European Union (Withdrawal) Bill

Lord Moynihan Excerpts

Committee: 7th sitting (Hansard): House of Lords
Wednesday 14th March 2018 Lords Chamber

[Lord Rooker]

My Lords, I rest my case.

[Lord Moynihan (Con)]

My Lords, I will speak to Amendment 147A, which proposes a requirement to seek ongoing reciprocal arrangements in the field of professional sport. I am grateful to the noble Lords, Lord Addington and Lord Stevenson of Balmacara, and the noble Baroness, Lady Grey-Thompson, for their support of this amendment.

Sport in the UK is woven intricately into the fabric of European policy and the EU’s bilateral arrangements with the world’s international federations of sport. Professional football sits at the pinnacle of that intricate tapestry. Our duty to sports men and women is, first, to understand the ties that bind the sporting world in the UK to Europe and then to unpick, reshape and ultimately redesign a model that keeps our sporting industry robust, competitive and capable of retaining its positon as a global leader. In the brief time that I have available, I want to set out the key points, genuinely confident in the knowledge that the Minister and the Government, and indeed all parties, are interested in seeking the same solution: the retention of an environment in which the British professional sporting landscape can flourish commercially, competently and competitively on behalf of everyone involved in the industry.

It will not have escaped your Lordships’ attention that today is the second day of Cheltenham. Indeed, my expectation is that many noble Lords would prefer to be at Cheltenham than here, but such is their commitment to the Committee stage of this Bill that they are rightly here debating these issues. Cheltenham highlights an important point. The festival focuses and relies on the movement and transportation of horses and on welfare issues. Thoroughbred horseracing and breeding is a truly international industry, with significant roots in Europe. Its continued growth is predicated on the ability to move racehorses as freely as possible for competition and breeding while, crucially, retaining the highest levels of animal health, welfare and biosecurity. A key element to this is the tripartite agreement, or TPA, between the UK, France and Ireland, which facilitates 25,000 movements annually between the three countries for racing, breeding and sales purposes. There is no clarity at all on what will happen to that tripartite agreement post Brexit, but it is essential for the success not just of Cheltenham but of the industry. At Cheltenham alone, 30% of the runners have crossed European borders in order to race.

I very much hope the Minister can give comfort to the House and tell us that after the proposed transition and implementation period through to the end of 2020, when arrangements for the movement of thoroughbreds are finally determined, they will continue to be based on the thoroughbreds’ high health status. That would mean no severe delays at ports, which is vital, not least for mares who are toing and froing with foals. This issue is critical to the British Horseracing Authority and the Thoroughbred Breeders’ Association, and I very much hope that my noble friend the Minister will take that point on board.

[Lord Adonis]

Is the noble Lord suggesting that Royal Ascot may not happen next year if these matters are not finalised? Does he know whether Her Majesty has been consulted about this eventuality?

[Lord Moynihan]

I know that the whole question of Royal Ascot and the timing of the Queen’s Speech last year was very much determined by Her Majesty. I know for sure—and all noble Lords will know—that the Government, I hope, are absolutely committed to resolving the issues, which are vitally important and serious for the horseracing industry.

On the wider sporting front, we need clarity and certainty over the EU-UK’s future relationship for the sporting industry. I urge the Government to set out clearly what this relationship will look like so that the sports sector can prepare for the future. We also need to look beyond the specifics of top-level elite and professional sport. While the issues of players and transfers in football are important, they should not be the only focus of government in seeking to negotiate the best possible settlement for the sector.

We also need to focus on the continued freedom of movement on a seasonal basis for particular sports. I hope that the Government will consider proposing sports-specific visas to allow players, fans and support staff to enter and leave the European Union easily.

We have been a very important and attractive destination in hosting many events, not least the London 2012 Olympics. However, there will be increased challenges for fans and players to come into and exit the UK which could not just reduce the pool of workers but risks making the UK a less attractive international destination to host events. I hope the Minister will address that point.

As far as the Premier League is concerned, I mentioned that football was at the pinnacle of the debate. That is because there are very important points about player transfers—Bosman issues are high on that list. I will focus the Committee’s attention today on one point, although there are many aspects of professional sport that will be need to be addressed and I hope are currently being addressed. FIFA has a relationship with the European Union under Article 19, which allows international transfers to be permitted only for players over the age of 18, save for limited exceptions. One exception is that the transfer takes place within the European Union or the EEA, when the age criteria is reduced to 16.

When we leave the EU, we could potentially lose the ability to utilise the exception in Article 19 and therefore be prevented from signing players at other EU clubs between the ages of 16 and 18. That is fundamental to how UK clubs acquire young, talented and cost-effective players. This sort of youth development issue is extremely important in light of UEFA’s financial fair play regulations. Naturally, losing the Article 19 exception would have adverse consequences for all UK clubs. It is crucial for clubs to sign talented players whom they have identified at the earliest possible occasion, not just to limit the acquisition cost but to develop the young talent that is vital.

[Lord Reid of Cardowan (Lab)]

It is worth making the point that we are not talking about income for massive, rich clubs. We are talking about many clubs, which might be on the verge of insolvency in terms of their operations, having to seek through their scouting systems talented players within the EU who can not only contribute to the club by playing, but through their development can bring in later transfer fees.

[Lord Moynihan]

I completely endorse that point. This is not just about the top clubs in the Premier League; it is about the survival of professional football in the country. I am delighted to hear the noble Lord place his points on the record and I completely endorse them.

Briefly, when we look at the rugby football world, there are Kolpak players. I mentioned this at an early stage on Second Reading, so I will not rehearse the Kolpak agreement. Kolpak players, under the Cotonou agreement, have specific non-discriminatory rights once they are lawfully employed in the European Union. In rugby, this means that, once a player from a Kolpak country has legally entered the UK, they cannot be classed as a foreign player under the Rugby Football Union regulations. Currently, the RFU regulations are that there should be no more than two foreign players in a match day squad in the top four tiers of English rugby. There are some 165 contracted Kolpak players in the top four tiers.

This is a very important point. Negotiations will need to take place within the context of the European Union and the UK Government and also with the Rugby Football Union. There needs to be early engagement with the RFU so clubs have visibility and can make strong commercial decisions moving forward over a number of years. That is vital. Many noble Lords have made the point today that we need consistency, clarity and vision so that decisions in the world of sport can be made early rather than the day before the season starts.