Sports Grounds Safety Authority Bill

Lord Faulkner of Worcester Excerpts

Friday 13th May 2011 Lords Chamber

Moved by

[Lord Faulkner of Worcester]

That the Bill be read a second time.

[Lord Faulkner of Worcester]

My Lords, first, I declare an unpaid interest as vice-president of the Football Conference.

It is a great pleasure for me to have been asked to take forward this legislation, which was introduced in another place by Jonathan Lord, the Member of Parliament for Woking, who was elected in May last year. I am pleased to pay tribute to his commitment to steering this Private Member’s Bill through all its stages in the other place, and to his extraordinary good fortune in securing a Second Reading before he had even made his maiden speech.

The Bill enjoys all-party support, and is one for which the previous Administration had hoped to find time but was unable to do so. The Bill, if enacted, will rename the Football Licensing Authority the Sports Grounds Safety Authority. It will enable the provision of advice, on request, about safety at sports grounds to any national or international organisation, person or body. It would also allow the new authority to charge for these services in certain circumstances.

The FLA was set up under the Football Spectators Act 1989, originally to oversee the introduction of a compulsory membership scheme, which at the time was seen—particularly by the noble Baroness, Lady Thatcher—as the best way to respond to the many incidences of football crowd violence in the 1980s. However, before the Act could be implemented, almost 100 people lost their lives at an FA Cup semi-final match on 15 April 1989 at Hillsborough in Sheffield. A major public inquiry was then conducted by Lord Justice Taylor, which reported that the scale of the disaster might have been even worse had a compulsory membership scheme been in force. That section of the Act was then shelved and has not reappeared since.

Instead, Lord Justice Taylor’s principal recommendation was that the grounds of Britain’s professional football clubs should eliminate standing and become all-seated. This was accepted by the Conservative Government of the day, and supported by subsequent Labour Administrations. The one variation was to exempt clubs in the lower two divisions of the Football League from the requirement to go all-seated. The Football Licensing Authority was given the responsibility of licensing grounds and helping to ensure spectator safety. It is the author of the world’s leading sports safety publication, known as the Green Guide. Its expertise is valued and respected nationally and internationally. No other country has an organisation quite like the FLA. It is a lean and efficient organisation that offers excellent value for money. It has a small but experienced workforce, including nine inspectors who are based in the regions. These inspectors work closely with football clubs and local authorities to educate, advise and influence. The majority of football spectators who attend matches on a weekly basis are unaware of the outstanding work of the FLA behind the scenes to help ensure that their experience is safe, comfortable and secure, and the FLA works hard to ensure that this experience should be available to all spectators, regardless of age, gender, ethnic origin, disability or, indeed, the team that they support.

The proposed changes will not extend the FLA’s licensing functions, or local authority oversight duties under the 1989 Act to sports grounds other than football grounds. There will therefore be no increased regulatory burden. Extending the FLA’s advisory role will, however, make it easier to provide advice to a wider range of sports and bodies as we approach some of the biggest sporting events that this country has ever staged. These include the London 2012 Olympics and Paralympics, and the Rugby World Cup in 2015.

[Lord Mawhinney]

I am extremely grateful to the noble Lord, who is an expert. I declare an interest as honorary president of the Football League, and for the past seven and a half years as its chairman, so I endorse all the good things that he says about the Football Licensing Authority. Given that this is an up-to-date reflection of a 1989 Act of Parliament, is it not missing an opportunity to allow the Football Licensing Authority to promote safety as well as to offer advice on it?

[Earl Attlee]

My Lords, I take this opportunity to remind the House that it is most effective to allow the noble Lord proposing a Bill to lay out his stall and then for debate to proceed in the normal way.

[Lord Faulkner of Worcester]

I am most grateful to the noble Lord, Lord Mawhinney, for his kind words. I would like to reflect on what he has said. Perhaps I can respond to him when I reply to the debate. I certainly understand completely the point he is making about the importance of promoting safety.

The FLA is already providing expertise on non-football venues to the London Organising Committee of the Olympic Games and the joint local authority regulatory services. However, at present, this is possible only by negotiating individual temporary secondment arrangements. Creating the Sports Grounds Safety Authority would make it easier to provide such advice and help to provide greater consistency in its application nationally and internationally. An example of this can be seen in the Green Guide. The FLA is retained by the DCMS to provide detailed guidance on measures to improve safety at sports grounds through the Green Guide. The advice applies to all sports, not just football, and is used around the world by technical specialists such as architects and engineers, and by relevant authorities that oversee safety in sports stadia. Although the guidance applies only to outdoor sports venues, its recommendations are often applied to indoor sporting venues as well.

At present, the FLA cannot readily offer more detailed advice on the contents of the Green Guide to sports other than football, or outside England and Wales. This Bill will enable that advice to be provided nationally and internationally, and to a much wider range of sports than ever before. The FLA carries out some international activity, but it is at the moment somewhat limited. The FLA currently supports the Council of Europe and the European Committee for Standardisation by providing UK representatives to their working groups. The FLA’s contribution is highly valued by their international counterparts, and their involvement enhances the FLA’s knowledge, understanding and credibility. This activity brings reputational benefits for the UK, with the chance to promote our role as a world leader in sports ground safety throughout Europe. However, under current provisions, the FLA is constrained in the extent to which it can operate at an international level.

The Sports Grounds Safety Authority Bill would increase the opportunities for international activity at a very opportune time. In 2012, Poland and Ukraine will host the European Championships. In 2014, Brazil will host the World Cup, and Russia and Qatar have already begun preparations for 2018 and 2022. The FLA is uniquely placed to offer expertise and guidance to help ensure that the safety management arrangements are in place for these events and are properly robust. It is important that the FLA acts now to realise those benefits, and this legislation would help it do so.

In the other place, questions were rightly asked about costs as well as benefits. One or two of your Lordships who are speaking in this debate might wish to raise the subject of costs. The provisions in the Bill would enable the Sports Grounds Safety Authority to charge in certain circumstances. The legislation allows for charges to be applied, with the consent of the Secretary of State, to bodies or persons outside England or Wales, or to bodies in England and Wales where the advice is provided at the request of the recipient. The key point here is that consent would be required. It has been made clear that any charges levied would be reasonable and proportionate, and that, where charges were applied, they would be calculated on a cost recovery basis. In the event that the Bill is successful, the Sports Grounds Safety Authority would need to look in more detail at the options for charging and cost recovery. However, I have been assured that the requirement to seek permission from the Secretary of State will offer appropriate safeguards. I should say that, in bringing forward this legislation, it was never the intention to apply charges for activities that are currently provided free of charge. However, it will be important for the authority to be able to levy charges that are appropriate and necessary, particularly for new or additional services, or services that are provided above and beyond the authority’s statutory obligations.

The provisions in the Bill extend to England and Wales only. However, bodies in Scotland and Northern Ireland will be able to access the expertise of the new Sports Grounds Safety Authority on request. The FLA has been in contact with officials in Scotland, Wales and Northern Ireland about provisions in the Bill and will continue to keep in touch with them as more detailed plans for how the new safety authority will operate are developed.

Establishing the Sports Grounds Safety Authority is an important and necessary step in the evolution of the FLA. In Committee on the Public Bodies Bill, the noble Baroness, Lady Rawlings, said in response to me that the FLA,

“will continue as a separate body … until after 2012 when its expertise and functions will be transferred”—[Official Report, 11/1/11; col. 1345.]

elsewhere. I think the Minister would be the first to admit that this was a slightly vague commitment. I hope that we shall hear more from the Government about where the authority will be located before the Bill completes its passage through your Lordships’ House.

Before I conclude, the House may find it convenient if I quickly run through the various parts of the Bill. Part 1 sets out the further powers that will be conferred on the Football Licensing Authority as a result of the legislation. Clause 1 would rename the Football Licensing Authority the Sports Grounds Safety Authority. The existing functions of the Football Licensing Authority, as set out in the Football Spectators Act 1989, will remain, and the authority will continue to receive funds from the Secretary of State. Funding will be as set out in the current funding settlement, with grant in aid of £1.197 million in 2011-12, reducing to £1.14 million by 2014-15.

Clause 2 provides for the authority to advise Ministers by placing an obligation on the authority to advise Ministers, if requested, on sports grounds or the functions set out in the relevant legislation or sections of legislation. These include the Safety of Sports Grounds Act 1975, Part 3 of the Fire Safety and Safety of Places of Sport Act 1987 and the Football Spectators Act 1989.

Clause 3 allows the authority to advise on safety at sports grounds to local authorities, other bodies or persons in England and Wales. This enables the authority to provide advice beyond football and in relation to other sports grounds.

Clause 4 enables the authority to provide advice to bodies or persons outside England and Wales, subject to that advice being at the request of the body or person concerned, and with the consent of the Secretary of State. This could include an international organisation or Government, or other body or person with responsibilities for sports grounds outside England and Wales, and would include the local and national government and sports bodies in Scotland and Northern Ireland.

Clause 5 includes provisions to enable the authority, with the consent of the Secretary of State, to charge a fee for advice. The fee could be charged to bodies or persons outside England and Wales, or within England and Wales where the advice is provided at their request. Any fee charged must not exceed the cost of providing the advice, and consent from the Secretary of State may be given generally or specifically for particular advice or types of advice.

Clause 6 makes provision for the consequential amendments that will be required in other legislation to reflect the change to the new body. These are set out in more detail in Schedules 2 and 3.

Clause 7 confirms that the Act extends to England and Wales only. However, as I have said, the authority will be able, under certain conditions, to advise bodies outside England and Wales.

Clause 8 provides for the commencement of the Act on a day specified by statutory instrument. It is the intention that the legislation, if passed, should commence as soon as possible to enable the full benefit of the authority’s expanded role to be realised.

Schedule 1 sets out provisions relating to the board, employees and accounting arrangements of the authority. These would mirror arrangements that are currently in place for the FLA.

Schedules 2 and 3 include consequential amendments, repeals and revocations that are required to update existing legislation in the event that the Bill is passed.

The Bill provides a unique opportunity to share the FLA’s unrivalled knowledge and experience with other sports and nations. It will maintain the services and standards provided to football, but will extend the FLA’s reach and influence for wider benefit. I commend the Bill to the House, and I beg to move.

--- Later in debate ---

[Lord Faulkner of Worcester]

My Lords, I am a little overwhelmed by the degree of support that this Bill has received in all parts of the House. It is very gratifying and I am sure that when the honourable Member for Woking comes to read this debate, he, too, will be gratified that this Bill has had so much success. I am not allowed to refer to the fact that he is here listening to it.

In taking up some of the points raised, perhaps I can start with the noble Lord, Lord Mawhinney, who asked why we do not take advantage of using the Bill to promote safety. That is a good question but the FLA already has a remit to promote safety, which it does though education, advice and persuasion. It takes the view that the publication of the Green Guide and its safety management booklets are part of that promotion of safety. It also runs a number of courses at places such as the Emergency Planning College in York to do that. That part of the FLA's work is already under way, so the promotion of safety is covered.

A number of similar comments were made by several noble Lords. The noble Lord, Lord Addington, was concerned—as I would expect from a great rugby player—about the role of the FLA in helping rugby. The authorities in both rugby union and rugby league are already very interested in talking to the FLA. So are the authorities for cricket and horseracing. They are keen to seek advice and talk about the experience that the FLA has had. The hope is that with the passage of the Bill, the work can be extended. I say to my noble friend Lady Billingham that if tennis authorities are concerned about safety at their institutions, the opportunity is there for them as well.

My noble friend Lord Watson, in an interesting and thoughtful speech, raised a number of subjects that I will try to cover. First, I thank him for his kind words about the role that I played in the 1970s and 1980s. The body of which I was deputy chairman—which the late Lord Aberdare chaired—was the Football Trust. The Football Grounds Improvement Trust was a sister organisation. We were charged with providing the funding to assist football to comply with the provisions of the Hillsborough report from Lord Justice Taylor. The safety work had been carried out from 1975 onwards by the Football Grounds Improvement Trust.

If plaudits are being offered to people working in this area, my noble friend Lord Pendry, who succeeded Lord Aberdare as chairman of the Football Trust, and was then the first chairman of the Football Foundation, also deserves a great deal of credit. There has been a consistent, cross-party approach to these matters. We have all done our best to ensure that the terrible disasters that occurred in the 1970s and 1980s are not repeated.

My noble friend Lord Watson referred to AFC Wimbledon, which may next Saturday be members of the Football League. It is already in discussion with the Football Licensing Authority, and I am assured that its ground will comply with Football League standards and the requirements of the FLA, and will obtain a licence.

The Minister answered the difficult question, which I did not wish to enter into, about the reintroduction of standing at matches. That is not a matter for me; it is one of public policy. The FLA will do what the Minister asks. She has given her view on whether standing will come back at the top level, in the Premiership and Championship.

My noble friend Lord Grantchester also made some important points. He referred of course to Hillsborough. I, too, have a personal recollection; I was there on that day and it was the most terrible event at any sporting occasion that one could imagine. Certainly it gave all of us a sense that the world had to change and that we could never run the risk of similar things happening in future. The report from Lord Justice Taylor and the establishment of the Football Licensing Authority, with its role after Hillsborough, are important elements of that.

My noble friend Lord Davies of Oldham asked searching questions about funding, which the Minister answered. The funding of the FLA is a matter for the DCMS, not for me. However, I am assured that the FLA takes the view that it came out of the spending review settlement rather more favourably than other bodies, and I have heard no suggestion that it will not be able to take on the increased role that the Bill will give it if it becomes an Act. A number of noble Lords, including the Minister, made it clear that charges will be proportionate and will be based on cost recovery. There is no question of the grant in aid that the FLA receives being replaced by a charging regime paid for by the bodies that receive either advice or licences from it.

My noble friend Lord Watson raised an interesting question about whether there were conflicting requirements for advice to Ministers in Clauses 2(1)(a) and 3(2)(a). I am delighted to say that I have an answer. The new authority may not provide advice to the Minister under Clause 3(2)(a) because the Minister would then have to pay for it. Therefore, the advice will be given under Clause 2, not Clause 3. That seems to be a very sensible approach.

My noble friend Lord Grantchester referred to Scotland and Northern Ireland. I will deal in a moment with the Berwick question raised by the noble Lord, Lord Lyell. It is important when looking at Scotland and Northern Ireland, and at sports ground safety in general, to bear in mind that there are three pieces of legislation that cover sports ground safety in the UK. Only one applies specifically to England and Wales and is relevant to the Football Licensing Authority. The first piece of legislation is the Safety of Sports Grounds Act 1975, which came about as a result of the disaster at a Glasgow Rangers game at Ibrox. It provides for the designation of any ground that has accommodation for more than 10,000 spectators, or 5,000 in the case of Premiership or Football League grounds in England and Wales. All designated grounds, including those in Scotland, are required to have a safety certificate issued and enforced by the local authority under the provisions of the Act.

The second Act also came out of a tragedy, in this case the fire at Bradford City’s ground. The Fire Safety and Safety of Places of Sport Act 1987 extended provision to cover regulated stands. A regulated stand is any covered stand at a non-designated ground with accommodation for 500 or more spectators, whether seated or standing. The local authority is responsible for determining which stands at sports grounds in its area are regulated.

The Football Spectators Act established the Football Licensing Authority. It gave it the power to oversee how local authorities discharge their responsibilities under the provisions of the Safety of Sports Grounds Act, and the power to issue licences to admit spectators to sports grounds that are used for designated matches. A designated match is defined, in the Football Spectators (Designation of Football Matches in England and Wales) Order 2000, as

“any association football match which is played at Wembley Stadium, at the Millennium Stadium in Cardiff or at a sports ground in England and Wales which is registered with the Football League or the Football Association Premier League as the home ground of a club which is a member of the Football League or the Football Association Premier League at the time the match is played”.

That does not include Scotland; Scotland's grounds are licensed under different legislation.

The noble Lord, Lord Lyell, raised the question of Berwick, which was covered in what I have just said about the different pieces of legislation. As he rightly points out, Berwick is in England but the team plays in the third division of the Scottish Football League. Therefore, the provisions of Part 1 of the Football Spectators Act 1989 do not cover Berwick Rangers. This Sports Grounds Safety Authority Bill does not seek to alter the FLA's powers under the 1989 Act. However, it will allow the FLA to provide advice and guidance to any sports ground in England, Wales or Scotland, if it is sought. Therefore, the Bill will allow Berwick Rangers to a obtain advice, but the club is not covered by the legislation. I hope that that answers the noble Lord’s question.

[Lord Lyell]

The noble Lord has been more than gracious and kind. Clause 27(6) of the Football Spectators Act 1989 states:

“This Act, except paragraph 14 of Schedule 2”—

which I think covers Northern Ireland—

“extends to England and Wales only”.

Will the noble Lord please write to me and explain why the provisions that he has been explaining about the Scottish Football League should not apply to Berwick Rangers because its ground is in England? The 1989 Act applies to England and Wales. Will he write to me to explain why he said that it is different because Berwick Rangers plays in the Scottish Football League?

[Lord Faulkner of Worcester]

I would be very happy to write to the noble Lord. The answer is that Berwick Rangers plays in a competition that is not covered by this legislation—but I will write and give the noble Lord chapter and verse in answer.

I think that I have answered the main points which have been raised. If there is anything that I have missed, I hope that noble Lords will allow me to write to them. I thank the Minister for her gracious and very helpful answer. We await with great interest the deliberations of the Government on where the FLA or the Sports Grounds Safety Authority finally finds a home. I am sure the fact that the Government are committed to the Bill and its continuation will be read with great interest and a great deal of relief. I am grateful to all noble Lords who have spoken for the support that they have given to the Bill, and it is my pleasure to commend the Bill to the House.

Bill read a second time and committed to a Committee of the Whole House.