BBC: Future Funding (Communications and Digital Committee Report)

Lord Parkinson of Whitley Bay Excerpts

Friday 16th December 2022 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, this has been a thoughtful and well-informed debate this morning, and I thank all noble Lords who have taken part in it.

The BBC is a great national institution. Over the past 100 years it has touched the lives of practically everyone in the United Kingdom and many people the world over. It makes an important contribution to our culture, our creative economy and to the strength of our democracy. I am therefore grateful to the members of your Lordships’ Communications and Digital Committee for their report on the future funding of the BBC, and in particular to its chairman, my noble friend Lady Stowell of Beeston, for securing today’s debate and for the way she set out the committee’s conclusions. I have an advantage over the noble Lord, Lord Addington, in that I did serve on the committee, albeit very briefly, so I can see from my 10 days with her and with noble Lords who have spoken today how richly she deserves the plaudits they have given her for the way she chairs it.

The committee’s inquiry took evidence from a wide range of prominent figures in the industry, experts and academics, and its thorough report has been helpful in informing the Government’s thinking on the future of the licence fee. Today’s debate has built on many of the findings in its report and highlighted the range of complex issues that will need to be considered as part of the review and as part of the Government’s decision-making on the future of the licence fee.

This debate has also explored many of the benefits and drawbacks of a number of alternative models for funding the corporation. I recognise that many noble Lords may wish to understand the Government’s position on the various alternatives which have been set out, but I should be clear at this stage that I must refrain from putting forward a detailed view on the potential alternatives. The Government are preparing to launch a review of the future funding of the BBC, as noble Lords mentioned, and we should rightly consider the findings of that review and fully assess the evidence before setting out any conclusions. However, today’s debate and the report of your Lordships’ committee are valuable contributions to that ongoing review and to informing the Government’s thinking.

I am afraid that I cannot give noble Lords an early Christmas present by setting out the precise date for the launch of the review but perhaps I can set out a few more details about our approach to it. The Government recognise that decisions over the BBC’s funding model will and should be tied up with the question of what the BBC is for in its second century, as the noble Lord, Lord Hall of Birkenhead, said. We welcome the committee’s recommendations that the BBC should set out its own thinking on the role of the corporation in the future and how the BBC can best adapt to the changing media environment. The review will focus on the BBC’s funding model and will not look at the BBC’s mission and public purposes—that is, its role and remit. Final decisions will be made as part of the charter review, which is where the future role of the BBC will also be decided, and we will certainly want the public and Parliament to be engaged in that process.

As your Lordships’ committee’s report found, there are benefits to the licence fee but its drawbacks are becoming more salient. There are a number of issues at the heart of the debate about the future of the licence fee, and the first point I will address is sustainability. As we set out in our broadcasting White Paper, there are clear challenges on the horizon, posed by rapid changes to the sector, not just for the BBC but for our public service broadcasting system as a whole.

As I outlined in the recent debate we had to mark the centenary of the BBC and explore the future of public service broadcasting, technological advances are moving in tandem with changes to how people watch television. Internet-delivered services are revolutionising how content is distributed and consumed. Some 79% of households with a television set now choose to connect it to the internet. Alongside this, viewers have continued to move away from linear television to on-demand viewing. Two-thirds of households subscribe to video-on-demand services, such as Netflix and Disney+, and YouTube reaches 92% of online adults in the UK.

As noble Lords noted, US-based streamers are increasingly using their significant financial resources to compete very effectively with both our public service and commercial broadcasters. In 2019, the UK’s public service broadcasters were collectively able to spend just under £2.8 billion on new content. At the same time, as my noble friend Lady Stowell said in opening, Netflix alone spent an estimated £11.5 billion on production globally.

The Government have set out a range of proposals to support our public service broadcasters in response to challenges such as these. This includes a new online prominence regime, updates to the listed events regime and expanded powers for Ofcom to regulate larger, TV-like, on-demand providers. We will legislate to introduce these changes when time allows.

On top of these broad reforms, it is vital that we address the specific challenges facing the BBC’s funding model. In this environment, a licence fee linked to watching live television seems increasingly anachronistic. Licence fee uptake is also in decline, with the number of households choosing to hold a television licence falling by around 1.2 million people from a peak of 26 million in 2017-18. If this trend continues, the BBC’s licence fee income will come under increasingly significant pressure unless the licence fee is raised commensurately. The director-general and chairman of the BBC have acknowledged this, with the director-general recently saying that the BBC is open-minded about new funding mechanisms.

The Government agree with the view that has been raised today that the licence fee funding model is unfair. As noble Lords have noted, it is a regressive tax. The current licence fee model also involves enforcement by criminal sanction, which we see as disproportionate in a modern public service broadcasting system, particularly because of the strain, stress and anxiety that this can cause people. These concerns about fairness are highlighted by data that show that around three-quarters of people who are convicted for television licence evasion are women—an issue that has persisted for many years. In addition, we remain concerned about the risk of prosecution for vulnerable older people, although the BBC has confirmed that no enforcement action has been taken against people over the age 75, at this stage.

The future of the BBC is a vital issue for our nation and we remain committed to reviewing its funding model. The Secretary of State was clear in her recent appearance before the Digital, Culture, Media and Sport Select Committee in another place that the BBC is a great national institution, and that the Government need to make sure that its funding is sustainable over the long term. She also set out that she holds fairness and choice to be important issues, and that they will need to be reflected properly as we consider the future of the BBC’s funding. The media landscape has changed, and the appetite for choice—an important factor—has been enhanced.

The Government want to work constructively with the BBC on the review. We see it as a positive opportunity for the corporation to bring about change, without which the BBC will be increasingly constrained in its ability to fulfil its purpose. We will need to work with the BBC to understand how different funding models could affect and support it.

It might be helpful for me to outline how the review fits into the Government’s wider road map for reform of the BBC. The funding model review will be one part of the preparations for the charter review, which is the process whereby any decision on a new funding model, and on the role and remit of the BBC, will be determined. The funding model review will aim to provide the Government with the evidence to approach the charter review with a strong understanding of the options and their potential impacts.

With the support of these findings, the Government will carry out a formal consultation on any changes to the BBC’s funding model as part of the next charter review. This will enable a public debate on the options, ahead of any decision being made. Any final decision on the BBC’s funding model over the next charter period would be made only following this public and parliamentary engagement, as part of the charter review.

A number of noble Lords rightly paid tribute to the work of the BBC World Service. The Government strongly value its work in promoting our values globally through its independent and impartial broadcasting. We recognise the challenging fiscal environment in which the BBC is operating, and that it is having to make tough financial decisions, but the Foreign, Commonwealth and Development Office will continue to provide the BBC World Service with over £94 million annually for the next three years, supporting services in 12 languages and improving key services in Arabic, Russian and English. That is in addition to nearly £470 million that the Foreign, Commonwealth and Development Office has already provided, through the World2020 programme, since 2016. In the current financial year, the Government are also providing the BBC with an additional £4.1 million of emergency funding to support the World Service to continue to deliver services in Ukraine and Russia, which are vital in the current circumstances.

I will touch on the future of the BBC more broadly. Everyone who has spoken today agrees that the BBC has been informing, educating and entertaining us for 100 years, with remarkable effect. We want that to continue for many years to come. As the debate today has highlighted, the future success of the corporation is about much more than just funding. Your Lordships’ committee’s report contained a number of recommendations for the BBC on this theme too, including the need for it to develop a long-term vision for its role and how it will deliver value and distinctiveness in a continually changing world.

We agree with the BBC on the need for the corporation to reform over the coming years and recognise that there will be challenges as it makes this transition. These reforms will involve difficult decisions, as was demonstrated by the concerns raised again today about the BBC’s plans to reduce its local radio output. The Government want to work with the BBC to support it in making this shift, but it must take audiences with it on this journey. We believe that the BBC needs to clarify how it will manage long-term decisions while modernising and becoming more sustainable, while also maintaining its core public service function and output.

The noble Baroness, Lady Rebuck, invited me to say a little about our progress on delivering nationwide gigabit connectivity, which is important to the way that people increasingly consume television. We are investing £5 billion, as part of Project Gigabit, to ensure that hard-to-reach areas of the UK get fast, reliable broadband as swiftly as possible. Gigabit coverage is currently at 72% across the United Kingdom, up from 6% in January 2019—a huge shift in a short period. We have a target for a minimum of 85% gigabit-capable coverage by 2025 and we will seek to accelerate that to as close to 100% as quickly as possible. We have now awarded four Project Gigabit contracts, having recently announced a £108 million contract in Cumbria—the home of the noble Lord, Lord Liddle—and there are a further 11 live procurements running, with more in the pipeline.

Like everyone who has spoken today, the Government want the BBC to succeed. It provides high-quality services to the entire nation and globally. It acts as a key driver to the success of our creative economy and represents the United Kingdom very proudly abroad. As the debate has highlighted, there are challenges with the licence fee funding model, but alternative models also come with their own challenges and trade-offs. I am very grateful to noble Lords, particularly the members of your Lordships’ committee, for their detailed thoughts and contributions to this vital debate. I look forward to that continuing.

Arts Council England: Regional Distribution of Funding

Lord Parkinson of Whitley Bay Excerpts

Thursday 15th December 2022 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, people are sometimes sniffy about revivals of old productions or reruns of old programming. I am conscious that we had a three-hour debate on a similar theme last week but, with today’s stellar cast, our debate this afternoon has been a triumphant encore. In paying generous tribute to all and sundry, my noble friend Lord Vaizey is so much more than a tribute act. If I repeat some of my lines today, it is in that spirit and with respect to the original text.

In all seriousness, I am very glad to have this opportunity for further debate, including with a number of noble Lords who were not able to speak in last week’s debate. Again, they have made thoughtful contributions to this important topic. There have been a number of debates in both Houses on it, which is to be welcomed and demonstrates the breadth of support across both Houses of Parliament for arts and culture in our national life.

His Majesty’s Government are firmly committed to supporting arts and culture across the whole country. Our investment in culture remains a key part of our work to level up access and opportunity, as the noble Lord, Lord Storey, said in his opening speech. Like others, I wish a speedy recovery to the noble Lord, Lord McNally, on whose behalf he opened today’s debate—and indeed a happy birthday to the noble Lord, Lord Freyberg.

As the noble Lord, Lord Storey, said, access to high-quality arts and culture needs to be more fairly spread; the economic growth and life-changing benefits that come from arts and creativity should be felt by everyone, and the sense of pride that culture and heritage can bring to communities should be felt in every part of our country. I was struck by how fitting the name “Hope Street” is: the noble Lord mentioned the Everyman Theatre, and it is also home to the Royal Liverpool Philharmonic, the Merseyside Academy of Drama and many other institutions. Arts and culture bring hope and pride to communities across the country.

As the noble Lord said, for too long, not everywhere has been getting its fair share of funding and opportunity. In the last national portfolio round of funding from the Arts Council, London was funded to the tune of about £21 per capita; the rest of the country, to the tune of £6 per capita. That is a striking discrepancy, even allowing for the important role played by our national capital. It is why we asked Arts Council England to ensure that it was investing more in other parts of the country and why, working with it, we identified more than 100 Levelling Up for Culture Places. We did so transparently; the methodology and metrics used have been published on Arts Council England’s website, which identifies which places have benefited. That was in keeping with Arts Council England’s long-standing work to ensure that arts, culture and creativity are better supported across the whole of England.

As a result of that work, a record number of organisations applied for funding in the next investment programme and a record number were included—990. That is an increase from 814 in the last portfolio and 663 in the one before. As I mentioned in my closing speech last week, this is as a result of a larger pie of funding. My right honourable friends Oliver Dowden and Nadine Dorries secured, at the last spending review, an increase of more than £43 million to the Arts Council’s grant in aid budget for the spending review period. So more organisations are being funded in more parts of the country, with a larger pot of funding. Every part of England beyond London is seeing an increase in its funding and every part, including London, is seeing an increase in the number of organisations funded. Many places will now be home to funded organisations which have never been home to them before—places such as Bolsover, Mansfield and Blackburn.

In Liverpool, the home city of the noble Lord, Lord Storey, Arts Council funding has increased very significantly, by nearly 40%, with over £11 million each year to support 29 organisations across the city region. That picture is replicated in other combined authorities: Tees Valley is set to see a 49% increase in funding and West Yorkshire a 47% increase. That change is transformative and unprecedented.

The new portfolio will improve access to arts and culture across the whole country and for people from all backgrounds. Some 120 organisations in the new portfolio are led by people from lower socioeconomic groups; 148 are led by people from ethnic minority backgrounds—an increase from just 53 organisations in the last portfolio; and 32 organisations are led by people with disabilities. In the debate last week, I mentioned DASH in Shropshire, which I saw four weeks ago. The Levelling Up for Culture Places will see investment almost double, receiving £130 million over the next three years—a 95% increase in investment in these areas.

A number of noble Lords took the opportunity again today to highlight English National Opera in particular. We are joined again by its excellent chairman and chief executive, Harry Brünjes and Stuart Murphy. It is testament to the quality of its work and the support that it has that the noble Lord, Lord Freyberg, has devoted part of its birthday to singing its praises—rightly. I am happy to repeat the praise that I gave from this Dispatch Box last week. Like the noble Lord, Lord Clement-Jones, I enjoyed its productions of Philip Glass—I saw “Akhnaten” and “Satyagraha”, as well as “My Fair Lady”. I also saw the important work it did through the ENO Breathe programme, which was recognised in the Lancet as well as the mainstream press.

I will highlight, as I did last week, the fact that this is one decision out of 1,700 that the Arts Council considered. As I said, there are a record number of organisations in the next portfolio—990—but unfortunately there were over 700 who applied and were unsuccessful on this occasion. I would love to be the Arts Minister who could ensure that all applicants receive the support they request, but no Minister ever could be. As the noble Lord, Lord Bassam, said, there is a finite pot, albeit a larger pot than in the previous round, and the difficult job that the Arts Council has is to ensure that that finite pot of taxpayers’ money is invested fairly.

Arts Council England has offered the English National Opera a package of support, and at DCMS we have been keen to ensure that the two organisations are speaking directly about it. We are very keen that they both continue to work together on the possibilities for the future of the organisation. I am afraid that I cannot say much about that, out of fairness to both, but I am glad that they are speaking and encourage them to keep doing so.

A number of noble Lords raised questions on opera more generally. The noble Lord, Lord Clement-Jones, suggested that this art form had perhaps been targeted. I would like to reassure noble Lords that for the next investment programme, Arts Council England’s investment in opera, orchestras and other classical organisations will represent around 80% of all investment in music; opera, specifically, will remain at around 40% of the Arts Council’s overall investment in music. Organisations such as the English Touring Opera and the Birmingham Opera Company will receive increased funding, and there are many new opera companies joining, including Opera Up Close and Pegasus Opera Company based in Brixton, which I visited last week. Indeed, there are more opera companies in the new portfolio than there were in the last one. The single largest recipient of funding in the portfolio remains the Royal Opera House, which is also home to the Royal Ballet, which will continue to be funded and will receive around £22 million, the same as all of the east Midlands put together.

A number of noble Lords talked about touring, and I know some may be concerned that considering where an organisation is headquartered is rather a blunt instrument when it comes to levelling up. Touring is important, and the Government and the Arts Council have been encouraging our biggest cultural organisations to keep striving to reach out beyond their home areas. We do not, in any respect, disparage or undervalue that vital work, but we cannot level up culture by touring alone. There is a difference in having an organisation based in your community from just being able to visit it as it passes through your town or city. When we were debating this last week, the chief executive of the Arts Council, Dr Darren Henley, was giving evidence to the Select Committee in another place. There he made the important observation that, as well as touring,

“centres of production excellence and creativity around the country are important too”.

That comment echoes the contribution made by the noble Lord, Lord Berkeley of Knighton, in his speech today.

For those organisations in areas which will now be in receipt of support in the new portfolio, I hope it will mean supporting creative individuals working in a community; making material which is uniquely relevant or reflective of that community; forming local clusters of creative jobs and firms; extending opportunity for people who wish to work in these thriving sectors; and boosting the pride of communities. This is nothing new. Perhaps I may quote the late Lord Keynes, who was the first chairman of the Arts Council and told a BBC magazine in 1945:

“Nothing can be more damaging than the excessive prestige of metropolitan standards and fashions. Let every part of Merry England be merry in its own way.”


I am not a natural Keynesian, but on that I certainly agree. As a number of noble Lords said, it is absolutely right that art and culture that is produced and consumed in these merry parts of England is, and should be, just as good as that which is enjoyed in the metropolis.

I will add the book recommended by the noble Baroness, Lady Fox, to my Christmas reading list; I completely agree with her about the brilliant work of autodidacts in culture. Coming from the north-east, I think in particular of the Ashington Group and the Pitmen painters—self-taught, working-class painters whose art I very much admire and have seen in the Woodhorn Museum in Northumberland. Their story was powerfully told in a play, “The Pitmen Painters”, which began at the Live Theatre in Newcastle and transferred to the National Theatre in London before going on tour around the United Kingdom and thence to Broadway, Vancouver and Buenos Aires, where an interesting array of Geordie accents was on display to global audiences. They told powerfully that working-class story about the north-east of England, which is what we want to see.

I agree with the noble Earl, Lord Clancarty, about the importance of new writing. New Writing North, which is based in the north-east, will receive an additional £90,000 in the new portfolio. I visited Pentabus, a company supporting writers talking about rural England and sharing the stories of people from rural backgrounds. There is also increased investment in the new portfolio for the Bush Theatre, as well as continued support for the Talawa Theatre Company and the Kiln Theatre, all of which are based in London, to support new writing in theatre. Theatre remains the art form most generously supported through the Arts Council’s new portfolio.

A number of noble Lords talked about the impact on London. Once again, let me be clear that we remain committed to supporting the nation’s capital. We recognise and appreciate that London is a world-leading cultural centre, with organisations that do not just benefit the whole country but greatly enhance the UK’s international reputation as a home of world-class arts and culture. Here, again, the late Lord Keynes points the way. He said that

“it is also our business to make London a great artistic metropolis, a place to visit and to wonder at.”

Once again, I agree wholeheartedly. This principle is clearly reflected in the Arts Council’s next investment programme. Around a third of its investment will be spent in London, equivalent to approximately £143 million per year for the capital; London will receive around a third of the funding despite having just 16% of the population of England.

Further, this funding will be spread across London in a fairer way. We are not just levelling up between London and the rest of the country; we are levelling up within London too. In the previous funding round, the top four organisations in London represented 43% of London’s budget. The funding is more equitably shared across London in the new portfolio, with 61 London-based organisations receiving funding for the first time, while the Arts Council’s priority places in London—the boroughs of Croydon, Brent, Enfield, Barking and Dagenham, and Newham—will receive £18.8 million over the next three years. In Croydon alone, investment will double to just under £5 million, and the borough will see three new organisations join the portfolio. The new Arts Council portfolio will give people right across the country more opportunities to access culture on their doorsteps.

The noble Earl, Lord Clancarty, repeated the question posed by the noble Baroness, Lady McIntosh of Hudnall, in our debate last week about the instruction from the previous Secretary of State to Arts Council England. I think that I responded to it, but I am happy to do so again. I gladly set out the Government’s commitment to the arm’s-length principle in my speech last week. It is not contradictory in any respect for the Government to request that the Arts Council disburse its taxpayer funding according to a set of broad parameters while ensuring that central government and Ministers are in no way involved in the individual decisions that the Arts Council makes. The letter from my right honourable friend Nadine Dorries is published for all to see on the Arts Council’s website, so this has not been a hidden process; it has been done explicitly. She made a Written Statement to Parliament at the time and was proud to do so.

Funding for arts and culture comes from taxpayers right across the country, so it is right that it should benefit people in every part of the country. As I said last week, that taxpayer subsidy through the Arts Council is only one part of the way in which cultural life in the country is supported. My noble friend Lord Mendoza set out the manifold ways we work to support the arts and culture across the country, and I pay tribute to him for his years of hard work delivering those important programmes which make such a difference.

My noble friend Lord Vaizey of Didcot is right to point to the mixed model we have in this country of taxpayer subsidy alongside the importance of private and commercial philanthropy. When my noble friend was a Minister, he brought in programmes such as the cultural gift scheme, which has been such an important addition to encourage gifting and philanthropy in the arts. I completely agree with him on the importance of recognising people who are generous in that way through the honours system, and I take the point he made about our new sovereign’s particular interest. I am glad that he mentioned the 70th anniversary of the Waverley criteria, which we marked this week. Saving works of art and cultural objects for the nation has enriched collections in museums and galleries right across the country and not just in our capital.

As noble Lords will know, last month, in the Autumn Statement, my right honourable friend the Chancellor set out his plans to restore stability to the economy, to protect high-quality public services and to build long-term prosperity for the United Kingdom. He also announced a £13.6 billion package of support for business rates payers in England, which will support businesses across the arts and cultural sector, just as it will across the wider economy. He confirmed plans for the second round of the levelling-up fund, with at least £1.7 billion to be allocated to infrastructure projects around the UK before the end of the year. The levelling-up fund has three themes: local transport projects; town centre and high street regeneration—both of which have an important connection to the arts and culture—and supporting cultural and heritage assets. That is another boost for the arts and culture and, again, a recognition of their role in the economy and our wider lives. Officials in DCMS and our arm’s-length bodies have been supporting the assessment and prioritisation process of the levelling-up fund, and I am very pleased that the second round will include the potential for up to two £50 million flagship culture and heritage projects.

I am grateful for the further opportunity to set out how the Government’s extensive programme of support through the Arts Council’s NPO programme is benefitting areas right across England. I hope noble Lords will agree that, by increasing investment beyond the capital, the Arts Council will help to generate cultural and creative opportunities for more people and in places that have been overlooked for too long, and in doing so redress the historic imbalance in funding. I strongly believe that such investment will ensure that our world-class arts and culture will continue to thrive right across every part of England.

Football: Abuse and Violence

Lord Parkinson of Whitley Bay Excerpts

Monday 12th December 2022 Lords Chamber

[Lord Mann]

To ask His Majesty’s Government what discussions they have had with football authorities about abuse and violence directed against referees and other match day officials.

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, His Majesty’s Government are clear that all forms of antisocial behaviour, abuse and assault against match officials, whether on or off the pitch, are completely unacceptable. The Government regularly discuss the measures being taken by the football authorities to stamp out this behaviour and will continue to press for action against the small minority of people who act in this way.

[Lord Mann (Non-Afl)]

There are a large number of 14 to 17 year-old children—boys and girls—who are referees. The Football Association tells me that it is 35% of registered referees. Despite their age, these children receive abuse from parents and coaches—from adults. In some cases, when that happens they have to go, without support, into a decentralised system run by the FA and face the person who has abused them. Does the Minister agree that the FA needs a centralised system and that the first principle for these children should be safeguarding, not the football systems that currently prevail?

[Lord Parkinson of Whitley Bay (Con)]

The noble Lord raises an important issue. One of the great powers of sport is that it brings people of all ages and all backgrounds together. Of course, we want everybody who takes part to have a fulfilling and enjoyable experience. That is a matter for the football authorities, but I will be very happy to undertake to make sure that officials at my department are speaking to them about this issue.

[Lord Addington (LD)]

My Lords, will the Government give us some idea of their opinion of the professional conduct in football whereby people sit around and shout at a referee who has given a decision they do not like? Will the Government encourage the FA to make sure that dissent is punishable by a card or a sending off? If you do this, you can rest assured that professional managers will not want to end games with seven or eight players.

[Lord Parkinson of Whitley Bay (Con)]

We believe that change needs to come from the top and participants in the professional game have the opportunity to be positive role models for people taking part at every level. That is a central message in the FA’s new “Enough is Enough” campaign. Underlining this, last month the FA challenged a decision by the independent regulatory commission only to fine the manager of Liverpool FC following his sending off by the referee for shouting in the face of a linesman. The FA won its appeal and Mr Klopp served a one-game touchline ban.

[Lord Wolfson of Tredegar (Con)]

My Lords, I declare a double interest after that answer, as both a member of the Football Regulatory Authority and a supporter of Liverpool Football Club. As my noble friend has said, all forms of abuse are unacceptable. The FA is doing important work in this area, including safeguarding. There are going to be increased sanctions, more education for both players and supporters and, at grass-roots level, the introduction of the sin-bin—which may be an idea that my noble friend the Chief Whip will take up at some point. Does my noble friend welcome these developments and the increased focus to make sure that every match official is protected from abuse within and outside the stadium, so that we can all make the beautiful game even more beautiful?

[Lord Parkinson of Whitley Bay (Con)]

I congratulate my noble friend on his appointment and commend the work undertaken by the Football Association. I have mentioned its “Enough is Enough” campaign, which is taking action against anybody whose behaviour is unacceptable. The FA can also ban anybody who is abusive or violent towards match officials, and stricter sanctions have been introduced this season which will see longer bans put in place and mandatory education courses before anyone found guilty can return to football.

[Lord Pannick (CB)]

My Lords, does the Minister agree that even in the most important football games, referees sometimes make inexplicable decisions—a whole series of them—which have a very adverse impact on the result? In the light of that, will he commend the attitude of the England manager, Gareth Southgate, and the England players, who displayed admirable sportsmanship in the most difficult of circumstances?

[Lord Parkinson of Whitley Bay (Con)]

I will not speculate on any recent examples of the behaviour the noble Lord mentions, but I most certainly do congratulate the whole England football team for their conduct throughout the World Cup. They have made people, not just in England, very proud of their behaviour and people have enjoyed their very creditable performance.

[Lord Woodley (Lab)]

My Lords, unfortunately I have personal experience of being assaulted on a football pitch as a young referee. I do not recall making any bad decisions, by the way. In all seriousness, the Minister said that this was a small minority of cases; I only wish that that were true. I am the president of a very large kids’ football team, involving some 400 children, and we have to make sure that parents—both mums and dads—who are looking after kids of only five, six or seven years of age, are not shouting abuse at referees or even running on to the pitch. Is it not possible for the county FAs to give very clear directions that, if anything like this happens, the parents should be banned from watching their games and teams for at least a full season?

[Lord Parkinson of Whitley Bay (Con)]

It is indeed for the FA to make sure that good behaviour is promulgated throughout the football pyramid. Where behaviour is criminal, such as assault, incidents should be reported to the police and appropriate action taken. The police and the Crown Prosecution Service have a range of legislation they can use to address serious incidents of other sorts. However, it is up to everybody in leadership positions in football to ensure that good behaviour is promoted at every level.

[Lord Watts (Lab)]

My Lords, is this not yet another example of domestic football not being managed properly? When do the Government intend to introduce a regulator to start to deal with some of these problems?

[Lord Parkinson of Whitley Bay (Con)]

These issues were looked at as part of the fan-led review conducted my honourable friend Tracey Crouch, and it was clear that the Government need to take action. Leaving certain things to the sector has not worked for decades, and fans have been let down by certain owners not acting responsibly. We will be setting out our plans to reform club football governance in the White Paper that is coming soon.

[Lord Londesborough (CB)]

My Lords, I understand that body cameras worn by referees are being trialled by some leagues in adult grass-roots fixtures. It sounds like a sensible initiative. Can the Minister update us on it?

--- Later in debate ---

[Lord Parkinson of Whitley Bay (Con)]

Technology is indeed helping in football, as it is in many sports. That is a matter for the football authorities, but I will certainly reinforce the noble Lord’s point.

[Lord Hunt of Wirral (Con)]

Would my noble friend like to take this opportunity to congratulate the England team on a 26-run victory over Pakistan, in circumstances where everyone respected the umpire and the way in which the cricket was played there?

[Lord Parkinson of Whitley Bay (Con)]

I most certainly would. My noble friend makes an important point about good behaviour, which we see across a number of sporting forms.

[Baroness Merron (Lab)]

My Lords, those who officiate at football matches, at every level, have a thankless task in making real-time decisions in the blink of an eye, mostly without the assistance of VAR. They undoubtedly deserve our respect and admiration for their commitment to fair play. What consideration has been given to using the forthcoming Online Safety Bill to tackle threats to match officials that are made on social media?

[Lord Parkinson of Whitley Bay (Con)]

We have already had discussions in connection with the Online Safety Bill to make sure we tackle the completely unacceptable form of abuse we see against football players and others in leading positions in sport, following their performances. The Bill is designed to ensure that everybody has a safe and enjoyable experience online, and I look forward to debating it with noble Lords when it reaches your Lordships’ House.

[Lord Kirkhope of Harrogate (Con)]

My noble friend acknowledges, as other noble Lords have mentioned, the enormous amount of time that young people spend playing and enjoying football. Does he not think that we ought to be speaking out more about some of the influencers from senior clubs and the language that appears to be permitted in our football grounds?

[Lord Parkinson of Whitley Bay (Con)]

Yes—verbal abuse and some of the chants that we hear need to be addressed. The FA’s “Enough is Enough” campaign is, as I say, making it clear that anybody who undertakes unacceptable behaviour will have action taken against them.

[Lord West of Spithead (Lab)]

My Lords, I qualified as a football referee at Dartmouth in 1966, and I gave up after a few years because I was conscious of making wrong decisions. Within the service environment there was not this threatening behaviour, but there is no doubt that, when one has made certain decisions—and the referees do work very hard—such threats are really damaging and dangerous. Something has to be done to stop this happening.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, 1966 was clearly a very good year for football in this country. The noble Lord makes an important point: there are fantastic role models in the Navy and across the Armed Forces, who demonstrate very high-quality behaviour. That is what we want to see at football matches, so that everybody can enjoy the game.

Arts and Creative Industries Strategy

Lord Parkinson of Whitley Bay Excerpts

Thursday 8th December 2022 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, this has been a long, thoughtful and well-informed debate. As the noble Viscount, Lord Chandos, said, on Monday night there was a similar debate in another place. The deputy arts editor of the Times thought it was

“an indictment of the government’s attitude to the arts”

that the Arts Minister could not take part in that debate, because I sit in this House. At the risk of sounding thin-skinned, I want to respond to that—not to defend myself or the Government particularly but to defend the work of your Lordships’ House and our bicameral system, particularly as the party opposite now thinks we are indefensible and should be abolished.

Monday’s debate in another place lasted 30 minutes and had 10 speakers. Today’s will last up to three hours and has 21 speakers, including a former Arts Minister, a prize-winning dancer with the Royal Ballet, a chairman of English Heritage, an executive director of the National Theatre and leading light at the Royal Shakespeare Company, a teacher who ran her local youth theatre and many more. The noble Viscount set out his own credentials at the beginning of the debate and he follows in a proud family tradition: I believe it was his grandfather after whom the Lyttelton Theatre on the South Bank is named, following his work as the first chairman of the National Theatre.

Noble Lords have asked detailed questions today, based on their decades of expertise. Any policy area is fortunate to be scrutinised in your Lordships’ House and I, for one, am glad to be held to account here, so I am grateful to the noble Viscount, Lord Chandos, for giving noble Lords the chance to do that today—but I take some small exceptions to the framing of his Motion.

The terms of the Motion imply that protecting our world-leading creative industries and ensuring that more people have the opportunity to enjoy or take part in them through levelling up are somehow in opposition, and I must disagree. The point of levelling up is to make sure that everyone, in every part of the United Kingdom, can be part of the arts and creative industries’ success story. That is a story that many noble Lords have told eloquently again today. The noble Viscount’s Motion talks of “the case for” a strategy towards the arts and creative industries, implying that there is not one already. I am happy to reassure him that there is, and glad to have the opportunity to explain how it is shaping the approach taken by the Government and our partners, such as Arts Council England.

Specifically, I point noble Lords to: the levelling-up White Paper, which was published in February; the work we are conducting with the Creative Industries Council to develop a sector vision; and Arts Council England’s 10-year strategy, Let’s Create, which was developed in consultation with the public and people from across the arts and cultural sectors, and approved by government Ministers when it was published in 2020.

For more than three-quarters of a century, the Arts Council has nurtured cultural life in this country and kept it separate from party politics. It is a cross-party legacy; it succeeds the Council for the Encouragement of Music and the Arts, which was set up in the dark days at the beginning of the Second World War by the national Government led by Neville Chamberlain. As noble Lords rightly reminded us, it was given its royal charter and new name in 1946, under Labour’s Attlee Government. It is a cross-party model of which we should be proud and which has been emulated across the world. Its decisions about which organisations to fund and by how much are taken at arm’s length from government Ministers, so if I do not go into detail on some of the specific organisations raised by noble Lords today, that is not to be slopy-shouldered but to defend that arm’s-length principle, which the noble Baroness, Lady Andrews, and others extolled.

As a number of noble Lords noted, Arts Council England plays a central role in supporting arts and culture in this country. It recently announced the outcome of its investment programme for 2023 to 2026, investing £446 million each year in arts and culture across England. It is doing that in a slightly different way to previous rounds, but in line with the trend the Arts Council itself has been pursuing for a number of years and over a number of rounds. It might be helpful to take a step back to provide a bit of context.

Most cultural organisations in this country do not rely on funding from the Government or from the Arts Council. As the noble Baroness, Lady McIntosh, said, it is just one piece of the jigsaw, albeit a vital one. We saw the Culture Recovery Fund, the emergency support of more than £1.5 billion that the Government provided during the pandemic, helping more than 5,000 cultural organisations across England. Many of them had little relationship with the Government or the Arts Council until the pandemic hit—or indeed with the British Film Institute, Historic England or the National Lottery Heritage Fund, which helped us to distribute that emergency funding—but they were grateful for the help that came when they needed it. As a result of the work we did in the pandemic, we have a sort of Domesday Book of culture, showing the full range of organisations across England that weave the rich tapestry of cultural life in this country.

More than 5,000 organisations received support through the Culture Recovery Fund. Only 1,700 applied for Arts Council funding in the next investment programme. While noble Lords are right to probe how that money is being spent, it is important to remember that it is only one way in which arts and culture are supported in this country. None the less, 1,700 represents a record number of applications for the Arts Council’s competitive funding and a record number of organisations, 990, will receive funding as a result—more organisations than ever before and in more parts of the country. Some 276 organisations are set to join the portfolio for the first time, with 215 of them outside London. This reflects our commitment to distribute funding and access to arts and culture more fairly. However, in London more organisations will be funded in the next round than the last—283 compared with 268.

The noble Viscount, Lord Chandos, talked about the size of the pie that is available in funding. I am pleased that my right honourable friends Oliver Dowden and Nadine Dorries secured an uplift for the Arts Council at the last spending review. There was an additional £43 million for the Arts Council’s grant in aid. We did not succumb to the macrotemptation mentioned by the noble Lord, Lord Londesborough. Thanks to this larger pie and increases from the National Lottery, Arts Council England will be spending £30 million per year more through its core investment programme than in the previous NPO round.

The question is how that larger pie should be sliced. In the last portfolio London benefited disproportionately, receiving around £21 per capita compared to an average of £6 per capita in the rest of the country. Even accounting for the important role that London plays as our capital and the wonderful organisations housed here, that is a stark discrepancy. Some 133 local authorities across England did not receive any funding—not a penny. A national portfolio should be based across the nation. I am sure that noble Lords would agree that it is not the case that there is no culture of note in places like Bolsover, Mansfield or Blackburn. These areas are all now represented in the new portfolio, which covers 217 local authorities compared to 180 last time.

Working with the Arts Council, DCMS identified 109 levelling-up for culture places which received historically lower levels of funding, or which had lower levels of participation through metrics we set out transparently and published on the Arts Council’s website. Because of that decision, investments in those levelling-up for culture places were more than doubled.

The noble Baroness, Lady McIntosh, asked about the instruction to the Arts Council. The letter from the previous Secretary of State to the Arts Council was published and set out precisely what she asked it to do. It is important to stress that it was not giving instructions based on specific institutions or art forms, but it was asking the Arts Council to ensure that the taxpayer subsidy—which comes from taxpayers across the country—is spread more equitably across England. That is consistent with the arm’s-length principle we all cherish.

As a result, towns like Mansfield will receive funding for the first time. Mansfield District Council will receive £1.7 million over three years to manage Mansfield Museum and Mansfield Palace Theatre. Unanima Theatre, which brings young people and adults with intellectual and developmental disabilities together, will benefit from nearly £700,000 over three years—something I hope noble Lords welcome.

We have seen an increase in the number of organisations led by people with disabilities in the new portfolio to 32. I had the pleasure of visiting one of them, DASH in Shropshire, three weeks ago. We have also seen a huge increase in the number of organisations led by people from black, Asian and ethnic-minority backgrounds, from 53 in the last portfolio to 143 in the next. Arts, culture and creativity are all enriched when everybody is able to tell and share their stories. I congratulate the Arts Council on its work to enable that.

At the same time, we recognise the special role played by our nation’s capital. It houses world-class institutions. People visit them from all over this country, and indeed from all over the world. We see that particularly at the moment as tourists flock to London to enjoy the cultural offering. Those institutions perform a levelling-up function in providing a national stage on which people can perform. For the fictional Billy Elliot, it was dancing with the Royal Ballet which persuaded his family of the value of dance as an artistic medium. That story is based on “Dancer”, a play by Geordie playwright Lee Hall, which premiered at the Live Theatre in Newcastle and was heavily influenced by the photographer Sirkka-Liisa Konttinen’s book Step by Step, about a dancing school in nearby North Shields, the town of my birth. The film “Billy Elliot” made over $100 million at the box office. It won three BAFTAs and was nominated for three Oscars, which is an illustration of the economic benefit and soft power of UK culture. We want to see more films and plays like it. That is why I am proud to see an additional £90,000 going to New Writing North to encourage new playwrights like Lee Hall and continued funding of £640,000 for the Live Theatre and its connected organisations. Like the noble Lord, Lord Shipley, I am delighted by the cultural renaissance we are seeing on Tyneside.

Noble Lords and people beyond this House may disagree with some of the individual funding decisions taken by the Arts Council. They were made entirely independently of the Government, so, as I said, I cannot comment in detail on individual outcomes. They were taken against well-established criteria and expectations, with careful consideration taken by employees and the regional and national councils of the Arts Council, who have a deep understanding of the sector. Some of them are appointed by the Government; some are appointed by other politicians such as the Mayor of London. Many others are simply drawn from people with expertise across the sector and in their regions.

A number of noble Lords have mentioned the English National Opera. I saw earlier that its excellent chairman Dr Harry Brünjes and its excellent chief executive Stuart Murphy were here watching our debate. I think one of their colleagues has stayed behind; they are all very welcome. The English National Opera has done tremendous work. I pay tribute to it and all the staff for the work they have done, including the fantastic ENO Breathe programme, which has been helping people with respiratory problems as we emerge from the pandemic. The noble Viscount, Lord Chandos, asked about transitional funding for the ENO. I confirm that Arts Council England has offered the ENO a package of support. We are keen that the Arts Council and ENO work together on the possibilities for the future of the organisation. My right honourable friend the Secretary of State encouraged the Arts Council to provide a larger and longer pot of transitional funding, which will be available to all organisations affected by the decisions in this portfolio. I reassure noble Lords that in the new investment programme, Arts Council England’s investment in opera, orchestras and other classical organisations will represent around 80% of all investment in music. I hope that will be music to the ears of the noble Baroness, Lady Wheatcroft.

Through this programme, opera will continue to be well funded, remaining at around 40% of overall investment in music. Organisations such as English Touring Opera and the Birmingham Opera Company will receive increased funding. There are many new joiners such as Opera Up Close and Pegasus Opera Company based in Brixton, which I had the pleasure of visiting yesterday. The Royal Opera House will continue to be funded, receiving the largest amount of any organisation in the portfolio of more than £22 million—about the same as all of the east Midlands.

London’s role as a global cultural centre is clearly reflected in the next investment programme, with 61 London organisations receiving funding for the first time, including the Jewish Museum and the Foundling Museum. Arts Council priority places in the capital such as Croydon and Brent will receive £18.8 million over the next three years. In Croydon alone investment will double, and the borough will see three organisations join the portfolio. We are levelling up within London as well as between London and the rest of the country.

As noble Lords have noted, this funding round was extremely competitive. With a record number of applications, it was inevitable that some organisations would be disappointed. As the noble Baroness, Lady McIntosh, said, it was ever thus. There is no automatic entitlement for arts organisations to continue receiving public funding in perpetuity. We recognise that leaving the portfolio can be an anxious and challenging experience, particularly as we emerge from the pandemic and with the challenges of the winter we all face. But this can also lead to organisational innovation and development in the organisations that did not get as much as they were bidding for. As the noble Viscount, Lord Chandos, said at the start, the nature of the arts is to be open to dynamic change, and I agree with him that this should be encouraged carefully, mindful of the need for balance.

A number of noble Lords mentioned the creative industries sector vision that we are developing, which will set out our 2030 ambitions to drive growth and employment in our world-renowned creative industries as well as increase the positive impact that they can play in our lives. I recognise that the delays in publication have been frustrating, but we will publish it early in the new year—I hope that is better than “in due course”. At the heart of the sector vision is £50 million of investment from DCMS to drive growth across the country through the Create Growth programme, the UK games fund and the UK global screen fund. UKRI has announced over £100 million of support for R&D and innovation in the creative industries, including the creative catalyst and CoSTAR programmes.

In August last year, we announced our flexi-job apprenticeship offer, including a £7 million fund to support sectors with flexible employment patterns and project-based working, which is particularly the case in the creative industries. Five active flexi-job apprenticeship pilots are currently under way, with creative employers such as the BBC and the National Theatre. The ScreenSkills apprenticeship pilot, supported by DCMS, Netflix and Warner Bros, also focuses on widening participation and diversifying the talent pipeline in the TV and film sectors. Both the Department for Education and DCMS continue to work closely with the creative sectors through the creative advisory group to explore further possibilities and flexibilities for apprenticeships, alongside other post-16 pathways, including T-levels, higher technical qualifications and skills boot camps. I am delighted that the noble Baroness, Lady Bull, has agreed to chair the expert panel to inform the new cultural education plan.

The noble Lord, Lord Storey, spoke with passion about ensuring that everyone, whatever their background, has the opportunity to take part in arts and culture. You should not have to sofa-surf in London or know someone already in the business in order to pursue a career in the arts that can be rewarding in every sense of the word. As a former comprehensive schoolboy who grew up in Tyneside and rural Suffolk, I feel passionately about this and welcome the expertise that the noble Baroness, Lady Bull, will bring, along with her fellow panel members, to help us to deliver that. She is right to highlight the commission of the Local Government Association, chaired by the noble Baroness, Lady Young of Hornsey—I am pleased to say that I will attend its launch later this afternoon.

A number of noble Lords talked about the international reputation of UK arts and creativity. The cultural sector is a key asset that boosts perceptions of this country abroad, with both a financial and a reputational return on investment. Research shows that people who have been exposed to UK culture and education report more interest in doing business with the UK than those who have not—an average difference of 11 percentage points.

The noble Viscount, Lord Stansgate, talked importantly about the two cultures, which have never been closer, and the importance of science and scientific researchers. He may have seen the new exhibition at the Science Museum, “Injecting Hope”, about the search for a Covid vaccine. This will move from London to tour China and India. Earlier this week, I was at the Grant Museum of Zoology at UCL, which benefited from the £4 million pot of funding from the DCMS/Wolfson Foundation.

The noble Viscount and the noble Baroness, Lady Crawley, mentioned the importance of touring. We have supported the sector to adapt to new arrangements with the European Union, and we worked extensively with it and directly with EU member states to clarify arrangements on the movement of people, goods and haulage. We have worked across government and with the industry to develop guidance on landing pages on GOV.UK specifically for touring musicians and other creative professionals. We have worked to ensure that that is clear, accessible and available to people, and we continue to work with the sector to make sure that it is.

I mentioned the Government’s commitment through the Culture Recovery Fund, but a number of noble Lords asked about freelancers. The Omicron strain hit about this time last year, and I am glad to say that we provided £1.5 million of emergency funding specifically for freelancers, matched by £1.35 million from the theatre sector, which was distributed through the Theatre Artists Fund, Help Musicians and the Artists Information Company. This helped in addition to the money provided to organisations to ensure that they were able to open their doors and employ freelancers when the pandemic abated.

The last Budget increased tax reliefs for theatres, orchestras, museums and galleries until 2024. These additional tax reliefs are worth almost £250 million to the sector and are a fantastic boost to it to keep producing the content for which we are world famous. Taken together, along with the other pan-economy support measures that the Treasury provided, these interventions supported the cultural sector throughout the challenges of Covid. Furthermore, the £500 million film and TV restart scheme helped us to ensure that our screen sector could continue to produce content safety, protecting over 100,000 jobs and more than £3 billion of production spending.

We continue to be aware that arts and cultural organisations face new challenges because of the increase in energy prices. I recently hosted a series of round-table discussions with people from the performing arts, heritage and museum sectors to ensure that we maintain our focus on the ongoing impact of energy price increases and inflation as well as identifying opportunities to improve energy efficiencies. The Government continue to support all sectors in the economy this winter with the energy bill relief scheme, but I have heard first-hand how important this support has been to our cultural organisations. DCMS has worked closely to inform the Treasury-led review of the scheme, which will be published by the end of this year, and we have provided evidence on the nuanced challenges faced particularly by the cultural sector as part of this review.

In the Autumn Statement last month, the Chancellor set out his plans to restore stability to the economy, protect high-quality public services and build long-term prosperity. He also announced a £13.6 billion package of support for payers of business rates in England, which will support people in the cultural sector too. Plans for the second round of the levelling-up fund were confirmed, with at least £1.7 billion to be allocated to infrastructure projects around the UK before the end of the year. One of the themes for that fund is supporting cultural and heritage assets, which will give another important boost to the sector.

The noble Lord, Lord Leong, asked about text and data mining, and we recognise the concerns that the sector raised about this. My honourable friend Julia Lopez raised this with the IP Minister in the Department for Business, Energy and Industrial Strategy, who has agreed to engage further on the text and data mining exemption. We will consider all of the evidence before making a decision.

The noble Lord, Lord Foster, asked about creative clusters programmes. Since the last spending review, UKRI has announced more than £100 million of support for the creative industries to support innovation. The decision to fund creative clusters is made by UKRI, but I am keen to work with it to look at the results of the programme and other interventions to see what has worked and ought to be replicated.

So the Government recognise and appreciate that London is a leading cultural centre, with organisations that benefit not just the capital but the whole country and that are enjoyed the world over. But that is true of other towns and cities too: only last night, Veronica Ryan won the Turner Prize—I congratulate her—which was announced at Tate Liverpool. Next year, the eyes of the world will be on that city as it hosts the Eurovision Song Contest, inspiring people around the world about the power of music.

Through the Arts Council’s next investment portfolio, by increasing investment outside London, it will help to generate culture and creative opportunities for more people in places that have been underserved for too long. In doing so, it will help to redress an historic imbalance in arts funding. I firmly believe that that work, alongside the investments and other programmes that I outlined, can ensure that our world-class arts and culture can continue to thrive into the future.

UEFA Euro 2020 Final

Lord Parkinson of Whitley Bay Excerpts

Wednesday 30th November 2022 Lords Chamber

[Lord Bassam of Brighton]

To ask His Majesty’s Government what assessment they have made of the conclusions of the report by Baroness Casey of Blackstock An independent Review of events surrounding the UEFA Euro 2020 Final ‘Euro Sunday’ at Wembley, published on 3 December 2021; and what plans they have to publish a full response to that report.

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, the safety of spectators at sporting events is of the highest importance to His Majesty’s Government. We continue to work closely with all relevant authorities to ensure that football fans can continue to enjoy the sport while attending matches safely. This review was commissioned by and reported to the Football Association, and the Government were referred to in four of its recommendations. Our approach with respect to those recommendations is outlined in our evidence to the DCMS Committee inquiry into safety at major sporting events, a copy of which I have placed in the Library.

[Lord Bassam of Brighton (Lab)]

My Lords, I had to introduce the current football banning order system as emergency legislation some 22 years ago. It works well to punish offenders identified by the police and football clubs, and they work well with the CPS. Stake- holders believe that a refresh is needed. They want us to intervene early. They want to better educate fans, improve advice for stewards and create a new offence tackling turnstile tailgating. Do the Government have a plan to bring forward these revisions to tackle increases in football-related disorder, or is this another issue that will be put on the back burner?

[Lord Parkinson of Whitley Bay (Con)]

My Lords, the Home Office has already implemented a series of changes in relation to the existing football banning order legislation, building on the work that the noble Lord took when in government. This includes adding football-related online hate crime to the list of offences for which a banning order can be imposed on conviction, amending the threshold for the imposition of a banning order, extending the legislation to the women’s domestic game, and adding football-related class A drugs crimes to the list of offences, but we continue to keep all this under review.

[Lord Addington (LD)]

My Lords, can the Minister give us a little more advice about what this reaction will mean? Have the Government identified when the next football match of national significance will be? That should have happened with the Euro finals. Have we got an intelligence profile in place to give us a better chance of spotting this in future?

[Lord Parkinson of Whitley Bay (Con)]

The match at the centre of the noble Baroness’s report was clearly of national significance and an unparalleled situation. The current system for designating risk levels for football matches is determined by the police, so the Government believe that this is rightly an operational matter. It is not for us to create a separate system for classifying those matches and going over the heads of the police. However, we continue to ensure that appropriate resources are available to the police and others to ensure the safe delivery of major sporting events.

[Lord Bellingham (Con)]

My Lords, there was a highly aggressive crowd on that night back in July. Two thousand people gained access without tickets; there were 17 mass breaking-of-security incidents. Can the Minister explain exactly what lessons can be learned by the police and what will be done in future to prevent this sort of incident?

[Lord Parkinson of Whitley Bay (Con)]

There were lessons for a number of parties in the noble Baroness’s report. The action taken by the Government includes extending football banning orders in the way that I have described and commissioning the Sports Grounds Safety Authority to conduct and act on research about stewarding capacity throughout the live events sector. We have led the relevant authorities in considering the recommendations that the noble Baroness made on “Zone Ex” and designations.

[Lord Londesborough (CB)]

My Lords, one of the conclusions of the independent review was the over-reliance on inexperienced and poorly paid stewards. What is the Government’s response to this now that the UK and Ireland are pitching for the Euro 2028 tournament, which requires safety and security for 10 stadiums across five countries?

[Lord Parkinson of Whitley Bay (Con)]

The Sports Grounds Safety Authority commissioned on behalf of DCMS research on the sustainability of stewarding—not just in relation to football matches but live events more generally—looking at challenges such as recruitment and retention as well as training and experience, as the noble Lord mentioned. The authority is now working with football’s governing bodies and others to address the challenges identified in the research, and the Government continue to review challenges in the stewarding sector in light of the successful summer of sport that we have just enjoyed.

[Lord Harris of Haringey (Lab)]

My Lords, what assessment have the Government made of their own activities in respect of that particular football match—for example, the very late decision, pressed on everybody by the Government, to increase the numbers who could attend?

[Lord Parkinson of Whitley Bay (Con)]

On the points which the noble Baroness, Lady Casey, raised in relation to the Government and the four recommendations which had action for us, we have outlined our response in our evidence to the Select Committee inquiry, which I have placed in the Library. The noble Baroness’s report was not a report to the Government but to the Football Association, but we have carefully considered the recommendations for us and acted on them in consultation with interested parties.

[Lord Kamall (Con)]

My Lords, about 30 years ago, I was a volunteer steward. The deal was that you were not paid, but you got to see some of the good gigs and games in return for also stewarding some of the bad or less interesting games. You took that as a deal. But when it came to it, there was very little training, following the noble Lord’s question earlier. Is my noble friend the Minister aware of what training stewards are provided with, whether they are volunteers or paid?

[Lord Parkinson of Whitley Bay (Con)]

This falls into the work that the Sports Grounds Safety Authority has conducted in light of the noble Baroness’ review. My noble friend makes important points: I think that a lot has been done since the days he worked as a steward, but there is a lot more still to be done.

[Lord Pannick (CB)]

Does the Minister agree that one of the major problems last summer at the final was alcohol? Does he further agree that although there are many reasons for criticising the Qataris in relation to the World Cup, they may have discovered that to exclude alcohol from the vicinity of the ground—apart, of course, from executive boxes—helps to ensure a tolerable atmosphere for those who want to watch the football in a family-friendly environment?

[Lord Parkinson of Whitley Bay (Con)]

Certainly, as I have done when we have previously discussed this, I condemn the actions of a minority of people—in lots of instances, fuelled by alcohol—which spoiled the day for the law-abiding majority who wanted to go and enjoy the match. Of course, alcohol consumption at football matches has been considered by Tracey Crouch and the fan-led review, which also made the point that allowing clubs in the lower leagues to sell alcohol might give them an important sustainable income stream. We are considering the recommendations that she has made, and will bring forward views in due course.

[Baroness Uddin (Non-Afl)]

My Lords, it is a pleasure to follow the noble Lord. Has the Minister considered ensuring that we share some intelligence and data from the games that have been played in Qatar, from their impactful management of fans, and apply that to lessons for our application for 2028? Can I also take the opportunity to congratulate England on a wonderful win last night?

--- Later in debate ---

[Lord Parkinson of Whitley Bay (Con)]

I certainly echo the noble Baroness’s final comments—I see that she is sitting next to a noble Lord who might take a different view; diplomatically, I shall not intrude on that. She will be pleased to know that we continue to work with our international partners to ensure that we share the expertise that the police and other operational partners have in delivering major events. We had a good record of doing that this summer.

[Lord Watson of Invergowrie (Lab)]

My Lords, as a Scot, I had no dog in the fight last night, but I none the less congratulate England on qualifying. Further to the point about alcohol at that final in July last year, a big issue also was supporters using cocaine, of which there was photographic evidence. Has the Minister had any discussions with the Football Association about ensuring that the use of such drugs is at the very least limited among those entering the stadium?

[Lord Parkinson of Whitley Bay (Con)]

As I said, the Government have taken action to extend football banning orders to cover offences including the selling and taking of class A drugs at football games, which certainly had an effect on some of the disorder that we saw. We are taking forward action both as a Government and with policing partners.

[Lord Mackenzie of Framwellgate (Non-Afl)]

My Lords, I recall many years ago policing a match at Feethams in Darlington. I caught three youths climbing over the fence. I made them go back in to watch the end of the match, which I thought was a suitable punishment.

[Lord Parkinson of Whitley Bay (Con)]

A punishment that fits the crime.

[Lord Lexden (Con)]

Would it be possible for the noble Lord, Lord Pannick, to undergo some rigorous training as a steward, with specific responsibility for discouraging the consumption of alcohol at football matches?

[Lord Parkinson of Whitley Bay (Con)]

My Lords, pending the outcome of the review by the Sports Grounds Safety Authority, there might be roles as stewards for Members from across your Lordships’ House, not just for my noble friend Lord Kamall.

[Baroness Walmsley (LD)]

My Lords, is the Minister aware that rugby fans drink a lot of beer, but you do not have problems at rugby games? Does he know why that is?

[Lord Parkinson of Whitley Bay (Con)]

The noble Baroness makes an important point. Consumption of alcohol in a responsible manner is an important part of an enjoyable day out for many people. For other sports and lower down the leagues, it can be an important source of income for clubs. That is why we want to encourage the responsible consumption of alcohol and adherence to the law, so that everybody can enjoy a safe day out when going to a sporting match.

Telecommunications Infrastructure (Leasehold Property) (Terms of Agreement) Regulations 2022

Lord Parkinson of Whitley Bay Excerpts

Wednesday 30th November 2022 Lords Chamber

Moved by

[Lord Parkinson of Whitley Bay]

That the draft Regulations laid before the House on 19 October be approved. Considered in Grand Committee on 24 November.

Motion agreed.

Electronic Trade Documents Bill [HL]

Lord Parkinson of Whitley Bay Excerpts

2nd reading
Wednesday 30th November 2022 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, a Second Reading Committee considered the Bill in the Moses Room on 7 November.

Bill read a second time and committed to a Special Public Bill Committee.

Telecommunications Infrastructure (Leasehold Property) (Terms of Agreement) Regulations 2022

Lord Parkinson of Whitley Bay Excerpts

Thursday 24th November 2022 Grand Committee

Moved by

[Lord Parkinson of Whitley Bay]

That the Grand Committee do consider the Telecommunications Infrastructure (Leasehold Property) (Terms of Agreement) Regulations 2022.

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, I am pleased to introduce the statutory instrument laid before your Lordships’ House on 19 October. The Telecommunications Infrastructure (Leasehold Property) (Terms of Agreement) Regulations are part of the implementing regulations for the Telecommunications Infrastructure (Leasehold Property) Act 2021.

Providing greater access to fast, reliable and secure connections is a priority for His Majesty’s Government. The economic, social and cultural benefits of improving digital connectivity are already self-evident, and improving our digital infrastructure to deliver gigabit-capable connections will enable a profound change in what digital connectivity can contribute to our daily lives.

However, these benefits can be realised to their fullest extent only if they reach every home. For this reason, last year the Government passed the 2021 Act, which will support people living in blocks of flats and apartments, also known as multiple dwelling units, to access broadband services. The aim of the Act is to encourage landlords to respond to requests for access issued by network operators. I should clarify here that the individual who will be the person required to grant rights under the Act could be a landlord but could also be a property management company, depending on the arrangements a particular building has. This person is referred to as the required grantor in the Act, but I shall refer to landlords in the interests of brevity and clarity.

These rights, sought by operators, are essential for delivering connectivity. This is because, while a tenant in a flat may be able to provide permission for the operator to install equipment in his or her own flat, operators may be unable to deploy their services without first obtaining permission to install their equipment in areas which are not part of the target premises. Examples of such areas are shared corridors or riser cupboards, which are often a necessary part of the route to connecting the target premises. Permission to install equipment in these areas could come from either the landlord or a court.

Data provided by a number of operators suggests that around 40% of their requests for access receive no response. When an operator finds itself in this situation, our understanding is that the operator opts to bypass the property in order to maintain momentum for their wider deployment. The result of that operator’s understandable commercial decision is that the residents in the property concerned are left with little choice but to accept that they will miss out on superior connections, such as the installation of fibre where there currently is only a copper line, or perhaps even miss out on a connection altogether. The Government consider this to be unacceptable.

The 2021 Act addresses this issue by amending the electronic communications code—which I will refer to as “the code”—to create a new streamlined route through the courts: the Part 4A process. Operators can use the Part 4A process to access blocks of flats and apartments if a service has been requested by a tenant but a landlord is repeatedly unresponsive to requests for access. This legislation will thus prevent a situation where a leaseholder is unable to receive a service due simply to the silence of a landlord.

However, government policy in this area also works to keep a proportionate balance between the public benefits and the rights of individual landlords. This consideration is particularly important in the Act, where an operator may gain rights to access a property without the express permission, or potentially even the knowledge, of the landlord. The Act has been designed such that the terms and conditions applied to Part 4A code rights will ensure that this balance between the public benefit of network rollout and private property rights is maintained.

These terms and conditions are contained in two statutory instruments. One is the terms of agreement instrument we are debating today. The other is the Telecommunications Infrastructure (Leasehold Property) (Conditions and Time Limits) Regulations 2022—the conditions and time limits instrument—which was laid in Parliament on the same day as this, but is subject to the negative procedure.

The latter instrument specifies conditions to be satisfied before an operator can give a final notice to the landlord. These regulations are designed to make sure that the operator has made sufficient attempts to identify and contact the landlord before making an application to the court to have an agreement imposed. They also give a time limit within which the operator must apply to court for a Part 4A order and an expiry period for the code rights themselves. This is to ensure that the rights gained through this process are balanced in order to facilitate the provision of new connections without encroaching excessively on property rights.

The instrument we are debating today has been informed through detailed consultation with interested parties, including organisations representing landlords and operators, and contains the exact terms to which any code rights imposed under the Part 4A process will be subject.

All rights conferred under the code, whether under Part 4A or another part of the code—for example, rights to access land or install equipment—are subject to the terms contained in the agreement granting those rights. These could, for example, be particular requirements to give notice before entering the land in question. The precise terms to be applied to a code agreement have never previously been set through legislation.

The terms specified in this instrument include the notice requirements an operator must satisfy before entering the building, entry times for the operator, a requirement for the operator to indemnify the landlord for up to £5 million and requirements for labelling the equipment, among other details.

By prescribing the exact terms of a Part 4A agreement, this instrument represents a novel approach in telecoms infrastructure policy. This new approach has been taken for two reasons.

First, the circumstances in which the Part 4A process can be used are very specific. Part 4A can be used only where the operator needs to access land connected to the premises to which it wishes to deliver a service, and where both the target premises and connected land are in common ownership. Further, this process currently applies to multiple dwelling units only. The limited situations in which the Part 4A process can be used mean that, whereas in most cases legislation cannot effectively pre-empt the terms which a particular situation warrants, in this case the scope is so narrow that it can.

Secondly, fixing the terms of a Part 4A agreement makes the process for courts to deal with applications for code rights less complex, allowing decisions on whether to grant rights under the Part 4A process to be much faster. Given that the Part 4A process is designed to provide a quicker route to gaining code rights in order to avoid an operator having to bypass the building altogether, this is crucial. It also has the benefit of allowing courts to make more efficient use of resources. By allowing these cases to be dealt with swiftly, the court will have more time to devote to more complex cases.

Before concluding, I should note that these regulations apply to Scotland, England and Wales but not Northern Ireland. This is due to an issue stemming from the absence of a Northern Ireland Executive between 2017 and 2019, which caused the jurisdiction of code court cases in Northern Ireland courts to fall out of step with the rest of the United Kingdom. Work is under way to resolve this issue through separate regulations, to follow next year. These regulations and the Act that they help to implement represent an innovative approach to enabling digital infrastructure, which has been carefully designed to deliver improved connectivity for tenants while protecting private property rights. This instrument was debated and approved by a Delegated Legislation Committee in another place yesterday; I look forward to hearing noble Lords’ reflections on it today. I beg to move.

[Baroness Merron (Lab)]

My Lords, I am grateful to the Minister for his thorough introduction to this very practical statutory instrument. It is certainly one that we welcome. It has been subject to consultation and the measures in it seem proportionate.

However, I wish to raise with the Minister the matter of timeliness and process because I believe that, once again, it raises questions about the Government’s prioritisation of business. We can reflect that the enabling legislation was introduced in the Commons in January 2020 and, having been through the Lords, achieved Royal Assent in March 2021. The consultation on the new regime about which we are speaking today ran between June and August 2021, and the government response took until the end of June 2022. Now we find ourselves waiting almost until December for the SI to be laid and debated. I know that the Minister listened carefully to the concerns voiced more recently during the passage of the PSTI Bill about the speed of progress on rollout so, as this is a very helpful regulation to take us forward and speed things up, it begs the question—perhaps the Minister could give some comment in his response—as to why this is taken so long. Does he feel that this is the right way to deal with business?

Turning to the specifics of the regulations, I absolutely agree with the Minister—we have all come to this view—that broadband is an essential utility because it gives us access to nearly every part of society, whether that is shopping, schooling, public services or banking. We need a reliable, fast and affordable connection. Residents who live in multiple-dwelling units, such as blocks of flats or converted townhouses, need broadband just as much as everyone else. Certainly, it is interesting that Openreach warned that, without these much-needed reforms, it would be unable to connect up to 1.5 million apartments, which would undoubtedly risk the creation of a major digital divide. So I welcome the measures that are being introduced to help operators connect people living in apartments where landowners are repeatedly unresponsive. The measures we are considering today will help to resolve some of the most extreme cases but, if we want to meet the scale of the challenge of connecting everyone in a multiple-dwelling unit, further support and reform will of course be needed. I believe that the statutory instrument before us strikes a reasonable balance between operators and landowners and helps to connect people in flats who might otherwise be left behind.

The SI gives a reassurance to landowners that operators have to adhere to certain standards while carrying out the work, which will be a positive move to improve trust in the industry across the board.

I am sure the Minister will acknowledge that operators have raised some concerns that some of the terms are unnecessarily onerous. I will take a moment to refer to those, such as the need to send notice by recorded delivery when all previous attempts to make contact have been ignored or rejected, when many contact addresses for grantors are simply overseas PO boxes. Others have said that they will find it hard to line up permissions. Will the department review whether the use of Part 4A orders is working as intended, and will it record how many are successfully issued and followed through? In other words, will there be a review to see whether we need to make further changes down the line?

My second point is on wider considerations. This piece of delegated legislation deals only with an important but small part of the problem with connections in flats. I want to raise the fact that operators are often forced to move build teams on when they are installing full fibre in a particular area when they get to multiple-dwelling units, which means that those flats are left behind. It could be simply too difficult or costly for operators to come to an agreement with the required grantors in the timeframe during which they are, in a practical sense, in the area. Although it is true that operators can theoretically go back and connect those flats at a later date, that is way less efficient than doing it when they are already there.

The point is that if a build team moves on because the required permissions are not in place, those living in the block will potentially be left without the proper connection for some years until that matter can be resolved. It would be helpful to hear from the Minister how this statutory instrument will resolve the problem of the balance of getting permissions and having teams on the ground.

It would also be helpful if the Minister could comment on the continual revision of broadband rollout targets. Many times in the Chamber he will have heard concerns about constant revision of targets. To prevent this happening again, it is our view that there must be consideration of the broader concerns of those implementing the rollout and an attempt to balance those with the needs of landowners and other interested parties. Can he offer some comment, and indeed reassurance, that targets will not be further watered down?

In conclusion, this SI is a step in the right direction but further reforms will no doubt be necessary to ensure that tenants in flats do not unintentionally become a digitally excluded group. I believe we are all in agreement that broadband is an essential, not a luxury, but it is something that noble Lords will continue to keep an eye on, as I am sure the Minister will.

[Lord Parkinson of Whitley Bay (Con)]

I am very grateful to the noble Baroness for her scrutiny. It may have been a short debate, but she certainly did not let up on her scrutiny of this statutory instrument, and quite rightly so. I take her points about timeliness—we all want to see faster connectivity delivered as soon as possible—but, as I said in my opening remarks, this is an innovative area of law, which has implications for property rights. The 2021 Act introduced a process in which it will be possible for work to be undertaken on private property without the explicit consent, or potentially even knowledge, of the landlord. It is also important to remember that the Act prescribes the exact terms of an agreement in legislation. As I say, that approach has not previously been taken in telecommunications infrastructure policy.

Product Security and Telecommunications Infrastructure Bill

Lord Parkinson of Whitley Bay Excerpts

Consideration of Commons amendments
Tuesday 22nd November 2022 Lords Chamber

Moved by

[Lord Parkinson of Whitley Bay]

That this House do not insist on its Amendment 17, to which the Commons have disagreed for their Reason 17A.

17A: Because it would give rise to a new head of public expenditure, and the Commons do not offer any further Reason, trusting that this Reason may be deemed sufficient.

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

My Lords, it is a great pleasure to be back at the Dispatch Box to take this Bill, I hope, through its final stages in Parliament. I am very pleased to see how much progress has been made, and I take this opportunity to pay tribute and extend my thanks to my noble friend Lord Kamall, who carefully steered the Bill through Report and Third Reading in your Lordships’ House.

The Government have listened carefully to the points raised in scrutiny on this Bill, both in this House and in another place. We have taken on board recommendations made in both Houses of Parliament and have tabled amendments where those recommendations have strengthened the legislation. I am confident that the Bill is now in a form that will meet its objectives. Importantly for the debate before us today, that includes preserving a balance between landowners’ rights and the wider public interest in delivering telecommunications networks.

As I shall set out now, I hope that your Lordships will agree with Members in another place that Amendment 17 should not remain part of the Bill. The amendment in the name of the noble Baroness, Lady Merron, would add a new clause to the Bill requiring the Secretary of State to commission an independent review of the effect of the Electronic Communications Code, and of the Telecommunications Infrastructure (Leasehold Property) Act 2021, on the deployment of telecommunications infrastructure. Her amendment understandably aims to provide transparency, accountability and ongoing evaluation of the legislative framework that underpins digital deployment in the UK. As the noble Baroness knows, I fully appreciate the sentiment behind it, and I commend noble Lords in all parts of the House for their efforts to improve connectivity. I am grateful for the time given by the noble Baroness and others yesterday to discuss this ahead of our debate today. It is clear that we share the same goal, although our opinions in some instances differ about how to achieve it.

--- Later in debate ---

[Baroness Merron (Lab)]

My Lords, I am sure the Minister has picked up on the mood of your Lordships’ House today, as I know he will have done in previous debates. I am grateful to him for outlining the Government’s approach on infrastructure rollout and the concerns regarding a review. However, like other noble Lords who have spoken today, I feel that the department is still missing the point. It is appreciated that the Minister acknowledged the sentiments behind the original amendment. In common with other noble Lords, I am also grateful for the time that he and his officials have given to the discussion and consideration of the points that have been raised.

However, the original amendment before this House, which we are looking at again today, was intended to help the Government—something I emphasised in the meeting with the Minister—not least because it is an attempt to bring together balance, fairness and efficiency and to take a rather different approach from the one we have seen thus far, which the noble Lord, Lord Clement-Jones, has just referred to, of a trajectory of continually watering down ambitions because the regime is simply not delivering at the required pace. It would be better to tackle the root problems to find a way forward than moving the goalposts, which is what has been happening so far.

The creation of new stakeholder bodies could prove to be a positive step, but we need to acknowledge that this is not the first time we have seen such an initiative. DCMS already runs a number of working groups, and the discussions within them have rarely led to any significant breakthroughs. It would be of interest to hear why the working groups in this setting will be any different. While wishing the national connectivity alliance well in its efforts, establishing new groups or structures will be of little use if they become—as other noble Lords have said—talking shops, or, very significantly, if underlying regulation becomes ineffective.

We welcome both sides of the rent debate getting around the table, but it is important to say that our concerns about rollout go beyond issues around the valuation of land. In any event, as the Minister has said, Parliament will not have a full role in the upcoming discussions. As the noble Earl, Lord Devon, has indicated, we could do with some more detail about the reference the Minister made to the way in which Parliament will be referred to in the deliberation. I would also appreciate the level of detail that has been requested.

These problems are not going away—if anything, the situation is likely to get worse before it gets better, particularly given the increased volume of tribunal cases and the Government’s refusal to make their new arbitration process mandatory. It seems that the Government hide behind existing processes, claiming that an independent review would unnecessarily duplicate Ofcom’s role, but the fact remains that the current system is not working, and that is what we have to address. The disputes and regulatory ambiguity mean that we are not delivering the upgrades that millions across our country so badly need.

I am sure we all agree that better connectivity is crucial to future economic growth—which is supposed to be the Government’s priority—but with every delay to our rollout and every problem that is being faced, we are losing ground to international partners. Yes, the Bill will deliver progress in some areas, which is why we will not delay its passage any further, but without concerted efforts, we are likely to simply rerun these very same debates again and again in the years to come. There was a window of constructive opportunity here, and I put on record my great disappointment that the Government have not recognised this.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I am grateful to noble Lords for the points they raised in the debate today. I will try to respond to the questions that they have asked. I understand your Lordships’ desire to ensure that the Government are held accountable, as we should be, for the legislation that we enact, and that we are taking appropriate steps to monitor its impact. I would certainly not disagree with that sentiment.

I will start with the comments on the valuation regime, raised particularly by the noble Lord, Lord Cromwell. This, of course, has been debated at length throughout the passage of the Bill, both in your Lordships’ House and in another place. I am grateful to the noble Lord and others for their time to discuss this in more detail, but we are now reaching the point where we are at risk of repeating ourselves. There are no new points to be added at length. I ask noble Lords to bear in mind that the valuation regime was introduced through the Digital Economy Act 2017. In the intervening period, the public interest in access to digital services has only increased—a fact underlined, of course, by our reliance on those services during the Covid-19 pandemic. The case for a framework which encourages investment has, therefore, never been stronger, and we think the statutory valuation regime is an important part of that framework.

My noble friend Lord Northbrook and others mentioned our scepticism about the CEBR report. This is not to denigrate the CEBR itself, and I will not expand on the points contained in the note that he and other noble Lords have seen, to which he referred. I underline, however, that it was commissioned by the campaign group Protect and Connect, as the noble Lord, Lord Clement-Jones, acknowledged, and there are certain campaigning groups that have been, throughout the passage of this Bill, seeking to influence the debate, which have vested interests in the matter. They are perfectly at liberty to make their points in the way that they wish, but it should be borne in mind that the organisation funding this campaign stands to make significant financial gains if the changes to the 2017 valuation framework are reversed.

I hope I can give greater reassurance to my noble friend Lord Northbrook on the point he raised about transitional measures. The Government are considering the implementation strategy for this Bill very carefully, including possible transitional provisions. I reassure noble Lords that the implementation of the Bill will be discussed with all interested parties, including those representing the interests of landowners. The Government are committed to ensuring that the Bill is brought into force not only in a timely manner but in a sympathetic and responsible way, taking into account the range of impacts that different approaches may have on different groups.

The noble Earls, Lord Lytton and Lord Devon, the noble Lord, Lord Cromwell, and others flagged the evidence base on which the Government’s conclusions are based. The Government’s position is based on a wide range of information. That includes data on coverage and connectivity, which is collated by Ofcom and which demonstrates that substantial progress has been made since 2017. I repeat my apology to the noble Earl for the delay in sending him the data during our debates on this Bill, partly because of the interruption in service on my part. It is true that we have taken into account data provided by the industry on the number of agreements completed since 2017, but these are data that can be supplied only by the industry. If the valuation framework had stalled the market or slowed down deployment, it would not be in the sector’s interests to try to maintain that framework.

A number of noble Lords talked about the reduction in rent, which we have seen since the 2017 reforms. It sounds as though we might not come to an agreement on the precise figure, but rent is only one element of the financial package that operators may offer to landowners. Within the legislative framework, separate sums can be offered as compensation to cover potential loss and damage; other variations might occur in practice within the market. For example, as part of the financial package, operators might choose to offer an early completion incentive payment. I am concerned that some of the case studies that have been drawn to noble Lords’ attention may ignore the overall package offered to landowners or fail to acknowledge that figures presented might have been an opening offer, when ultimately very different terms might have been agreed once proper negotiations have taken place. The amount of rent received will, in practice, often depend on the much wider circumstances in which financial offers are made and final terms are agreed.

Football Spectators (Seating) Order 2022

Lord Parkinson of Whitley Bay Excerpts

Monday 21st November 2022 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

I too am grateful to the noble Lord, Lord Faulkner of Worcester, for securing the opportunity for this debate. The order has returned licensed areas of standing spectator accommodation to the top tiers of domestic football. The statutory instrument in question has now come into force but, as the noble Baroness, Lady Hoey, said it is a historic moment of significant change, and I know that it is a field of great interest to many Members of your Lordships’ House.

Your Lordships’ House maintains a close interest in matters of sports ground safety, keeping a keen eye on the safety of our football stadia and on the work of the Sports Grounds Safety Authority, which regulates and advises us on this issue. It has done so since its inception as the Football Licensing Authority, at a time when, as noble Lords reminded us, we as a nation needed to apply some urgent focus to safety in our sports grounds—particularly to spectator safety at our football stadia following a number of very serious incidents which had raised many questions about the safety of the people enjoying a day at the match.

With the establishment of the Football Licensing Authority, the Secretary of State retained a power to issue directions regarding the nature of seated accommodation, and with that the all-seater policy was established—the requirement that clubs playing in the top two tiers of English football provide seated accommodation, and that they should remain all-seater at whatever tier of competition they find themselves playing in. The all-seater policy has played its part in the overall improvement of safety at football grounds, through which we have seen the game appeal to a broader range of people and, mercifully, reduced the occurrence of serious crowd safety issues. But in the intervening years a number of factors pressed the case for change. While the all-seater policy has been very successful, “persistent standing” represented a stewarding challenge in distinct areas of stadia which had simply not been designed for spectators to stand safely. The all-seater policy caught in its scope only clubs promoted to the Championship and has not permeated throughout the entirety of professional football. Clubs in the same league are constrained by different ticketing offers but must safely manage the expectations of visiting fans. Various stadium infrastructure options are now available to provide safe standing. While this will always remain a safety policy—noble Lords are right to accentuate the importance of safety again today—the calls from fan groups for choice in how they watch the game were notable. Supporter groups have campaigned on this issue for many years, and the Football Supporters’ Association in particular has been an important partner.

The order, laid earlier this year, is a significant milestone. It comes after several years of careful and evidence-driven policy development, which reflects the different forms of safe spectator accommodation that we are now assured may be delivered with comparable or, indeed, with improved levels of spectator safety.

The potential for licensed standing accommodation had been discussed over several Parliaments but, as the noble Lord reminded us, the Conservative manifesto of 2019 outlined a clear commitment

“to work with fans and clubs towards introducing safe standing”.

With sensible caution—we promised progress rather than necessarily completion of the process—we have been careful to balance moving quickly with the gathering of evidence, consulting the people involved and shaping a responsible policy response.

As noble Lords will know, the Government launched an early adopter programme for licensed standing in seated areas on 1 January this year. The programme was implemented to test the practicalities of safety in areas of standing spectators—whether areas struggling with persistent standing could be mitigated with the installation of appropriate infrastructure to support near-continually standing supporters, and stewarding strategies that permitted standing in these areas of the ground. This programme offered the opportunity to test the approach over the remainder of the 2021-22 football season in stadia already equipped with, or prepared to invest in, appropriate supporting rails in some limited test areas of their spectator accommodation.

The programme included five early adopter clubs: Cardiff City, Chelsea, Manchester City, Manchester United and Tottenham Hotspur. While their vested interests cannot be denied, it remains extremely welcome that an appropriate cohort of football clubs was prepared to engage in this programme with no guarantees as to the outcome. Their investment in and openness to the project was critical, and we would not have come to enacting a significant change in the legislation governing sports grounds safety without their enthusiastic involvement.

With a number of clubs enlisted, the Sports Grounds Safety Authority formally commissioned an independent evaluation of the early adopters programme, which included a full roster of on-site observations across all participating clubs. The evaluation built on areas of relevance highlighted in an earlier evidence review and on the wider hypotheses of crowd dynamics in different configurations of spectator safety.

The authority published an interim report from this study on 23 April this year, which confirmed that

“Installing barriers or rails in areas of persistent standing in seated accommodation continues to have a positive impact on spectator safety”,


particularly in mitigating the risk of a progressive crowd collapse, by limiting forwards and backwards movement. This confirmed the belief of some experts in relevant areas, but the opportunity to have this configuration observed in situ, in real match-day environments, offered a compelling platform from which to commit to an evolution of approach in the regulation of sports grounds safety regulation.

On 24 May, we laid a Written Ministerial Statement, which indicated that, on the basis of these findings, the Government were “minded to” change the existing policy to allow all clubs currently subject to the all-seater requirement to introduce licensed standing areas for the start of the 2022-23 football season, provided they met strict criteria set by the Sports Grounds Safety Authority. The Statement was clear that any change to the existing all-seater policy would remain contingent upon the final evaluation report confirming the findings of the interim report.

CFE research subsequently provided the SGSA and DCMS with the final evaluation report. This concluded that the trial of licensed standing areas had been a success in both home and away sections. Given the positive impact on the safety of fans and the lack of any evidence that it increased disorder or anti-social behaviour, the report recommended that all clubs, in consultation with the SGSA and safety advisory groups, be given the opportunity to implement licensed standing areas and that the necessary amendments to the legislation be made as soon as possible.

The report also highlighted a number of other positive impacts of installing barriers or rails, also consistent with the previous research findings of the SGSA itself. These include: celebrations being more orderly with no opportunity for forwards and backwards movement; the risk of injury and the danger posed to others from spectators standing on seats or on the backs of seats being significantly reduced; egress from stadia being more uniform; it being easier to identify pockets of overcrowding in these areas; barriers making it harder for spectators to move towards segregation lines; putting stewards in more locations without affecting sightlines; and barriers offering stability for people moving up and down aisles and gangways. The final report also noted that operating licensed standing areas has the additional benefit of removing

“the need for safety teams to make spectators sit down, thus reducing potential conflict between staff and spectators”,

while also enhancing the match-day experience of spectators.

On the basis of this carefully considered programme of work, the Government subsequently laid the statutory instrument which retained the all-seater policy by default. Within this, the SGSA has the leeway to set appropriate criteria for areas where stadia subject to the policy may permit standing accommodation. With that, we have met, and indeed, exceeded our manifesto commitment of 2019; subject to meeting exacting criteria, clubs may now apply to offer areas of licensed standing accommodation for spectators throughout the Football League.

The noble Lord, Lord Faulkner, raised a number of important specific questions on the management of these licensed standing spaces, and I am pleased to say that the criteria which the SGSA has set for licensed areas directly addresses many of the points which he has highlighted today. However, to cover those briefly: meaningful engagement with the safety advisory group must be demonstrated, as must a plan for continued engagement with it throughout the season; there must be no negative impact for other spectators, and specifically for spectators with disabilities—we are always happy to engage on feedback, but provision for all supporters is key to the criteria set out for standing areas; and appropriate stewarding must be in place. The detail of what this looks like and the resulting broader management of spectators will of course vary from ground to ground, but what will remain common is the careful oversight of grounds adopting safe standing areas.

Level Playing Field, with which the noble Lord is associated, and many others, have been important parties in helping us to develop this policy. These licensed standing areas are relatively few in number and their compliance to the criteria will be closely monitored. However, the continued input of Level Playing Field, supporters’ groups and other advocates for accessible stadia remains very welcome, whether that is with their club, the SGSA or directly with the Government.

The noble Lord highlighted the importance of accessibility for spectators, and we particularly welcome the continued efforts of Level Playing Field in convening spectators with accessibility needs and for advocating for them in football—and in other sporting areas. All-seater stadia have contributed a lot to the needs of many spectators, and we hope that standing areas will offer choice and reinforce the improved experience that all-seaters can offer those who wish to or need to sit. I should say that Ministers have met Level Playing Field as this change has been introduced, and we welcome its continued engagement in ensuring that it has no unintended consequences for any fans.

The noble Lord, Lord Faulkner, also reflected on the fact that it might be perceived that we have changed public policy in line with those spectators who are “persistent standers”. Our research has now demonstrated that alternative policies may deliver the same, or improved, aim of spectator safety. With appropriate licensed infrastructure in place, at the expense of the club, spectators who wish to stand may now legally purchase a ticket to do so, and we can permit this in the knowledge that they are doing so in a safe environment. Safety should remain the prime objective, as it does in this statutory instrument.

The noble Lord, Lord Addington, asked some questions on specific numbers and the density of crowds. I should reiterate that this is not a return to terracing. The criteria for standing areas have been carefully crafted following the existing evidence and new observations from the early adopter areas. Standing areas will maintain the same density of crowd; here we are talking about allocated places assigned to ticket holders, and feedback from the police on appropriately monitoring stewarding has been reflected in the criteria more generally.

[Lord Addington (LD)]

My Lords, I was concerned with making sure that the barriers are sturdy enough to resist any crowd surge. That surge—the movement forward—is the danger. Can the noble Lord give us a little detail of when we will find out what that testing was so we can be absolutely sure of this? Also, if, as I understand it, there will be only one row, have there been tests to make sure that that will always be kept in place?

[Lord Parkinson of Whitley Bay (Con)]

I am grateful to the noble Lord for the clarification. If it is helpful, I will write with some technical detail, as what he is asking is probably best covered in a letter setting out some of the technical specifications.

It is perhaps an interesting point to add that UEFA, which has consistently also maintained an all-seater policy for its competitions, is now conducting its own review into the feasibility of licensed standing areas. UEFA will engage with relevant parties in the UK and other UEFA nations that routinely have standing accommodation available in its domestic competitions.

The noble Lord, Lord Bassam, asked about the consumption of alcohol in view of pitches, an issue covered by the fan-led review. I know that he looks forward to a full response on that from the Government, which will be coming in due course. I shall check whether the document that he mentioned has been deposited in the Library, and, if not, I shall ensure that it is.

In conclusion, the statutory instrument does not change the overarching approach to sports ground safety. Safety remains the primary factor in whatever type of spectator accommodation is offered; the measure that we are debating today does not draw our interest in that to a close. We must not rest on our laurels with any aspect of stadium safety, but I am confident that in the Sports Grounds Safety Authority we have an expert body that will ensure that our approach evolves and remains world-leading for many years to come.

[Lord Bassam of Brighton (Lab)]

I am sorry to get to my feet again, but the Minister has not dealt with my points on the five-yearly review periods and the criteria for design, and so on, although I appreciate that the technical stuff may be better dealt with in correspondence. Could he reflect on those two points?

[Lord Parkinson of Whitley Bay (Con)]

If I may, I shall add the response to the five-year review to the letter setting out the technical details on the criteria. As I say, I remain confident that in the SGSA we have a suitable authority. I know that noble Lords will remain vigilant on this important issue, as rightly they should.