Unauthorised Entry to Football Matches Bill Debate
Full Debate: Read Full DebateLinsey Farnsworth
Main Page: Linsey Farnsworth (Labour - Amber Valley)Department Debates - View all Linsey Farnsworth's debates with the Home Office
(1 month ago)
Public Bill CommitteesIt is a great pleasure to serve under your chairmanship, Mr Vickers. Following your guidance, I intend to speak to the whole Bill in my remarks. I thank everybody for coming along this morning; I hope that, with Members’ agreement, this former prosecutor can place a new offence on the statute books.
As the title suggests, the Bill is designed to address the issue of unauthorised entry to football matches. It creates a specific offence of entering, or attempting to enter, a designated football match in England and Wales without a ticket that the person is eligible to use. The Football Association reports that unauthorised entry to football matches causes significant operational, safety and security problems for major events at Wembley stadium, as well as football matches at other grounds across the country. Unauthorised entry commonly occurs when a person pushes through the turnstiles, often behind an unsuspecting, ticket-holding fan, which is known as tailgating, or colloquially as piggybacking or jibbing. There are often around 600 tailgating attempts per match for major events at Wembley stadium.
I recently attended the Carabao cup final with the Minister for Policing and Crime Prevention, who I am pleased is responding on behalf of the Government this morning. We were taken down to the turnstiles and within around 30 seconds we witnessed our first tailgater, with several more thereafter in the short period for which we there.
Such behaviour presents a danger not only to the stewards and security staff who seek to apprehend them, often leading to a scuffle, but to the safety and enjoyment of the fans, who should be free to enjoy the build-up to the game without the worry that this sort of incident brings. With the increased popularity of the women’s game, under the fantastic stewardship of the Lionesses, we see more and more families attending matches. In one tailgating scuffle that I witnessed, a young boy was knocked into. It is time that we take steps to safeguard fans from this sort of behaviour.
At worst, unauthorised entry takes the form of mass entry, where large crowds seek to push their way into the ground. Members may recall the disorder at Wembley stadium on 11 July 2021, during the UEFA Euro 2020 final, when an estimated 1,900 so-called fans entered without a ticket. Between 1,200 and 1,300 managed to get into the inner areas of the ground, creating further danger. Of course, unauthorised fans do not have allocated seating, and their entry to the ground, particularly when it occurs in large numbers, creates problems of overcrowding and blocking of gangways and staircases.
For me, this is of personal significance. My friends Ross and Siobhan were at the game that day. They are avid sports fans who attend many sporting events across the world. Despite usually feeling at ease in those surroundings, it was a frightening experience that day. Siobhan told me:
“We arrived Wembley around an hour before kick off…it was obvious that things were not as they should be…I felt very uneasy about the atmosphere…We went to the turnstiles, which were still very busy and there were people there without a ticket who had managed to get through the first ticket check and were asking people to let them push through with them…I’ve been to many events at Wembley that are sold out and have never seen it in such a mess. We went straight to our seats which we were able to reclaim from the people occupying them at the time and the rows were overfilled and the stairways were full of people…The place was clearly filled way past capacity…Overall I found it to be unpleasant and a potentially dangerous environment…It has put me off…attending England games and I haven’t been to one since.”
That is from an avid sports fan.
Following the 2020 final, Baroness Louise Casey was commissioned to conduct an independent review. Her report found:
“Unauthorised entry to football grounds does not attract specific enforcement measures and is unlikely to have long-term consequences sufficient to deter repetition or emulation.”
Baroness Casey’s report was, sadly, prescient. At the UEFA champions league final at Wembley stadium on 1 June 2024, there were around 1,000 tailgating attempts and three mass entry attempts by around 300 to 400 people.
At present, people gaining entry without a ticket are likely to be ejected but not to face any other consequences. Those attempting to gain entry are moved on, but will often try again and again to get in. There is no specific offence of entering a football match without a ticket. The Bill seeks to remedy that.
Clause 1 will create a specific offence of unauthorised entry to premises for the purpose of attending a designated football match, by inserting a new offence into the Football (Offences) Act 1991. The offence aims to deter people from attempting to enter stadiums without a valid ticket.
I congratulate my hon. Friend on introducing the Bill; it is an honour to serve under your chairmanship, Mr Vickers. I declare an interest as a member of the all-party parliamentary group for football supporters and a proud Aston Villa season ticket holder. Can my hon. Friend explain why the Bill uses the word “premises” rather than “stadium”?
I am grateful to my hon. Friend for the intervention, and I commiserate with him on his choice of football team—I put on record that Everton are a much more preferable team to follow. As Siobhan described, at the Wembley incident, fans managed to get through the first ticket check. Many stadiums, including Wembley, have a wider perimeter cordon that protects fans. The use of “premises” rather than “stadium” would allow arrests to be made and prosecutions to be brought if someone went through that first cordon, before there is danger in the stadium itself.
As a member of the Justice Committee and former Crown prosecutor, I am only too aware of the extensive court backlogs, particularly in the Crown court. The offence in the Bill is summary only, and the maximum sentence is a £1,000 fine; it can therefore be tried only in the magistrates court. The offence strikes a balance by ensuring a sufficient deterrent against tailgating and mass entry while not adding to the court backlog. The stronger deterrent, however, is that a conviction for an offence is likely to lead to a court-imposed football banning order, which would prevent a person from attending football matches for between three and five years, with a potential prison sentence if the banning order is not obeyed.
The Bill encompasses the designated matches set out in orders made under section 1 of the Football (Offences) Act 1991. Currently, those are matches in the premier league, the championship, leagues one and two, the national league, the women’s super league and championship, the Cymru premier league, and international fixtures held in England and Wales.
It is a pleasure to serve under your chairmanship, Mr Vickers. I declare my interests as a season ticket holder at Portsmouth football club and as an elected member of the board of Pompey Supporters’ Trust. I thank my hon. Friend for introducing the Bill. I understand the need for it, but members of the public buy tickets not only for football matches but for other large events, such as other sporting or music events. Why is she seeking to change the rules only for football?
I thank my hon. Friend for her attendance today; she is a real champion for her football team and her constituency, and I am sure that they will be grateful for her attendance. She raises a valid point: this offence could apply to other sporting events. Sadly, there have also been tragic incidents at music festivals, such as at the O2 Academy. However, the legislation is being introduced as a private Member’s Bill, and in order to effectively change the law through this mechanism it needs to be quite contained in nature. When I went to Wembley and spoke to the police and staff there, they indicated that football was a type of event where this regularly happens. That is where the risk lies, particularly at the most competitive games. It could equally apply to other types of event if the Government saw fit. The staff at Wembley voiced concerns about some of the upcoming sold-out gigs; I will not mention the band in question, but if I could get tickets, I would—but I will not be tailgating at that event.
I served on the Public Bill Committee for the Terrorism (Protection of Premises) Act 2025—commonly known as Martin’s law—which received Royal Assent on 3 April this year. Although that Act deals with a different type of threat to the public, and is a different type of safety measure, it is clear that this Government are keen on keeping members of the public safe at all kinds of events. I hope that Parliament considers whether the Bill could be the start of greater protections at other events, as suggested by my hon. Friend the Member for Portsmouth North.
Clause 1 provides a number of defences. A defendant can show that he or she had lawful excuse or authority to enter or attempt to enter the premises for a specific purpose. That would cover, for example, employees, journalists and emergency workers at the ground. It is also a defence if a person entered through an entry point normally used for spectators while believing that they had a ticket for the match when they did not. In other words, it is a defence to show that that person unwittingly held a counterfeit ticket. The Bill is not about villainising football fans, and this defence acknowledges that fans are sadly sometimes duped by unscrupulous ticket fraudsters.
The final defence is using a ticket that the defendant was not entitled to, for example, an adult using a child’s ticket. There is a defence for that, because in those circumstances there would be a reserved seat, so the safety issue is not fair. Again, that demonstrates that the Bill is about the safety and safeguarding of football fans.
It is a pleasure to serve under your chairmanship, Mr Vickers. I declare my interest as a season ticket holder at Tottenham Hotspur, both home and away—I suffer, yes. The hon. Lady is rightly referring to match tickets. The vast majority of premier league clubs have now moved to digital tickets, so that individuals have to produce a smartphone of some form. Those digital tickets can also be transferred to other people. Will the hon. Lady make it clear that the Bill applies to digital tickets as well as physical, printed tickets?
The hon. Member is absolutely correct that in the modern day not many people have paper tickets. The Bill will apply equally to the electronic version, so I am grateful to him for allowing me to clarify.
It is a pleasure to serve under your chairship, Mr Vickers. I have read paragraph 19 of the explanatory notes, but given the physicality of the description in the Bill, what is the legal justification for saying that it also covers electronic tickets? We can assume that it does, but I can see a defence barrister making a lot of the physicality in the description in proposed new section 1A(4) of the 1991 Act. There must be some legal reason why we can say absolutely that that description includes electronic tickets.
Proposed new section 1A(4) of the 1991 Act says:
“‘match ticket’ means a ticket or other thing (whether in physical or electronic form),”
so I think that is expressed in the Bill, but I am grateful to the hon. Member.
Baroness Louise Casey, in her report following the Euro 2020 final, concluded that the events of that day could have resulted in a tragic loss of life. Given that England, Wales, Scotland, Northern Ireland and the Republic of Ireland are set to jointly host the Euro 2028 competition, the time for this Bill to pass is now. I urge the Committee to support the Bill, which is backed by major football bodies, such as the English Football Association and the Football Association of Wales. I thank both bodies for their assistance. The Bill is also supported by His Majesty’s official Opposition and the Government.
I extend my thanks to Lord Brennan of Canton, the former Member for Cardiff West, whose version of the Bill ran out of time at the last general election. The work he did as the original sponsor to get the Bill through this place in the last Parliament has undoubtedly made my job much easier. If the Bill moves beyond Committee stage today and passes Third Reading in this House, we both hope that he will be able to oversee its passage through the House of Lords, in what I am advised could be a unique parliamentary example of starting a Bill in one House and finishing in another.
It is fitting to end with the remarks of Lord Brennan in a previous debate:
“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.”––[Official Report, Unauthorised Entry to Football Matches Public Bill Committee, 8 May 2024; c. 6.]
I could not have said it better myself.
It is a pleasure to serve under your chairmanship, Mr Vickers—it feels a bit like a reunion of the Backbench Business Committee. I thank my hon. Friend the Member for Amber Valley for bringing the Bill back to the House. As has been mentioned, the issue was raised in the previous Parliament, and I am hopeful that we can continue to have cross-party agreement on it.
I declare an interest, as a supporter not of a premier league team or even a championship team, but of a non-league football team, my beloved Harlow Town, both at home and away. Not all football clubs are full of cash to make multimillion-pound signings, and people jumping barriers can have a huge impact on a club’s finances—notice that I use the word “people”, and not “fans”.
Although support for the Bill ultimately comes down to a question of safety, as my hon. Friend has correctly outlined, I want to talk briefly about the issue of fairness. There should absolutely be consequences for those who try to enter a football ground without a valid ticket. Many people in Harlow and beyond pay good money for football tickets. They work hard all week and going to watch a football game is something that they, like me, enjoy. They should be able to do so in a fair way, and it is not fair that others do so without paying for a ticket.
Even non-league football clubs impose a maximum capacity, and they do so for safety reasons. It is important that clubs know how many people are at a game and can stop people entering, particularly those who have previously displayed poor or unacceptable behaviour.
I will keep my remarks short, but once again I thank my hon. Friend the Member for Amber Valley for bringing the Bill forward. I hope it will give confidence—to those who give up their time, voluntarily in non-league cases, to man the turnstiles and do all the other things at football grounds that bring the community together—that people will not be able to get away with tailgating, and that only those with a correct ticket will be able to enter the ground.
I think I have got to the bottom of it. The Bill that has been printed for the Committee today is the old Bill, which has since been slightly amended to deal with that very point. That is why there is confusion, because I have a copy of the new version of the Bill.
A ticket that has already been used? I am trying to remember; I think it goes back to the purpose of this change in the law and the desired effect of increased safety. If there is a valid ticket, there is a reserved seat, which is what I think the defence is getting at. The offence is being introduced to prevent overcrowding.
If someone is using a ticket that has already been used, it is an overcrowding issue, so is there a flaw in that change? The previous drafting made sense: if two people had a photocopy of the same ticket, and knowingly attempted to enter using that same ticket, that was not a defence under the original drafting, unless they reasonably believed that the ticket had not already been used. That has been removed in the final version, and I wonder whether that is a mistake in the drafting—I cannot see the logic of that.
I think I will call Linsey Farnsworth to wind up, and perhaps she could clarify the situation before we move to the vote.
Thank you, Mr Vickers. I thank all Members for their contributions today, as well as the Minister and the shadow Minister. I will return to the comments that the Minister kindly made about members of staff—
I just want to say that, if there is anything that the hon. Lady wishes to correct, that can always be done on Report.
I am grateful to the hon. Gentleman, and I will look into that. I remember discussing the changes to proposed new section 1A(3) with the advisers here, and I remember being satisfied that there was good reason for them. I am very sorry that I cannot bring those reasons to mind at the moment, but I will commit to looking at that during the remaining stages of the Bill’s passage.
One of the challenges with electronic tickets is that people can print them out multiple times. When fans approach the ground, those tickets are barcoded and will be scanned, and multiple copies can be scanned to allow entry, which would mean that someone could potentially enter illegally. On Report, the hon. Lady may wish to look at a way of ensuring that making duplicates would also become an offence.
I am grateful to the hon. Gentlemen for their contributions. I will commit to looking at that issue again and tabling any necessary amendments on Report, perhaps in conjunction with the Minister.
Going back to the Minister’s comments on the Fraud Act and the Theft Act, it is correct that members of staff can be charged under those offences, if the evidence allows and if the Crown Prosecution Service’s public interest test is met. With a member of staff, there is a level of trust and a duty of care to members of the public coming into the stadium. Because of that duty of care, it is more likely that an either-way offence, which takes up more time and resource in the court, would meet the public interest test than a member of the public turning up without a ticket. I think that there is already provision for those hopefully rare circumstances.
What we are trying to do with the Bill is provide a summary-only offence, with the deterrent of the football banning order, to deal with offences that are committed in much bigger volumes, while not clogging up the court system. I think the Bill strikes that balance, and there are those provisions for the prosecution of members and staff, as and when that happens. I think that is everything I wanted to cover.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clause 2 ordered to stand part of the Bill.
Bill to be reported, without amendment.
Unauthorised Entry to Football Matches Bill Debate
Full Debate: Read Full DebateLinsey Farnsworth
Main Page: Linsey Farnsworth (Labour - Amber Valley)Department Debates - View all Linsey Farnsworth's debates with the Home Office
(2 weeks, 6 days ago)
Commons ChamberI rise to thank the hon. Member for Christchurch (Sir Christopher Chope) for his careful consideration of my Bill, although I am somewhat saddened by his suggestion that this is a trivial matter. As he himself went on to say, we saw scenes at the Carabao cup final that were very troubling and warranted a full report from Baroness Casey. She made an excellent report, with some very good observations and recommendations. Indeed, she said that there should be a deterrent effect to any recommendations that are brought in. I submit that the Bill provides just that.
I also rise to oppose amendments 1 to 6. On amendments 1 to 5 and the issue of attempted entry, attempted entry places a particular pressure on stadium security and often requires police involvement. It is often extremely crowded outside stadiums, with scuffles, struggles and chases through the crowd when people try to enter without a ticket. Including attempted entry allows law enforcement to act before the breach of a stadium occurs and that provides an additional level of security.
I was at the Carabao cup final this year. My right hon. Friend the Minister for Policing and Crime Prevention and I were taken down to the turnstiles with the police. We witnessed tailgating almost immediately. We also saw an attempted tailgating incident, which involved a man in his 70s or early 80s standing at the turnstiles shouting to the stewards for help and assistance because somebody behind him was trying to push their way into the ground. It was frightening for him. He stood his ground—I pay tribute to him for doing so—but it could have been dangerous. Indeed, it was dangerous with the amount of people who were around.
I submit that it flies in the face of common sense to release people who have a clear intention to get into a stadium. The police told me that those sorts of attempts are made repeatedly, time and time again. At the moment, the police do not have the power to arrest them. They detain them, but then have to release them. People just go back and try to get in again. It is a constant cat and mouse, as it were, and throughout that period people are put in danger from that action. To omit the offence of attempting entry would take us no further from the current position that the police find themselves in. Including attempt in the Bill gives the best chance of equipping the police to deal with this issue and keep everybody as safe as they possibly can.
On amendment 6, regarding a timescale, my understanding is that the Bill is designed to come into force via regulations so that that can be aligned with the start of the football calendar. That will ensure that all relevant organisations have time to prepare, co-ordinate and train accordingly. As a Crown prosecutor for 21 years before I came to this place, I understand at first hand the importance of allowing sufficient time for changes in legislation to be implemented, for staff to be trained and for proper resources to be put in place by the police, the Crown Prosecution Service and, most importantly, by the stadiums themselves.
I am grateful to the hon. Lady for giving way and for the diligence with which she has approached this subject, including having discussed it on several occasions with me. She says that instead of a date being specified in the Bill, regulations will be passed to bring in the provisions at the beginning of the football season. When is that? Is there a particular date?
I perhaps misspoke; my understanding is that it is to align with the football calendar rather than the start of the season. Perhaps the Minister can clarify that in due course. We are now on a countdown to the start of the football season. My husband, being a season ticket holder for Coventry City FC, is very disappointed that we will be on holiday at the start of the football season in August. Obviously it is unlikely that we will get the provisions in place by then, but the important thing is to get the legislation in place in time for when we co-host the next European finals, which is in 2028. I think we should be in good time for that. A fixed date of two months after Royal Assent would be sufficient time to get everything in place.
As I mentioned earlier, the Bill has a deterrent element to it. Baroness Casey’s recommendation was to make sure that it is a proper deterrent. We need to be ready, and we need to make sure that as soon as the legislation kicks off, we send a clear message that this sort of behaviour will not be tolerated any longer and people will not be able to get away with it. I hope I have provided a thorough and detailed response that satisfies the hon. Member for Christchurch, and I respectfully urge him to withdraw his amendment.
I rise to support my hon. Friend the Member for Christchurch (Sir Christopher Chope). It seems to me that the way that he introduced his very modest amendment to remove the word “attempts” was entirely proper. I support the Bill, but I think it is quite dangerous to introduce an offence into criminal law of just attempting to enter a football ground, because it is quite difficult to gather evidence of or police that.
I assure the hon. Member for Amber Valley (Linsey Farnsworth) that I do not want to delay matters much. I will keep my remarks short, because I support the general principle of the Bill. I support making it a criminal offence to actually enter a designated football match; that is in the Bill’s long title and is something we can all agree on. Widening the scope of the Bill to include attempts to enter a ground is quite dangerous.
I assume that the amendments tabled by my hon. Friend the Member for Christchurch will be rejected, but I wonder whether it would unduly weaken the Bill if they were passed. After all, the Bill is about having a legal deterrent to crowds of people seeking to force their way into a football ground, but there may be many other ways in which people attempt to get into a football ground that are not riotous disorder and may be quite honest in intention.
When creating criminal law, it is dangerous to get into aspects of intention—mens rea, as lawyers call it—rather than, in this case, the actual legal fact of entering a football ground. If the law were not changed, someone engaging in this bad behaviour could be punished only by ejection from the stadium, but there are criminal laws of trespass and many other ways in which this very bad behaviour can be identified. When Baroness Casey identified in her review the absence of specific offences as a weakness in stadium enforcement, I am not sure whether she was referring to such minor infringements as attempting to enter a football ground. I will say more about that in a moment.
I know that the key motivation for the Bill was the Euro 2020 final and the chaos at Wembley when hundreds of ticketless individuals stormed the venue, overwhelmed stewards and endangered legitimate fans. That mass unauthorised entry posed real risks, but that was really a riot. That is quite a different situation from somebody on their own, or perhaps a father with his children, attempting to get into a football ground when they may not have a ticket. They may have been mis-sold a ticket—they may believe that they have a genuine ticket. They may have been sold, at vast cost, a ticket by a ticket tout, but apparently now they will face the full force of the criminal law.
Under the Bill, police and courts will be able to ban repeat offenders, as it makes offenders eligible for football banning orders. Those are quite serious consequences for people who may not be rioters at all; they may just be genuine football fans. We are talking about a fine of up to £1,000 and a trial in a magistrates court. I know that such cases will not go to a Crown court, but that is still a very serious matter for somebody who might just be attempting to enter a place.
We will be told by the Bill’s supporters that its enforcement is practical. I understand how entry into a football ground could be enforced, but I am unsure about enforcing an attempt to get into a football ground. Surely police and stewards need clarity. There is no point in us introducing more and more laws when we have a whole slate of traditional laws against riotous behaviour. Laws that may be difficult to enforce just bring the whole system into disrepute.
I know that football clubs, police forces and fans’ organisations largely support the Bill, but I am not sure whether they are aware just how widely it is framed. I am sure that if they could talk these matters through with my hon. Friend, they would think his amendment was a wise and moderate compromise, because people already assume that it is an offence to enter a football ground without a ticket; I agree that the Bill removes the gap between assumption and reality.
The other thing that slightly worries me is that while I can quite understand how such attempts could be dealt with by a premier league club, which has stewards and the whole panoply of a large football club, we should consider small clubs such as Gainsborough Trinity FC in my constituency. These small clubs have faced huge challenges, and we are just introducing more burdens on them. During covid, Gainsborough suspended season tickets and capped attendance at just 300.
Small clubs already have to deal with many regulations and with public health. Their finances are very marginal, and covid worsened already fragile financial situations. I hope that when we consider these undoubtedly worthy Bills—as we look at the Euros, Wembley and all the rest of it—that impose more obligations on football clubs, we remember smaller clubs.
The Football Association is not always as helpful as it can be with small clubs. Big clubs get attention and support, so it may well be possible for them to police attempts to enter, but it may be more difficult for a tiny club—a very worthy, important and wonderful club such as Gainsborough Trinity FC—to deal with the intricacies of the law and understand it.
We are talking about enforcement and police resources, and therefore the measures in the Bill should be very moderate. There would be £1,000 fines or long banning orders. Are we going to drag people before the courts? I have already talked about the father attempting an entry. Could children or young people who sneak in without harmful intent face having a criminal record? Are we really going to do that? Is that the sort of country we want to create?
We do not have a lot of data on how many attempts there are or how much unauthorised entry there is. We should acknowledge that the Euro 2020 final was exceptional. It is unclear whether making this kind of permanent legislative change, and rejecting the amendments, will solve the problem.
On the data, the FA reports that approximately 600 people regularly attempt to tailgate at matches at Wembley and other competitive games at grounds across the country. It is not the odd person every now and again; people are regularly trying, over and over again, to get into football grounds. That is why it is important that “attempt” is included. Does the right hon. Gentleman recognise that?
The hon. Lady makes a fair point, but I am making a point about smaller clubs. We are here because of a political reaction to the embarrassment created by one major failure, but we cannot base good law on one major failure that was on all our television screens. We have to look at all clubs and consider all the difficulties that they would have in implementing this change.
I beg to move, That the Bill be now read the Third time.
It is an honour to stand in the Chamber today and present this Bill for its Third Reading, particularly as a lifelong football fan. I put on record that I am a proud Everton supporter—my staff have all too gleefully reminded me that this may be the nearest thing to football-related success that I experience for a long time. Our men’s team last won a major trophy in 1995, and the women’s in 2010, so I am sure Members can imagine my delight when I saw the Amber Valley Codnor Sapphires girls under-10s team win the plate in a tournament in Heanor last Sunday. I am told that two other teams from my constituency, Sleetmoor under-13s ladies and Heanor Junior Hawks, also won trophies that day. I live in hope that Everton can follow suit and get their hands on some silverware at our new ground next season.
Football has a rich and impressive history. It bridges communities and brings people together, cutting across generational, gender-based, geographical, cultural and class divides. It is a sport of opportunity and hope that sees girls and boys who began by playing on the streets of their home towns becoming superstars and role models with platforms from which they can enact real change, as we saw during covid with Marcus Rashford’s free school meals campaign. The rules of modern football are thought to have been drawn up in 1863, not far from this place at the Freemasons’ Tavern in London. There, among other things, the somewhat important rule that carrying the ball with hands is not allowed was agreed on. Sadly, the referee seemed to forget that in the infamous 1986 world cup quarter-final between Argentina and England, in which Maradona produced his “hand of God” moment. The introduction of the video assistant referee means that today, such a goal would rightly be ruled out—not that us England fans are bitter.
As these examples show, football is in a constant state of change and evolution. It is not only right that as the sport evolves and progresses, the regulations around it adapt to reflect and facilitate those changes—it is paramount. That brings me to my Bill, which considers the issue of unauthorised entry to football matches from a fan safety perspective. It aims to ensure that proper legislation is in place to protect fans and prevent overcrowding in stadiums. As we have heard, unauthorised entry often takes the form of tailgating, also called jibbing. That is where a ticketless person pushes through the turnstiles behind an unsuspecting ticket-holding fan. Currently, if caught, tailgaters will likely be ejected without facing any other consequences; therefore, ticketless individuals can and do repeatedly attempt to gain entry to a match until they give up or are successful.
This is not a trivial matter—it has significant consequences for the fans in the stadium, and for the stewards and security staff working there. According to the Football Association, unauthorised entry to football matches results in operational, safety and security problems at major events. There are regularly 600 tailgating attempts at major games at Wembley and at grounds across the country. Occasionally, there are also instances of mass entry, where large crowds of people try to push their way into the stadium. The potential consequences of this kind of mass entry are both dangerous and tragic.
In July 2021, during the Euros final, around 1,900 ticketless individuals entered Wembley stadium. It is estimated that around 1,200 to 1,300 of those individuals got into the inner areas of the ground. Two of my friends, Ross and Siobhan, were at the match that day. They are both extremely experienced supporters of many sports, and travel to attend games at many grounds around the world. They were excited that day to watch the game, to experience at first hand the charged atmosphere of such a significant match, and to get behind their team. Unfortunately, they did not have the usual experience that they rightly hoped for. Siobhan told me:
“We arrived Wembley around an hour before kick off…it was obvious that things were not as they should be…I felt very uneasy about the atmosphere…We went to the turnstiles, which were still very busy and there were people there without a ticket who had managed to get through the first ticket check and were asking people to let them push through with them…I’ve been to many events at Wembley that are sold out and have never seen it in such a mess. We went straight to our seats which we were able to reclaim from the people occupying them at the time and the rows were overfilled and the stairways were full of people…The place was clearly filled way past capacity…Overall I found it to be unpleasant and a potentially dangerous environment…It has put me off…attending England games and I haven’t been to one since.”
My friends were not alone in feeling like that. Baroness Louise Casey was commissioned to conduct an independent review into the events of the Euros final, which she described as turning
“ a day of national pride into a day of shame”.
The report finds:
“The drunkenness, drug taking, irresponsibility, criminality, and abuse of innocent people—including staff, families, and disabled ticket holders—was shocking and intolerable.”
Baroness Casey also writes:
“There were a series of crowd ‘near misses’ which could have led to significant injuries or even death”.
She concluded:
“The existing enforcement mechanisms available to the police and other enforcement officers do not offer enough deterrent against those determined to use the cover of football matches to commit criminal offences. Tailgating, for example, should become a criminal offence. Sanctions for those breaking into football stadiums and/or recklessly endangering lives is weak.”
My Bill aims to rectify that by inserting a new specific offence into the Football (Offences) Act 1991, namely entering or attempting to enter a designated football match in England and Wales without a ticket that the person is eligible to use. The offence, as we have heard, is summary only and carries a maximum sentence of a £1,000 fine. It can be tried only in a magistrates court, which will help with the big core backlog in the Crown courts. A conviction is likely to lead to a court-imposed football banning order, preventing the person in question attending matches for between three and five years. There is a potential prison sentence if the banning order is breached.
The offence, and the banning order in particular, is intended to act as the long-term deterrent that Baroness Casey identified a need for in her report. If passed, the Bill would apply to matches set out in orders made under section 1 of the 1991 Act. As it stands, those are matches in the premier league, championship, leagues one and two, national league, women’s super league, women’s super league 2—previously called the championship—and Cymru premier league, and international fixtures held in England and Wales.
After I did an interview with Radio Derby about the Bill, I was touched to hear from my friend, and Amber Valley borough council’s longest-serving councillor, John McCabe. Incidentally, he was also probably one of the longest-suffering Nottingham Forest football club fans. He has sadly passed away since he left me a voicemail message that morning, which I still have. He opened with his characteristic greeting, “’Ey up, Linsey,” before talking about unauthorised entry in his youth. He said,
“Well done…It’s been happening for years—it used to happen when I were about eleven—they used to say ‘lift him over, he’ll be alright,’ but it’s been happening for years that Linsey.”
That “Well done” sticks with me, and his words and reflections on witnessing unauthorised entry aged 11 further demonstrate the long-standing need for the kind of reform that the Bill proposes.
I will now turn to some queries that were put to me during the Bill’s various stages. First, the Bill uses the word “premises” instead of “stadium”, to allow for arrests to be made and prosecutions to be brought against people going through the first cordon where a ticket would need to be displayed, preventing danger to the stadium itself. In Committee, the hon. Member for Harrow East (Bob Blackman) raised a concern regarding the challenges of electronic ticketing and ticket duplication as a means to illegally provide entry to matches. I thank him for his concern and assure him that that would be captured by section 166 of the Criminal Justice and Public Order Act 1994—a provision that covers the unauthorised resale of match tickets, commonly referred to as ticket touting.
Also in Committee, the hon. Member for Wimbledon (Mr Kohler) asked about the change to the wording of proposed new section 1A(3) of the 1991 Act in the version of the Bill promoted by Lord Brennan of Canton, which fell at the general election. The provision outlines proposed possible defences. Proposed new section 1A(3)(b) in my version of the Bill has been edited so that it covers cases in which a person “reasonably believed” that they had a ticket for the match but in fact did not. That is to ensure that a person who innocently buys a counterfeit ticket is not criminalised under this offence, which is specifically about fan safety and preventing overcrowding. As before, the defence also applies in relation to a person using a genuine ticket that they are not eligible to use—for example, an adult using a child’s ticket. Again, because there would already be a reserved seat in the stadium, safety would not be an issue with respect to overcrowding. The Bill, it should be clear, is about safety and the safeguarding of football fans, not villainising genuine supporters.
The hon. Member for Wimbledon wondered whether that alteration might have the unintended consequence of allowing a defence if a person used a ticket that had already been used, regardless of whether they had done so deliberately. I promised that I would raise that with the Home Office legal advisers and the Office of the Parliamentary Counsel, which I did. They confirmed that a person attempting to reuse a ticket could not be said to reasonably believe that they possessed valid authorisation to enter, meaning that the statutory defence under proposed new section 1A(3)(b) would not apply. Furthermore, in practical terms, the court is likely to interpret the provision as meaning that a person is not eligible to reuse a previously used ticket, consistent with the intent to prevent unauthorised access to football stadiums. I thank the Home Office legal advisers and the Office of the Parliamentary Counsel for their help in clarifying that matter.
Finally, let me address why the Bill deals with football matches specifically. Of course, the danger posed by overcrowding is not limited to football and is prevalent in other highly attended sporting and entertainment events; however, this is a private Member’s Bill, and as we have heard, in many instances it is best to limit them in nature if one is to successfully change the law within the prescribed timeframe.
I visited Wembley to watch the Carabao cup final with the Minister for Policing and Crime Prevention. We witnessed tailgating taking place and when I spoke to staff in the police, they suggested that football specifically was an event at which unauthorised entry regularly happens and that it poses a serious risk at the most competitive games. In the light of the upcoming Euro 2028, which I am glad to say is being jointly hosted by the UK and Ireland, it is necessary that legislation to protect fans is passed as soon as possible, so that it can come into effect and be a proper deterrent beforehand. If passed, my Bill guarantees that that would happen.
I will make some progress, thank you.
Staff at Wembley also had concerns about upcoming sold-out music events. It is clear that unauthorised entry and overcrowding could pose security and safety risks beyond football, and I hope that Parliament will consider legislation that expands the logic of the Bill to address those other areas, including other big music and sport events, on another occasion.
With the leave of the House, I associate myself with the tribute to the Ibrox victims given so movingly by my hon. Friend the Member for Cumbernauld and Kirkintilloch (Katrina Murray).
There are many people I would like to thank for helping to get the Bill to this stage, but first I will speak about footballer, vice-captain and much-loved daughter and sister Maddy Cusack, who lived in my constituency in Horsley and passed away tragically in September 2023. I dedicate this Bill to her, with the knowledge that she would approve of its contents, given her love for the game and for the safety of the fans who came to watch her light up the pitch week in, week out. The Maddy Cusack Foundation has been set up in her honour, with the aim of continuing her legacy. The foundation has done wonderful work, providing opportunities and inspiring young girls and women in football, including sponsoring local teams to ensure that the next generation of footballers is equipped to face the world in the fierce, determined and spirited manner that Maddy faced it. I encourage Members, in their own time, to look into the wonderful work that the foundation is doing.
I thank the Football Association and the Football Association of Wales, which have both supported this Bill; the Clerks and civil servants who helped to draft it and offered support throughout the process; the Members who took it through Committee; and my hon. Friends the Members for Uxbridge and South Ruislip (Danny Beales) and for Hartlepool (Mr Brash), who co-sponsored the Bill. I thank Baroness Casey for her report and the important work she has done around fan safety, and I thank my staff, who provide continued guidance and support. I must also extend my thanks to Lord Brennan, whose work as the original promoter of the Bill has been invaluable.
Football is a game of two halves. At the risk of creating an overstretched analogy, I believe it is fitting that the second half of this Bill and its journey should be played out under Lord Brennan’s capable guidance and captaincy in the other place, should it pass today. If the Bill passes, I will happily pass the armband to him.
Question put and agreed to.
Bill accordingly read the Third time and passed.