Health Protection (Coronavirus, Restrictions) (No. 2) (England) (Amendment) (No. 2) Regulations 2020

Lord Moynihan Excerpts

Friday 18th September 2020 Lords Chamber

[Lord Moynihan (Con)]

My Lords, I intend to focus my remarks on the exemptions made in paragraph (4)(b) in Regulation 5B in Part 2 of Statutory Instrument 2020/907, where

“the relevant gathering is necessary for the training of or competition between elite sportspersons”.

While this is welcome, many sports event organisers are in the dark and unable to fully prepare for the impact of the restrictions and readily work out what they can, and cannot, lawfully do. If the idea of the more recently introduced rule of six as applied to elite sport was to simplify the law for the general public, does my noble friend accept that recent announcements regarding grouse shooting and polo imply that any recognised sport or recreation can be exempt, whether or not elite?

There was an announcement under the rule of six that sports gatherings for people who are not elite sportspersons to

“take part in any sport or other fitness related activity”

are also exempt from the gathering limits, provided they are run by businesses or other organisations and operate Covid-safe protocols. Can my noble friend confirm that any such gathering can now be exempt over and above elite sportsmen and women, providing they are run by a business, in its widest legal definition?

Are the Government comfortable with the word “elite” in this legislative context of sport? Many sports and pastimes are now rapidly looking to rebrand themselves as elite—currently the only level of competition allowed to resume save behind the closed doors of defined places, including schools. Is there a clear definition between playing sports formally and informally? If so, it would be useful to understand it. Am I right in understanding that, while formal training with a football team, for example, is permitted, a social kick-about in the park with more than five friends is not, unless it is run by a business or a self-appointed sporting body?

Recreation is critically important in times of local lockdowns, and we need legislative clarity where sport and recreation are concerned.