Birmingham Commonwealth Games Bill [HL]

Baroness Barran Excerpts

2nd reading & 2nd reading (Hansard): House of Lords & 2nd reading (Hansard)
Monday 3rd February 2020 Lords Chamber

Moved by

[Baroness Barran]

That the Bill be now read a second time.

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Baroness Barran) (Con)]

My Lords, when this Bill was introduced in this House in the last Session by my noble friend Lord Ashton of Hyde, he began by setting out his hope that it would be welcomed across the House. I need not set out the same wish; the constructive and helpful engagement and support the Bill enjoyed previously shows that to be the case. The scrutiny that this House brought to bear has had a material impact on the work of the Games partnership. Transparency, openness and a commitment to realising lasting Games benefits were all examined in this House.

I am pleased that Games partners listened to concerns about subjecting Games planning and delivery to constructive scrutiny. I know that the organising committee has since spoken with a number of your Lordships and recently wrote to a number of Peers to provide an update on the Games. These preparations are progressing at pace. The organising committee now has more than 100 staff and will continue to recruit right up to the Games in 2022. Work is well under way on each of the major capital projects being delivered for the Games.

Noble Lords, understandably, also focused on the benefits that the Games will bring to the people of Birmingham and the West Midlands. A thriving Midlands is essential to our national economic success and levelling up economic regional growth. These Games will put the city and the region on a global stage, create new jobs and provide improved transport and new community sports facilities. Recently, I saw at first hand early construction of the brand new Aquatics Centre in Sandwell and heard how, following the Games, it will bring important benefits to the local community as a state-of-the-art leisure centre.

Accessibility is another area that rightly saw a great deal of interest and where the organising committee has listened and responded. I know that it is very grateful to the noble Baronesses, Lady Brinton and Lady Grey-Thompson, for their valuable insights. The organising committee has appointed a full-time accessibility manager and established its accessibility forum to inform its strategic approach to accessibility. The forum is growing in size and represents disability specialists, charities and organisations from across the region, meeting on a quarterly basis. This work will inform the creation of the Birmingham inclusive Games standard: an ever-evolving set of principles to define and measure Birmingham 2022’s accessibility standards. The organising committee’s ambition is that this will be used as a benchmark for future Games.

Another area of interest was sustainability, which Games partners are committed to embedding as a key pillar in the planning and delivery of the Games. The organising committee’s commitment to sustainability will be based on the four Cs of certification, carbon, circular economy and conservation, which will be aligned with the UN sustainable development goals. The organising committee has signed up to the UN Sports for Climate Action framework, which is another first for a Commonwealth Games, and it will look to procure sustainably and locally as far as is possible, thus reducing and limiting waste.

Underpinning these commitments to legacy, accessibility and sustainability is the Birmingham 2022 social values charter. This was published in October and focuses on the five key areas of sustainability, health and well-being, inclusivity, human rights and local benefit. It is now at the heart of the delivery of the Games and is an integral part of the procurement process. More information on these areas can be found on the Birmingham 2022 website and I can confirm that there is a dedicated liaison officer in the organising committee for parliamentary engagement.

While I enjoy setting out all the excellent progress made to date, I would not have fully discharged my duties here if I did not briefly remind noble Lords of the Bill before us. Passing this legislation in short order will help to establish protections around sponsors’ rights and provide planning certainty to the Games partners. The Bill brings forward a small number of temporary measures which are essential to the successful operation of the Games.

Part 1 deals with financial assistance and reporting. The former ensures that financial assistance given to the organising committee continues to comply with financial propriety rules set out by Her Majesty’s Treasury. The latter, introduced in light of the feedback from noble Lords, requires the organising committee to produce an annual report to be laid before Parliament setting out the details of what it has done in a number of important areas raised by the House.

Part 2 concerns association with the Games and introduces measures to protect against unauthorised association. As noble Lords will know, securing commercial sponsorship is critical to staging a world-class event and to managing public investment in the Games. This can be achieved only when the rights of sponsors are protected and that is what this measure is intended to do.

Part 3 sets out the criminal offences brought forward in this legislation which, as with most other measures, have precedence in previous Games legislation. Under Part 3, the touting of Games tickets will be prohibited; this is aimed at helping the organising committee to ensure that tickets are accessible and affordable. Part 3 also creates offences for unauthorised advertising and trading in and around Games locations. These restrictions will be in place only when and where they are necessary and for no longer than 38 days, ensuring that trading does not obstruct easy movement in the vicinity of Games locations and to provide a consistent look at each venue.

Part 4 concerns the transport powers needed to deliver a Games of this size and complexity. For the Games to be a success, transport in the host city and region must work effectively, both for those living and working around Games locations and the region, and for those involved in the Games. The measures in the Bill are aimed at securing this.

While the substance of the Bill’s measures are largely unchanged, there are a small number of changes which have been made since the last Session, some of which I should draw to the attention of noble Lords. The reporting requirement set out in Clause 2 requires the organising committee to report on the exercise of its functions during each reporting period. The Bill as amended on Report provided for the first such period to end on 31 March 2020. As it is now unlikely that the Bill will have achieved Royal Assent by this date, the date has been amended to 31 March 2021. Additionally, Clause 33 has been amended to ensure that alongside the financial assistance provision, the annual reporting provision will be commenced upon Royal Assent.

Part 2 of the Bill prohibits unauthorised association with the Games, and Clause 5 already sets out exceptions to this prohibition. As introduced last Session, the Bill covered exceptions such as where there are pre-existing registered trademarks, fair use or use in literary, dramatic or artistic works, among others. We are of the view that an additional exception for certain providers of information society services is required. This change simply ensures that the Bill fully takes account of the protections, in line with the e-commerce directive, intended to apply to online intermediaries.

In Clause 24 there has also been a small change to the interpretations provision for trading. This is to ensure that a person is considered as carrying out Games location trading if, for example, a seller is inside a Games location but selling to a buyer outside a Games location. Therefore, if an ice cream was sold from a kiosk inside a Games location to a customer outside a Games location, it could still be a trading offence—unless the activity was otherwise authorised by the organising committee or excepted. This aligns with our approach to trading in a relevant public place, where the same principle applies.

In conclusion, I remind your Lordships of the exciting prospect ahead. The chair of the Commonwealth Games Federation Coordination Commission, through which the federation monitors progress against delivery of the Games, late last year reflected that

“Birmingham 2022 will stage a fantastic Games and … people across the West Midlands, the UK, the entire Commonwealth and beyond should start getting excited about this event.”

This is a fantastic and deserved endorsement of the work of everybody involved. He also touched on the “unprecedented” level of collaboration across the Games partnership and the

“commitment to legacy and benefits.”

I look forward very much to noble Lords’ contributions to this debate and thank your Lordships once again for their continued support. It is now 906 days until the Games start, which is why I look forward to seeing this important Bill pass quickly through this House and on to the other place. I beg to move.

Birmingham Commonwealth Games Bill [HL]

Baroness Barran Excerpts

2nd reading & 2nd reading (Hansard - continued): House of Lords & 2nd reading (Hansard - continued)
Monday 3rd February 2020 Lords Chamber

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Baroness Barran) (Con)]

My Lords, I thank your Lordships for your valuable contributions to the debate today. I will try to address some of the points raised during the debate but if I am unable to respond fully, I will ensure that I will follow up with a letter on any points that I have not covered.

I echo the comments of the noble Lord, Lord Griffiths, about the progress, energy and commitment that we have seen since we last met in this place to discuss the Bill. That energy also relates to reporting to both Houses and keeping them up to date with progress. I am also happy to discuss issues raised today in further detail ahead of Committee, if noble Lords feel that that would be helpful.

I start by addressing some of the transport issues raised, as I now understand, by the world’s leading train expert, the noble Lord, Lord Snape. He will understand that transport for an event of this scale and profile requires a huge amount of planning and co-ordination, which is why a detailed transport plan is being developed. Given the shrunken timetable for delivering the Games, local partners have already started work on the transport preparations in the absence of the legislation. The transport plan underwent a 12-week period of engagement; partners are now looking at the findings and will report back in due course.

A number of noble Lords, including the noble Baroness, Lady Crawley, were obviously traumatised by their experiences of Birmingham New Street station. I must say, it is vastly better than it used to be, but as part of the detailed operational planning, the Games partners are looking at the signage and wayfinding for all users, including spectators.

The noble Lord, Lord Grocott, asked why the Games traffic measures need to be in place 21 days in advance of the Games. That is a purely precautionary measure. In relation to Kings Heath station, I assume that we will need to agree a date when the noble Lord, Lord Hunt, will be there to open it, because clearly it is his divine right.

The noble Lords, Lord Foster and Lord Hunt, and others mentioned funding and a hotel tax. Noble Lords will remember that, as part of the process of being awarded the 2022 Commonwealth Games, the Government committed to underwrite their organisation and delivery, providing suppliers and contractors with the confidence they need that there is a robust financial framework behind the Games. The Government and the council have developed robust financial governance and change control processes to monitor and manage the spend against the Games budget, and control access to the contingency. I am pleased to confirm to my noble friend Lord Moynihan that the Games delivery is on time and on budget.

A number of noble Lords suggested that a local statutory hotel occupancy tax be supported to generate income to make a financial contribution to Birmingham’s share of the cost of the Games. My understanding is that Birmingham City Council said that this would provide only a small contribution—perhaps £5 million—to the £40 million revenue requirement. It also said that such a tax is not necessary for the city to meet its share of the costs. I think I disappoint several noble Lords by saying again that the decision for a new tax sits with Her Majesty’s Treasury, which has confirmed that local authorities already have a range of income streams from which to deliver local services and that it has no current plans to support increased local fundraising through this type of taxation. It would be up to Birmingham City Council to present a case to Her Majesty’s Treasury if it wished to proceed with this. On the point made by the noble Lord, Lord Foster, about reviewing the rate of VAT, all taxes are kept under review but there are no current plans to review VAT.

The noble Lords, Lord Foster and Lord Hunt, the noble Baroness, Lady Crawley, and my noble friends Lord Moynihan and Lord Holmes talked about the hugely important Games legacy. Clearly there are many aspects to legacy but a number of your Lordships’ comments focused on the health legacy. As was mentioned, Sport England has already invested £10 million in Birmingham and Solihull to tackle physical inactivity; recently, the Department for Education also announced funding for a programme to encourage more young people to volunteer for grass-roots sport and in the wider community ahead of the Games.

The noble Lord, Lord Bilimoria, mentioned the links between universities and the Alexander Stadium, as well as the commitment to Birmingham City University being a tenant, if that is the right word, of the stadium going forward. There are plans for usage of the major facilities for 365 days a year. Similarly, plans for how the facility at Sandwell will be available for community use are well advanced; we can all agree that that is hugely important.

The noble Baroness, Lady Young, reminded us of the need to stay vigilant on human rights, modern slavery and trafficking risks around any event of this type. I am glad that she recognises the thought around modern slavery that has gone into the plans for the Games. The organising committee is absolutely committed to protecting human rights in the delivery of the Games. The charter was published in December and has been made public on the Games website. It looks at the working and procurement practices that will go to make up the Games, and human rights are at the heart of that. The committee will report annually on its progress and obviously noble Lords will have a chance to review that, as I am sure they will.

The noble Baroness, Lady Brinton, in absentia the noble Baroness, Lady Grey-Thompson, my noble friends Lord Moynihan and Lord Holmes and the noble Lord, Lord Foster, all talked about the critical issues around accessibility to the Games. The accessibility strategy has been set up with spectators, athletes, the broadcast media, the local workforce and the volunteers in mind, so that all groups should be able to access the Games. As was noted, the organising committee has appointed an accessibility manager and established a forum, and the accessibility strategy will be published this year.

I will need to write to the noble Baroness, Lady Brinton, on the number of homes in the athletes’ village that meet the lifetime homes standard. She also asked about accessible venues and stadia. The aim for all the Games partners is that the venues and the services around them are designed, operated and delivered to ensure that everyone has a positive Games experience, which by definition means that you are not parked somewhere on the outfield. Similarly, we expect all sports clubs to take the necessary action to fulfil their duties under the Equality Act.

[Baroness Brinton (LD)]

Is the noble Baroness aware that all those aims and good words are exactly the same as they were for Glasgow, and therein lies the problem? My question was about the standards that would be expected. It would be helpful to know whether there will be specific arrangements in place, for example, for people in wheelchairs to sit with their families, as opposed to having to sit separately.

[Baroness Barran]

I shall write to the noble Baroness with the detail on that, but I absolutely hear what she is saying. Although I am not familiar with what was done for Glasgow, I know that in a number of areas, such as the recruitment of volunteers and the workforce for these Games, disability is central to the standards that have been set. There is a clear intention to meet that, but her critique would be welcome.

I turn to the question of Games lanes for use by athletes. At this stage, it is too early to say what temporary measures, such as a Games lane, will be needed, but obviously any such measures implemented will seek to minimise disruption for transport users, local residents and businesses. The noble Baroness, Lady Brinton, and my noble friend Lord Holmes talked about transport between hubs and Games venues. The draft Games transport plan states that

“for persons with specific accessibility requirements, and; accessible bus shuttle services will be provided from key transport hubs and Park & Ride sites.”

I hope that goes some way to reassuring both noble Lords.

I turn to the specific questions about seating. I do not know whether this will go some way to responding to the question asked earlier by the noble Baroness, Lady Brinton, but the organising committee has committed to meet the requirements of the International Paralympic Committee for accessible venue seating. At the risk of repeating myself, noble Lords will be able to scrutinise the organising committee’s approach to accessibility when it publishes its accessibility strategy in the spring. The committee particularly welcomes any feedback or input from noble Lords. The sustainability strategy will also be published in the spring.

My noble friend Lord Holmes asked about diversity in the organising committee. As I mentioned, a diversity recruitment plan has been developed and work is going on towards a “leaders in diversity” accreditation, which we hope will be achieved by the summer. While I do not have the exact figures on the breakdown, I am happy to write to my noble friend. I think I have already touched on the volunteer recruitment programme, where there is a campaign to recruit and engage a workforce that reflects the diversity of Birmingham as a city as well as the diversity of the UK.

The noble Lords, Lord Bilimoria and Lord Foster, and my noble friend Lord Moynihan talked about shooting as part of the Commonwealth Games. The Government very much welcome the confirmation from the Indian Olympic Association that India will be taking part in the games. We also welcome India’s proposal to the Commonwealth Games Federation to host the additional events for shooting and archery. The federation is currently considering the proposal with its member associations and will confirm its response to India.

[Lord Bilimoria (CB)]

I thank the noble Baroness for that positive response from the Government to support India hosting the shooting and archery events. What I did not make clear in my speech was my request that, for future Commonwealth Games, the Government should support shooting being a compulsory sport, rather than an optional one.

[Baroness Barran]

I will be happy to raise that with my honourable friend the Minister for Sport in the other place and make sure that he is aware of that suggestion. In fact, he is meeting representatives of the Commonwealth Games Federation as we speak to discuss this very point. I can also confirm that the costs for the events will be met by the Indian Olympic Association.

A number of noble Lords asked about the News Media Association. The Government welcome the engagement of the association on the development of the Bill. It places on the Secretary of State a duty to consult specific people before making the exceptions regulations for advertising and trading. We are keen to continue working with the News Media Association and others as work on potential exceptions develops.

The noble Baroness, Lady Crawley, asked about government support for enforcement and trading standards. The Government are working with local authorities, the organising committee and West Midlands Police to create a co-ordinated approach, but the restrictions placed on ticket sales, advertising and trading are designated primarily as a deterrent. Obviously, we very much hope that is effective.

The noble Baroness also asked about community involvement, as did my noble friend Lord Holmes. I think it was my noble friend Lord Coe who, at Second Reading last time, talked about the critical importance of involving the community when launching an event of this type. There is already a programme to link schools with the Games. There is a programme of creating community champions and, if noble Lords have suggestions for who those might be and would like to nominate anyone, the opening date is 14 February. This is an absolutely critical part, and a lot of work has already gone into the community programme, thinking about skills, volunteering opportunities and the environmental implications of the Games.

As I said in the opening sentences of my speech, I would be delighted to meet noble Lords ahead of Committee to discuss any points they would like to raise. As we bring this debate to a close, I again thank all noble Lords for their contributions. I am delighted by the continued support for the Games, and listening to your Lordships gives me a sense of the real enthusiasm that this House has for playing its part in delivering this important legislation.

Bill read a second time and committed to a Committee of the Whole House.

Birmingham Commonwealth Games Bill [HL]

Baroness Barran Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Tuesday 25th February 2020 Lords Chamber

[Lord Shipley (LD)]

My Lords, I was not able to speak at Second Reading but I have listened carefully to the debate on this group of amendments. I hope that, when the Minister replies, a number of points that have been raised will be clarified. I support the amendments in this group. In particular Amendments 11 and 3, which broadly cover the same issue of how to raise more income at a local level, should be supported by the Government. The questions that have been asked about a tourist tax, a hotel bedroom tax or a lottery are all about the same thing: how to get more local income raised. My concern is whether the council taxpayers of Birmingham could be faced with a big bill—or else, big cuts in services—if there are difficulties for Birmingham in raising its 25% contribution. I hope the Minister will be able to clarify this; she needs to explain it to the Committee.

I also seek the Minister’s confirmation that the 25% contribution will include all costs that fall to the city council, or other public bodies, outside the formal structure of the governance of the Games—things such as extra street-cleaning, refuse disposal, information services, policing and emergency planning. There is a long list of them; I assume the Government have discussed it with Birmingham and that these matters have been agreed. It is important that the Minister clarifies what is included in the 25% contribution and what lies outside it.

I am sure we all accept that financial and other long-term benefits will accrue to Birmingham, so a local contribution to the cost of the Games is clearly appropriate. However, I have not really understood why 25% is the right figure or what discussion there has been about that. If it is not the right figure, what is the Government’s contingency plan to make up the deficit? As a number of noble Lords have pointed out, in her reply at Second Reading the Minister said that the Government had agreed to underwrite the organisation and delivery of the Games. The critical word is underwrite, but it requires clarification. Does that underwriting include any shortfall on Birmingham’s 25% contribution if the income streams do not deliver the expected sums?

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Baroness Barran) (Con)]

My Lords, I start by sharing the positive sentiments that many noble Lords, including the noble Baroness, Lady Grey-Thompson, the noble Lords, Lord Grocott and Lord Addington, and others made about the excitement that we all feel about the potential for the Games and the message that we can send to cities which might wish to host games in future. The Government absolutely share that view.

I turn to the amendments. Amendment 3 calls for the preparation of a report, a key aspect of which includes an assessment of the case for implementing a temporary hotel occupancy levy throughout the Games, the proceeds of which, after costs of administration, would be made available to Birmingham City Council. I understand that Amendment 1, in the name of the noble Lord, Lord Foster, is to seek clarity on Birmingham City Council’s financial position. As the Committee knows, Birmingham and the West Midlands region will benefit from a £778 million public investment to stage the 2022 Commonwealth Games. The city council is responsible for funding 25% of the Games budget—£184 million—which the council has publicly committed to meet.

The Government have supported the council by agreeing that we will provide the majority of the contributions in capital and profiling its revenue for the final year 2022-23, as the council requested. A number of noble Lords raised concerns about the ability of the council to meet this. The Cabinet approved the council’s financial plan for 2020-24 at its most recent meeting on 11 February, with the funding requirement to be met from partner contributions, prudential borrowing and council-generated funding, such as capital receipts. The council recently submitted a proposal to my department requesting to pilot a statutory hotel occupancy tax, such as that outlined by the noble Lord, Lord Hunt of Kings Heath. The tax is not necessary for the council to meet its share of the costs and the council’s own figures show that it would provide only a small contribution towards its revenue requirement. In any case, as I said at Second Reading, if the council wants to raise proposals for a new tax, the Bill is not the appropriate vehicle, as it is not a money Bill.

The Government will continue to work closely with Birmingham City Council to ensure that it can deliver on its financial contributions. It might be helpful if I set out some of the processes and assurances in place to ensure that the Games remain on budget. I also gather that that is the thrust of Amendment 5, tabled by my noble friend Lord Moynihan, and I hope it also addresses Amendment 11, tabled by the noble Lord, Lord Addington.

The Birmingham 2022 Organising Committee has been established to deliver the Games, with the UK Government as the primary funder. There is robust financial governance and the budget has been subject to significant scrutiny. Contingency is held by the strategic board, including the Minister, the Mayor of the West Midlands and the leader of Birmingham City Council.

I will cover a couple of additional details, given the number of questions there were on this issue. To reiterate, the budget has a significant but realistic level of contingency within it. As joint funders, it is in both the Government’s and the city council’s interest to keep within the cost envelope. Importantly, it should be remembered that, when Birmingham bid to host the Games, 95% of the venues were already in place, reducing some of the risk around the Games. The Government have also committed to providing Parliament with updates on expenditure during the project.

I note that the intention behind Amendment 5 is to better understand any link between the Games budget and the proposed shooting and archery championships in India. To be clear, shooting and archery are not part of the Birmingham 2022 Commonwealth Games, but rather a Commonwealth event that will be held in India in 2022, at no cost to the UK Exchequer or Birmingham taxpayers.

On the points raised by the noble Lord, Lord Addington, on local authority funding for future sporting events, the Government and UK Sport regularly engage with local and regional authorities when it comes to bidding for and staging major sports events. This is clearly successful. Most recently, the UK hosted the 2017 World Athletics Championships, the 2019 Netball and Cricket World Cups, and the UCI Road World Cycling Championships, to name but a few, with a strong pipeline of events in coming years. Local authorities have a range of revenue-raising and fundraising powers to support them meeting the financial contributions associated with such events; for example, through local taxes, such as precepts and business rates. Local or regional authorities may have particular views on how best they can raise funds for such events; I know that the Chancellor keeps the tax system under review and would always welcome representations for improving it. The Government will of course continue to work closely with local authorities to support them in bidding for and successfully staging major sporting events, building on our fantastic track record in hosting such events.

Amendments 19 and 20 seek to bring forward the first period on which the organising committee is required to report, and for these reports to be produced every six months rather than annually. I absolutely understand the desire of the House to be given adequate and timely opportunities, as the noble Lord, Lord Foster, explained, to scrutinise the organising committee’s preparations and delivery of the Games. To allay such concerns, I want to be clear that the end of the first reporting period in the Bill, regardless of the date, will certainly not be the first opportunity this House will have to scrutinise the organising committee’s delivery of the Games.

--- Later in debate ---

[Lord Foster of Bath]

Before the Minister sits down, the one issue that she really has not addressed is the nature of the underwriting agreement between the Government and Birmingham City Council. Could she dwell on that and in particular answer the question asked by the noble Lord, Lord Hunt: who is the funder of last resort in the event that things go wrong?

[Baroness Barran]

I fear that I may be repeating what has been said in previous debates, but as part of the hosting requirements for the Games the Government have committed to underwriting the cost of the organisation and delivery of the 11 days of sport. There is a very detailed set of scrutiny arrangements for that and arrangements for contingencies and other elements.

[Lord Foster of Bath]

My Lords, I thank all noble Lords who have contributed to the debate. I join many of them in expressing my own excitement about the forthcoming Games. I put on record my praise for the organising committee and the work it is doing, particularly, as the Minister has said, the way in which it has been reaching out to parliamentarians to ensure that we have been thoroughly briefed about a whole range of issues.

I thank the Minister for the careful way in which she has answered many of the questions that have been asked. I know that a number of them remain somewhat unanswered, including those asked by my noble friend Lord Shipley about some of the additional costs that will be incurred by Birmingham City Council that are perhaps not directly associated with the organising and running of the Games but which will impact upon the city and the surrounding area. Nevertheless, I am grateful for her explanation of the status of the organising committee as an NDPB and therefore the management agreement that it has, and the need to have annual reports, and, indeed, her pointing out that there will be more frequent reports on a range of individual issues; she referred to access and legacy, two issues to which we will no doubt be returning.

With those remarks, and conscious that we have all said we want to give the Bill a speedy passage, I beg leave to withdraw the amendment.

--- Later in debate ---

[Lord Snape]

My Lords, it is a pleasure to speak to this group of amendments, tabled by the noble Lord, Lord Moynihan. He has a distinguished record both as an athlete and as a Minister. Support for his previous careers is shared by both sides of this Committee. I share his appreciation of the fact that this compromise has been arrived at. There was considerable tension between the athletes of our two countries before the participation of Chandigarh was confirmed. I am sure I speak for all from Birmingham and the surrounding area when I say how pleased I am that that tension can now be eased, and co-operation is going to take place.

Like the noble Lord, I am a bit confused by these arrangements, but my understanding is slightly different from his. I understand that there will be two separate medal tables. As the events are being held some time apart, I presume that the Chandigarh medals will be published first, although the noble Lord appears to think that might not be the case. Perhaps the Minister can clarify when the medal table for the events that take place overseas will be published. I understand that, contrary to the opinion of the noble Lord, Lord Moynihan, the medal tables for the events are to be kept separate, regardless of the fact that Chandigarh is being seen as part of the Commonwealth Games. I am not sure why that is, but I am sure that the Minister will tell the Committee when she comes to reply.

On a personal note, relating to the noble Baroness, I was looking through a list of Ministers and their remuneration in the Times over the weekend and found, to my astonishment, that the noble Baroness is one of the few Ministers who is working for nothing. She does not get a salary at all. The noble Lord, Lord Moynihan, has put a series of challenging questions to her, and she should be adequately recompensed if she finds the answers. Speaking for both sides of the House—I hope I can get the noble Lord, Lord Moynihan, on board—we should start a crowdfunding appeal on her behalf. I am not sure whether her exclusion from the salaried ranks constitutes some sort of sex discrimination. I am sure it would not be tolerated in most other industries. On this side of the Committee—I speak personally, but I am sure I take my noble friends with me—we would be delighted to assist and do anything to combat the apparent injustice.

[Baroness Barran]

I thank the noble Lord, Lord Snape, for his generosity and concern about my financial position. I also thank the noble Lord, Lord Foster, and my noble friend Lord Moynihan for the amendments in this group relating to the shooting and archery championships being hosted by India in 2022. The Government clearly welcome the confirmation, in December, from the Indian Olympic Association that India will be taking part in Birmingham 2022. I share the Committee’s satisfaction that a championship event will give shooters and archers from around the Commonwealth the opportunity to compete at the highest level, but I note the concerns about the cost implications of two venues, raised by the noble Baroness, Lady Grey-Thompson.

--- Later in debate ---

[Lord Hunt of Kings Heath]

My Lords, I understand how we have got to this position, and I sympathise with the organisers, but since the media will obviously combine them together immediately, is it possible for us to go back and gently say: “Do they not need to think about this again?”

[Baroness Barran]

I am happy to explore that, but my understanding is that that decision has been taken. Perhaps we need to see how it plays out in the event that the model is adopted in future.

[Lord Moynihan]

I am very grateful to my noble friend, because I know that this is not an easy wicket on which to be batting. Dame Louise Martin, president of the Commonwealth Games Federation, stated last night in a letter to a number of your Lordships that the Commonwealth Games Federation executive board agreed a resolution that,

“One week following the Closing Ceremony of the Birmingham 2022 Commonwealth Games, the CGF shall issue a medal table that includes results from the Chandigarh 2022Commonwealth Archery and Shooting Championships, as a further and final legitimate ranking of competing nations and territories from the respective competitions.”


It is very clear that both will be brought together, and therefore nobody in the world of sport will separate them. I appreciate that this will not be resolved this evening.

The suggestion made by the noble Lord, Lord Hunt, is an excellent one, as is the suggestion made by the noble Baroness, Lady Grey-Thompson, that if we are going to have this, it is wise to reflect on the best way of presenting it, and indeed co-operating in areas where co-operation would be beneficial to the future of the Commonwealth Games.

[Baroness Barran]

My noble friend makes a very fair point, and I am sure that the Commonwealth Games Federation has given enormous consideration to these matters and will continue to reflect on them.

I turn to the amendments in this group. As noble Lords will be aware, the current proposal was announced by the Commonwealth Games Federation only yesterday and was obviously very timely, given the keen interest of a number of your Lordships in this Chamber to see the championship event funded and delivered in Chandigarh by the Indian Olympic Committee and the Government of India. I reiterate what I said in the earlier group that there is no financial operational responsibility sitting with the Birmingham 2022 Organising Committee. As this will be organised and funded as a separate event, the organising committee will not be in a position to report on the progress of delivery of the shooting and archery championships, as called for by my noble friend’s amendments. As such, and to address the amendment in the name of the noble Lord, Lord Foster, the measures in this Bill apply only to events forming part of the Birmingham 2022 Games or any other event arranged by, or on behalf of, the Birmingham 2022 Organising Committee. I do, however, note the intention behind the amendments and fully support the steps taken by the Birmingham 2022 Organising Committee to ensure that social values are a key consideration from delivery through to legacy.

In particular, I welcome, together with all noble Lords, the development of the Social Values Charter, which embodies the values of the Commonwealth sports movement and the Transformation 2022 agenda. I agree that the central focus on social values is greatly welcomed and provides another fantastic example to the organisers of other and future events. This has already been touched on this evening. Accordingly, we hope that the Social Values Charter will be a legacy for future Games and ask that the Commonwealth Games Federation considers how the ground-breaking work undertaken by Birmingham 2022 can become a normal convention.

The Commonwealth Games Federation’s Transformation 2022 strategy is clear about how the Commonwealth sports movement places human rights, governance and sport for social change at the heart of its new vision and, indeed, it has already confirmed that, like its host city arrangements for other events, Chandigarh 2022 will be expected and contracted to uphold the highest standards in this regard. Given the clear separation between the two events, but not taking away from the important work that Birmingham 2022 is doing to promote social values, I ask that the noble Lords withdraw their amendments.

[Lord Foster of Bath]

My Lords, I thank the disgracefully unpaid Minister for her very careful reflection on the comments made by other noble Lords, not least the noble Lord, Lord Moynihan. If the noble Lord, Lord Snape, is to introduce his crowdfunding scheme, I will certainly commit to sharing the website address with Liberal Democrat colleagues.

The most welcome thing that the Minister spoke about was her willingness to continue discussions with the Commonwealth Games Federation on this issue. I come at this from a slightly different position, which was raised by other noble Lords. I reflect very carefully on what the noble Baroness, Lady Grey-Thompson, said about the importance of putting athletes very much in our thinking as we prepare any of these things. It seems somewhat strange that people who compete in the Birmingham 2022 Games will be awarded a Commonwealth Games medal, whereas those who compete in Chandigarh in archery and shooting are to be given a Commonwealth sports medal. One wonders whether there will be some view about the status of those not being exactly the same. Indeed, if they are not, the question has to be asked: why are they being put together in a single medal table? When the Minister continues deliberations with the Commonwealth Games Federation, I hope that sort of thinking will be uppermost in her mind. How will the athletes feel about the arrangement that is currently proposed?

However, I recognise entirely that what the Minister said is that all the amendments in this group are now otiose. They are not relevant to this Bill because what is going to happen in India is a totally separate event. On that basis, I beg leave to withdraw the amendment.

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[Lord Griffiths of Burry Port (Lab)]

My Lords, I take part in these proceedings for the first time. I have held a self-abstaining ordinance in previous discussions, since every point I might have made has been made and the Minister has paid proper heed to those points. Just as we have very properly talked about the athletes and their experience, this amendment focuses on those who undertake work to make these Games possible in an organisational and in a fuller sense. I add my voice, however, to those who have already expressed approval and affirmation of the way members of the organising committee of the Birmingham Games have reached out to us. We have got to know them quite well, in fact: they have made it their business to come.

I know from discussions earlier today that there are going to be quite intricate discussions between Members in the other place and people in Birmingham, as well as those who come to reach out to us. The interactions between those organising the Games and this Parliament seem to be excellent and I am grateful for that. The other day I met, for example, someone who has been appointed to look into the whole question of accessibility. We will get a report on that, and in conversation with her I heard some very imaginative and sensible ways of dealing with the points that have been raised in previous debates on that question.

My amendment comes to the question of pay. I have had opportunities to talk with officials on this question, too. It seems only sensible that as we have given our very careful attention to many aspects of the Games that should be honoured—sustainability, accessibility, proper community development, legacy and all the rest—so there should be a high ethical stance and colour to these Games. Therefore, it seems appropriate to ask about the wages of those who undertake labour. We should remember that nearly all of them will be local people; many will be apprentices and so on. There is a very fine programme of employment being rolled out to achieve these objectives and these people should be paid properly. This amendment simply identifies the living wage as the meaning of “properly”.

Members of the organising committee have told me that they will undertake, as employers, to fulfil this obligation, but the arm’s-length bodies that will be competing for pieces of work will have their own standards. It will be a question in the minds of the organising committee as they interview these potential customers or clients—those who deliver services—and the wage they set will be part of the interviewing discussions they have. I think this is fairly uncomplicated. I do not think we need to put it on a par with a hotel levy to raise money, in terms of the complications it might raise, but it might be a very simple and direct thing for us to incorporate in our discussions a commitment to seek to achieve this. That will then allow us, with the members of the organising committee, to have appropriate conversations.

[Baroness Barran]

My Lords, Amendments 4 and 18 seek to ensure that all staff employed directly by the organising committee and those employed by organisations awarded contracts to deliver the Games are paid the Living Wage Foundation’s recommended rates. As the noble Lord, Lord Griffiths, set out, all staff employed by the organising committee already earn in excess of the voluntary living wage. Of course, all suppliers will be required to pay the Government’s national living wage, which I am pleased to say is set to receive a big cash increase, rising by 6.2% from 1 April this year. The Government also plan to expand the reach of the national living wage. It currently applies to workers over 25, but it will apply to workers aged 23 and over from April 2021 and to those aged 21 and over within five years.

I think the spirit of the noble Lord’s amendment is that we should be ambitious about the opportunities we offer those who offer their labour as part of delivering the Games. I hope I can reassure him that we are doing that, not only through their wages but through wider approaches. We continue to develop plans to maximise employment, training and volunteering opportunities to ensure really lasting benefits for those living and working in the region. In particular, the organising committee is promoting opportunities for local and regional businesses and voluntary, community and social enterprises to ensure that they can bid for contracts as part of the £300 million procurement spend. When I visited the Sandwell Aquatics Centre I saw some of that happening in practice.

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[Lord Addington]

Just to be clear, the noble Lord has made a point that is so reasonable that I do not think anyone could disagree with it. Is it expected that subcontractors, et cetera, will meet the living wage? Is it a normal thing that will be expected of anyone who gets a contract? I think that is the essence of it.

[Baroness Barran]

Obviously, legally everyone has to meet the national living wage. The Living Wage Foundation’s voluntary living wage will be one of a number of metrics that will be taken into account in delivering on social value, such as, as I mentioned, skills opportunities including people who are further from the labour force. It is a mix, in terms of social aspiration, rather than one single metric.

[Lord Griffiths of Burry Port]

I believe that the conversations that the organising committee has as it deals with potential suppliers will put that point in the hope of achieving those results. However, the organising committee is not in a position to give a guarantee on that until it has gone through the process. From the good book that I know so well, I believe that the Minister has gone the second mile, and from the context from which I speak I can only say amen to that, and I beg leave to withdraw the amendment.

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[Lord Griffiths of Burry Port]

My Lords, I do not want to say very much—honestly, I do not—but I have grown increasingly impatient with myself as this debate has continued. We need a full-scale debate, rather than one under the rigours of debating a Bill, about why and how the legacy of the Olympic Games did not deliver the ideals that have been mentioned, and why, despite the fine words, the legacy from these Games is just as likely not to be delivered. This involves far more than somebody putting a clause in a Bill. I put a great deal of effort into the two inner-city schools that I have some responsibility for. People can use their facilities any time they like—because we have not got any.

[Baroness Barran]

My Lords, my noble friend Lord Moynihan’s Amendment 6, and Amendment 7 in the name of the noble Baroness, Lady Grey-Thompson, consider the sporting legacy of the Games. I thank them for highlighting the importance of Birmingham 2022’s legacy. I know that they have also taken a keen interest in other areas of Games delivery—my noble friend in the development of the organising committee’s Social Values Charter and the noble Baroness in the organising committee’s accessibility work. I thank them for that.

It is right that legacy and realising the very real benefits of hosting major events, such as the Commonwealth Games, are areas closely scrutinised by Members of your Lordships’ House. As we have discussed, the Games will bring economic growth, through new jobs and business opportunities, accelerate regeneration through infrastructure projects and create new ways for more people to get involved in culture and volunteering in their local community. In particular, I share the enthusiasm of this House for maximising the opportunity that the Games present to promote sport and encourage people to become more physically active. Our plans to promote physical activity will include maximising the impact of the new sporting facilities being delivered for the Games, as well as existing facilities.

The new facilities will include: the redevelopment of athletics facilities at Alexander Stadium, to increase permanently the number of seats from 12,000 to 18,000 post-Games; the creation of a brand new aquatics centre in Sandwell which, in legacy, will provide a 50-metre Olympic-sized swimming pool, a 25-metre diving pool and 1,000 spectator seats for community use; and the addition of new cycle lanes across the city. As my noble friend Lord Moynihan pointed out, the Government have an important role in catalysing the impact of these new facilities. We are therefore working with all the Games’ delivery partners and local stakeholders in the region to develop programmes that will harness the power of the Games to promote sport and physical activity. For example, the Department for Education recently announced £20,000 of funding in Birmingham to encourage more young people to become volunteers and coaches in sports clubs and the local community in the run-up to the Games. This will provide a boost for Birmingham and develop a pipeline youth volunteer workforce ahead of the Games. We will also draw on the evidence from Sport England’s £10 million local delivery pilot investment to promote physical activity among hard-to-reach groups in Birmingham and Solihull.

To respond to the points raised by the noble Baroness, Lady Grey-Thompson, we are working with schools across the region to ensure children and young people are able to access all the opportunities to get involved in physical activity that the Games will create. As well as making the most of the new facilities developed as a result of the Games, we will look at how we can make better use of existing facilities. Sport England is already working with the Active Partnerships network to open up school facilities outside school hours, following a £1.6 million funding boost to help schools make better use of their sporting assets. We will continue to work with the network to explore ways in which school facilities can play a part in the physical activity legacy of the Games.

I am aware that a number of the points made by the noble Baroness are broader than simply the potential of the Games, which are a hotspot for focusing on that. However, a lot of work is going on in the department on investment in grass-roots football and a wide range of youth activities. I am more than happy to meet the noble Baroness, if that would be helpful, to discuss how we can use our combined wits to try to make the best of that issue.

A commitment to publishing a legacy plan was given during passage of the Bill in the previous Parliament and I am pleased that we are making good progress on that, with the development of the evaluation framework under way, including learning lessons from previous Games such as London 2012 and Glasgow 2014. As we develop the plan, and in recognition of their experience in this area, I would welcome the insights of my noble friend and the noble Baroness regarding physical activity and sport. I will also ensure that a copy of the plan is placed in the Libraries of both Houses. The noble Lord, Lord Foster, asked how the reporting on the plan would take place. That is being done as a partnership. It is a work in progress but I shall make sure that the House is kept updated on it.

The Games partnership is keen on draw on a broad range of insight. Noble Lords touched on this at Second Reading; the Committee may be interested to know that the organising committee recently appointed five influential community leaders to the legacy and benefits committee, a cross-partner group set up to ensure that the city, region and country maximise the benefits of the Games. The new members bring expertise drawn from a range of diverse backgrounds. For example, one of them is the founder of the Beatfreeks collective, which works with creative young people in Birmingham to have a positive impact in the city. She is joined by others with experience based in sport, education and skills, accessibility and the arts. The noble Baroness, Lady Blower, highlighted the considerable task ahead of us to achieve this change, but we are working hard to bring the right people in to help lead on this work.

I turn to Amendment 10 in the name of the noble Lord, Lord Addington. I am sure that other noble Lords will congratulate him on his participation, not just in interparliamentary rugby but the tug of war between your Lordships’ House and the other place. His amendment would require the Government to lay a report before Parliament on lessons learned from Birmingham 2022 and how lessons have been learned from previous events. With regard to previous Games, the Commonwealth Games Federation orchestrates the formal exchange of information between previous and future hosts to understand successes, lessons learned and areas for improvement. Lessons for Birmingham 2022 have also been taken on board from London 2012 and Glasgow 2014. Not only are there practical lessons from their approach to delivery; we are also learning from the inspirational way in which those events harnessed the community spirit of their host cities.

I turn to the lasting impact of Birmingham 2022. We have been clear that we want the positive effects of the Games to be lasting for Birmingham and, more widely, for the West Midlands. Hosting the Games is already accelerating infrastructure and public transport improvements across the city and region. In addition to the new sports facilities, the Games will act as a catalyst for new housing in Perry Barr—although I hear the concerns raised by the noble Baroness, Lady Brinton—and improvements to University and Perry Barr railway stations, not to mention the infamous Kings Heath station.

The long-term ambitions for the Games are to improve health and well-being, bring people together, be a catalyst for change, put us on the map and help the region to grow and succeed. We are carefully considering how this story is told once the Games end, while working with partners to look at how best to measure and report on the impact of the Games, including the impact on the local community. We will keep this House updated. We are committed to taking forward any lessons learned from the Games into planning for future major sporting events, and confident that effective plans are in place for doing so, which is why such a provision is not required in the Bill.

I hope that noble Lords are reassured that plans are in train to deliver, learn from and report on the benefits that come from hosting the Games. In view of that, I hope that the noble Baroness and my noble friend will be happy to withdraw their amendments.

Amendment 7 (to Amendment 6) withdrawn.

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[Baroness Grey-Thompson]

My Lords, I should probably apologise to your Lordships because all my favourite subjects are wrapped up in these two amendments. I shall try to be brief, which is something that noble Lords never want to hear at this time of the evening. I thank the noble Lord, Lord Moynihan, for introducing his amendment in such a positive way. I also thank the organising committee, which has been very generous with its time. There are a few areas that I would like to cover.

Quite rightly, we talk about the athletes’ village and transportation but I am not aware that we have talked about moving athletes’ sports equipment around, from the village to the training venue or wherever. Usually there is storage at the competition venue but these pieces of equipment are really expensive—between £5,000 and £20,000. An athlete’s desire to be separated from their equipment is usually very low. When I competed back in 2004, I tried to explain to somebody why I did not want my racing chair to be thrown on to a separate bus. I said that I would rather my two year-old child was sent on a separate bus, but then I realised that I sounded like a slightly harsh mother.

Most athletes will have only one piece of equipment and it is not easy to obtain. There will be a repair centre in the village, but it is far easier not to have to repair equipment in the first place. This is about training the volunteers and understanding the value not just of the sports equipment but of an athlete’s day chair. If you transfer to a seat in a bus, you do not want your day chair to disappear, as it may never come back again. Of course, disabled people are not just athletes, and I hope that the volunteer programme will do as much as the 2012 Games and Glasgow Commonwealth Games in encouraging disabled people to volunteer.

I am also very keen to think about what we can do for spectators. For example, I am thinking of flexible seating. I was offered quite a lot of reassurance about the purchase of accessible tickets, and that will be done in a very sensible way. Disabled people often have to apply on a separate phone line and often, only a limited number of tickets are available.

For me, one huge success of the 2012 Games was their flexibility. Whether people had bought a disabled ticked, an end-of-row ticket or a ticket for a seat with more leg room, when they turned up at the venues, they found that the volunteers were exceptionally well trained to think about how to make the most of the situation. The experience of a spectator is not just about watching the sport; it is about being part of a group of people—part of the crowd and the environment. As a disabled person, you rarely experience that. I was trying to think how to describe it. It is a little like being a Cross-Bencher or a wheelchair user in this area of the Chamber when the House is packed. You miss everyone around you—those little conversations that you can have with the people in front of you or behind you. It can be quite isolating, and that is the experience of the majority of disabled people when they go to concerts or sports events. It is them and their carer—a word that I do not particularly like. Often, it is just the wheelchair user plus one.

I shall tell your Lordships about my worst experience. Again, I am not a terrible mother but I took my child to a concert when she was two years old. It was explained to me that, as she was not my carer, she was not allowed to sit with me. They tried to make her sit 25 rows in front of me until I pointed out that they were responsible for her safety—and then they suddenly allowed her to sit with me. That is an example of rules and red tape, and of just not thinking.

The best situation that I have witnessed was at the 2012 Games. Plastic seats were found and a group of us who happened to be wheelchair users and had travelled together were able to sit together and enjoy the experience. I hope that Birmingham will be able to offer that sort of flexibility, understanding people’s needs and not saying, “You haven’t got the right ticket. You can’t come in”.

One of my favourite topics is toilets. I would love there to be appropriate toilets and lots of Changing Places toilets. I have been assured that that is being looked at very carefully. If the RADAR scheme is to be used, I have spare RADAR keys—the keys for disabled people. If you come from another country, you may not know that that scheme exists, but it is important.

Moving on to transport, the noble Lord, Lord Snape, lived up to expectations. I hope that in future I will be able to refer to him as “my friend in accessible train transport” or “my friend who finds solutions for train stations”. I share many of his concerns about New Street station. I declare that I am part of a group called the Campaign for Level Boarding. It is not strictly part of the Bill but we are looking at how to make it better and easier for disabled people to travel. I am delighted that the Secretary of State today launched a campaign called It’s Everyone’s Journey, which is a step forward in looking at access. However, the reality is that what we have talked about today is only a small fraction of what is needed to make stations, including New Street, more accessible. I will be writing to the Secretary of State later.

We need to think more about how the Access for All fund can be improved. As a disabled person, the reality for me is that I am only likely to be able to have truly accessible transport in the UK in 2075 and, although I hope to be, I warrant that I will probably not be around then. For me, part of the Commonwealth Games is thinking differently about how disabled people travel. When we get to the Games, lots of people will be travelling and New Street station will be a gateway. We need to think about how to get people out of the station quickly and how it can be used as a queueing system. I agree that the signposting around New Street is really difficult. When I lived in Birmingham, it was the old New Street station. I slightly prefer the new one.

Also, I did not realise that there were two taxi ranks at the station—I thought that there was only one. I find it an incredibly station difficult to navigate. I spoke to some colleagues from the Campaign for Level Boarding to get their experience of New Street. Dr Amy Kavanagh, an activist, praised the staff. Amy is vision-impaired and said that the staff there are superb. They are really helpful and adaptable and are an exemplar of staff across the network. Doug Paulley, a renowned campaigner, also praised the staff, but said about New Street that it is,

“narrow and curved. The underground tracks make it very difficult to find. The shopping centres and exits are hideously complicated, and it’s a huge distraction from what it’s meant to be: a railway station”.

He also described it as “Mordor”, which is an interesting view, but it shows his frustration at how difficult it is to get around.

Solutions are required. We need better signage. The signage in 2012, with spots on the floor, was really useful and we should think about that. Regarding the two taxi ranks, we should think about platforms or humps to enable people to get in and out of taxis more easily. Currently, the accessible toilets are on the wrong side of the ticket barrier. They can be used only when you have gone through the ticket barrier, so they need to be repositioned to the outside.

We need to be really creative in how we train and prepare people. The whole experience of being at the Commonwealth Games comes back to what I said at the beginning. It is not just about when you get to the Games venue; the experience starts when you leave home —the excitement and the fact that you have tickets and are going to the Games. Every step along the way is a very important part of that. In 2012, that is what TfL got right. For the vast majority of the time, it got the public transport right, and that is one reason why people have such fond memories of the Games. If we can take a bit of that magic fairy dust and move it to the Birmingham Games, it will mean that people go away having had a really positive experience. If we can sort out a few of the issues at New Street, we will have a better chance of making the Games a success.

[Baroness Barran]

I thank my noble friend Lord Moynihan for raising the important issue of accessibility through Amendment 8 and for his very helpful analysis of all the different issues involved. He gave the example of Japan and explained how focusing on accessibility and getting that right can improve the broad experience of the Games.

I know that the organising committee recently engaged with a number of noble Lords on its approach to accessibility, including the noble Baronesses, Lady Brinton and Lady Grey-Thompson, the noble Lords, Lord Griffiths, Lord Hunt and Lord Snape, and my noble friend Lord Holmes. It is extraordinary to listen to the expertise that noble Lords share on these different issues, and I am sure that I speak on behalf of the organising committee in being grateful to them for sharing that expertise.

The aim for Birmingham 2022 is that all venues and the services around them are designed, operated and delivered to ensure that everyone has a great Games experience. That is why Birmingham 2022 is developing an accessibility strategy with spectators, athletes, media, the local workforce and volunteers in mind. The strategy will be published this spring. I am sure that noble Lords will take the opportunity to provide feedback to the organising committee on all aspects.

I understand that a number of noble Lords have spoken to the organising committee since Second Reading about the approach to accessibility. I thank the noble Baroness, Lady Brinton, for her feedback on that. I hope that that helped to address some of the questions raised, including around New Street station signage and accessible seating.

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[Baroness Grey-Thompson]

My Lords, I briefly thought about whether disability should be added to the list but, after the noble Lord, Lord Moynihan, presented Amendment 8 so eloquently, I am much happier with that.

The noble Lord’s amendment is really important. Given that homosexuality is illegal in 37 of the 53 Commonwealth countries, it is clear there is still a very long way to go in ensuring people’s human rights. This amendment brought to my attention the fact that a lot of disabled athletes who are part of the Commonwealth Games teams are treated far less favourably than their non-disabled counterparts. This goes down to the provision of kit. A number of Commonwealth countries do not provide their disabled athletes with appropriate competition kit or tracksuits. There is a charity called Kit Us Out, run by Alex Mitchell, which has provided several thousand pieces of sports equipment and kit to disabled athletes competing at both the Commonwealth Games and the Paralympic Games. At the previous Commonwealth Games, he also provided 12 wheelchairs for athletes who did not have them, making their lives significantly easier.

Due to the late hour, I shall write to all Members of the Committee and connect with the Minister’s department. This is something that is worth pursuing—making sure that we send out the right message to disabled athletes who will be competing in this country.

[Baroness Barran]

My Lords, as we have heard, Amendment 9 requires the Secretary of State to direct Birmingham 2022 to prepare a charter for the Games. I thank my noble friend for his amendment and, in so doing, welcome the great progress that has been made to ensure that such issues are at the forefront of Games delivery—not least, it must be said, because of the important role of this House and of my noble friend in exercising scrutiny of this Bill and the Games.

In October 2019, the organising committee published the Birmingham 2022 Social Values Charter, which focuses on five key areas: sustainability, health and well-being, inclusivity, human rights, and local benefit. The charter will be a living document. Birmingham 2022 is committed to reporting on its progress through planned quarterly updates. Of course, the organising committee is further required by the Bill to report on what it has done to ensure that its delivery of the Games promotes the values of the Commonwealth Games Federation, which is intended to capture the content of the charter. That was the key point made by my noble friend: words on the page are not enough; we need to see things implemented in reality.

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[Lord Moynihan]

My Lords, Amendment 21 covers the subject of touting. We have discussed at earlier stages the abuse of the secondary market and the importance of this as a criminal offence. My principle concern in tabling this amendment is to encourage the Government to commit to recognising that the issue is not so much one of abuse of the secondary market but the lack of enforcement powers. It is vital that those enforcement powers are made available. In the interests of time, I will discuss the subject with my colleagues in another place who, I know, are interested in tabling amendments to that effect. I hope that my noble friend the Minister will be able to say something about the importance of enforcement. There is real concern that those powers are not available at present.

The additional amendments, Amendments 22 to 27 —and a ghost amendment, potentially Amendment 28, which appeared suddenly overnight but was never tabled—all relate to questions about advertising. I tabled these amendments because the Advertising Association, with which I am in agreement, has expressed concern that the current clause on the timing of the vicinity restrictions is too open to interpretation, creating significant uncertainty for many businesses large and small, as well as for outdoor media owners with billboards near the event venues.

As currently drafted, Clause 13(3) requires the vicinity advertising restrictions to come into effect from

“the beginning of the period of 21 days ending immediately before the day on which the Games begin, and … end no later than the end of the period of 5 days beginning with the day after the day on which the Games end.”

I recognise the need to ensure that event venues and the vicinity around them are kept clean from advertising during the event itself, but the clause currently gives scope for the advertising ban to extend for nearly a month and possibly across a wide area of England, which the sporting events will be spread over, with sporting venues in Birmingham, Staffordshire and Leamington Spa, and the velodrome in London. This is surely unnecessary and goes against the stated aim, which is to limit advertising in the immediate vicinity of the event for the period when the event takes place.

The amendment tabled would limit the advertising ban to the locality around each event and put in place reasonable time limits, starting the day before the event takes place and finishing the day after. The amendment also takes account of the possibility of multiple events at the location. I appreciate that planning for the event locations is still ongoing; the amendment does not impede that process, but provides a more proportionate and balanced approach to the vicinity restrictions. Given that the Secretary of State will not publish the implementing regulations until after the Bill has received Royal Assent, I believe this amendment is essential to give businesses up and down the country appropriate clarity.

The amendment takes the same approach as for the UEFA European Championships in Scotland, where regulations governing the trading and advertising arrangements have already been published for consultation by the Scottish Government. These state that if one venue hosted a single event that lasted only a day, the restrictions could apply for as little as a day before the event takes place and the day after. There is a strong case to align with this. Amendment 24 covers much the same issues for the trading offence, for the same reasons as I have outlined regarding Amendment 22 on the advertising offence. There is a direct read-across to that.

I tabled Amendments 25 and 26 to Clause 18 because, as noble Lords will be aware, the two must be read together. The Government accept the case for a statutory exemption for the sale and distribution of news media—newspapers and magazines. As I will argue, this requires both these amendments to Clause 18, given that Clause 18(1) is a summary of the exemptions set out in more detail by the subsequent subsections. Amendment 26 would provide a statutory trading exemption for the selling and distribution of news media, including newspapers and magazines whether online or print versions, along with the other trading exemptions. This amendment would create a further subsection, Clause 18(7).

At Second Reading, other noble Lords and I raised the need for the Government to confirm continued consultation on, and then the provision of, statutory exceptions to enable normal newspaper publication and distribution during the Games, as sought by the News Media Association. The Government, in reply, welcomed the engagement of the association on the development of the Bill, which places on the Secretary of State a duty to consult specific people before making the exceptions regulations for advertising and trading. The Government then helpfully stated that they were keen to continue working with the News Media Association and others as work on potential exceptions develops. The NMA has welcomed the constructive response of the Government. It stresses the importance of the enactment of robust, comprehensive newspaper exceptions to both the advertising and trading offences, which will be created by the Bill, and that these protections must be no less than the newspaper protections provided by such exceptions regulations for past Games and similar events.

My amendment also includes the sale and distribution of magazines. Such statutory exceptions are necessary, simply to enable the normal, lawful, unimpeded sale, distribution and provision of newspapers and magazines, including their usual editorial and advertising content, to their readers—surely something on which we all agree.

The final amendment covers scrutiny in this House. Noble Lords will recall that this was raised as an issue at Second Reading. It is important to have public scrutiny of the implementation of these restrictions to ensure they are workable for businesses that would be affected and are proportionate in their application, because the Secretary of State is not obliged, under the Bill, to publish the implementing regulations until Royal Assent, which reduces the opportunity for public scrutiny.

I commend all these amendments, which require a similar level of scrutiny. I have put them on record because a great deal of work has been done by interested parties, behind the scenes and outside the House. I hope they will be considered carefully by the Minister and in another place. I beg to move.

[Baroness Barran]

My Lords, the amendments tabled by my noble friend Lord Moynihan on advertising and trading restrictions seek to provide that news media would be excepted from the advertising and trading offences, to limit the period in which the restrictions could be in place in the vicinity of Games locations, and to apply the affirmative procedure to the regulations setting out when and where the restrictions apply. The ticketing amendment seeks to change the powers that can be used by the police for enforcement of the ticketing offence.

On Amendment 21, we recognise the importance of effective enforcement of all the Bill’s provisions, including those prohibiting the unauthorised sale of Games tickets. The enforcement provisions in the Bill have precedent, and have been informed by the experience of the Glasgow 2014 Commonwealth Games and the London 2012 Olympic and Paralympic Games. It is important to note that the Bill provides for ticket touting, advertising and trading offences to be enforced primarily by trading standards, as authorised by local weights and measures authorities. Nevertheless, the police may be asked to support trading standards carry out some enforcement activity, where this is operationally necessary, and we are working with the organising committee, local authorities and West Midlands Police to develop a co-ordinated approach to enforcing the Bill’s provisions.

I reassure my noble friend that this amendment is not needed to address an enforcement gap. Tickets can already be seized by trading standards under the Bill. Enforcement officers already have a suite of investigatory powers available to them through Schedule 5 to the Consumer Rights Act 2015, including the power to search and seize documents. We need to ensure that enforcement of this provision is proportionate. We should bear in mind that the provision is primarily intended as a deterrent. It would be disproportionate to add Games tickets to the list of prohibited articles, as this is intended to cover offensive weapons, and items intended to cause harm or to assist in acts of burglary or theft.

Finally, we believe that this amendment perhaps does not reflect the changing landscape of ticket touting. It concerns the enforcement of the ticketing provision against touts outside venues—thankfully a diminishing feature of the secondary ticketing market—rather than those operating through online ticket resale platforms, where potential breaches of the offence are perhaps more likely to take place. Importantly, as the Bill stands, the ticketing provision addresses the enforcement of the touting provision wherever it takes place. For these reasons, I ask my noble friend to withdraw Amendment 21.

On Amendments 22 to 27 on advertising and trading offences, we should remember that these offences have been brought forward to ensure that trading does not obstruct easy movement in the vicinity of Games locations and to provide a consistent approach at each venue. My noble friend Lord Moynihan also seeks to apply the draft affirmative procedure to the advertising and trading regulations, setting out when and where the restrictions will apply.

I mention here my thanks to the Delegated Powers and Regulatory Reform Committee for its report on the Bill. The committee recommended that these regulation-making powers be made affirmative. I intend to respond to this report shortly and will ensure that a copy of that response is made available in the Libraries of both Houses. However, I am not persuaded that such an amendment is necessary.

The Government are of the view, given the temporary nature of the offences and the proportionate approach to the offences set out in the Bill, that the negative procedure is appropriate. However, I reiterate and provide the reassurance that it is not the Government’s intention to place a blanket advertising ban or outdoor trading ban across Birmingham or the West Midlands. All Games partners are committed to engaging with those affected; indeed, business engagement across the city and region is already under way.

My noble friend Lord Moynihan has sought to include in the Bill that the restrictions provided in the vicinity of a Games location are time-limited, so that they begin no earlier than the day before the first event at a location and end no later than the day after the final event at a location. I remind the House of the remarks made by my noble friend Lord Ashton on Report of this Bill in the previous Parliament. He confirmed that the intention is in most cases for a facility to

“extend a few hundred metres beyond a Games location.”—[Official Report, 24/7/19; col. 790.]

However, it is important that we maintain operational flexibility with these restrictions, to protect the vicinity of Games locations from unauthorised advertising and trading. Such areas within the vicinity of Games locations may be affected only for a number of days—for example, in the immediate run-up to the Games—but as a consequence of this amendment they could not be protected from ambush marketing for the duration of that period. However, I want to provide reassurance that these restrictions will be proportionate and temporary, lasting a maximum of 38 days, and potentially far fewer in many cases. It will be driven by when and how Games locations are used; some may be in use only for a very few days. Because we are seeking to underline that commitment to proportionality, the Bill includes a small number of exceptions and a power to provide further exceptions in the regulations.

Birmingham Commonwealth Games Bill [HL]

Baroness Barran Excerpts

3rd reading & 3rd reading (Hansard) & 3rd reading (Hansard): House of Lords
Wednesday 4th March 2020 Lords Chamber

[Lord Addington (LD)]

My Lords, I thank the Minister and her predecessor, who have gone through the rather odd process of having to do most of the work on the Bill twice. We have tried to engage to ensure that people know how this will work, and give them an idea of what to expect from it. The Government, the whole House and the political structure have done a good thing in dealing with something that might not have happened unless Birmingham had taken it on. Durban could not do it, so Birmingham has taken it on, which means that the Commonwealth Games will go ahead. The Commonwealth is an institution that may well become more important in our lives, and it will have its big sporting festival. Sporting festivals are good things; thus endeth the lesson. We have brought something through, and the House has tried to achieve a degree of agreement and consensus on a common aim. I do not know whether we shall manage to go down that path very often, but when we can we should celebrate it, and I thank the Minister and my noble friend Lord Foster, who managed to make sure that we were still represented when I could not be here. I thank them both for their help; I enjoyed working through most of this process.

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Baroness Barran) (Con)]

As we are not allowed to say thank you, it would be remiss of me not to break the rules, along with the noble Lords opposite. I echo the thanks of the noble Lords, Lord Griffiths and Lord Addington, for being so constructive and helpful on the Bill, and I acknowledge the extraordinary expertise of the noble Lords who contributed to our proceedings. I learnt an enormous amount about many things that I never even knew existed, including, obviously, the signage at Birmingham New Street station.