Birmingham Commonwealth Games Bill [HL] Debate
Full Debate: Read Full DebateLord Ashton of Hyde
Main Page: Lord Ashton of Hyde (Non-affiliated - Excepted Hereditary)Department Debates - View all Lord Ashton of Hyde's debates with the Department for Digital, Culture, Media & Sport
(5 years, 1 month ago)
Lords ChamberMy Lords, as the noble Lord, Lord Moynihan, said, this is actually the heart of the debate we have been having on the Games, concentrated in one very small group of amendments. As he says, it may well be that we can take all the tricks that are on the table—if that metaphor actually works—at the same time if we get this right. However, as the noble Lord, Lord Addington, said, that will largely depend on the Minister’s response because a lot of this is about how we judge the need to ensure that the legislation that goes through this House—and, presumably, very quickly through the other place thereafter—contains the minimum requirements appropriate for Games of this scale and stature. As I have mentioned before, it is important to note that these Games, unlike the others that we have looked at before, are very much in the direct control of the Government because the organising committee will be a non-departmental public body and the accounting officer of the department will therefore have legal and statutory responsibilities, as well as those that we might want to have placed on the organising committee and its staff in the approach to any other Games.
We want to ensure that the requirements are appropriate but not an undue burden on the organising committee in its main role, which is to produce a brilliant Games for the audience and the participants, to make sure that there is an appropriate and long-lasting urban regeneration programme for the people of Birmingham, and that we have a legacy—a point that has been made by others who have spoken—that is not just immediate but long-lasting and affects the culture and health of everyone in this country as a result of seeing, and possibly experiencing, the Games. That is a big ask for legislation that is just a few words on a piece of paper, but the issue can be addressed.
I turn to Amendment 8, which is in the name of my noble friend Lord Griffiths of Burry Port, but I confess that I had a hand in it. It follows from the point made in Committee that we are not thinking widely enough if we restrict our concern to how the Games are received across the country, and indeed across the world, and do not think about the broadcasting element. This issue came up recently in relation to cricket but it has much wider resonance. The way that this country deals with listed events sometimes runs counter to a common-sense approach to what should be available to people, particularly in this case. I say this without in any sense trying to use it as an excuse. If the Government are taking responsibility for funding a proportion of the Games, they must also take on the responsibility of relating to the people who are paying for them through taxation. One way in which they could discharge that responsibility is by making the Games accessible through free-to-air terrestrial television, but that would require a change to the rules on the listing of events. The amendment therefore seeks to press the Government to look again at the way in which Ofcom deals with that and, if necessary, to amend or impose conditions relating to the broadcasting of the Games on a free-to-air basis. I look forward to the Government’s response.
That is the method that I want to use to test whether government Amendment 4, to which the Minister will speak shortly, meets the issues that have been raised throughout the House, including by the noble Lords, Lord Moynihan and Lord Addington, my noble friend Lord Hunt and the noble Baroness, Lady Brinton, in a very moving speech. If we are to place all our hopes on the Government’s amendment to ensure that the annual reports are extended or carried on in legacy terms by Birmingham City Council, as my noble friend Lord Hunt said, the annual reporting specified needs to be sufficient to capture the spirit laid out in the amendments from the noble Lord, Lord Moynihan, and others.
Amendment 4 says that the report must include certain elements about the delivery of the Games and details of how they promote the values of the Commonwealth Games Federation, which, as has already been mentioned, includes a huge amount of additional activity. I accept all that; the Commonwealth Games has done a great deal of work on these issues, which is reflected in the values. However, I hope the Minister will recognise that proposed new subsection (2)(c) simply refers to,
“details of what the Organising Committee has done to ensure that Games events are accessible to disabled people”.
The wording used by the noble Lords, Lord Moynihan and Lord Addington, and the noble Baroness, Lady Brinton, in Amendment 5 is much more appropriate. I am not seeking a change to the wording, but I wonder whether the Minister recognises the very obvious point that by not mentioning that the Games participants will include disabled people, and all that implies, the question remains as to why that wording is not used. The simple reference to “accessible” does not pick up the richness of the points made by the noble Baroness, Lady Brinton, in the absence of the noble Baroness, Lady Grey-Thompson. However, the recommendations could be improved if we had more of a sense of what will be in the charter.
On sustainability, the amendment framed by the noble Lord on behalf of the Government refers at subsection (2)(d) to,
“details of what the Organising Committee has done to promote sustainability”.
However, if we read across, the charter refers not just to sustainability but to specific development goals and COP 21. It is therefore much richer and more engaged with what the issues are about.
I will not go through all these points, but I accept, as I think noble Lord, Lord Moynihan, does, that if we got behind Amendment 4 and it became the main focus of what we are trying to achieve in setting standards for the Games that are not burdensome but will reflect the importance of human rights, the elimination of fraud and corruption, the carrying out of sustainable development activities, and most particularly—because it is the most important aspect—the acceptance that these Games reflect the totality of human existence, whether able or disabled in terms of performance, and that they therefore must be accessible to all, not just in terms of physical presence but on broadcasting media, then I think we will be moving in the right direction. But it is important that we hear from the Minister whether he thinks the amendment, as drafted, does that. If not, might he be prepared to reflect on what has been said during this short debate and bring it back at Third Reading in a slightly better form to reflect the issues raised here?
My Lords, I am very grateful for the opportunity to discuss these amendments and for noble Lords’ constructive comments. I should say right at the beginning that I have been struck all the way through the passage of the Bill by the fact that there is cross-party consensus that this is a good idea, that the Games will provide a tremendous opportunity for the West Midlands and Birmingham, and that amendments from noble Lords are, as I said at Second Reading, trying to improve the Bill. I am taking this on board seriously. That is why we have made some changes and amendments, and I hope that by the end of my remarks, with some further reassurance, that will be adequate. I am also sorry that I might go on a bit, but it is important to get some things on the record. I will address all the amendments.
We support the intention behind these amendments, as I said, and the paramount importance of delivering Games that are fully accessible to everyone. I turn to the amendments, in the names of the noble Lords, Lord Griffiths, Lord Moynihan and Lord Addington, and the noble Baroness, Lady Brinton, on accessibility first. As accessibility is already at the forefront of Games planning, I do not agree that all the amendments are necessary on the face of this Bill, and I will explain why.
First, however, I want to first address the comments that I made in Committee on this issue. The noble Baroness, Lady Brinton, kindly gave me advance notice that I may have suggested that I do not consider accessibility to be of great importance. I want to be clear that that is absolutely not the case. In this vein, I hope now to provide the necessary assurance that accessibility is at the core of these Games. I say to the noble Baroness that, if I gave that misleading impression, it is my fault and that is a lesson learnt that we have to be very careful in our language, even if we are doing it on spec, as it were. I hope that this will reassure the noble Baroness.
Before the Minister leaves that point, can he also ask the organising committee, when it is in the process of developing this welcome accessibility strategy, to take fully into account the points made on the Floor of the House today, and the letter from the noble Baroness, Lady Grey-Thompson, which I am sure will be of assistance to it in developing that strategy?
Can I come to that later? I certainly will bear that in mind.
My officials have made the Birmingham Organising Committee and the Commonwealth Games Federation aware of the issues raised by the noble Baroness. We take this very seriously, we do not want similar concerns raised about the Birmingham Games and we would be happy to continue engaging with the noble Baroness on this matter. Further, in developing this strategy, the organising committee will establish a disability forum, which will include disability specialists, charities and regional organisations, to ensure that venues and services are designed, operated and delivered so that everyone has a positive Games experience. The organising committee is happy to listen to the views of noble Lords as this strategy is developed. Once it is available, the strategy will be published on the committee’s website, and a copy will be placed in the Library.
Recognising the strength of feeling in the House, the Government also wish to place accessibility on the face of the legislation. That is why the Government have brought forward Amendments 3, 4, 10 and 11, which require the organising committee to report annually on the details of what it has done to ensure Games events are accessible to disabled people. This report will be laid before Parliament. I will come to those amendments later.
I turn to subsection (3) of the new clause proposed in Amendment 8, in the name of the noble Lord, Lord Griffiths, on accessibility relating to the list of designated sporting events, as mentioned by the noble Lord, Lord Stevenson. We want as many people as possible to experience the Games. The organising committee is looking to maximise the audience by exploiting a range of platforms. As the Commonwealth Games is a listed event, broadcasting rights must already be offered to the qualifying free-to-air terrestrial broadcasters on fair and reasonable terms. There is nothing to prevent free-to-air channels bidding successfully to show live coverage of group B events, as with the BBC’s live coverage of the Gold Coast Games and ITV’s forthcoming exclusive coverage of all 48 matches at this year’s Rugby World Cup. Indeed, the Commonwealth Games has been in group B since the list was compiled in 1998 and has had excellent live coverage for many years on free-to-air television. We believe that group B is the correct listing for the Games, helping to enable extensive free-to-air coverage for the nation and allowing the organising committee to agree live free-to-air coverage as it sees fit.
Further, reconsidering which group the Commonwealth Games sits in would not be appropriate at this time. The organising committee is already in the middle of a competitive commercial process with potential rights holders. These negotiations may not be concluded until next year. Any changes to the listed events regime during this process could significantly and detrimentally affect those negotiations. Finally, contrary to the drafting of this amendment, Ofcom does not hold the responsibility for amending the listed events regime; that power rests with the Secretary of State. The organising committee would be very happy to discuss its approach in all these areas with interested Peers. I hope that I have been able to further reassure noble Lords of the organising committee’s strong commitment to accessibility and to delivering a truly integrated and inclusive Games in 2022.
I turn to Amendment 5, on a charter for the Games. I make it clear that I agree with the spirit of this amendment, which highlights a range of important matters, but we do not consider it necessary to put the charter on the face of the Bill. As I have said before, the organising committee is merely the custodian of the Games for the next three years. It is the role of the Commonwealth Games Federation to set the level of expectation from a host city. That is why the federation is working with hosts of the Games to support delivery of its vision, mission and values.
As I will come to discuss, the Government will require the organising committee to report on what it has done to ensure that its delivery of the Games promotes the values of the Commonwealth Games Federation. As such, the values of the federation provide an important foundation for the government amendment on reporting and represent a further mechanism to ensure the organising committee upholds and delivers on these important values. In promoting these values, the organising committee is wholly committed to protecting human rights, tackling corruption and promoting sustainability.
Indeed, I am pleased to confirm that the organising committee is developing a Birmingham 2022 Commonwealth Games social values charter, which will be published in due course. The charter will include policies on equality, human rights and anti-corruption, and objectives on legacy delivery, reflecting the values of the Commonwealth Games Federation. Such a charter will underline the committee’s commitment to delivering a Games which builds on the matters set out in noble Lords’ amendments. I know that the organising committee would again be happy to engage further with Peers on this.
As I mentioned earlier—my noble friend Lord Moynihan also mentioned this, and the noble Lord, Lord Addington, alluded to it as well—the organising committee is already required to comply with the Equality Act 2010, the Bribery Act 2010, the Fraud Act 2006, the Health and Safety at Work etc. Act 1974 and other health and safety legislation, the Human Rights Act and the Public Services (Social Value) Act. In addition, the organising committee will include a requirement in all its contracts for suppliers to comply with its social values charter, once published. Recently, the organising committee also agreed a modern slavery statement, which will be published on its new website. I hope I have demonstrated that many of the issues in Amendment 5 are covered by existing statute or are already being proactively considered by the organising committee.
I hope that my noble friend Lord Moynihan recognises that the organising committee is already taking great strides in this area—for example, with the development of a social value charter. The requirement that I have outlined will ensure that the committee reports on what it has done to promote the values of the Commonwealth Games Federation. Therefore, we think the Government’s amendment is a good compromise on the issue. However, I am pleased to give the further reassurance to my noble friend that I shall write to the organising committee to stress the importance of ensuring that it addresses all the issues raised by noble Lords in this debate, including the accessibility guidance issued by the International Paralympic Committee, in preparing its statutory report. Going a little further in that respect speaks also to the issue raised by the noble Lord, Lord Stevenson.
I am grateful also for Amendment 9, in the name of the noble Lord, Lord Addington, which I consider is addressed by the government amendments. I think he alluded to the fact that he agrees with that, so I shall spare the House some words.
The government amendments will place a statutory requirement on the organising committee to report annually on its functions and the progress made towards delivery of the Games, and for the report to be laid before Parliament. This will ensure that there is a single source of information about what the organising committee has done to prepare, addressing the matters raised by the noble Lord, Lord Addington. The amendments also reflect a number of other matters that this House and the Government consider important. I want quickly to mention some of them because they refer to comments made by noble Lords.
As I explained earlier in responding to my noble friend Lord Moynihan on the charter, we will require the organising committee to report on what it has done to ensure delivery of Commonwealth Games Federation values—I gave some additional reassurance on that. As the report will be laid in Parliament, noble Lords will be able to hold the organising committee to account on those values.
On accessibility, to address points raised by noble Lords in their amendments, it will be a statutory requirement of the organising committee to report on what it has done to ensure that Games events are accessible for disabled people, whether competitors, spectators or officials. Having those annual reports will allow noble Lords and others to look at progress made before the Games. It will not just be a question of waiting for the Games to happen and seeing whether something is wrong; proactive steps can be taken.
On sustainability, the Games partners are committed to embedding sustainability. I acknowledge the interest expressed in that—the noble Lord, Lord Stevenson, mentioned it. The organising committee is in the process of developing a Games-wide sustainability plan. When this is published, I will place a copy in the House Library.
On legacy, as I said in the House previously, in delivering this event we must maximise the benefits for the city, the region, the country and the wider Commonwealth. There was agreement across the House that this was extremely important, which is why the Government have brought forward a requirement for the organising committee to report on the steps taken to maximise the Games benefits. However, responsibility does not sit solely with the organising committee. All Games partners will be working together to make sure that there is a lasting legacy from the Games that starts benefiting the people of Birmingham now. Games partners will develop a cross-partner legacy plan which will be published in due course and a copy will be made available.
The government amendment requires a final report to be produced by the organising committee after the Games. The noble Lord, Lord Hunt, and my noble friend Lord Moynihan asked what we could do in that regard. I can confirm that the Government will carefully consider who will be best placed to report on the impact of the Games and how, because it is our ambition that the positive effects of the Games are lasting. Both noble Lords were right to point out that the organising committee will not be around to do it. That is a commitment from the Government.
As for keeping the public updated on Games preparations, the organising committee will launch a new website this Saturday, marking three years to go. It will include information on sports and venues, when people can sign up to volunteer at the Games and apply for tickets, and the plans I have outlined. I hope that the noble Lord, Lord Addington, is satisfied that there are considerable plans and mechanisms in place to ensure that the organising committee communicates appropriately and effectively and that he will not press his amendment.
I believe that Amendments 3, 4, 10 and 11 in my name strengthen the Bill and address the House’s desire that information on Games delivery is available and accessible. In light of my reassurance to my noble friend Lord Moynihan, I hope he will withdraw his amendment.
I am grateful for that intervention. It allows me simply to give the assurance that in the findings of the committee to which I have referred those specific points have been considered, with figures identical to those that have been mentioned. The business side of things needs to be heard. VAT at 20% in this country compares with 12%, 6% or 7% in other European countries, and it loads the tax base here much more than there. It puts this country’s hotels at a disadvantage compared with those overseas. I am not denying these important considerations at all; I am simply saying that, by approving this measure, we could have a specific, properly looked at piece of work that would allow us to take all these factors into consideration and come to a conclusion that would be justified evidentially rather than simply being based on a feeling at this particular moment—on the last day but one of a Session, when, as noble Lords can see, sartorially I am dressed for other occasions.
My Lords, I did not expect to enjoy a debate on raising tax but it was very entertaining. I thought that the noble Lords, Lord Hunt and Lord Griffiths, put their case very persuasively. I was going to mention the thin edge of the wedge but it has already been mentioned several times. The noble Lord, Lord Rooker, made a new suggestion about taking advantage of the absence of a Chancellor of the Exchequer. There might not be a Minister soon, and it would guarantee that there would not be a Minister if I did that. I am also grateful for the support of my noble friends.
Perhaps I might say something about the state of Birmingham’s finances and what Birmingham City Council is doing. As I mentioned in Committee, Birmingham and the West Midlands region will benefit, as the noble Lord, Lord Hunt, said, from a £778 million investment to stage the 2022 Commonwealth Games, with Birmingham City Council and a number of its key partners providing funding of £184 million—25%—of the Games budget.
Birmingham City Council has publicly committed to meet its financial obligations for the Games, and approved a four-year council budget at a full council meeting on 26 February this year, stating that there are sufficient reserves to cover the city’s share of the costs. It has already explained how it will meet its obligations without impacting on existing services. I refer noble Lords to Birmingham City Council’s publicly available Financial Plan 2019-2023. This states that,
“resources have been identified for this purpose that will be sufficient to meet these funding liabilities as they fall due”.
It might interest noble Lords to know that the Government have already committed to working constructively with Birmingham City Council, to the extent that there was correspondence on 7 December 2017 from the Chief Secretary to the Treasury to Birmingham City Council on reviewing existing legislative powers and listening to requests for new powers, should the case for additional funding be made.
As the noble Lord, Lord Griffiths, said, we are in frequent dialogue with Birmingham City Council but, to date, no detailed case has been put forward to evidence the need for an additional power. However, I understand that Birmingham City Council is now undertaking detailed work, with expert advice, on various options for revenue-raising to offset the costs of the Games, including the use of existing powers or the introduction of a new tax, such as a hotel tax. We and Her Majesty’s Treasury await the conclusion of that analysis and stand ready to look at the details of any proposals put forward by the council.
My honourable friend the Minister for Sport and Civil Society—I have her full title right this time—has spoken to the Chief Secretary to the Treasury about this. As I stated previously, matters of taxation are for HM Treasury to consider, with appropriate evidence, consultation and assessment of impact—for example, on tourism—as my noble friends Lady McIntosh and Lady Neville-Rolfe mentioned. I am grateful to my noble friends for their support.
We consider that these amendments are not an appropriate measure for the Bill, which, I remind your Lordships, is focused on providing the temporary operational powers required to deliver a successful Games, and they would pre-empt the outcome of the work already being undertaken by Birmingham City Council.
My Lords, the Government have listened carefully to the issues regarding Clause 24 raised by noble Lords during previous stages of the Bill and to the comments of the DPRRC. I am pleased that the House is in agreement on the need for a well-understood and supported Games transport plan. By giving this plan a statutory footing, we are ensuring that it has the appropriate authority and weight to deliver on the transport measures required for an event on the scale of the Commonwealth Games.
While it has always been our intention that the body directed to prepare a plan would be a local authority or combined authority, we recognise that simply providing for “a person” may not offer the assurance needed. That is why we have brought forward amendments setting out that only a local authority in England or a combined authority may be directed to prepare the plan. The House can be assured that an appropriate body will receive this direction and can be held accountable. To ensure that Parliament is appropriately sighted, we will make a Written Ministerial Statement when the direction has been made by the Secretary of State. Further, once the draft transport plan has been made available, we will deposit a copy in the House Library.
I would like to highlight the importance of placing the Games transport plan on a statutory footing. This, alongside a requirement on local traffic authorities to implement the plan, provides the clear framework needed for the effective delivery of Games transport operations. It will facilitate co-operation between transport partners, minimise the risk of disruption and disagreement and give the Government the assurance that they need. I beg to move.
My Lords, I would just like to thank the Minister for listening when these issues were raised, I think by me. The Delegated Powers committee report on that raised a real point and the Government have responded, so thank you.
My Lords, we had an interesting debate in Committee regarding the delegated powers in this Bill and whether certain powers should be subject to the draft affirmative procedure rather than the negative procedure. I have carefully considered the arguments raised in Committee and the recommendations made in the Delegated Powers and Regulatory Reform Committee’s report, which also formed part of the last group. I issued a written response to the chair of the DPRRC last Wednesday, and a copy is available in the Library.
After reflecting on suggestions made, I am pleased to move government Amendment 30. The amendment applies the draft affirmative procedure, instead of the negative procedure, to the regulations under paragraph 16 of Schedule 2. This means that the draft affirmative process will apply to the regulations regarding the procedures for compensation claims in certain circumstances following enforcement action.
As far as compensation is concerned, the amendment is in line with Amendment 31 tabled by the noble Lord, Lord Addington, and the recommendations in the DPRRC report concerning the compensation power, and will offer Parliament the opportunity to debate the Government’s proposals. I hope noble Lords will welcome the amendment. At this point, it may help the House if I let the noble Lord, Lord Addington, speak to his amendment, or I could carry on. He has said that I should carry on.
I still believe that the negative procedure is appropriate for the other regulation-making powers in the Bill. This includes powers to make regulations to specify the Games locations and the time periods when the temporary advertising and trading restrictions will be in place, and will make provision about the vicinity of Games locations. I have been clear before that we have looked carefully at the approach taken in London and Glasgow and have subsequently ensured that the powers taken in the Bill are not as broad. As such, I maintain that the differences in approach mean that the negative procedure is appropriate here.
I reiterate the important point that these restrictions will be proportionate and temporary; they will last for a maximum of 38 days, and many for considerably less time than that. I reassure the House that we are focused on proportionality here. I anticipate taking a similar approach to Glasgow regarding time periods, Games locations and their vicinity. We are talking not about blanket restrictions across the region but about an area that in most cases may extend a few hundred metres beyond a Games location. In particular, this will ensure a celebratory look and feel around Games locations and create a welcoming environment for spectators. I remind noble Lords that the offences can be further narrowed in regulations through the provision of additional exceptions to the offence. The Government will run a public consultation on those exceptions.
Given government Amendment 30 and the reassurances that I have provided to the House on the proportionality of these measures, I respectfully ask the noble Lord, Lord Addington, not to move his amendment. I beg to move.
My Lords, I am grateful to my noble friend. Of course, we will continue to have discussions with advertising stakeholders. As I think I have made clear throughout the passage of this Bill, we and the organising committee are very willing to talk to people about any concerns they have on it. I have made that point before and I repeat it now.
Could the Minister help me? He mentioned the Commonwealth Games in Glasgow and the Commonwealth Games London. I had the great privilege of attending the Commonwealth Games in Edinburgh in 1970, which were very different from the Games in Glasgow and London. I know the noble Lord, Lord Campbell of Pittenweem, did not participate in the Edinburgh Games, but it was not long after he had participated. Has the Minister taken account of anything that happened with the Edinburgh Games?
I ought to correct the noble Lord for the record. Glasgow certainly hosted the Commonwealth Games, but London had the Olympic Games. I am not trying to show him up; it is important because they are very different. One of the interesting things about this proposal, and one of the reasons why we are dealing with it in a shortened timescale, is that the costs of putting on the Commonwealth Games are considerable, as has been mentioned. The Commonwealth Games Federation had to look at how to make it possible for them to be put on around the world, not just in the richest nations of the Commonwealth.
On lessons from previous Games, we have looked at financing and the other issues we discussed earlier. We can learn lessons from Glasgow and Edinburgh, and I hope the noble Lord enjoys watching the Games in Birmingham—I assume he is not participating—as much as he did those in Edinburgh.
To add briefly to what the noble Lord, Lord Foulkes, said, Edinburgh has hosted the Commonwealth Games twice: once in 1970, which was a complete success, and again in 1986, which was, frankly, a total failure in many respects. The organising committee ran out of money and the Government of the day—Lady Thatcher was Prime Minister at the time—declined to offer any additional assistance. It is a measure of the comparative costs of 1986 and now that the total deficit from the 1986 Games was £4 million. That is but a drop in the ocean of the cost of the Games with which we are concerned.
To some extent, I am retreading remarks I have made before, but Birmingham has made an enormous contribution to the Commonwealth Games movement through its willingness to undertake the responsibility for these Games at relatively short notice. I am not sure how often that is acknowledged. I suspect we are about to end Report and it is worth reminding people that, without that willingness, there is every possibility that the Commonwealth Games movement might have found itself in very deep embarrassment. On other occasions, people have referred to the fact that the cost of these Games is now such that the number of cities—remember, the Games are awarded to cities, not countries—able to undertake that responsibility is declining. I think we are all conscious that it would be a great pity if the Games became something for what is sometimes called the white Commonwealth—I use the term with some delicacy—rather than being part of the whole Commonwealth story. On that basis, with respect, it seems Report has improved this legislation greatly. For that, all those who have participated, among whom I cannot number myself for various reasons, deserve great credit.
I am very grateful to the noble Lord, and I agree with everything he said. It is important that we get this right for Birmingham and the West Midlands. It is also important for the Commonwealth, for the reasons he suggested. The Games have been expensive in the past, but Birmingham will cost considerably less than the last Commonwealth Games. We are introducing the partnership model in addition to the host city, as he rightly says, to enable us to do that. It is more complicated in some ways and there is risk involved in doing it at short notice. However, I am sure that if we show the constructive, helpful attitude that has been the hallmark of Report, it will be a great success.