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 day, 21 hours 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.