (Lab)]

I thank the noble Lord for tabling Amendment 58, which would introduce an exception to prohibition on unauthorised association. I understand that this amendment seeks to ensure that a licensed premises’ use of representations in pre-existing advertising material will not breach the prohibition, providing that the use does not suggest that the premises is an official sponsor of, or otherwise commercially associated with, a sporting event to which the unauthorised association provisions have been applied.

I can assure the Committee that a licensed premises’ use, or indeed any wider business use, of pre-existing advertising materials in this way will not breach the prohibition on unauthorised association. That is because the prohibition on unauthorised association applies only where a business uses a representation in a way that is likely to suggest to the public that it has an official association with the event. It is for event owners to agree with athletes and their individual sponsors—in response to the noble Lord, Lord Foster—the types of promotional activity that are to be permitted during an event. That is not for legislation.

I can also provide assurance to the noble Lord, Lord Addington, that the Bill expressly provides that a business will not breach the prohibition on unauthorised association by providing factual information about the services it provides. The intention of this exception in paragraph 3(4)(b) of Schedule 4 is to enable businesses to factually describe goods sold and services they provide in the course of their normal business, where this is done in accordance with honest business practice. For example, a pub will be able to state that it is screening Euro 2028 matches without breaching the unauthorised association prohibition, provided it does not imply that it has an official association with Euro 2028. A B&B will also be able to state that it is within walking distance of a venue for Euro 2028 without breaching the prohibition.

We want to ensure that local businesses can show their support for major sporting events and we will work with event organisers to ensure that this is the case. The prohibition applies only to activity that would suggest to the public an official association with an event, meaning that there was a realistic chance that everyday members of the public would consider that such an association existed. The noble Lord, Lord Foster of Bath, cited the case of Olympic sausages; the example I have been asking officials about as I have gone through it is whether it is likely or unlikely that this Bill would prevent a local bakery selling football-themed cupcakes in support of Euro 2028, and I have been assured that it is not likely that that would happen. So, for the reasons I have set out, I ask the noble Lord, Lord Addington, to withdraw his amendment.

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[Lord Hayward (Con)]

I thank the noble Lord for that clarification, which is important for understanding the directions in which this Bill should go, and what we believe it should achieve.

[Lord Markham (Con)]

I thank my noble friend Lord Holmes, and all other noble Lords, for what I hope people will see as a good debate and a helpful contribution. We hope to make sure the UK is best placed for the best planned events, so I hope this will be taken in the spirit of helpfulness. As ever, my noble friend Lord Holmes brought us to the cutting edge of technology in the need for digital twins, and my noble friend Lord Moynihan set out the perfect example of Queensland for what is happening on that. He was absolutely right to remind us of the dangers from cyber attacks. With my other brief in my science and technology role, I am all too aware of that; it was brought out very clearly by the noble Lord, Lord Foster, with his traffic light gizmo example. I would quite like to have one of those for my way home.

What the noble Lord, Lord Addington, was getting to on the infrastructure and accommodation points was in some ways similar to the point we tried to make in our amendments on Monday to enable an Olympic development-type agency. As he said, it is not a championship-type event; it is a much bigger scale. These are all coming at the Bill from different angles to make sure that if this is to be enabling legislation, it is broad enough that when bodies of that scale are needed, this framework legislation is able to do it. I very much take my noble friend Lord Hayward’s point that we need to make sure we do not build overbearing full-time bureaucracies here.

The amendments in my name, and that of my noble friend Lord Parkinson, are trying to make sure that the UK is the best place possible to host these events. That is why we are asking the Secretary of State to make a report within six months on some of the impacts on and barriers to that. Noble Lords are only too aware that the recent changes to employer NI increases the cost of a worker by about £900 per year, and the minimum wage changes add another £1,000 per year to the cost of each worker. These are exactly the type of people needed to man these events and make them happen. Unfortunately, these recent changes and tax increases will have a disproportionate impact.

[Lord Moynihan (Con)]

When it comes to further consideration of the importance of Amendment 76, to which my noble friend is speaking at the moment, the noble Lords, Lord Mawson and Lord Addington, may well agree that we possibly need to expand on this so that we have the opportunity, not just within six months but within a year, five years and 10 years, to see that there has been an appropriate sporting, social and economic legacy, and indeed a sustainability and environmental legacy. It is really important, because so many commitments are given at the time of hosting a major sporting event. Admirable as it is to have a review after six months, for legacy this is vital. By working together we can learn a lot of lessons that can benefit other host cities around the world for major sporting events. I put that to my noble friend. Does he agree that we can at least look at that before we come to Report?

[Lord Mawson (CB)]

It is a rich conversation, and it is really important that we learn this lesson. One of the things we did not achieve with the London 2012 Games—and it is no one’s fault—was to have someone caring about the legacy and really worrying away on day one when we won those Games.

When we first had that meeting in Bromley-by-Bow in 1999 to worry about all this, we were blue-sky thinking and thought, “How on earth do you make movement on a thing that’s going to be impossible? Paris is going to win—they’re the next one on the list and the IOC has decided already”. Fortunately, through a good friend of mine, Ian Hargreaves, at that time the deputy editor of the Financial Times, I was taken one Saturday morning to meet the architect Richard Rogers at his house in Royal Avenue. I had never met Richard before. We had a conversation to check whether we were mad in pushing this kind of idea. When I shared the thought, he was quiet for about 10 seconds, and I thought, “He thinks we are mad”. But Richard was actually a great risk-taker and had built some amazing things. He said that he thought building a mixed community was the right idea, and that he would like to join us, with his mate Mike Davies, who was just finishing the Millennium Dome at that point. At our second meeting, we began to worry about not only where the venues might go on those 248 hectares but the detail of, for example, the press and broadcast centre. None of us had ever done this before, and we had a conversation about how many journalists there would be; we thought maybe 100 or 200. Richard said he would go away and find out. He had an interesting idea of putting the press centre under the stadium, in a way that only Richard Rogers could have thought of. He came to the next meeting and I asked, “How many is it?” He said, “Andrew, it’s about 100,000”. The press and broadcast centre was a building bigger than Canary Wharf.

During the journey, because no one was at that point owning the legacy, into that building went a massive cable that all the press could use—fantastic value despite its cost—that was then going to be removed in legacy, along with that massive building, at the taxpayer’s expense. Unless a few us—including Gavin Poole who built the Here East development, now a fantastic innovation hub in the middle of the East End of London generating jobs, skills and university investments —had owned that issue of legacy, and the significance of that cable coming into that building, it would all have been lost. My thought to government is this: how do we ensure that on these big events some individual is owning those questions from day one? When Governments put millions of pounds into these things, they need to have longer legs than just six weeks.

[Lord Markham (Con)]

I thank both noble Lords for their interventions, and it shows the richness of this discussion. I agree with my noble friend Lord Moynihan on review timeframes that should be not just six months but longer terms. To the point on legacy from the noble Lord, Lord Mawson, I will add my own small contribution. I was chair of London and Continental Railways around 2019 and 2020. For those noble Lords who are not aware, that was the body responsible for all the regeneration around the Stratford area, as an arm of the Department for Transport. We were developing housing on from that accommodation, and it has been a very successful site for affordable housing. One of the legacies is that on the housing and regeneration front it was massively successful.

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Moved by

[Lord Markham]

83: After Clause 25, insert the following new Clause—
“Limitation of football banning ordersAfter section 14J of the Football Spectators Act 1989 (offences) insert—“14K Banning orders: protection of freedom of expressionIn relation to sporting events to which the Sporting Events Act 2026 applies, or banning orders that result from offences under the Sporting Events Act 2026, nothing in this Act shall be read, or given effect, in a way which prohibits or restricts expressions of antipathy, dislike, ridicule, insult or abuse that do not incite violence or disorder.””Member’s explanatory statement
This amendment is intended to ensure that behaviour at sporting events which is fleeting, non-violent and part of the charged, emotional atmosphere of live sport does not lead to the imposition of football banning orders.

[Lord Markham (Con)]

Noble Lords will notice that I am not my noble friend Lord Young of Acton, who, unfortunately, cannot be here this evening. Unfortunately, my noble friend Lady Davies is also not able to be here. But I would be grateful if the Minister is able to reply to their amendments.

It is my pleasure to introduce this last group: the last lap of the race, which, while not a 100-metre sprint and definitely not a marathon, I think we would all agree has been a well-honed and fast-paced middle-distance 1,500-metre race. It has been a blue-ribbon debate on making sure that we get the best opportunities to bid for the Olympics and the World Cup.

I will move and speak to Amendment 86, on behalf of my noble friend Lady Sater. I know this is an area of great concern. Grass-roots sports participation has been a running theme through all this. Unfortunately, the CQC’s proposed regulations to make all medics at events CQC registered, at a cost of £1,000 and a lengthy registration process, are in danger of destroying a lot of grass-roots sports. We will freely admit—

[The Deputy Chairman of Committees (Lord Beith) (LD)]

Just to be clear, the noble Lord is moving Amendment 83. Amendment 86 is in this group, and the noble Lord is free to speak to it, but he is moving Amendment 83.

[Lord Markham (Con)]

Yes, I am moving Amendment 83 and speaking to Amendment 86 from my noble friend Lady Sater.

As I was saying, there is real concern about the impact of the CQC regulations on these grass-roots sports. If my noble friend Lady Sater was here, she would freely admit that this has been somewhat shoehorned into this debate, but I know that the Minister will understand that, as she participated in the debate on the secondary legislation from the Department of Health and Social Care. There is a real concern that, if volunteers have to spend all this money, they simply will not turn up to events. They will not do them, and that will mean that we will lose a lot of youth football events, rugby tournaments, point-to-point racing and athletics. You name it—we will probably lose it in all this.

We have talked many times about the importance of creating a sporting legacy; that means making sure that these grass-roots events can run. That is why this amendment would require that, within one month of the Bill’s passage, the Secretary of State makes a statement on the impact of these proposals. Clearly, we are not expecting the Secretary of State to do this. This is a probing amendment, but one very much designed to keep this at the top of the agenda. Again, I know that the Minister absolutely understands that, because she participated in the earlier debate, but I am afraid that we—I am looking at the noble Baroness, Lady Grey-Thompson—have been fairly disappointed about the CQC’s response to date, and I know that that is true of many of the sports organisations. This amendment is therefore designed to make sure that this is kept at the top of the agenda, because, if you speak to lots of sporting bodies, there is a concern that we are going to lose a lot of grass-roots events through the CQC’s actions.

I look forward to the Minister’s response. While I have not been able to speak to the amendments from my noble friends Lord Young and Lady Davies, and while they are not able to do so either, I am sure that they will be grateful if the Minister could include those amendments in her reply.

[Lord Doyle (Non-Afl)]

My Lords, I will speak to Amendment 83. I appreciate that the noble Lord, Lord Markham, is not responsible for its content, but since he moved it, I feel obliged to put my objections to it, in the debate that we are having on this group, on record. I object not just to the specifics; this amendment goes against a core value of sport and the sporting events that we have been discussing very positively over the last couple of days of Committee: the power of sport to bring people together. It cannot be right, therefore, that the language of Amendment 83 states that it is only concerned with insults and abuse that “incite violence or disorder”. Surely that is not the bar that we want to set or the culture that we want sport to promote. After all, in recent years we have seen significant progress on the status of, and pay in, both women’s and disability sport. We have seen initiatives such as Kick It Out in football do great work to tackle discrimination in all forms. We now have a situation where there are more than 50 LGBT supporters’ groups within football through the Pride in Football network.

I mention football because, as in all sports, there is much more to do. However, the noble Lord, Lord Young of Acton—I am sorry that he is not here to hear me say this—quoted some homophobic language on Second Reading that he thought we should all be relaxed about and not be concerned by, in the way that authorities are, or the way in which banning orders are a necessary tool within sport.

I simply urge the noble Lord to reflect on the real-world impact of chants from the stands or language down the pub. Why is it that in football, which was the example he cited, in the men’s game we have no out gay players and yet in the women’s game we do? Hosting events surely is about coming together, showcasing not just the best of sport but the best of us as a country, where nobody is intimidated out of taking part and all our citizens can enjoy watching it.

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[Baroness Twycross (Lab)]

I thank the noble Lord, Lord Markham, for introducing and speaking to the amendments on behalf of the noble Baronesses, Lady Davies of Devonport and Lady Sater, and the noble Lord, Lord Young of Acton.

Amendment 83, tabled by the noble Lord, Lord Young of Acton, would carve out a broad category of criminal conduct from the preventive football banning order regime by seeking to exclude behaviour framed as “expression”, even where that conduct has crossed the threshold into criminality. This carve-out is intended to include conduct at sporting events to which the Bill applies, or banning orders resulting from offences under the Bill. On the latter, to be clear, the offences under the Bill will not be added to the football banning regime. On the former, football banning orders may be imposed only by a court and are a very serious measure. They arise either following conviction for a relevant offence listed in Schedule 1 to the Football Spectators Act 1989 or where the court is satisfied that the individual poses an ongoing risk of involvement in football-related violence or disorder. As the noble Lord, Lord Doyle, said, this amendment is not the bar we want to set. Sport should indeed, as the noble Lord said, be the best of us. The noble Lord, Lord Addington, echoed that sentiment.

Your Lordships’ Committee will recall the disgraceful racist abuse directed at Black England players following the Euro 2020 final. The noble Lord, Lord Doyle, rightly pointed out the lack of out gay male footballers in the sport. That behaviour at Euro 2020 was rightly condemned across your Lordships’ House, and it underpins why the banning order regime was strengthened to include communications offences to ensure that those who engage in such hateful, harmful conduct can be excluded from the game. It would therefore be inappropriate to carve out a category of criminal behaviour from the football banning order regime simply because it is described as “expression”. Parliament has already determined that such conduct can meet the criminal threshold. Weakening that framework risks undermining the ability of courts and police to deal effectively with those who jeopardise safety and enjoyment for the vast majority of decent fans, and indeed for sportspeople.

Amendment 85, tabled by the noble Baroness, Lady Davies of Devonport—who is not able to be in her place today—proposes, in the context of events to which the framework provisions are applied, a duty to ensure provision of single-sex competitions and facilities. It also sets out that where the rules of a sporting competition are framed by reference to the gender or sex of the participants, that reference must be to biological sex. Any events to which the Bill’s framework will apply must comply with existing legislation and guidance. In the UK, the Supreme Court ruling provides clarity around the definition of sex within the Equality Act on the basis of biological sex. The EHRC’s updated statutory code of practice has been laid before Parliament, providing essential legal clarity for sports providers, national governing bodies and participants around the country. National governing bodies of sport, local authorities and sports organisations also have guidance and policies in place. We will continue to engage closely with our arm’s-length bodies, Sport England and UK Sport, and the wider sporting sector as Parliament considers the updated EHRC guidance.

Amendment 86 was tabled by the noble Baroness, Lady Sater, and introduced by the noble Lord, Lord Markham. I accept the spirit in which this amendment was laid, and I noted the comments of the noble Baroness, Lady Grey-Thompson, who also spoke to this amendment, as did the noble Lord, Lord Moynihan. This amendment requires a review of the impact of recent regulatory changes that allow the Care Quality Commission to regulate the treatment of disease, disorder and injury—TDDI—at sporting and cultural events. These regulatory changes bring sporting and cultural events in line with other settings where the treatment of TDDI is regulated, such as within hospitals and care homes.

The change means that TDDI health provision at sporting and cultural events will be delivered by professionals with the right set of skills, training and equipment so that the audience and participants receive the right type of help when they need it. It means it will be easier for organisers to pick skilled and safe providers, as they will be listed on the CQC website. As noble Lords are aware, the changes were made following the recommendations by the Manchester Arena inquiry.

During its parliamentary passage, it was clear that Members of both Houses were concerned that this change may have unintended impacts. Ministers at the Department of Health and Social Care have undertaken to work with stakeholders to consider options to mitigate any unintended consequences. The concerns included the impact on events staffed by volunteers, or on specific groups such as search and rescue teams and athletes. Noble Lords who spoke to this also spoke about volunteers, which was a theme in the debate in the Grand Committee I was present at.

This work is ongoing. The Care Quality Commission has met with a broad range of representatives as part of its consultation on this change. DHSC officials are due to meet with chief medical officers from a range of sporting and cultural bodies to discuss this matter further, and I will attempt to clarify when those meetings will take place. Department of Health and Social Care Ministers are in the process of convening a round table with the Peers who spoke during the debate on the statutory instrument on the CQC regulation amendment on 15 April, and I will ask my noble friend Lady Merron to make sure that those who spoke today but were not present at that meeting will be invited. I will also make my noble friend aware of this debate. In the meantime, I ask that the noble Lord withdraw the amendment.

[Lord Markham (Con)]

I thank the noble Lords for their contribution to this debate. As I believe I get almost the last word of the whole Committee stage, I thank everyone. We have had some expert contributions over the two days. We have had Olympic medallists, Games organisers, local government leaders and some keen, if not very able, sports participants: me, the noble Lord, Lord Addington, and others.

We have heard it all. We have heard about Olympic sausages, we have heard about gizmos and we have had the gold medal performance, to say the least, of the Minister agreeing with my noble friend Lord Hayward on a few matters. But there has been a large degree of consensus in this whole debate and a lot of passion and enthusiasm, which has been great to see—particularly in the Leeds contribution. It was honestly really heartwarming to see all our enthusiasm in the Chamber for wanting to make sure that Britain is the winner in all this and in sports events. That is absolutely the spirit of all this.

On the specific CQC point, I know the Minister gets it and hears our concern about the real impact this has. We know that these are well-intentioned CQC changes, but they could have a lot of unintended consequences for grass-roots events. So we would be grateful if, as she said, she can keep us informed and keep this at the top of the agenda. With that, I beg to leave to withdraw the amendment.

Amendment 83 withdrawn.