Birmingham Commonwealth Games (Compensation for Enforcement Action) Regulations 2021

Baroness Barran Excerpts

Wednesday 30th June 2021 Grand Committee

Moved by

[Baroness Barran]

That the Grand Committee do consider the Birmingham Commonwealth Games (Compensation for Enforcement Action) Regulations 2021.

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

I beg to move that the Committee approves the Birmingham Commonwealth Games (Compensation for Enforcement Action) Regulations 2021, which were laid in draft before the House on 17 May. With less than 13 months to go until Games time, preparations are ramping up to deliver the Birmingham 2022 Commonwealth Games—the biggest sporting and cultural event ever staged in the West Midlands.

Before turning to the regulations that we are here to debate today, I remind the Committee of the context in which this instrument has been brought forward. Measures in the Birmingham Commonwealth Games Act, which many in this House scrutinised and shaped, include those which restrict the resale of Games tickets and prevent unauthorised advertising and trading in and around specified Games locations. We are working closely with the organising committee and enforcement authorities to ensure a consistent, co-ordinated and proportionate approach to enforcing these elements of the Act.

None the less, as a safeguard in the enforcement framework, the Act provides a person with a right to compensation in the event of property damage arising from unlawful enforcement or the use of unreasonable force in enforcement action. The draft regulations before us today set out the administrative process by which a claim for compensation can be made, considered and appealed. This ensures the process is clear, consistent and proportionate for both potential claimants and the enforcement authorities involved. I will now set out in a little more detail what the regulations contain.

I am sure I do not need to remind noble Lords that the Delegated Powers and Regulatory Reform Committee raised two particular points in its report. I am pleased to be able to provide clarity on these matters today. The first was in relation to the person or body responsible for determining claims for compensation. Where someone believes they have experienced damage to their property as a result of enforcement action being unlawful or unreasonable, they will be able to submit a claim to the local trading standards authority where the damage occurred, or to the Department for the Economy in Northern Ireland. This is known as the relevant authority.

Claimants should submit a claim, in writing, with the necessary information, within 90 days of the end of the Games; this should include the date and location that the enforcement action took place, the nature of any damage and any supporting evidence. Within 14 days of a claim being received, the relevant authority should determine whether it has sufficient information and evidence to make a decision on the claim. If so, it will have 28 days to decide whether the claimant is entitled to compensation and the amount due, and to communicate this outcome, alongside information about how to seek a review.

It is important to note that, under the Games Act, local trading standards authorities are responsible for authorising officers to undertake enforcement in relation to Games offences. This is consistent with the Consumer Rights Act 2015. In the past, such as for London 2012, there was a role for the organising committee in designating enforcement officers, and therefore in considering claims for compensation. However, in tandem with arrangements in the Consumer Rights Act, these regulations provide for claims to be considered by the authority which authorises an enforcement officer—in this instance, a local trading standards authority or the Department for the Economy in Northern Ireland.

It is worth noting that the Act provides that a person is entitled to compensation for the cost of repairing the property that was damaged during the enforcement action, or, if it is not possible to repair it, the cost of replacing it and the amount of any other loss that is the direct result of the damage to the property.

The second point raised by the DPRRC was whether there is to be a right of review or appeal and, if so, to whom the review or appeal may be made and what grounds for appeal would be available. As set out in Regulations 6 and 7, if a claimant is unhappy with a relevant authority’s decision, such as the amount of compensation offered, they will have 14 days to request a review of the decision. The relevant authority will then have a further 14 days to consider this and provide a response. If the claimant remains unsatisfied with the outcome of the review, they will be able to submit an appeal within 21 days to the county court or, in Scotland, to the sheriff. The regulations do not specify or limit the grounds for appeal. The court, or the sheriff in Scotland, will be able to rehear the case and examine both the facts of the case and the law.

As restrictions on advertising and trading can be in place only for a maximum of 38 days, and in most instances a much shorter period, we expect any compensation claims arising from enforcement to be minimal. Indeed, we are not aware of any arising from similar regulations that supported the London 2012 Olympic and Paralympic Games or the Glasgow 2014 Commonwealth Games.

To summarise, these regulations plug a gap in the enforcement framework and provide the necessary clarity around the procedure for compensation claims, including the right to appeal any decision made by an enforcement authority. They are a small but nevertheless important part of the ongoing preparations to deliver a fantastic Games next year—a Games that will showcase Birmingham, the West Midlands and the entire country to the rest of the world as a place to live, work, study and do business. I look forward to continuing to update the House on this. I commend the regulations to the Grand Committee.

--- Later in debate ---

[Baroness Barran (Con)]

My Lords, I thank all members of the Committee for their consideration of the regulations today and their incredibly warm and enthusiastic welcome—I am not sure whether it was a gold or diamond medal performance, or many medals—for the Games in general and the regulations in particular. I will try to address the many points raised by your Lordships and, if I run out of time, I will of course write.

The noble Lords, Lord Hunt and Lord Bassam, both asked about progress on the implementation of the Games and funding, particularly in relation to Birmingham City Council. I am pleased to confirm that, despite an extraordinarily difficult period with the impact of the Covid-19 pandemic, the Games remain on time and on budget. There has been a constant dialogue between the Government and the city council on all aspects of the Games, including the budget, and the Government have full visibility of all the financial plans.

I must apologise to the noble Lord, Lord Bassam; the connection was slightly coming in and out, so I did not catch exactly his question on the athletes’ village in Perry Barr. The decision to move away from a single athletes’ village was obviously made as a result of the impact of the pandemic. The Perry Barr regeneration scheme is bringing more than 1,400 new homes to this part of the city and will still be delivered as planned by Birmingham City Council. We believe we have an excellent solution which will provide the 6,500 athletes and team officials coming to the Games with best-in-class facilities at three sites: the University of Birmingham, the NEC and the University of Warwick.

The noble Lord, Lord Hunt, and my noble friend Lord Moynihan talked about the importance of there being an ongoing legacy of physical activity and well-being. That portion of the legacy programme rests with my department, the DCMS, and is a real priority. Our focus is to use the momentum of the Games to tackle some of the stubborn inequalities which noble Lords referred to, and which the noble Lord, Lord McNally, linked to levels of crime. We will tackle those inequalities, focus on underrepresented groups and promote wider well-being across the region. As the noble Lord, Lord Hunt, set out so clearly, inactivity is a particularly acute problem in the West Midlands, which is classified by Sport England as the least active region in England. We have been working very closely with Sport England and it is bringing to the table £4 million to address this legacy.

The noble Lords, Lord Hunt and Lord McNally—I gather that Jack Grealish is known as the “McNally” of the English team, so the feeling is mutual—raised issues of accessibility, including the signage at Birmingham New Street. I remember sending the noble Lord, Lord Hunt, a photograph of the signage when I was in Birmingham New Street station during the passage of the Bill, having been to visit the works at Sandwell to build the aquatics centre, so I share his pain about the signage. More seriously, the organising committee is committed to delivering a highly accessible and inclusive Games. Your Lordships may be aware that there is an accessibility advisory forum, which includes representatives from the disabled community across the region, to make sure that we can deliver on this commitment.

The noble Lord, Lord Bilimoria, spoke about the opportunity and the challenge presented by the Games. I think the Government would absolutely agree with him about the importance of a positive legacy for local communities. He listed some of the major economic benefits, both for Birmingham and the West Midlands and the wider UK. We also see this as a huge opportunity for local and regional suppliers to makes sure that they can really benefit from some of the expenditure that is going into the Games.

The noble Lord, Lord Bhatia, asked about tourism. An investment of £21.3 million for a business and tourism programme has been secured, which will help to ensure that the city, the region and the nation can take advantage of the economic opportunities that hosting the Games will provide. An additional £2.6 million of funding has been provided from the West Midlands Combined Authority.

The noble Lord, Lord Bassam, and my noble friend Lord Moynihan raised concerns about the impact on local authorities’ resources and their capacity to fulfil the role given to them in these regulations. Local authorities are working very closely with the organising committee to make sure they have the necessary plans and resources in place so that they can enforce these measures if needed. We are working with all partners within my department on the development of the advertising and trading provisions and the approach to enforcement to take resource pressures into consideration but, as I mentioned in my opening remarks, we expect claims for compensation to be minimal.

On the wider issues of ticket touting, raised by the noble Lord, Lord Bassam, and my noble friend Lord Moynihan, we are absolutely committed to cracking down on unacceptable behaviour in the ticketing market and making sure that people can buy a ticket at a reasonable price. We have strengthened the law on ticketing information requirements and introduced a criminal offence of using automated software to buy more tickets online than is allowed. We are also working with the enforcement agencies in this area to make sure that these measures are effective.

I thank my noble friend Lord Moynihan for his very generous comments about the sustainability plans for the Games. We debated them at length, rightly, during the passage of the Bill and I am delighted that he, the noble Lord, Lord Bilimoria, and others recognise the work that has gone into this.

The noble Lord, Lord McNally, asked about sponsorship. The Government have made it clear that sporting bodies and events organisers must consider their wider responsibilities to fans and the wider community when entering into commercial arrangements. In the case of Birmingham 2022, any such arrangements should support the vision and mission of the Games. We will continue to work closely with the organising committee and the Commonwealth Games Federation to support that.

The noble Lord, Lord Bassam, asked me to confirm that the Government support the cultural events that accompany the Games and see their value. I have great pleasure in absolutely confirming that.

To close, I reiterate the procedural but important nature of these regulations, which are yet another milestone in the preparation for delivery of the Games next year. If your Lordships have any further questions about the progress being made to deliver the Games, I know that the officials in my department and the Games organising committee would be very happy to discuss them. With that, I commend these regulations to the Committee.

Motion agreed.