Unauthorised Entry to Football Matches Bill

Kevin Brennan Excerpts

2nd reading
Friday 23rd February 2024 Commons Chamber

[Kevin Brennan (Cardiff West) (Lab)]

I beg to move, That the Bill be now read a Second time.

Yes, it’s me again; earlier, I was playing up front, but I am back at the back for this debate, and I hope to be back on the Front Bench later if my Bill makes the progress that I hope it will after Second Reading.

On Sunday 11 July 2021, the final of the men’s Euros football tournament at Wembley could have resulted in not just the sad loss for the English football team, but in a tragic loss of life. That was the finding of the independent review that was conducted by Baroness Louise Casey into the events of that day, suggesting that we narrowly escaped a disaster that could have resulted in fatalities or irreversible injuries. For everyone here, the mere thought that such a catastrophe is still possible in this country at a football match in the 21st century, after the tragedies of the latter part of the last century, is profoundly unsettling. Some Members of this House were present at the Euro 2020 final, which took place in 2021, and witnessed at first hand the reckless behaviour of some people seeking to enter the stadium without a ticket.

I admit that I was genuinely shocked to discover, when the House of Commons Culture, Media and Sport Committee, of which I was a member at the time, undertook an inquiry following the Euros, that entering or attempting to enter a football match without a ticket is not a specific criminal offence. That is why that Committee acknowledged the need for my Bill in a recommendation in its “Safety at major sporting events” report, published in December 2023. That demonstrates the broad cross-party recognition of this problem, and the consensus on the need for legislative action to put it right. If hon. Members take a glance at the Bill, they will see that all the members of that Select Committee with seats within its territorial scope—Wales and England—are named co-sponsors, so it has the full support of that Committee. My Bill would bring into law recommendations that came out of the Select Committee’s findings and the Baroness Casey Review by amending the Football (Offences) Act 1991 to introduce a new offence of unauthorised or attempted unauthorised entry to football matches.

It is estimated that at the Euro 2020 final, somewhere between 3,000 and 5,000 ticketless individuals were able to gain entry. Many people will have seen the disorder, the overcrowding and the safety hazards that resulted from those events. Those actions not only compromise the safety and security of stewards, police officers, spectators, players and officials, but greatly tarnish the reputation of the sport and this country.

[Mark Tami (Alyn and Deeside) (Lab)]

The thing that really surprised me was that Wembley is not just your average stadium; it is a purpose-built stadium that we would expect to have the best security, yet that number of people were able to get through. As my hon. Friend said, that could potentially have caused the loss of life.

[Kevin Brennan]

My right hon. Friend is absolutely right. We were all shocked that those events were able to take place at a relatively new flagship national stadium, so we must think about how stadiums are designed. Wembley has a particular feature—the long Wembley way, which goes back to when the stadium was originally opened in 1923. Traditionally, lots of fans approach in that direction in very large numbers.

One thing that my Bill does that might address my right hon. Friend’s concerns is to make it possible for the offence to be enforced not just at the turnstile but around the premises on private land, so an outer security cordon can enforce the offence that the Bill creates. That should help in a place like Wembley. As he says, it was shocking to see the number of people who were able to get past the stewards and rush entry into the ground.

[Philip Davies (Shipley) (Con)]

I support the hon. Gentleman’s Bill and think he is right to introduce it, so I say this in the spirit of scrutinising legislation: he is using what happened at the Euros as a justifiable reason for his Bill—I go along with that—but by increasing its scope to include areas that the explanatory note seems to suggest include bars and car parks, it seems that he is making someone trying to blag their way into a car park the same offence as trying to tailgate their way into the semi-final of the Euros. Does he really think that those two things should be treated in the same way?

[Kevin Brennan]

I welcome the hon. Gentleman’s intervention. He is always assiduous in his scrutiny of legislation, and rightly so.

In isolation, it will not be an offence to try to get into a car park, but the Bill reflects the reality of the areas around football grounds. Cardiff City stadium, which is located in my constituency, was built a few years ago to replace the old Ninian Park stadium across the road. Like a lot of newer stadiums, it is in a slightly more out-of-town location, surrounded by car parks that specifically serve those attending matches.

In some instances, to enforce the intention of this new offence, it might be necessary to set up an outer cordon immediately outside the premises of the stadium itself, which is the purpose of the provision. There may be other hospitality settings close to the stadium but outside the turnstiles. In that instance, if another security cordon needed to be set up, my Bill could be enforced to prevent people who came along not with a ticket and with the intention of attending the match but simply to try to jib their way into the ground from doing so. Such actions compromise the safety of individuals and potentially tarnish the country’s reputation. The Euros are returning in 2028, and we cannot afford a replay of those events.

The current legal framework does not address the problem. Those caught entering a stadium without authorisation face no legal repercussions. Those attempting to enter are simply moved on, and often try to gain entry multiple times. There are no consequences for their selfish actions, which risk jeopardising matches and could recklessly endanger the safety and lives of others.

The Bill is intended to respond directly to those challenges by making unauthorised entry into football matches a specific offence. The aim is to deter people from attempting to enter stadiums without a valid ticket. Before the debate, I did an interview with, among others, Martin Keown—the former Arsenal footballer—on talkSPORT. There was a feeling in our discussion that the deterrent effect is a significant part of this measure. A fine of up to £1,000 might be a deterrent but, under the Bill, a conviction for this offence could lead to a court-imposed football banning order, under the Football Spectators Act 1989 and the Football (Offences) Act 1991, which would prevent a person from attending football matches for a specified period of between three and 10 years. That would be an even greater deterrent. This Bill seeks to address all forms of unauthorised entry, recognising the broad spectrum of tactics employed to gain illicit access to stadiums.

[Philip Davies]

That raises the question of why the Bill is designed only to apply to football. The same thing could apply to a Rugby world cup final at Twickenham, the Olympics—we might have them again in the future—or any other big sporting event. Is this problem unique to football? Is there any reason why the Bill should not apply to any major sporting event that might have the same problem?

[Kevin Brennan]

The hon. Gentleman makes a valid point. I have spoken to the Football Supporters Association about this Bill, and it is concerned about any legislation that singles out football in this way. The reality is that the current legislative framework includes a significant suite of legislation that applies particularly to football, born of the events of the latter part of the last century. We have moved on hugely, and I think we all thought that we had moved on permanently, from the sorts of scenes that were witnessed at the Euros final.

Because there have been problems at other types of event in recent years, I accept that there is a case for taking a wider look at the issue of gaining illicit entry to venues, whether for a music concert, a festival or another type of sporting event. The Government—and His Majesty’s Opposition, if they are to become the next Government shortly—should look further into the best way to achieve that outcome.

In the relatively narrow confines of my private Member’s Bill, when there is the opportunity to amend legislation already on the statute book and when significant football events are imminent, I think it is justified to bring forward a measure that applies specifically to football, but the hon. Gentleman’s broader point is absolutely valid.

The scope of the Bill extends across the top tiers of domestic football. We are not talking about the local park match. The Bill includes the premier league, the championship, leagues one and two, the national league, the women’s super league and championship, and the Cymru premier competition, as well as international matches in England and Wales.

[Ruth Jones (Newport West) (Lab)]

My hon. Friend is making an excellent speech, and I am glad he has clarified that the top tiers will be included. Although we hear about the super leagues and all the rest of it, teams like my own beloved Newport County are important, too. Although they might not be in the very top tier—they are obviously as good as those clubs, but they are in a slightly lower tier—it is important that we have clarification that they will be included, because it is important to them.

[Kevin Brennan]

My hon. Friend is absolutely right. Someone chuckled when she said Newport County are as good as the top tier, but the fright they gave Manchester United in their recent FA cup tie confirms the veracity of her judgment.

I remember as a young man who grew up only 5 miles up the road from the old Somerton Park—they play at a different ground now—often sneaking away without telling my mother on the 123 bus to watch Newport County play. It was always at 3.15 on a Saturday afternoon, because of the proximity to the Llanwern steelworks. It allowed the steelworkers finishing their shift to attend the match. When the results were read out, those of us who are old enough might remember that Newport County’s home games were always “late kick-off”, rather than being announced at 4.45 in the usual way.

My hon. Friend is absolutely right. The Bill will apply to Newport County and right down as far as the national league in the men’s game in England and the other leagues I mentioned.

In fact, Cardiff City’s stadium, which as I have said is in my constituency, hosts the home games not just of Cardiff City, but the Welsh national teams, and it would be remiss of me not to mention the impeccable behaviour of Welsh fans attending matches there and the cracking atmosphere they create with their passionate renditions of songs such as “Hen Wlad Fy Nhadau” and “Yma o Hyd”. The vast majority of football fans across the country supporting clubs such as my team, Cardiff City, or any others do so in the right spirit. It is important that they feel safe and secure when supporting their football teams. I make it clear that the intention of the Bill is to support real football fans and to keep them safe and secure while they are enjoying the spectacle of supporting their team.

Football is a big part of our culture. As Members know, I represent a Welsh constituency and was born and brought up in Wales. We are often associated with rugby, and I hope after today’s debate to hop over to Dublin for the Wales-Ireland rugby match in the Six Nations at the weekend. However, in recent years, football has grown ever more important in the national culture of Wales, and it has always been of huge importance across the rest of the UK, bringing together individuals from all walks of life in shared support of their teams. The actions of a few should not be allowed to compromise the safety and security of the majority.

In drafting the Bill—I thank civil servants for their help in that—I have been mindful of the balance between enhancing security and maintaining the open and inclusive nature of football matches. The intention is not to criminalise fans or create barriers to genuine supporters enjoying the game; instead, the focus is on preventing those who would seek to cause disorder and harm from entering stadiums, thus ensuring a safer environment for all. By strengthening the legal framework, we can deter unauthorised entry, reduce the risk of disorder and violence, and ensure that football continues to be a source of joy and community for everyone.

I urge the House to give the Bill a Second Reading—

[Mr Jonathan Lord (Woking) (Con)]

rose—

[Kevin Brennan]

Before I finish my remarks, I give way to the hon. Gentleman, who has just successfully got his Bill through Second Reading, and will, I am sure, want to reciprocate for this one.

[Mr Lord]

I am highly supportive of the Bill, and I congratulate the hon. Gentleman on introducing it. Back in 2011, I had another successful private Member’s Bill, which is now the Sports Grounds Safety Authority Act 2011. His Bill is another in that fine tradition of improving safety at our sports grounds for fans and people in the area. If I heard him correctly, the territorial extent does not include Scotland and Northern Ireland. If his Bill succeeds, will he and the Minister share their learnings with colleagues in Scotland and Northern Ireland—we are all delighted that we have a Northern Ireland Assembly again—so that if they host future Euro and World cup events, they have this sort of excellent measure in place, as England and Wales will?

[Kevin Brennan]

I congratulate the hon. Gentleman on getting his Bill through its Second Reading—his second such Bill, which is quite an achievement—and I hope that he gets it through its remaining stages before the general election. I do not usually approve of Lords, but he is an elected Lord, so I approve of his Bill going through. He is absolutely right that my Bill applies to England and Wales, because that is the scope of the legislation that I am seeking to amend. Scotland and Northern Ireland have their own laws on safety at football matches and so on, but I certainly encourage them to take a look at my measure. I am a big believer in devolution, so I would not tell them what to do, but they might find some useful ideas in it. He is right to point that out to the House.

We can, from all sides of the House, come together to send a strong message that such behaviour will not be tolerated and that the safety and security of people attending and working at football matches are of absolute importance. The Bill reflects our collective responsibility to address the challenges facing the sport and to ensure that football remains a positive and uniting force in our society. I thank the English Football Association and the Football Association of Wales, the Culture, Media and Sport Committee, civil servants, Clerks and so on for their support in drafting the Bill. I also thank Mary in the Members’ Tea Room, with whom I discussed my Bill this morning. She gave it her full support, showing that it passes the common-sense test. I commend it to the House.

[Philip Davies (Shipley) (Con)]

It is a pleasure to follow the hon. Member for Cardiff West (Kevin Brennan). I am delighted that he managed to get “common sense” in before the end of his speech, because my wife would not have forgiven me if I had not mentioned common sense in my speech, and he gave me a perfect opportunity to do so, for which I thank him.

I rise to support the hon. Gentleman’s Bill, which is important and worthwhile, and to wish it safe passage through both Houses of Parliament. However, as you know, Mr Deputy Speaker, I take my role on Fridays very seriously. The danger with private Members’ Bills is that they start with a worthy sentiment but end up going through both Houses with very little scrutiny because everybody agrees with that sentiment, so we end up with bad legislation and unintended consequences. I raised a couple of points with the hon. Gentleman earlier, and I want to test them and maybe another point or two a bit further. It will be interesting to get the Minister’s view when he responds, and the hon. Gentleman’s view when he winds up the debate, on whether or not—it may well be that the answer is “not”—any amendments may be considered in Committee or on Report to improve the Bill or take out something that was not intended. I do not intend to speak for long, which will be a huge relief to everybody, particularly on a Friday. I make my remarks genuinely and in the spirit of trying to be constructive and raise potential issues. It is important that they are considered, even if they are then dismissed.

The hon. Gentleman set out in his opening remarks why the Bill is important. It is about what happened at the Euros final, where it is estimated that 3,000 to 5,000 people without tickets gained entry. They did not just try to gain entry; they actually did it through mass forced entry at turnstiles. I do not think that they necessarily gained entry by tailgating; it was through the deliberate ploy of forcing their way into the stadium.

Of course, the hon. Gentleman is absolutely right about the problems that such behaviour causes. It is unfair, because people might end up sitting in seats that others have legitimately paid for, and ticket holders cannot get to their seats. That is bad enough, but there is also a massive issue with safety and security. Tragically, we have seen in the past what can happen at football stadiums when things are not as they should be. On that basis, he is absolutely right to introduce the Bill, and I would not want to gainsay any of what he said.

Although I accept that my concerns are minor, they are genuine. I would not want to see rules that are designed to tackle very bad behaviour being applied excessively to people who I do not think the Bill is necessarily aimed at. I talked about people blagging their way into a car park, and I am slightly concerned about the way the Bill is written. I do not know what you think, Mr Deputy Speaker, but I have always considered the hon. Gentleman to be a bit of a cheeky chappie. He looks like the type of person who, before his political career—not today, as he is a serious politician—may well have tried to blag his way in somewhere. He just has that look about him.

[Kevin Brennan]

The hon. Gentleman is a very astute individual. I first attended Twickenham in 1978, when I was very young indeed, to go and watch Gareth Edwards win his 50th cap for the Welsh rugby team. I and three of my friends got into the ground by virtue of a £5 note, for which we were given £2 change, even though we did not have tickets. I was very young, but I should confess that, as he has raised it.

[Philip Davies]

I am sure we are all very grateful for that intervention. It is amazing what you find out on a Friday, isn’t it, Mr Deputy Speaker? It is like a confessional. Perhaps other Members will want me to give way so that they can declare their interest as well. We have probably accidentally found out why the Bill applies only to football and not to any other sport.

My point is that there is a world of difference between a group of people who have a deliberate strategy of engaging in public disorder to force their way into an event through sheer weight of numbers, causing all sorts of potentially serious repercussions, and people who are desperate to get into an event who do not have tickets and who cheekily try to blag their way in through one means or another. I think most people would accept that there is a world of difference between the two. What I would not want to see is the full weight of the law clamp down on the second group in the same way as it would on the first. My slight fear is that that that could happen, given the way the Bill is written.

A young person who tries to cheekily blag their way into an event could find themselves facing the same repercussions as others. I do not think that anybody would want that to happen. I am not sure whether there is a legal way to differentiate between those two things—it may well be that we say it is for a court to make that adjudication—but I would not want somebody who tried to cheekily blag their way into an event to find themselves treated as severely as a criminal making a forced entry with public disorder designs. It would be nice if we could at least think about how we could do that.

The explanatory notes make clear that the penalty is a fine “not exceeding” £1,000. We could argue, with justification, that the fine should be varied according to the situation, so that a minor offence would be reflected in the fine. However, the explanatory notes go on to state:

“A court must”—

not may, but must—

“also issue a football banning order following conviction for the offence”.

They go on to state:

“unless it considers that there are particular circumstances that would make it unjust”.

I accept that, but in effect they are saying that ordinarily, whatever the scale of the offence, that is what the court should do. It does not even say that it should do that, but that it must do so.

[Kevin Brennan]

The hon. Gentleman is absolutely right that that is the way the legislation currently operates, but there is discretion available to the court not to issue a banning order in exactly the sorts of circumstances he describes, where somebody is not intent on causing serious disorder but what might be referred to colloquially as a cheeky bit of attempted jibbing. I would envisage that in those circumstances someone might at first get turned away, but that if they were persistent they could be subject to the offence in the Bill.

[Philip Davies]

I am very grateful for that clarification, which was genuinely useful.

The other point I want to spend very few minutes on, which I raised in my intervention on the hon. Gentleman, is about other events. If such unauthorised entry is an issue, it should not apply just to football matches. I would be very interested to hear what the Minister and the shadow Minister have to say about that. This country is renowned for hosting world-leading sports events across the piece: the rugby world cup, the rugby league world cup, the Olympics, athletics and so on. Most of those events have tickets that are very much sought after and oversubscribed—we are a sport-loving nation. The Bill has been brought forward largely as a result, as the hon. Gentleman said, of what happened at the Euros—the UEFA European Football Championship. Often in this place, we pass legislation as a result of something happening. Something goes wrong and we think, “Something must be done,” so we pass legislation reactively to deal with an issue that has already happened. To the best of my knowledge, what the Bill addresses has not happened—it may well have happened, but I am not aware of it; other people with more expertise will know—at the rugby world cup final or the rugby league world cup final, so nobody has brought forward any legislation on that.

It might seem unusual—I am unusual, before you get in there first, Mr Deputy Speaker—but rather than just always passing legislation reactively, perhaps we might sometimes have a crack at passing legislation proactively, and try to anticipate things that might happen and nip them in the bud beforehand. The hon. Gentleman has brought forward the basis of a Bill which we could use to do something a bit more proactive. Is there any reason why the provisions in the Bill could not apply to a range of other major events, in particular major sporting events, so that we do not have to wait for such things to happen before we do something about it? We could actually get in there first and try to stop them from happening in the first place, or at least make sure we have appropriate penalties.

The hon. Gentleman is renowned for his huge support for the music industry, and I commend him for everything he does for that industry. He is one of its greatest champions in the House. I am not an expert in the way that he is; I may be enthusiastic, but I do not possess the same expertise. However, as a layman, I should have thought that this would be more of an issue at music events than at sporting events. I could be completely wrong about that, but I suspect I am right. I will certainly bow to the hon. Gentleman’s greater expertise if I am wrong. There may well be existing legislation to deal with these matters at music events. I admit my ignorance in that regard, but it seems to me that legislation of this kind must be just as important for big music events such as concerts—which, by the way, are often held in stadiums and other locations that are also used for sporting events, such as Wembley—so why are we restricting ourselves to football? I genuinely do not understand why this is seen as just a football issue, although I suspect that it is because of the reaction to what happened at the Euros. Surely we in this place must be able to use our wit to say, “It has been a problem in this location”, while also anticipating that it could well be a problem at similar events, whether sporting or musical.

May I just ask the hon. Gentleman and the Minister, who I know will continue to take a great interest in all these issues anyway, and also the shadow Minister, to give this some thought? If we are so adamant that the Bill is necessary in this regard—and I think it is; as I have said, I support it, with a couple of reservations—I urge all those with far more influence than me to think about whether we could introduce similar legislation, if necessary, to cover other big sporting events and perhaps music events as well.

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[Tom Tugendhat]

Funnily enough, I agree that it is something I have witnessed; I have always struggled to join the conversation. I recently found myself in New York at the funeral of Henry Kissinger, and a few people there were discussing his passion for Arsenal football club and asked me about the latest season in London football. I have to confess that I found myself slightly wanting for words, but it was an environment in which many others were able to supply them, so I was delighted to stay silent as the prowess of the various football teams was discussed. As we are discussing Arsenal, among the research I have been doing into the Bill, it turns out that Cardiff City won the FA cup in 1927 by beating Arsenal, which is a remarkable achievement.

[Kevin Brennan]

One-nil.

[Tom Tugendhat]

One-nil. I believe Hughie Ferguson was the goal scorer—there you go; it’s amazing what you can get help with if you ask the right questions, isn’t it? That game was on St George’s day as well. How is that for a triple? It is absolutely true that football binds people together around the world. The number of conversations that one can have travelling and meeting Heads of State, Heads of Government, Ministers, officials—and, indeed, taxi drivers and folk around the world—is extraordinary, because football really does unite. That is why the Bill is so important.

I will start with one of the points raised by the hon. Member for Shipley (Philip Davies) raised, when he asked, “Why does this apply only to football and not other sports?” The reality is that football is hugely dominant in terms of sporting appearances and interest in the United Kingdom. It is clear that, over the past few decades, football has dominated that sporting appeal for spectators. It has been so dominant and, sadly, that has caused problems. I do not want to blame fans—that would not be right—but when large crowds gather, there are challenges with managing those crowds. Sadly, other sports are yet to attract quite the same interest.

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[Tom Tugendhat]

I would be delighted to take up my hon. Friend’s invitation. I have never seen football played in Bradford—

[Kevin Brennan]

Neither has he!

[Tom Tugendhat]

I will ignore the contribution from the hon. Member for Cardiff West, who is very disparaging about Bradford City. I am sure Bradford City would offer a fantastic afternoon and I would very much enjoy it. I simply cannot believe that my hon. Friend would not be backing a winner, given his reputation, so I will stay silent on that accusation.

The Bill deliberately does not go into car parking. As my hon. Friend will be well aware, in many areas car parking is very different. Some stadiums have car parking available and some have car parking on the street or in neighbouring car parks which would be covered by local government ordinances and so on. It would add complication and not clarity to the Bill. To his eternal point, Occam’s razor is to get to the heart of the matter; he would rightly be the first critic of any Bill that started to be expansive and to look like it might include supermarket car parks, or indeed any other kind of car park. That is why the Bill is written and drafted as tightly as it is, and why so many of us support it—the Bill has given us the space to focus on that part of the offence that is actually important.

The Bill has been very carefully drafted to set out this new offence of unauthorised entry or attempted unauthorised entry to designated football matches in England and Wales. In practice, “designated football matches” really means elite football matches. For these purposes, that does include Manchester United—[Laughter.] The Bill will also enable a court to impose a football banning order against a person convicted of this offence. Banning orders provide an effective tool to combat football-related disorder by preventing disruptive individuals from attending regulated matches for between three and 10 years.

I would like to pay my own tribute to Baroness Casey and her extraordinary work, not just on this issue, but in reforming and reviewing various other aspects of our national life that have required attention. Her independent review of the appalling disorder that occurred during the Euro 2020 final resulted in a clear recommendation that action needed to be taken to deter the practice of tailgating, which is the phenomenon that we have been covering of a ticketless person following a legitimate entrant into the stadium. Of course, the Bill is drafted in this way because tailgating is not the only problematic behaviour.

There are many other routes to attempted entry into football matches, such as jumping over walls, which we have seen at some stadiums, or hanging down from buildings and jumping through windows—we have occasionally seen videos of that happening abroad. That is extremely concerning, not least because it can lead to enormous personal harm and can encourage people to take extremely unwise risks. It can also lead to a crush within the building that could cause harm not just to fans but to those working in the stadium. As we know, stadiums these days are major businesses, and many employ a large number of people on match days.

Estimates suggest that somewhere in the region of 3,000 to 5,000 England fans without tickets gained entry to the Euro 2020 final, largely through mass forced entry. Witnesses spoke of being terrified by their reckless and aggressive behaviour. Despite my own lack of passion in this regard, I have taken my children to football matches and have enjoyed the days with them. I must admit that my children were much more impressed with the games than I ever was, but I enjoyed the experience very much. The opportunity to see it through their eyes was a great blessing; I found it enormously warming.

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[Kevin Brennan]

With the leave of the House, I will briefly sum up. I thank all hon. Members who have contributed and intervened. This debate has given an extremely useful airing to the issues related to Bill. The hon. Member for Shipley (Philip Davies) raised some very valid points, some of which were subsequently addressed in interventions by me, the shadow Minister and the Minister. I am sure we will delve further into those points in Committee.

I thank all Members who contributed to the debate. The hon. Member for South Ribble (Katherine Fletcher) is obviously very knowledgeable about supporting football, even when it is painful. We also heard interventions from my hon. Friend the Member for Newport West (Ruth Jones) and my right hon. Friend the Member for Alyn and Deeside (Mark Tami), who is now sitting in the Whip’s seat, having moved from the Back Benches during the debate.

The Bill has had a good airing, for which I thank everyone. I thank in particular the Minister and the shadow Minister. The Minister mentioned the Football Association, which covers England. The Football Association of Wales has also been very supportive of the Bill. All members of the Culture, Media and Sport Committee have supported the Bill, which featured in the Committee’s report. I also thank the civil servants; the Clerks; you, Madam Deputy Speaker; Mr Speaker, who was here earlier; Mr Deputy Speaker; and everyone else in the room. The Whips on both sides of the House have been extremely helpful. And I thank Mary in the Members’ Tea Room for supporting the Bill.

[Madam Deputy Speaker (Dame Eleanor Laing)]

That is a fitting end to the hon. Gentleman’s speech. We are always thankful to Mary and everyone else who looks after us in the Members’ Tea Room, especially on a Friday.

Question put and agreed to.

Bill accordingly read a Second time; to stand committed to a Public Bill Committee (Standing Order No. 63).

Unauthorised Entry to Football Matches Bill

Kevin Brennan Excerpts

Committee stage
Wednesday 8th May 2024 Public Bill Committees

[The Chair]

With this it will be convenient to take clause 2 stand part and amendment 1—

Title, line 1, leave out from “football matches” to “for which” in line 2.

This amendment would update the long title to reflect the fact that express provision is not required to enable a football banning order to be imposed following conviction of the new offence.

[Kevin Brennan (Cardiff West) (Lab)]

It is a great pleasure to serve under your chairmanship, Dame Maria. Following your guidance, I intend to cover the whole Bill and my proposed amendment to its long title in my remarks. I thank everybody for coming along this morning—let’s see if we can make a law.

The Bill is intended to address a real concern that has come up in football, namely the problem of unauthorised entry to football matches. Members of this Committee will be familiar with the Euro 2020 finals, which saw England host the élite men’s competition. I do not need to remind hon. Members that the English team got to the final, but lost on penalties; however, the day was also spoilt for many fans and for many watching by the disorderly scenes of people attempting to enter Wembley stadium, which is within the constituency of my hon. Friend the Member for Brent Central. It is good to see her here today—to support the Bill, I hope.

Those fans were attempting to enter Wembley stadium without tickets. It is believed that between 3,000 and 5,000 ticketless fans were able to gain entry to Wembley stadium on that occasion using a tactic often known as tailgating, which refers to two people going through the turnstiles on one ticket. Many of those entries were forced on members of the public who held official tickets. If any members of the Committee were actually at the final, they may have witnessed the aggressive behaviour, disorder and overcrowding that compromised the safety and security of stewards, police officers, spectators, players and officials, and indeed tarnished England’s reputation as a host of major sporting events.

I am delighted that England, Wales, Scotland, Northern Ireland and the Republic of Ireland are due to jointly host the Euro 2028 competition. Clearly, we should do all we can to ensure that such scenes do not reoccur on that occasion. The actions of those who entered the Euro 2020 final without tickets not only were unsettling, but posed a real threat to the safety of thousands of attendees at the match. In the report she was commissioned to write by the English Football Association, Baroness Louise Casey concluded that the events of that day could have resulted in a tragic loss of life. We have seen too many such tragedies at football matches in recent decades caused by inadequate safety regulation and policing for this House not to take legislative action where a further gap in the law is indicated.

In discussing clause 1, I should point out that during my time on the Culture, Media and Sport Committee— I am delighted that so many members of that Committee are present, including the esteemed Chair, the hon. Member for Gosport—we undertook an inquiry into safety at sporting events. I think all members of the Select Committee were surprised to discover that entering or attempting to enter a football match without a ticket is not a specific criminal offence. In our subsequent report into safety at major sporting events, which was published in December 2023, the Committee supported the need for my new Bill to rectify that gap in the law. I am delighted that all the Committee members representing seats in England and Wales, which is the territorial extent of my Bill, co-sponsored the Bill to bring our recommendations to law. I also thank the Government for their support of the Bill.

Clause 1 creates a specific offence of unauthorised entry to designated football matches by inserting the new offence into the Football (Offences) Act 1991. It is aimed at deterring people from attempting to enter stadiums without a valid ticket. A fine of up to £1,000 could be levied, but even more importantly, a conviction for that offence could lead to a court-imposed football banning order, preventing a person from attending football matches for between three and 10 years. That represents a strong deterrent for any football fan.

Allowing the Bill to be applicable on any relevant premises reflects the need for cordons to be established outside the stadium where it is believed necessary. In fact, at Wembley stadium that is a common feature of the way that such matches are organised. The law envisioned under the Bill could then be enforced at such places, even when they are not part of the stadium itself.

The scope of the Bill encompasses the designated matches envisaged in the regulations made under section 1 of the 1991 Act. Currently those are matches in the premier league, the championship, leagues one and two, the national league, the women’s super league and championship, and the Cymru premier league, along with international fixtures held in England and Wales. In the case of my own Cardiff West constituency, the Bill would impact matches played at the Cardiff City stadium by Cardiff City football club and the Welsh national team. I should pay tribute to the great atmosphere created at home games by Cardiff City fans and the club’s welcome of away fans, which led to an award from the Premier League when the Bluebirds were in the top flight.

I should also praise the exemplary conduct exhibited by the Welsh supporters of our national team —the wal goch, as they are known in Wales—during home matches, as well as the electric atmosphere that they cultivate through their fervent renditions of anthems such as “Hen Wlad Fy Nhadau” and “Yma o Hyd”. It is to ensure that fans, including young children, are kept safe that my Bill is so important.

On Second Reading the issue was raised of why the measure applies only to football matches, because ticketless entry to venues is a concern for other sporting events, as well as live music and a range of other activities. For example, hon. Members will be aware of the tragedy that occurred at the O2 Brixton Academy in December 2022, where ticketless individuals, combined with poor organisation, might have played a role in two fatalities.

Some Members have suggested that the Bill could be more expansive in its remit. However, that would require much more extensive and lengthy consultation and evidence gathering. We have an opportunity here to amend legislation already on the statute book, with significant football events on the horizon. I think that justifies bringing forward a measure that applies specifically to football. I hope that the Government and Parliament will continue to explore the wider issue of safe entry to events and will support well-evidenced legislation on the matter.

There is only one amendment. It was tabled in my name and would alter the long title of the Bill, reflecting the fact that express provision is not required in the Bill to enable a football banning order to be imposed following conviction for the new offence that the Bill creates. When the long title was originally laid, we were not certain where the best home would be for the new offence of unauthorised entry to football matches.

However, as my Bill utilises the Football (Offences) Act 1991 as the appropriate place for the offence, it means that the courts are already empowered to impose a preventive football banning order against a person convicted of any offence under that Act. As we are inserting an offence into that, we have the amendment for the long title because the Bill does not need to contain a specific provision for the offence to be listed as one for which imposing a football banning order is available following conviction. In other words, that bit of the long title is otiose and can be shortened to reflect the actual effect of the Bill. I hope the Committee will assent to that minor technical change to the long title.

I hope the Committee will support my Bill as amended, acknowledging its significance in safeguarding the interests of football fans, players and the wider community. As I said, it has support across the House, from the cross-party Culture, Media and Sport Committee, from the Government and official Opposition. It has the support of the English Football Association and the Football Association of Wales, and the Football Supporters’ Association acknowledge its intent to keep fans safe.

[Dame Tracey Crouch (Chatham and Aylesford) (Con)]

I congratulate the hon. Gentleman on bringing forward the Bill. I was at the final and was caught in the surge of fans who were trying to rush the gates. It was incredibly scary, even for those of us who have been going to football matches for most of our lives. I was surrounded by young children who were there to enjoy that incredible opportunity for the England team. I pay tribute to the hon. Gentleman for bringing forward the legislation, which has cross-party support.

[Kevin Brennan]

I am extremely grateful for all the work the hon. Member has done on football. I participated on Second Reading of the Football Governance Bill recently. It was an enormous achievement on her part to get the Government to bring forward that Bill. It means a lot to me that she intervened and is here to support the legislation. I thank her for that.

By allowing the Bill to be reported, we can send a resounding message that such conduct as was seen at the Euro 2020 final will not be tolerated, emphasising the importance of ensuring safety and security when attending football matches. The legislation reaffirms our dedication to the wellbeing and integrity of football, and restores our collective duty to tackle the challenges confronting the sport. It upholds the role of the sport as a unifying force in our society. I urge hon. Members to endorse the Bill, including the amendment, thereby contributing to the enhancement, safety and enjoyment of football matches for all.

[Clive Efford (Eltham) (Lab)]

I also congratulate my hon. Friend the Member for Cardiff West on bringing forward this important piece of legislation. It is a small but important Bill, which will hopefully be very effective. We have seen issues around football caused by people who I do not think are football fans, because they bring our national game into disrepute. The behaviour of those people needs to be contained, and the Bill is a step forward in doing that. The danger that those people created, as has been alluded to, when they behaved in the way they did at that European final is completely unacceptable. As I have already said, it drags down the name of our national game. I congratulate my hon. Friend on what he is seeking to achieve.

On the issue of whether the Bill could be applied more widely, the legislation could be seen as a model for other sports to follow. If we get it in place, who is to say that there could not be further legislation that would encompass cricket, or any other sport that is suffering in a similar way from those people who are trying to gain illegal entry to competitions, bring them into disrepute and, in some cases, causing a dangerous situation? The Bill could become an exemplar for other sports to follow. I commend my hon. Friend the Member for Cardiff West for picking up this specific issue and taking it forwards.

--- Later in debate ---

[The Minister for Crime, Policing and Fire (Chris Philp)]

It is a pleasure, as always, to serve under your chairmanship, Dame Maria. I congratulate the hon. Member for Cardiff West on bringing forward this private Member’s Bill and for piloting it through its parliamentary stages with such aplomb and elan. His speech earlier describing the Bill and his amendment to it was comprehensive and accurate, so hon. Members will be relieved to hear that I do not think there is a great deal that I can usefully add to what he said.

All of us, on both sides of the Committee, share deep concern about what happened, particularly around the Euro 2020 finals, but that sort of practice did not just happen there; it is a more widespread problem. The measures in the Bill command the support of the police, the Football Association and the Premier League, so they will be welcomed by all those organisations and by football fans around the country. When football games are disrupted, it spoils the event for law-abiding members of the public going to see their team play, whether it is at Wembley, in Cardiff or anywhere else.

Given that the hon. Member for Cardiff West did such a good job explaining the provisions in the Bill, I do not want to test the Committee’s patience or indulgence by repeating what has already been said with such eloquence and flair. The Government fully support the Bill and are grateful to the hon. Member for his work. We look forward to seeing the Bill on the statute book and helping football fans across England and Wales to enjoy the fantastic national game.

[Kevin Brennan]

I thank the Minister for his support and his brevity in it, which I am sure is welcomed by everyone on the Committee. It is often said that everything has been said but not everyone has said it yet. However, the Minister broke that rule, which is welcome. I thank all my hon. Friends—they are my hon. Friends, from both sides of the House—for their contributions, and all other members of the Committee for being here. There is nothing else for me to add at this point.

Question put and agreed to.

Clause 1 accordingly ordered to stand part of the Bill.

Clause 2 ordered to stand part of the Bill.

Title

Amendment made: 1, in Title, line 1, leave out from “football matches” to “for which” in line 2.—(Kevin Brennan.)

This amendment would update the long title to reflect the fact that express provision is not required to enable a football banning order to be imposed following conviction of the new offence.

Question proposed, That the Chair do report the Bill, as amended, to the House.

[Kevin Brennan]

May I thank you, Dame Maria, for chairing our proceedings this morning? I once again thank all Committee members for coming along and supporting my Bill; the Clerks in the Public Bill Office; the Home Office officials, who have been extremely helpful; the police and Doorkeepers; and the Hansard reporters. Have I forgotten anybody? I am not allowed to refer to people in the Public Gallery. [Interruption.] Oh, my mum. Always! I also thank the Football Association and the Football Association of Wales, both of which have been very helpful. I also thank the Football Supporters’ Association and members of the Culture, Media and Sport Committee, who brought forward this recommendation in their report last December.

Question put and agreed to.

Bill, as amended, accordingly to be reported.