Her Late Majesty Queen Elizabeth II

Lord Moynihan Excerpts

Saturday 10th September 2022 Lords Chamber

[Lord Moynihan (Con)]

My Lords, I will always treasure the privilege of having enjoyed many discussions with Her late Majesty about her enthusiasm for sport—never restricted to equine events but they were never far away. From my first meeting with her, over tea at Royal Ascot when I was Minister for Sport back in the 1980s, to her memorable involvement not just in the opening ceremony but throughout the years leading up to the Olympic and Paralympic Games 10 years ago, every conversation was an insight into her love of sport. In horseracing, as we have heard, she had a truly encyclopaedic memory for equine breeding and bloodlines. She was also equally interested in the recollections she could share of great sporting events that she attended. All were moments of great joy to her. No surprise, then, that she is the only person in history to have declared open two Olympic Games.

I was to learn that, for her, sport was a beacon of hope for communities. Sport gave her a unique vista from which to share and celebrate an enthusiasm that was so central to the life of her husband and so key to the many sporting successes and achievements of members of her family. Her late Majesty was both a mother and grandmother to Olympic athletes, and many members of her family have been involved in Olympic sports both domestically and internationally.

I believe that it was the joy that sport generated within her family that led her to recognise, build upon and empathise with the belief that she shared with countless hundreds of thousands of people worldwide. This showed in the genuine enthusiasm with which she celebrated the achievements of athletes and the coming together of like-minded nations in a way that nothing else could. Her late Majesty recognised that sport was underpinned by a trio of timeless and essential values: excellence, respect and friendship—values that she embedded in her remarkable approach to life. Only genuinely held values can be reciprocated in kind. The reaction from the world of sport, governing bodies and international federations of sport around the globe have echoed their appreciation of that genuine passion, including the International Olympic Committee and the British Olympic Association, of which she was patron.

The late Queen witnessed the value of sport in small African villages and communities on every continent, and she recognised that sport was far more than elite competition. For her, sport for all was the connecting thread that binds together and unifies the fundamental principles of non-discrimination, universality, tolerance and solidarity, which were the building blocks of her relationships with everyone she met.

As many noble Lords have said, Her late Majesty’s close association with the Commonwealth, particularly the Commonwealth Games, of which she was patron, most reflected her understanding of love and love of sport, and its power to form bonds of communication and instinctive affection. To Her late Majesty, the Commonwealth Games confirmed a lifelong commitment to people who recognised that, despite their religious, political and legal differences, the Games were and could be a catalyst for good—welcome proof that so many members of the Commonwealth family could meet in friendly rivalry and competition and, from the world of sport, create lasting friendships across borders and nation states, which can find their genesis in sport. That affection was reciprocated in full.

Since then, every Commonwealth Games has become a trademark opportunity for Her late Majesty to demonstrate her passion for uniting communities and doing what she could to build a world of seamless affection, respect and admiration. In late July 1966, only a few days before she presented football’s World Cup trophy to the England captain Bobby Moore after the final at Wembley, she stepped out into the courtyard at Buckingham Palace to place a message for Jamaica into a specially designed baton, and she fully engaged with those Games.

But horses were her great love. Here in Parliament, preparations for the day of one memorable State Opening of Parliament had to take into account the need for the carriage horses and an Ascot landau, which is one of the five carriages kept in the Royal Mews, to be at Ascot for the royal procession. The dates looked set to clash in the royal diary. The royal carriages and horses set to bring Her late Majesty to Parliament were also needed to take her down the straight mile that afternoon, and they could not make it in time. There was little doubt about which venue took priority that day. The horses relished the Royal Ascot mile, and I am sure that they were not alone.

This communality of sport provided the British public with one of the many means of showing their respect, affection and love for Her late Majesty. She understood the power of so many different sports, not least country sports, and their power to transcend social boundaries, to develop a common language that forms strong binds across societal divides, to reach out and to connect. She so genuinely understood these values, and by embracing them the world of sport is united in a sense of loss, gratitude and respect. God save the King.

[Lord Woolley of Woodford (CB)]

My Lords, one of the downsides of being one of the youngest Peers on these Benches is that you are expected to go last. It is a privilege to pay tribute to Her late Majesty Queen Elizabeth II. I would like to make two points, one general and one personal.

When we talk about public duty, we barely do the phrase justice when associated with Her Majesty the Queen. I recently watched that documentary again made about the Queen, telling the story through her lens, and I was struck by one of the phrases that she used when she spoke about public duty. She said that public service is sacrifice. My Lords and Ladies, what service and what sacrifice she has given us. We in both Chambers could take a leaf out of her book when it comes to selfless service; it is not about us and our often inflated egos, but about what we do in public service.

On a personal note, like some other noble Lords here, I would imagine, I had my day at the Palace. Almost three years ago to the day, I was knighted. When you go in, you do not know who is going to knight you, and I was nervous already. When I knew it was the Queen, I was as nervous as nervous could be. Most people out there only see the Queen on TV or on our banknotes, and there she was in front of me, in real life. She sensed my nervousness, leaned forward and made me feel extremely comfortable. She began chatting, and we were even joking at one point. My son in the audience was craning his neck like a giraffe and looking around, saying, “That’s my dad.” When I came out, I came round to him and he came to me enthusiastically and said, “Dad, you made the Queen laugh. What did you say?” I leaned back and said, “Son, it’s a secret.” It was a special day for me and for all of us. May Her late Majesty rest in deserved peace, and God save and good luck to the King.

Hillsborough: Collapse of Trials

Lord Moynihan Excerpts

Monday 14th June 2021 Lords Chamber

[Lord Wolfson of Tredegar (Con)]

My Lords, the CPS sought advice from senior Treasury counsel pre-charge. Decisions on appropriate charges were made after consideration of that advice. Those decisions were taken in 2017, predating the current director’s term of office. As far as misconduct in public office is concerned, that charge was not available for Mr Metcalf, the solicitor for South Yorkshire Police’s insurers. The allegations against the two officers were related closely to his conduct. Therefore, it was considered that the same charge against each was appropriate. The CPS did not appeal the decision because, having carefully considered it, it concluded there was not a proper basis to appeal to the Court of Appeal. As for the point about the director publishing advice, he does not sit under the Ministry of Justice, as the noble Lord will be aware, but I will pass that point on to the director, whom I note is appearing before the Justice Select Committee tomorrow.

[Lord Moynihan (Con)]

My Lords, having flown up to the ground on the day of the tragedy as Minister for Sport, I spent time in the gymnasium that was divided into three: principally, an area for the dead; an area for families and friends to identify their lost ones through photographs; and an area for counselling and statements. I have rarely spoken about the appalling tragedy and the lasting effect it had on all of us involved, but does my noble friend the Minister agree that for all the criticisms levelled and questions about the decisions made by those in charge, the support given in tragic times to the bereaved, and the respect for those who had died—lying there in the gymnasium—has rarely been recognised? Does he accept that everyone I met that day, many in a state of profound shock, including many young police officers, did their level best to assist in harrowing circumstances?

[Lord Wolfson of Tredegar (Con)]

My Lords, in cases like this, it is important to distinguish between the institutional response—which in many cases was either lacking or appalling—and the individual response of individual police officers, emergency service workers and others who went out of their way to assist in the most distressing of circumstances.

Queen’s Speech

Lord Moynihan Excerpts

Tuesday 18th May 2021 Lords Chamber

[Lord Moynihan (Con)]

My Lords, this debate includes the work of the DCMS and thus enables us to focus on sport, recreation and an active lifestyle. I declare my interests as set out in the register.

I have constructed a 10-point plan to focus attention on what I hope will be cross-party support for action to promote these objectives. First is the formation of a new office for health promotion, mandated to drive improvement in the nation’s health, tackle obesity and improve mental health—not least that of the 1.5 million children predicted by the Royal College of Psychiatrists to need new or additional mental health support as a result of the pandemic. There is a major opportunity for a new start, leading to policy formulation for an active lifestyle at the heart of government.

Second is an education recovery plan, ensuring that no child is left behind as a result of the education and extracurricular activities that they may have missed out on during lockdown. This is against a background where almost 70% of parents have said that their children were less active during lockdown—and 10% have said that their children had been completely inactive. The creeping scholarisation of childhood continues to erode free play at school and home in favour of academic, sporting and cultural activities.

Third is laws to modernise the planning system, which plays a crucial role in providing access to high-quality facilities so that everyone can play sport and be physically active. In this Bill, there is the opportunity to put that mantra into practice.

Fourth is legislation to set binding environmental targets. Despite its ability to entertain and promote health, sport can also degrade the environment. To remedy this, we can turn sport and recreation into a positive force for environmental change by adopting sustainable practices.

Fifthly, the Police, Crime, Sentencing and Courts Bill is an important measure for all of us who have long campaigned for an extension in the position of trust provisions to capture those who lead activities in sporting and religious settings. The noble Baroness, Lady Grey-Thompson, is not only an outstanding sportsperson but a true campaigner who achieved this change. Now, at last, the loophole in the law that meant that some adults who held a position of power over a young person, including sports coaches, could abuse that power will be remedied.

Sixthly, during Covid, there have been a range of welcome DCMS funding measures to support sports and clubs, including a £300 million sports recovery package to support major spectator sports in England. We will have the opportunity to assess how effective all these measures that are focused on sport have been and whether they have achieved their stated objectives.

Seventhly, the online safety Bill will establish a welcome duty of care to ensure the safety of users online. Sport has led the way. The recent boycott of social media by English football, supported by other sports and international governing bodies of sport, sends a clear signal that social media companies must be held to account for protecting their users.

Eighthly, Tracey Crouch MP is one of the very brightest and most knowledgeable Sports Ministers of her generation. Her fan-led review of football comes on the back of the Prime Minister’s commitment that government would do whatever it takes to tackle the problem of sports governance. There will be forensic consideration of ownership models, governance, financing and ensuring that supporters play an integral part in the running of football, combined with all-party calls for a football regulator.

Ninthly, the levelling-up White Paper will, I hope, lead to legislation to provide the opportunity for access to modern, built-for-purpose sports and recreation facilities, which should be central to this goal—for, as Danny Kruger MP said in his maiden speech, social infrastructure should be treated as seriously as economic infrastructure.

Tenthly, the Professional Qualifications Bill offers backing to ensure that regulators share information with counterparts to support them, as professionals move between jurisdictions—a key concern of sports coaches, British mountaineers and ski instructors looking to continue work in the Alps. Couple that to the need to reform modern-day ticket touting in the secondary online ticket market through the online safety Bill, and end on consideration of the recommendations of your Lordships’ National Plan for Sport and Recreation Committee, when completed in 2022.

This is a 10-point action plan—for it not just culture for which the DCMS is responsible.

Gender Recognition (Approved Countries and Territories) Order 2011

Lord Moynihan Excerpts

Monday 27th June 2011 Grand Committee

[Lord Lester of Herne Hill]

My Lords, I thank the Minister for a very comprehensive and informative summary of the position. I very much welcome this update to the Gender Recognition (Approved Countries and Territories) Order. I think that 31 out of the 46 other member states of the Council of Europe are now in the schedule. One hopes that next time there might be 46. It is most welcome that the United States is included—the District of Columbia and all the states of the union except for four. I wish that there could be similar widespread recognition of civil partnerships, civil union and gay marriage. We have, of course, an identical mechanism in our Civil Partnership Act to recognise those unions in other countries. It would be very good indeed if one were able to ensure that a similar range of European countries and the United States also recognised gay marriage, civil partnerships and civil union. This is obviously a sensible measure. I cannot think of any good reason against it and I am very glad that we will approve it.

[Lord Moynihan]

My Lords, I also support the order subject to the continued exemption for competitive sport, which the world of sport promoted and argued for at length in 2004 when the Bill came before this House in the first instance. It may help your Lordships if I briefly summarise the issue at stake there, in seeking reassurance from the Minister that in extending the list we retain the fundamental principle that competitive sport in this country will be exempt from the order, and will continue to be exempt from the Act.

It is important that the voice of sport continues to be heard before the order is accepted, as it could have a fundamental impact on the running of sport and its selection procedures since no surgery is required as a prerequisite for transsexuals to change their sex and have new birth certificates issued, with the full weight of the law backing their newly acquired legal gender not only in this country but in the countries listed in the order.

In pursuing an original amendment to the Bill, which was eventually accepted by the then Minister, the noble Lord, Lord Filkin, I sought to enable UK sporting bodies to continue to make decisions about whether individual transsexual people may take part in competitive sports competitions. At the time I was very conscious that national governing bodies of sport needed to be aware that considerable work would have to done to establish clear reasons for restriction of competition related to fair competition and/or the safety of competitors. The onus of proof is likely to be with the complainant, but the national governing bodies of sport could be vulnerable if policies, procedures and decisions are not robust. Legal precedents, such as the case of Renée Richards, the transgender female who won the right to compete in women’s tennis in the US Supreme Court, are likely to provide further challenges to sport’s regulation of single-sex competition.

There are several potential problems related to the recognition of the physical and physiological advantages attached to men and women in different competitive activities. This was reflected in my amendment, which was accepted by the then Government. It stated:

“A sport is a gender-affected sport if the physical strength, stamina or physique of average persons of one gender would put them at a disadvantage to average persons of the other gender as competitors in events involving the sport”.

Fairness in competition is facilitated by making provision for competition by categories other than sex—for example, age and weight. However, the latter categories are easy to define using the arbitrary limits of date of birth and weight on a specific date before or the day of competition. One of the intentions of the Gender Recognition Act was to protect the rights of individuals who wish to blur the boundaries between genders in their private lives. For sport, that is inherently problematic. It denies the only arbitrary limit between the categories of male and female: genetic sex at birth, as determined by chromosomes. The regulation of single-sex competition in sport currently depends on that arbitrary limit. Since the EHRA allows for the interests of the community at large to override the rights of the few, that arguably would mean that single-sex sporting competition may continue without legal challenge on the basis of sex at birth.

I give that background purely to set the scene for asking the Minister whether, irrespective of the legislation in each of the territories and countries in the order, governing bodies of sport in this country will still have the final word in determining those who enter into either the male or the female category, at whatever level of competitive sport. Should that remain the case, as I understand that it does, the order will have my full support. I look to the Minister for reassurance on that.

[Lord Bach]

My Lords, I can be brief. The Opposition support the order. I thank the Minister and other speakers in the debate; I thank him particularly for the clear way in which he outlined the order. I ask him to respond to the interesting points made by the noble Lord, Lord Moynihan, about the position as regards sport.

This is clearly an affirmative order; it has to come before the Committee. There will be changes in the future, of course; I hope that other countries come on to the list rather than countries coming off it. Will it really be necessary to bring that to a Committee sitting in this House and the other place, or is there any way around that? I do not know whether the previous Government willingly made this an affirmative order or whether it was forced on them by the then Opposition; it could have been either. In my view, if this is the sort of order to come forward, it would be much better for it not to be affirmative.

--- Later in debate ---

[Lord McNally]

I always know that a distinguished QC saying, “My memory might be faulty,” means that he is absolutely accurate in what he says. Again, that is an extremely helpful suggestion. When I take this back to the House authorities, the point that the noble Lord, Lord Bach, has made and the suggestion from my noble friend Lord Lester may be the way forward.

[Lord Moynihan]

Before the Minister concludes his remarks, I thank him for clarifying the position and emphasising the fact that governing bodies of sport would be entitled to exclude a male-to-female transsexual person if competitive parity of the safety of other competitors was at stake. I should have declared my interest as chairman of the British Olympic Association and apologise to the House for not having done so.

Motion agreed.