Baroness Garden of Frognal
Main Page: Baroness Garden of Frognal (Liberal Democrat - Life peer)London Olympic Games and Paralympic Games (Amendment) Bill
Baroness Garden of Frognal Excerpts
Baroness Garden of Frognal
I beg to move that the Bill be now read a second time.
This Bill is relatively short and straightforward in its aims. In 2006, Parliament passed the London Olympic Games and Paralympic Games Act, which set the legal framework within which organisations such as the London Organising Committee for the Olympic Games and Paralympic Games, LOCOG, the Olympic Delivery Agency, the ODA, and the mayor's office are empowered to deliver the Games. It also provides the legislative means through which government will meet the commitments given to the IOC on the way in which the Games, and the Games environment, will be managed.
The Act provided a number of powers, some of which are refined by the Bill in front of us today, including powers to regulate advertising and trading in the vicinity of Olympic and Paralympic venues, to make the touting of Olympic or Paralympic tickets an offence, to manage traffic on the Olympic route network and around Games venues, and to facilitate a number of the transport provisions that are necessary to ensure well run, well delivered and well remembered Olympic and Paralympic Games.
We may well ask why, if due care was taken in drafting the legislation following the securing of the Games back in 2005, such refinements are necessary now. To set the scene, there have been many positive developments since winning the bid for the Games. By the end of June, almost 90 per cent of the Olympic Park had been constructed and all the venues are on, or ahead of, schedule. The testing of venues is now under way as part of a comprehensive London Prepares programme. Preparation for the Paralympics is shaping up not only to change the way in which people think about disability sport but to help to change attitudes to disability itself.
Changing attitudes and providing opportunities lies at the heart of the broader legacy that we are laying down. An economic, social and sporting legacy will mean that next year, when the Olympics and Paralympics are over, we will be left not just with memories but with clear evidence of how the Games will leave their mark on the country.
This progress has been made possible because of the excellent planning and work of LOCOG, the ODA, government departments and others. It is this state of preparedness for next year's Games that has identified the need for the changes to legislation brought forward by this Bill, changes that ensure that the original intentions of the legislation—the smooth and effective delivery of the Games—are met.
Regulating advertising and trading near Games venues is a requirement of hosting the Games. The 2006 Act set out the tailored powers needed, both to act as a stronger deterrent to ambush marketing and illegal trading and because existing powers alone were not adequate for such a major event. It also set out the broad framework for detailed regulations to be made later. These regulations are expected to be laid in draft next week and will be subject to the affirmative procedure.
The 2006 Act provides the ODA and the police with powers to enforce the regulations, including the power to seize articles used in contravention of them. The Bill amends the 2006 Act to provide that any articles seized in England and Wales by either ODA enforcement officers or the police are dealt with by the ODA instead of the police. In Scotland, the ODA and the police will agree the process between them, reflecting the different legal system and processes there. The change will mean that during the 2012 Games, police time is not spent filing and dealing with seized property. Instead, officers designated by the ODA, who are likely to be enforcement officers from local authorities and familiar with dealing with street trading and advertising offences under existing law, will deal with breaches of advertising and trading regulations as well as handle any articles seized.
Infringing articles held by the ODA will be dealt with as specified in the Bill, which includes rules about how long articles can be held and conditions that must be met before they are disposed of. The Bill will also introduce a quicker procedure for making any subsequent amending advertising and trading regulations. As I said, the first, and I hope final, set is due to be laid in Parliament shortly. However, in the event of an exceptional circumstance—for example, a burst water main necessitating moving an event to an alternative venue—we are unable to apply the advertising and trading regulations to that new venue or to disapply them to the original venue. To resolve this, we are proposing to change the procedure used for any amending regulations under the 2006 Act to the faster negative procedure. Importantly, the statutory requirement of consultation before the regulations are made is preserved.
On ticket touting, there is little doubt that the Games will be the greatest sporting event this country has staged, and unfortunately ticket touts may seek to profit at the expense of genuine sports fans. The 2006 Act made the touting of Games tickets—meaning the selling or offering for sale of tickets in public or in the course of business, other than with LOCOG’s consent—an offence attracting a maximum fine of £5,000. However, intelligence gathered by the police through Operation Podium indicates that those who look to tout Games tickets may also have links to organised crime, meaning that this fine level may not provide the necessary deterrent.
The Bill thus contains a provision that seeks to increase the maximum penalty for touting Olympic and Paralympic tickets from £5,000 to £20,000. This does not criminalise any new conduct. Visitors will come to the Olympics and Paralympics from all over the world. We would not want their visit tarnished by ticket touts, as has happened at some previous Games. I must emphasise that this measure is aimed squarely at touts. Nothing in the law at present, or as a result of this change, prevents those who have Games tickets selling them at face value to family and friends. LOCOG will also run an official ticket exchange where those who find they can no longer use the tickets they have bought can legitimately dispose of them, so genuine spectators have nothing to fear. The people who will, we hope, think twice are those who might be tempted to engage in touting.
On traffic management and the 2006 Act, another key issue for the Games is the effective movement of the Games family to and from venues. The 2006 Act allowed the creation and enforcement of traffic management measures specifically for the Games to enable their smooth running and deliver journey time commitments made to the International Olympic Committee. These included powers to create an Olympic route network to enable the ODA and local traffic authorities to make traffic regulation orders for defined Olympics purposes and for the ODA to set levels of penalty charges in accordance with guidelines or, in Greater London, subject to consultation and approval. The Act also relaxed, for London Olympic events, restrictions on making special event traffic orders.
As with the Bill’s other provisions, significant progress has been made in Games time planning since 2006. The ODA has developed the second version of its Olympic transport plan, setting out in detail the transport strategy for the Games. This move from focusing on transport infrastructure to concentrating on the services that will operate during the Games has helped identify areas in the 2006 Act that require amendments. The Bill delivers those amendments, which in essence ensure that the intentions of the original Act can be properly implemented.
The 2006 Act allowed for the making of traffic regulation orders for Olympic purposes under Section 14 of the Road Traffic Regulation Act 1984. Unfortunately, the legislation as drafted required the Olympic purposes to be met in addition to the conditions that normally apply to Section 14 orders—for example, that the order is needed for litter clearing or road works. The Bill remedies this by providing that Section 14 traffic regulation orders may be made for an Olympic purpose only. This is required in order to ensure that effective traffic management can be carried out on the ORN and around Games venues at short notice. It is anticipated that this may often include measures to ensure that traffic is able to flow freely, so lessening the impact of Games traffic on those living and working around the venues.
The clause also allows traffic authorities, but not the ODA, to make temporary notices under Section 14(2) of the Road Traffic Regulation Act 1984 for immediate changes to traffic regulation specifically for Olympics purposes, thereby avoiding the same issue that currently applies to Section 14 orders. Subsequent provisions allow for the civil enforcement of contraventions of traffic regulation orders and notices made for the Games. As in the current law, moving contraventions—involving, for example, Games lanes, banned U-turns or no entry—are dealt with separately from non-moving violations such as for parking. Likewise, provision is made for enforcement inside and outside Greater London.
The clause also clarifies provision for the ODA to set the levels of charges, including penalty charges, for the enforcement of orders and notices made for Olympics purposes, both within Greater London and outside, subject to the approval of the Secretary of State. The Bill also addresses the current limitations on the special event powers in Section 16A of the Road Traffic Regulation Act 1984, which were relaxed to some extent by the 2006 Act, in relation to road closures for London Olympic events. The Bill further relaxes them in relation to other types of restrictions, such as parking controls or one-way streets.
The 2006 Act also provided general transport provisions whose purpose was to facilitate the effective management of traffic issues at Games times. The Bill augments those provisions in order to address concerns raised by Transport for London about the impact of Olympic transport restrictions on the ability of goods vehicle operators to operate effectively. As for goods vehicle operator licensing, TfL argued that, in order to ensure that businesses in London could continue to receive goods deliveries and that operators could arrange delivery times that were compliant with Games times restrictions, amendments to goods vehicles legislation were required.
There is currently a process by which goods vehicle operators can apply for a variation to the environmental conditions that are part of their operator’s licence. However, there may be some operators who, due to exceptional circumstances such as the award of a short-term haulage contract or a short-notice change to an existing contract, may need to seek a relaxation of their environmental licence conditions very shortly before the start of the Olympic period. The Bill makes provision for an expedited process, in these exceptional circumstances, for a variation of licence.
This House has a strong history of interest in and support for next year’s Olympics and Paralympics. It can also boast unrivalled experience and expertise in the areas the Bill amends. Without the input of your Lordships’ House over the years, preparations for the Games would not be as effective, as considered or as encompassing as they are.
I end by recalling the unique role that this House has played not just across the Olympic and Paralympic landscape but across the wider sporting environment, bringing unparalleled knowledge, experience and advice to the Government as we seek to deliver our sports agenda. I trust that the House will recognise that the Bill simply addresses a small number of technical issues that need to be resolved to ensure that the legislation passed in 2006 works as intended. They are minor and technical in nature but they provide the essential building blocks that underpin a truly memorable Games experience. I beg to move.
Baroness Garden of Frognal
My Lords, I thank all noble Lords for a characteristically well informed, well considered, enthusiastic and thorough debate. I say also how welcome it was to see the noble Baroness, Lady Billingham, back in her place for a while. We hope to see her again during our debates.
As I said at the outset, the House has a commendable history with the Olympic and Paralympic Games. As noble Lords mentioned, this is typified by the former Olympians and Paralympian in the Chamber today—my noble friends Lord Higgins and Lord Moynihan, and the noble Baroness, Lady Grey-Thompson, who brought to the debate rare personal experience of the Games and made valuable contributions to the discussion. Of course, my noble friend Lord Moynihan continues his support for Olympic sport through his key involvement in the 2012 Games. I thank also the noble Lord, Lord Stevenson of Balmacara, for his well observed and constructive comments—and perhaps congratulate Edinburgh Napier University for fielding two very distinguished contributors to the Olympic debate.
I turn to the questions raised today. The noble Lord, Lord Stevenson, asked why different arrangements were in place in Scotland for the storage of seized articles. This arises from the different legal systems in England, Wales and Scotland. Prosecutions under regulations in Scotland are different. The pressures on the police in England will be different at key times from those on police in Scotland. Obviously, the vast majority of Games events will be in England, so different approaches will be applicable for different jurisdictions.
The noble Lord asked whether advertising and trading regulations would be amended only in certain circumstances. Certainly, it is our intention that the regulations to be laid shortly will be the first and only set. However, we must acknowledge the possibility that an amendment may be made necessary in unforeseen circumstances such as when there has to be a change of venue. The Bill provides for this. I assure the House that the regulations will be amended only in exceptional circumstances.
There was much debate on the £20,000 fine. The noble Lords, Lord Stevenson, Lord Pendry and Lord Rosser, asked whether we had struck the right balance. The clear advice from the Metropolitan Police Service is that increasing the maximum penalty from £5000 to £20,000 is necessary and proportionate. Organised crime gangs deal in very large sums of money, so the level of fine needs to be a sufficient deterrent. Of course, the £20,000 fine could apply to each member of a gang in certain circumstances. The provisions of the Bill and of the 2006 Act apply only to the 2012 Olympics and Paralympics, not to other sporting events.
One or two noble Lords asked whether the police would be able to cope next year. Obviously, there is a concern here. We will need more discussion in Committee about the Olympic security operation. Police planning is well advanced and the police are confident that they will have the necessary resources and infrastructure in place. I say in reply to the noble Lord, Lord Rosser, that provincial forces that supply officers to London to assist the Metropolitan Police Service will be fully reimbursed so that their ability to cope with events in their own area will not suffer as a result.
A number of noble Lords have raised concerns about the Olympic route network. We will need to cover these matters in greater depth in Committee. The noble Lord, Lord Stevenson, commented on the use of river transport and we acknowledge that the best use of the river is an important part of the transport plans for the Games. We assure noble Lords that the ODA and Transport for London have been and are considering all the issues around traffic management. We had some very good market research on taxis and taxi drivers in this debate and we certainly hope that, as we get closer to the Games, all taxi drivers will be fully informed of the details of travelling around the networks.
My noble friend Lord Addington and other noble Lords raised concerns about ticket touting. Touting only applies to selling tickets for profit, so on that point I can give my noble friend the assurance he seeks that touting is selling Olympic and Paralympic tickets in a public place or in the course of business for the purpose of making a profit, but it does not cover people giving tickets to friends, family or colleagues or selling them tickets at face value. I will say a little bit more about that in due course.
My noble friend also talked about encouraging participation in sport and the sporting legacy, which the noble Lord, Lord Rosser, also picked up on, as did others, and of course it is a key part of these Olympics that we have a good sporting legacy to continue the encouragement and enthusiasm which the Olympics and Paralympics will have generated. My noble friend also mentioned the Cultural Olympiad and of course that will be a key part of the legacy and the ongoing interest around the Olympics.
My noble friend Lord Moynihan gave credit to the directors of the ODA and LOCOG, to which we would add the British Olympic Association. He mentioned in particular John Armitt and David Higgins. I have no hesitation in adding congratulations from the Government on the work that they have done to bring about the tremendous success of the building of the venue on time and under budget. We should also pay tribute to my noble friends Lord Moynihan and Lord Coe for all the work that they have done for the organisations they have been chairing in the run-up to these Games.
My noble friend Lord Moynihan commented on the sports legacy and media accreditation. He also raised the point of the facilities fund for local authorities and whether they would be able to pick up the legacies from the Games. There is a £50 million facilities fund open to local authorities to apply for community sports facilities and other such activities linked to the Olympics. On media accreditation, I know that the Minister for Sport has written to my noble friend on this matter and that may well also be something we come back to in Committee.
The noble Baroness, Lady Grey-Thompson, welcomed the interest in the Games and particularly the friends and families’ tickets, and we are all very grateful that the UK has pioneered this use of tickets to ensure that families and friends are able to watch those close to them competing. Of course, we also pay tribute to all that she has achieved to raise the profile of the Paralympics and to encourage others. She talked about the Olympic route network and its possible difficulties, as indeed have others. There will be as much information as we can find going out as we get closer to the time to make sure that all the details of the ORN are fully understood by those who need to know about them.
My noble friend Lord Higgins talked about passion. I apologise if, in introducing a slightly technical Bill, my opening words were not as passionate as they ought to have been. At this stage we are all enormously enthusiastic about the Olympics and Paralympics. The finer detail of ticket touting and traffic regulations perhaps does not encourage the heart as much as it ought to.
He and the noble Lords, Lord Faulkner, Lord Patten, the noble Baroness, Lady Doocey, and other noble Lords all talked with great and passionate interest about the ticketing procedures. They are a matter for LOCOG, which has said that the lead ticket holder must attend. This is a matter for LOCOG; it is not a responsibility of the Government. I am quite sure that the noble Lord, Lord Coe, will wish to respond to the strong feelings which have made themselves felt in the Chamber today about the problems and difficulties of implementing that policy.
The noble Lord, Lord Faulkner, mentioned the ballot for the tickets.
Lord Patten
Does my noble friend agree that it would be fitting and seemly if this ticketing issue could be sorted out by LOCOG quickly before it is necessary to air the issue further on the Floor of your Lordships’ House?
Baroness Garden of Frognal
I thank my noble friend for that. We will be talking to LOCOG and would hope that we might have further news or details before we come to the Committee stage. I know that a lot of thought went into the balance of access to the Games and the security implications. As a number of noble Lords have said, there are intense security implications over these Games. Getting the balance right is a delicate matter for consideration. Undoubtedly, it will be a subject for further discussion.
The ballot for tickets was also raised. Once again, it is a matter for LOCOG. I am not trying to pass the buck here, but these are not matters for the Government. It was always the difficulty of trying to ensure that the tickets were sold and that we had a really good attendance at events, which has not been the case at some Olympic Games held in other places. It was an astonishing and delightful surprise that the British public was so manifestly enthusiastic when the tickets went on sale. Anyone who had read the media in the run-up to the sale would not necessarily have assumed that people would be so enthusiastic about tickets. Inevitably, with that comes the disappointment of those who were not successful in the ballot. But, once again, I would not wish us to focus entirely on the disappointment and that which has denied people the opportunity of the Games. There will be a number of other opportunities when people will be able to buy tickets for particular events. However, I would stress again that this is not within the remit of the Bill and is a matter for LOCOG.
Lord Higgins
I realise that my noble friend may not be able to give me an answer immediately, but will the name of the purchaser appear on the ticket?
Baroness Garden of Frognal
I have not seen a draft ticket and I am not sure how it will be done, but I imagine that the only way would be for the name to appear on the ticket or there is a complicated data system which immediately identifies a ticket with the ticket holder. We will have to ask LOCOG for more details of how it anticipates this will work. This is a major issue which has arisen in the course of the debate which will need to be taken further.
The noble Lord, Lord Faulkner, also asked about offshore gambling. The Government agree that there is a real need to address remote gambling regulations. It is a matter perhaps for a wider discussion than purely the Olympics. We may come back to this, but the consultation is ongoing until 9 November as regards the Gambling Act. We hope that we may make some headway and be able to introduce legislation on some aspects of the gambling regulations later in the year.
The noble Lord, Lord Higgins, and others asked about taxis, which I mentioned earlier. TfL and the ODA are aware of the concerns of the black cab and private hire trade, and are having discussions with the relevant trade organisations to ensure that as much information as possible is transmitted. The noble Lord, Lord Higgins, also mentioned the equine legacy at Greenwich, about which I will have to write to him.
My noble friend Lord Higgins and the noble Lord, Lord Pendry, asked whether there will be a ban on roadworks during the Games. I can assure them that there will be a ban on all non-essential roadworks on the ORN during the Games and that all associated barriers will be removed. As much as possible will be put in place for traffic to ensure that priority is given to Olympic people in the ORN and that the general public have as much roadway to get around as possible in order to keep London running.
The noble Baroness, Lady Ford, spoke with passion about the Olympic site. I congratulate her on the fact that it will be known subsequently as the Queen Elizabeth Olympic Park. I had the enormous pleasure of being shown around by the noble Baroness earlier when the site was perhaps not quite as advanced as it is now, but I came away completely overwhelmed by the immense work that had gone into developing it. I felt excited not only by the iconic buildings but also by the canals, waterways and other buildings, which will be a tremendous legacy once the Games are over. We are extremely grateful to her for all the work that has gone into ensuring that the Olympic site is of enduring advantage and benefit to London after the Games have finished.
My noble friends Lady Doocey and Lord Clement-Jones talked with passion about traffic lanes. There will be great encouragement for all non-essential members of the Olympic family to use public transport. We know that there will be a high demand for public transport. The noble Lord, Lord Pendry, talked about the Jubilee line. Once again, I am quite sure that Transport for London is paying close attention to those public transport routes which get the maximum number of people in and out of the Olympic venues as speedily and efficiently as possible.
My noble friend Lord Patten brought us into the realm of cyberspace and websites. We will almost certainly need to go into this in more detail in Committee, although the finer points of the security side of the Games have been under consideration right from the beginning of the planning. The Cabinet Office leads on co-ordinating cyber capabilities in every aspect—defence, law enforcement, intelligence agencies and so on—and it will take the lead also on countering potential Olympic cyber threats and liaising with the Games authorities in connection with them.
The noble Lord, Lord Pendry, asked about the police enforcing ticket-touting laws. As I said earlier, there will be sufficient police around to do that, and they have confirmed in evidence to another place that they intend to take ticket-touting very seriously and devote appropriate resources to it. The noble Lord also mentioned that hotel prices might become exorbitant during the Games. It is a free market, but we are encouraging the tourism and hospitality industry to make sensible decisions on pricing. VisitBritain and London & Partners, which is the mayor’s promotional agency for the capital, have created a fair pricing and practices charter for UK tourism businesses. We very much hope that tourists in London will not be ripped off by exorbitant prices during the Games. We will keep an eye on this to see that it remains the case throughout.
My noble friend Lord Clement-Jones mentioned the 82,000 people using the ORN. We will certainly come back to issues around traffic lanes and their use in Committee.
My noble friend Lady Heyhoe-Flint, apart from enlightening us about different cricketing activities and other sporting events, which was quite delightful to hear, asked whether advertising regulations would apply to air space. I can confirm that they will apply to air, water and land within the regulated events zone, so I am hopeful that we will not see small planes buzzing around completely unimpeded.
The noble Lord, Lord Rosser, mentioned the sporting legacy, particularly in relation to school sports. I can assure him that the Government are monitoring the situation. If there are further details to be had on that, I shall provide them to him in writing. It is the Government’s firm intention that schools sports should be a beneficiary of the Games when they end. There certainly will be schools activities going on in and around the venues to encourage young people into sporting activities.
I fear that I may have left a number of points unanswered. I will read Hansard carefully and try to sweep up the questions to which I have not responded. At the beginning of this debate, I said that the provisions in the Bill are technical and amending in nature, and serve to ensure that the original intentions behind the London Olympic Games and Paralympic Games Act 2006 can be delivered. The commitments given to the IOC on the regulation of advertising and trading, ticket touting and traffic management all play a part in the delivery of a safe, successful and memorable Games. They may not be as exciting as the Games themselves, but they are important as part of the infrastructure. This Bill goes some way to ensure that those assurances can be effectively delivered. It enjoyed cross-party support as it passed through the other place, and I pay tribute to honourable Members in another place whose hard work and vision has contributed to the position we are now in in relation to planning for the Games. I am most grateful to all noble Lords for continuing in the constructive vein of the other place throughout today’s debate, and I look forward very much to further discussions in the Bill’s remaining stages.
Bill read a second time and committed to a Grand Committee.