Birmingham Commonwealth Games Bill [HL]

Lord Moynihan Excerpts

2nd reading & 2nd reading (Hansard): House of Lords & 2nd reading (Hansard)
Monday 3rd February 2020 Lords Chamber

[Lord Moynihan (Con)]

My Lords, it is a privilege to follow the noble Baroness, Lady Young of Hornsey. She highlights issues that I have had the opportunity to discuss with her—key issues of concern shared by all members of the All-Party Parliamentary Group on Sport, Modern Slavery and Human Rights, on which I have the privilege to be her vice-chair.

The Commonwealth Games Federation—under the inspired leadership of Dame Louise Martin, who in my view numbers among the finest of the world’s leading sports administrators and from whom this House will hopefully one day benefit—has developed its Transformation 2022 agenda, as my noble friend mentioned. It is an ambitious programme with the values of humanity, equality and destiny at its heart. Having been ongoing for a number of years, this agenda will culminate in the hosting of the 2022 Games in Birmingham. We all hope this will be a “best in class” example of stringent human rights protections and responsibilities.

The Commonwealth Games Federation has already shown leadership with the Gold Coast 2018 Games being the first to offer equal medal opportunities for men and women, and is catalysing an entire movement around sport and human rights, redefining the Commonwealth brand. I hope that the Commonwealth will also use its influence to bring all participating countries into fully respecting the LGBTQ+ agenda.

So, what can we do? I hope that in Committee we can review the excellent social values charter mentioned by my noble friend the Minister, as well as the delivering social value legacy of the Birmingham 2022 Commonwealth Games, and see whether we have in place the right legislative framework to promote the objectives of the Games, as raised by the noble Baroness. Sport is an enabler of rights, including the rights of women and of sportsmen and women with disabilities, which should be promoted in any legislation that refers to sport—indeed, in all legislation.

I hope that we will explore what further opportunities we can take to support Transformation 2022, to consider how human rights fit in, what is significant about Birmingham 2022 and whether there are ways in which we as parliamentarians can provide the legislative framework to advance this vitally important, ground-breaking work. I have nothing but respect for the noble Lord, Lord Foster, and the remarkable contribution he has made, not least in the world of the Paralympics; he has spoken very ably about the Birmingham Games and raised many important points. I think he would agree that the Commonwealth Games deserves recognition in the area we have just been talking about, because a lot of the rhetoric in this debate over the years has cited London 2012 as the best example for the Olympic movement. However, the Glasgow Commonwealth Games in 2014, for example, went a step further and had a human rights policy, not just a sustainable sourcing code and grievance mechanism. Birmingham 2022 should be the new benchmark, not least for the Olympic Games in Paris.

I also wish the Commonwealth Games Federation and the organising committee every success with their aim to deliver one of the greatest events ever to be hosted in the West Midlands and a real catalyst for creating a lasting legacy, not just in bricks and mortar but in sport, for the whole of the United Kingdom. It is an opportunity to improve the health and well-being of local communities and deliver the greatest festival of sport this country has seen since the Olympic and Paralympic Games in London 2012. Above all, we need a sports legacy plan for the region, building on the excitement of sporting activity and offering a legacy which can provide so many benefits for the young people of this country—and not just them, however critical, important and centric that is to the whole event.

On 25 June last year, we considered the legislative framework under which the Commonwealth Games would take place. The reintroduction of this important legislation provides Parliament with the opportunity to review progress, learn from the work undertaken since then and establish whether further improvements can be made. It also gives us the opportunity to ask the Minister how close we are to the original budget and whether preparations for the Games are currently on time.

At this point, I will focus on what I consider to be some of the most critical and important issues that we debated at Second Reading last time around: access for disabled people and the sustainability plan. It is a great privilege to follow the noble Lord, Lord Foster, who I have mentioned already. He contributed so much on the Paralympic side of the Games, but not just that; his speech showed that his knowledge of all sports politics is extensive. Good progress was made for disabled people during the parliamentary stages of the Bill when we discussed it the first time around. However, we did not start from an ideal position, as the Minister opposed my intervention for a specific focus on disability and access. The responses from the noble Baroness, Lady Grey-Thompson, in writing and from the noble Baroness, Lady Brinton, to the comments made from the Front Bench at the time were what one might best describe as political apoplexy.

I welcome the fact that the Government made significant changes and rescinded their original position, coming forward with specific amendments—another area of good progress made. However, on 24 July 2019, the Minister confirmed that further proactive steps would be taken. In particular, I think the House had in mind steps along the lines of what the noble Lord, Lord Foster, outlined. The Games are about not just providing opportunities for those with disabilities but, critically, ensuring that anyone with a disability is not discriminated against in any way, whether in the facilities, access, their positioning in the stadia when they are watching the Games, or in areas where this does not necessarily come as high on the agenda as it should. Frankly, that means everything to do with the preparation of the Games, but particularly travel arrangements. I hope the Minister will today confirm the status of the accessibility strategy under the leadership of the accessibility manager, Emma Clueit, who was not in post when we last debated this, and when we might expect the first detailed annual report to be published. I hope she will report at the same time on progress made through the work of the admirable and important disability forum.

On a related subject, could the Minister confirm when the organising committee’s Games-wide sustainability plan can be considered in detail by your Lordships? This is vital and welcome work, with the Games’ sustainability commitment and the four Cs to which the Minister referred.

[Lord Foster of Bath]

Can the noble Lord check with the Minister in reference to the report being produced by the accessibility forum team? My understanding is that it will now not come until 31 March next year, in which case it will be far too late for action to be taken on issues raised that have not been addressed.

[Lord Moynihan]

I hear what the noble Lord—my noble friend in sport, as I always call him—says on that subject, because of that interpretation of what was said. However, I believe that the Minister may have better news for us on that front. I ask her to address that question when she comes to wind up.

Then there are the issues relating to match fixing and the secondary ticket market, which I know have concerned many noble Lords from across the House. The situation has got worse. The corrupting influence of some secondary ticketing websites, which are now under investigation by the Competition and Markets Authority for suspected breaches of consumer protection law, not least StubHub and the pariah viagogo, have no role in profiteering at the expense of true sports fans at the Commonwealth Games. I hope that we can review progress on that front in Committee and look at ways of eliminating match fixing and applying suitable controls to betting—and, at the same time, make sure that we take action against any illicit profiteering approaches to the use of the secondary market.

Considerable time was spent during Committee, when we last looked at the Bill, on secondary legislation. My noble friend made significant concessions regarding the delegated powers in that Bill. I hope that we can look at the residual concerns regarding locations and advertising when we address the subject again in Committee. They are still there and, I think, have yet to be fully considered by government in a way that would carry the support of the House.

On the subject of ticket touting, advertising and trading, I am grateful to the Advertising Association for continuing its characteristically deep-dive assessments of important legislation affecting the promotion of the role, rights and responsibilities of advertisers. It has been in discussion with government and remains concerned about the length of time that the vicinity and trading restrictions are in place, the need for affirmative procedure, to which I have just referred, to apply to the Secretary of State’s regulations as proposed by the Delegated Powers Committee, so that there may be public scrutiny of the regulations, and about suitable, comprehensive exemptions for the sale and distribution of newspapers and magazines.

The Minister has commented, not least in a Written Answer to me recently, on the important question of including shooting disciplines in the Commonwealth Games programme; or, as I understand it, in a separate event which will be duly recognised as an associated event. I understand that it will be fully paid for by the Indians but again, the noble Lord, Lord Foster, and I would appreciate clarity on that point. The important issue is that the medals in archery and shooting will contribute towards the Commonwealth Games medal tally. The formal proposal is with the Commonwealth Games Federation and I understand that it will be considered on 20 or 21 February, if I am not mistaken. If that is the case, it will give us time in Committee to look at its outcome.

For all those among your Lordships who have lobbied hard, however, it is vital to solve the possibility of what was then on the table: an Indian boycott. Coming as it does from a nation which is a close member of the Commonwealth Games family, a likely host country of future Games and, in the wider post-Brexit world, a key trading partner of the United Kingdom in the future, this absolutely should not happen. I hope that my noble friend the Minister can place on record in the strongest terms her support for a solution to this problem—above all, a solution for the athletes. If I recollect rightly, shooting has been at every Games since 1974. I may be wrong. but it has certainly been there throughout most of my recollection of the Commonwealth Games. It is great to see T20 cricket, para table tennis and beach volleyball as the three optional sports, but we need to sort out the challenge we face on the absence of shooting and archery. I hope that we can persuade those who make the final decision to accept and fully endorse the Indian recommendation to the Commonwealth Games Federation.

The questions of gene editing and doping in sport are perennial; I speak regularly on both subjects. I think that gene editing will become one of the greatest challenges to sport in 20 years’ time. It is highly risky, early-stage science, but the reality is that, if we can apply gene editing to relieve the burden of heritable diseases, we can also expect it to be put to the benefit of the multibillion-dollar commercialisation of sport worldwide, coupled with a toxic mix of pariah nation states seeing global leadership through sporting success—the only field where they can so succeed—leading them to invest in gene editing research to engineer offspring for specific traits, including athleticism. The House had the opportunity to debate this in detail at the end of last week. It is a critically important area, and it will be even more important in future than performance-enhancing drugs are today. I hope that the organising committee and the Commonwealth Games Federation not only take this seriously but can influence where possible the World Anti-Doping Agency and others who will have final responsibility to ensure that the Commonwealth Games Federation, where sport is concerned, takes a lead.

I come finally to physical well-being. It was announced to the House last June that the Government have the lead on the legacy and benefits steering group. I am grateful to the Minister for her reply to my Written Question on the subject. The legacy work will draw on other major Olympic and Commonwealth experiences but will draw also

“on the evidence from Sport England’s £10m Local Delivery Pilot investment to promote physical activity in hard to reach groups in Birmingham and Solihull.”

I commend Sport England for its work in this area. While this project is ambitious, an aim of maximising community involvement was set out at Second Reading. At the time, there were just 850 members of “the crowd”—which is the title for this excellent programme—but it was linked to an objective of reaching 10,000 members over the next 16 months. That has now been reached.

I hope that the excellent progress made in the past six months provides the opportunity to turn what is silver medal legislation into gold medal legislation.