Birmingham Commonwealth Games Bill [HL]

Debate between Viscount Younger of Leckie and Lord Moynihan

Tuesday 9th July 2019 Lords Chamber

[Lord Moynihan]

My Lords, I rise briefly to support the speeches of both noble Lords. This matter has taken us many hours of parliamentary debate, the Government’s argument being that we should not criminalise ticket touting on the secondary market. Yet we criminalise it for the Olympics and now we are criminalising touting for the Commonwealth Games. An equally popular event in the music world, or the sporting world outside those two, is not criminalised. My noble friend will no doubt demonstrate the logic of that.

While we may not make significant progress on this subject in this Bill, it is still wholly unacceptable that modern-day ticket touts can use bots to store 100, 200 or 300 sets of credit card details, pop them into their computer and sweep the market while you and I are putting in our names and addresses to take our families to some event that we really want to go to. They sweep that market and 20 seconds later there are no tickets left, but three hours later those tickets you wanted are available at massively inflated prices on the secondary market, to no benefit to the organisers of the sporting event, the sports men and women, the organisers of the musical or theatrical event or the people who enjoy the arts. That absolutely has to be addressed.

I am not arguing, nor have I ever argued, against a secondary market. It is good to see secondary markets established where you can sell at face value plus the costs of undertaking the transaction, so that if you cannot go because you are unwell or your family have not been able to make it, at least there is a market where you can sell to a true fan to ensure that the ticket is put to good use. I think I am right in reflecting that that was put in place in football principally because of the segregation problems that were much greater 20 years ago than today but nevertheless were seen to be important from the Home Office perspective in the context of the secondary market.

Outside the criminalisation proposal here today, I am pleased to see that we are making some progress on the secondary market, the availability of tickets and stopping the likes of Viagogo ripping off true fans. It continues to do so, and the reference to the CMA moving forward with contempt of court legal proceedings is to be really welcomed. Viagogo has simply failed to provide accurate information to potential theatregoers, concertgoers and sports fans—for example, displaying inaccurate claims about the number of tickets left on the site and a whole range of additional points. This is a subject I need to come back to.

I support the proposal that has come through, but I really find it difficult to understand why we need primary legislation to criminalise the modern-day touts for the Commonwealth Games, but for equally large, major sporting events and great arts events in this country we do not believe it is appropriate to criminalise the very same touts. As I said, no doubt my noble friend the Minister will be able to enlighten me.

[Viscount Younger of Leckie]

My Lords, before I turn to the specific amendments tabled—and particularly the remarks made by my noble friend Lord Moynihan and the noble Lord, Lord Stevenson—I say that the touting provision in this Bill sits within the Government’s broader strategy on the secondary ticketing market. We are determined to crack down on unacceptable behaviour in the ticketing market and have put in place a range of legislative measures in this area—including the Consumer Rights Act 2015 and last year’s anti-bots regulations, following the enabling provisions in the Digital Economy Act 2017—backed up by robust enforcement. Judging from recent announcements by the CMA, which was mentioned earlier, and others, this is clearly bearing fruit. I pick up from what Peers have mentioned that this message is getting through.

With regard to Amendments 18 to 22, I share noble Lords’ desire to ensure that a robust and comprehensive ticketing strategy is in place for the Games. Over 1 million tickets will be available for Games events across 11 days of elite sport. We want to make sure that as many people as possible of all ages, including from local communities in Birmingham and the West Midlands, can experience the Games at an affordable price. I hope I can reassure the Committee that the organising committee shares our ambition for an affordable and accessible ticketing strategy.

Fairness for the public is an imperative in ticket pricing, distribution plans and availability. Within this, the organising committee will consider the way in which those in communities in Birmingham and the West Midlands can be part of the Games. I remind noble Lords that there will also be a number of non-ticketed, free events at the Games, such as the marathon and the cycling road race and time trial. We should recognise that the organising committee is at an early stage in developing its ticketing strategy, but it is building on the lessons learned from London 2012 and Glasgow 2014. The ticketing strategy will be finalised in 2020, with tickets to be ready for sale in 2021.

Before I continue, I will pick up on a number of points raised by the noble Lord, Lord Stevenson, in particular. For example, how will the OC ensure that tickets for the general public are allocated fairly, and will communities get special access to tickets? I say again: fairness for the public is an imperative in ticket pricing, distribution plans and availability. The detailed plans will be developed and finalised in 2020. Pricing research and benchmarking will inform plans to ensure that tickets are attractive to local communities.

How can the Government ensure that tickets bought through an authorised resale facility will not be at inflated prices? This is an important question. It is up to the organising committee to develop and implement a ticket return and exchange process, including authorising ticket vendors for the resale of tickets for Games events. It is committed to ensuring that tickets are affordable and accessible. I can give a further reassurance that, under the Bill, people who want to pass on their tickets to family and friends for face value or less can do so without falling foul of the law, provided that this is not done in a public place.

--- Later in debate ---

[Lord Moynihan]

My Lords, I support the amendment of my noble friend in sports. I declare an interest that, until I was recently rotated off, I was a member of the Delegated Powers and Regulatory Reform Committee which considered this Bill.

I endorse what the noble Lord, Lord Addington, has said because the transport plan and its operations for the London 2012 Games was critically important. The purpose of this plan allows whoever is appointed to draw it up to make traffic regulation orders that can affect the lives of local people for a considerable amount of time, not only during the Games but before and after. It allows the restriction and prohibition of the uses of certain roads.

It is necessary—I am supportive of it—but significant powers go along with the plan that can infringe individual rights and the rights of those who go about their normal lives without any accountability to Parliament. Historically, with the London Olympic Games, the Olympic Delivery Authority was on the face of the Bill—Sir John Armitt was responsible for that—and there was transparency and accountability. He received a great number of representations. Some noble Lords may recall that there was concern about closing off a number of lanes so that members of the International Olympic Committee and their families could travel in style to the Games rather than take the Jubilee line, which was a much wiser decision than for those of us on the British Olympic Association. There was a great deal of interest and concern and it needed accountability.

Similarly, in the legislation for the Commonwealth Games in Glasgow, the Organising Committee of the 2008 Commonwealth Games was on the face of the Bill. Here, as the noble Lord, Lord Addington, has said, that has not been specified. No reason is given in the Explanatory Memorandum as to why it has not been possible to specify in the legislation the body which has to exercise the functions of the “directed person”, nor why such a broad discretion is conferred on the Secretary of State to decide who is to exercise those functions. Clause 24 simply refers to the Secretary of State directing a person “to prepare a Games transport plan” without any limits on who that person may be.

There has been a red thread in much of what I have said today—accountability and transparency—and in this Bill the delegation of the power of the Secretary of State is inappropriate unless there is a clear explanation as to why it is needed.

[Viscount Younger of Leckie]

My Lords, I have taken note of the points made by the noble Lord, Lord Addington, and my noble friend Lord Moynihan in respect of their amendment and on Clause 24, which cover the Games transport plan. I hope to provide reassurance that the amendment is not required but that Clause 24 is.

Effective transport provision for an event of this scale and profile requires detailed planning and co-ordination. A well understood and supported transport plan is therefore essential—a point made by both noble Lords and I hope I can provide a detailed explanation to reassure them—and that is why Clause 24 provides for the Secretary of State to direct “a person”. By this it is meant a body corporate to prepare a Games transport plan. It is an integral measure. The plan will set out a strategic approach to the planning and co-ordination of transport to support the Games. It will cover the transportation of spectators, athletes and the Games family, while at the same time ensuring that any disruption to local residents and regular transport users is kept to a minimum.

We have put this in the Bill as statutory footing to give the transport plan appropriate authority and weight. Indeed, without a statutory plan, transport partners would be reliant on voluntary arrangements which could impact on the effectiveness of Games transport planning. Such a direction from the Secretary of State must be in writing. To ensure adequate consultation with key stakeholders before preparing or revising this plan, the person directed will be required to consult the bodies listed in the Bill. Further, the plan will be published for consultation to ensure that residents and businesses are given the opportunity to share their views. We will write to interested Peers when this is published.

We believe it is important to give local traffic authorities a clear indication of the expectations in relation to the Games transport plan. That is why this clause also places a requirement on local traffic authorities for roads affected by the plan to exercise their functions with a view to securing the implementation of the plan. The Bill also enables the Secretary of State to revoke a direction to prepare a transport plan. This is a safeguard that, while unlikely to be called on, will enable the Government, in our role of providing Games assurance, to react quickly and flexibly to any unforeseen circumstances.

We recognise the difference in approach from previous Games in London and Glasgow. This reflects the transport infrastructure and expertise that already exists across Birmingham and the region and, importantly, the unique circumstances under which the Games were awarded. We expect that the person best placed to take on the responsibility of producing the transport plan would be a local authority or combined authority. The views of local partners will strongly factor into the Secretary of State’s decision. I have, none the less, listened carefully to the issues raised by both noble Lords in this debate and in the report of the DPRRC, and I reassure the Committee that I will give this matter further consideration ahead of Report.

I would like to highlight that it is the strong view of Games partners that a statutory plan, alongside a requirement on local traffic authorities to implement it, will provide a clear framework for the delivery of Games transport.

[Lord Moynihan]

I do not want the Minister to think I am not completely in favour of the transport plan or not completely in favour of everything he set out about functions. I simply do not understand, however, why nobody appears to know who will produce the transport plan and why, if it is a group of local authorities, we cannot be more specific about that and put it in the legislation so that there is transparency and accountability.

[Viscount Younger of Leckie]

All the points my noble friend has raised are fine, but we have not quite got to the point where every decision has been made. I have been trying to make the point that getting the transport right is very important. Lessons have been learned from other Games. I hope I have made the point that we have got to a particular point in planning and it is important that we follow through on it, but we are not at the stage of being able to give every single detail.

I highlight that it is the strong view of Games partners that the statutory plan, alongside the requirement on local traffic authorities to implement it, will provide a clear framework for the delivery of Games transport operations, facilitate co-operation and minimise the risk of disruption and disagreement around activities required for the Games.

I shall use this opportunity to provide greater detail on Games-time transport preparations. As noble Lords may know, hosting the Games is accelerating the development of public transport infrastructure improvements that will benefit the city and wider region. They include the development of the new Sprint rapid bus routes mentioned earlier, and improvements to University and Perry Barr railway stations, subject to the necessary approvals. Games partners are also developing a communications plan to promote the use of public transport and to ensure that Birmingham 2022 will be a public transport Games. All venues and live events will be accessible by public transport and additional temporary services will be available to alleviate pressure on the transport network.

Turning to Amendment 24, I am confident that the measures in the Bill and the wider upgrades and developments to the public transport network will deliver on the intention of the Games transport plan. I reassure the Committee that the Government will carefully consider how best to report on the Games’ outcomes, including the transport provisions, following their successful conclusion. With the extra information that I have given, as far as I can, I hope that the noble Lord, Lord Addington, will not press Amendment 24 and that the Committee will agree that this clause stand part of the Bill.