Birmingham Commonwealth Games Bill [HL]

Lord Moynihan Excerpts

Committee stage & Committee: 1st sitting (Hansard) & Committee: 1st sitting (Hansard): House of Lords
Tuesday 25th February 2020 Lords Chamber

[Lord Addington (LD)]

This is an interesting group of amendments about the funding of the Games. My initial reaction was that it is an interesting idea, but how does it affect these Games? My initial response to the amendment tabled by the noble Lord, Lord Hunt, was that it is an interesting idea but not here and now because the Government told me they have underwritten the Games. We will probably have a little more transparency and more of an idea about how that underwriting takes place in a few minutes’ time, but making these Games a success is the priority in these discussions. We will not solve local government finance in a Bill with this Long Title. It was suggested to me that the department wants us to pass this amendment so that it can fight with the Treasury. I know where my money would be on that one—it would not go beyond three rounds.

What are we going to do about this? We are going to make sure we know what is happening so we can get on and do the Games and do them well. If we get it wrong—remember it is a Bill about the Games—we will lose something that we have built up a huge amount of credit for. We can do these big events well. We have a track record. We are coming in late so we cannot have the schemes and imaginative discussions we had on the Olympic Games. We are the white knights, the rescuers, coming in to make sure the wonderful, second-biggest multi-games event on the planet functions again. We are doing a good thing. If we try and Christmas-tree too many things on it, we will get into trouble. If the Government are making very clear that they are underwriting the Games and Birmingham City Council knows what the relationship is—whether it is a loan or a gift—then we are in good shape. However, we have to know.

My amendment is designed to know what packages can be done. My noble friend described it as imaginative. It is not. It simply uses examples of what we have done before. We used the National Lottery for the Olympics. Do we use some form of lottery now? Do we use something based around it? If we place a series of handcuffs on or stumbling blocks in front of the organising committee, we risk throwing the baby out with the bath water. Let us get on with it. We have come in late. We are doing a good thing. It will not be perfect. We will not have the indulgence of discussing and preparing things like we had for the Olympics, where the Bill was there before we won the bid.

Using tried and tested ideas might be the better way forward. I suggest in future that local government should know what contributions it can make, how much it can raise and what responsibilities it has. Doing a study now will help it in the future because we do not want this to be the last thing to be put on. We do not want something getting in the way of us winning hosting, for example, the soccer World Cup. Let us make sure we have clarity. I hope at the end of this discussion we will have a little more of it.

[Lord Moynihan (Con)]

My Lords, I will speak to Amendments 5, 19 and 20 in the first group. In so doing, I echo what the noble Lord, Lord Hunt, said: all of us are united in believing that the Games will be great. We already have an outstanding organising committee and there is both political and popular will to ensure that they will be memorable and enjoyable.

I thank the noble Lord, Lord Foster of Bath, for introducing my amendment so well. I need hardly say anything more, save to underline the fact that the original reporting provision required the first report to be submitted to the Secretary of State as soon as was reasonably practical after 31 March this year. Because of the delay in the legislation, that was put back a full year until after 31 March next year, which is very close to when the Games are going to be held the following year.

In the context of being transparent and accountable, not only to the people of Birmingham but to other taxpayers, it is important that there is a more regular reporting structure to and timetable for your Lordships’ House. That is why I have proposed the amendment that there should be a report, starting on 15 July 2020 and then every six months until the end of the year of the Games, 31 December 2022.

Transparency is critical. Transparency about any overruns on financing will carry the public with us. It will allow all of us to know the exact underwriting procedure, how it will be dealt with, the precise budget, the current expenditure on the Games at any given six months, and the provisions for drawing down on the contingency, which are unclear to me. I do not know if they are clear to the rest of the Committee. It would be helpful if the Minister could outline on what basis the contingency will be drawn down, particularly given that the Games are underwritten by the Government.

With those comments now on the record, clearly the amendment that I tabled about the budget and revenue sources for all Games events, including shooting and archery, has been overtaken by last night’s decision. However, I look forward to the debate that we will undoubtedly have on the second group, when we will look at some of the detail of what was announced yesterday and the consequences for the Games.

[Baroness Grey-Thompson (CB)]

My Lords, like many others in your Lordships’ Chamber, I am very excited by the 2022 Commonwealth Games. I am excited for several reasons, not least because the Commonwealth Games book-ended my career, and my last Commonwealth Games signified that I should find something else to do with my life. Also, I lived in Ward End in Birmingham for four years, and I know that the opportunities to use the Games in an incredibly positive way for the city are boundless.

I agree with the noble Lord, Lord Foster, about the grouping of the amendments being quite sensible. The expectation that people have of the Commonwealth Games is different from the one they have of Olympic or Paralympic Games because they are different types of events. However, the challenge that this country has set itself is for the rest of the world to see how good we are at organising Games, so it is essential that we get the budget absolutely right—that we have enough money to spend, but spend it wisely. I also agree with the noble Lord, Lord Addington, about what happens in coming to this slightly late. As we get closer to the Games, things become more stressful. The amendments would ensure that all the different stakeholders worked together to do the reporting and make sure that the Games are carried on as well as possible.

The reporting of finances is important for a number of reasons—not just because of the Games in Birmingham. Looking to the future, we are much more likely to bid for another Commonwealth Games before we bid for another Olympic or Paralympic Games. I do not want the group of cities and countries that are able to host the Commonwealth Games to become smaller and smaller because of the cost and transparency involved in them; that is why I believe that the reporting is incredibly important.

I totally agree that there should be early and regular reporting. As we get closer to Games-time, those working on the Commonwealth Games organising committee will be looking for other opportunities. We know that there is a group of people who travel from organising committee to organising committee, and they will be looking to join the committee for the next Olympics or Paralympics. We cannot lose that corporate knowledge of reporting, and that is why it is essential that we have very regular reporting. It would also inform what we do in relation to future bids. Whether it is for the World Cup or any other Games, this information is incredibly important.

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[Lord Foster of Bath]

My Lords, in the spirit of wishing to move the Bill on quickly, I point out to your Lordships’ House that my amendment would simply delete the word “or” and insert the word “and”. It is one of those typical amendments that are used to trigger debate on a particular issue. It was intended to give us an opportunity to look at the point made in Clause 1, which referred to the Games as meaning

“an event forming part of the Games (whether or not a sporting event), or”—

or “and”—

“any other event arranged by, or on behalf of, the Organising Committee”.

That would have given us the opportunity to debate the issue of archery and shooting. As we have heard, the Commonwealth Games Federation has now made an announcement about what it intends shall happen with shooting and archery. It has made it clear that it will be a completely separate event not in any way related to the Birmingham 2020 Games, with its own medals, its own organisation and certainly no financial impact on Birmingham City Council or the Government. Nevertheless, subsequent amendments in this group give noble Lords and particularly the Minister an opportunity to comment on the Commonwealth Games Federation’s decision, about which Noble Lords may have a number of concerns. For example, if we are to have, as we have been told, a combined medal table, with the Indian Games covering archery and shooting and the Birmingham Games covering any other events, what exactly is the status of that table? The question of whether the India 2020 Games will be expected to abide by regulations—social charters and so on—similar to the ones we are adopting will also doubtless be raised. I sense the Minister will say that that is outwith the debate, since it will no longer be our responsibility; however, the medal table will be.

The longer-term issue is whether this is the beginning of what could be a very exciting future for the Commonwealth Games, in which individual countries that may find it difficult to fund the full cost of all aspects of the Games in their country could partner with other countries. There could be some very exciting developments, but questions will be raised. For instance, who will have the right to determine which events are to be part of the Games, or will that suddenly revert to the centre, with the Commonwealth Games Federation handling all the details?

We look forward to hearing from the Minister on these issues, and from others with far greater expertise than I have—not least the noble Lord, Lord Moynihan, whom I am sure we are all looking forward to hearing from. I beg to move.

[Lord Moynihan]

My Lords, I rise to speak to Amendments 12, 13, 14, 15 and 16 in this group, standing in my name. I will speak to them all since they refer to the same item, in view of the decision that was made last night and was announced by the Commonwealth Games Federation.

It is important in the first instance to recognise that all the points that are relevant in this context have been raised by the noble Lord, Lord Foster. I will focus pretty much exclusively, as one might expect, on the sporting aspect of the comments that he has made.

It is important to place on the record the work of the executive board of the Commonwealth Games Federation over the weekend to approve the hosting of the Commonwealth archery and shooting championships in Chandigarh, India, in January 2022—a proposal put to them by the Commonwealth Games of India. This is indeed ground-breaking. It is an innovative approach that the Commonwealth Games Federation is taking in partnership with the CGI, the National Rifle Association of India and the Archery Association of India, and it meets the requirements of all stakeholders, especially the Commonwealth shooting and archery athletes. The International Shooting Sport Federation should also be congratulated on its role. It has facilitated the settlement among the Commonwealth family of what has become the vexed question of the exclusion of shooting from the Commonwealth Games 2022—vexed to the point that there was real concern about India boycotting the Games.

Reference has also rightly been made to the important initial work undertaken by the ISSF on the sidelines of its general assembly—held in December last year in Munich with the Commonwealth Games Federation, the NRAI and the Commonwealth Games shooting federation—on a detailed protocol governing the future relationship with the international federation, working in close conjunction with the Commonwealth Games Federation. If the Minister does not have that protocol to hand, it would be helpful if it could be circulated to interested members of the Committee, or indeed placed in the Library. The decision confirmed, as has been made clear by the noble Lord, Lord Foster, that Chandigarh 2022 and Birmingham 2022 will be two separately organised and funded Commonwealth sports events.

However, then came the unexpected announcement last night, not least the Commonwealth Games Federation’s stating that

“as a further and final legitimate ranking of competing nations and territories from the respective competitions”,

the two will be combined. The results from both will be combined a week later. I warmly welcome the decision in principle: it takes the Commonwealth Games into a new era of recognising the importance which should be attached to countries with a common purpose sharing venues when hosting expensive international sport. It comes close on a number of similar examples, not least in the Olympic and the Paralympic world, when it comes to bidding. Indeed, a bit more recently, five ASEAN countries have come together to talk about jointly bidding for the FIFA World Cup.

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[Baroness Barran]

I am happy to explore that, but my understanding is that that decision has been taken. Perhaps we need to see how it plays out in the event that the model is adopted in future.

[Lord Moynihan]

I am very grateful to my noble friend, because I know that this is not an easy wicket on which to be batting. Dame Louise Martin, president of the Commonwealth Games Federation, stated last night in a letter to a number of your Lordships that the Commonwealth Games Federation executive board agreed a resolution that,

“One week following the Closing Ceremony of the Birmingham 2022 Commonwealth Games, the CGF shall issue a medal table that includes results from the Chandigarh 2022Commonwealth Archery and Shooting Championships, as a further and final legitimate ranking of competing nations and territories from the respective competitions.”


It is very clear that both will be brought together, and therefore nobody in the world of sport will separate them. I appreciate that this will not be resolved this evening.

The suggestion made by the noble Lord, Lord Hunt, is an excellent one, as is the suggestion made by the noble Baroness, Lady Grey-Thompson, that if we are going to have this, it is wise to reflect on the best way of presenting it, and indeed co-operating in areas where co-operation would be beneficial to the future of the Commonwealth Games.

[Baroness Barran]

My noble friend makes a very fair point, and I am sure that the Commonwealth Games Federation has given enormous consideration to these matters and will continue to reflect on them.

I turn to the amendments in this group. As noble Lords will be aware, the current proposal was announced by the Commonwealth Games Federation only yesterday and was obviously very timely, given the keen interest of a number of your Lordships in this Chamber to see the championship event funded and delivered in Chandigarh by the Indian Olympic Committee and the Government of India. I reiterate what I said in the earlier group that there is no financial operational responsibility sitting with the Birmingham 2022 Organising Committee. As this will be organised and funded as a separate event, the organising committee will not be in a position to report on the progress of delivery of the shooting and archery championships, as called for by my noble friend’s amendments. As such, and to address the amendment in the name of the noble Lord, Lord Foster, the measures in this Bill apply only to events forming part of the Birmingham 2022 Games or any other event arranged by, or on behalf of, the Birmingham 2022 Organising Committee. I do, however, note the intention behind the amendments and fully support the steps taken by the Birmingham 2022 Organising Committee to ensure that social values are a key consideration from delivery through to legacy.

In particular, I welcome, together with all noble Lords, the development of the Social Values Charter, which embodies the values of the Commonwealth sports movement and the Transformation 2022 agenda. I agree that the central focus on social values is greatly welcomed and provides another fantastic example to the organisers of other and future events. This has already been touched on this evening. Accordingly, we hope that the Social Values Charter will be a legacy for future Games and ask that the Commonwealth Games Federation considers how the ground-breaking work undertaken by Birmingham 2022 can become a normal convention.

The Commonwealth Games Federation’s Transformation 2022 strategy is clear about how the Commonwealth sports movement places human rights, governance and sport for social change at the heart of its new vision and, indeed, it has already confirmed that, like its host city arrangements for other events, Chandigarh 2022 will be expected and contracted to uphold the highest standards in this regard. Given the clear separation between the two events, but not taking away from the important work that Birmingham 2022 is doing to promote social values, I ask that the noble Lords withdraw their amendments.

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Moved by

[Lord Moynihan]

6: After Clause 1, insert the following new Clause—
“Sports legacy plan
(1) Within six months beginning on the day this section comes into force, the Organising Committee must prepare a sports legacy plan, setting out how the Games will promote sport participation in Birmingham and across the United Kingdom following the conclusion of the Games.(2) The Secretary of State must lay the sports legacy plan and any subsequent revisions of the plan before each House of Parliament.”

[Lord Moynihan]

My Lords, in moving Amendment 6 I shall speak also to the amendments in the name of the noble Baroness, Lady Grey-Thompson, and the noble Lord, Lord Addington. In effect, we are talking about three things in these amendments. The first is sports legacy, which we covered in detail at Second Reading and in consideration of the Bill last year. The noble Baroness, Lady Grey-Thompson, has focused on schools, which are critical to sports legacy. Her amendment talks about local schools. I think we may need to broaden that: I hope that the sports legacy from these Games touches schools throughout the United Kingdom. The noble Lord, Lord Addington, will talk about future Games’ success strategies. All three seek to embed these into the legislation because it is absolutely critical, if we are going to host the Commonwealth Games, that we have government support for achieving a proper sports legacy from the Games and a clear success strategy for future Games. In my view, nothing is more important than the school sports strategy that should also flow from it.

This is not 100% the domain of the organising committee. I know that it is absolutely committed to having a good sports legacy from the Games, but this is where the Government can help. It is where they can say that the Commonwealth Games in 2022 should be a catalyst for a transformational sports legacy in this country. The challenge, therefore, is to make an outstanding Games great through exceptional performances of athletes from throughout the Commonwealth, but at the same time ensuring that it leads to a step change in sport and recreation opportunities for those inspired by the Games. Strong ministerial co-ordination is essential in this context. We need it through a wide range of departments: the Department of Health and Social Care, the Department for Digital, Culture, Media and Sport, and ultimately—and most importantly—the Department for Education. In all three, we need to have co-ordination, greater government commitment, and political leadership that can turn a great Games into a great sports legacy.

Schools are the epicentre of sport around the world. The United Kingdom should be no exception. We should learn from the strength of New Zealand sport. It a small country that punches massively above its weight across so many sports. Its facilities are in use 24/7. It has a policy that focuses on making sure that school sports facilities are available to able-bodied and disabled athletes whenever possible and that appropriate coaching is made available through, and with the support of, the schools. They meet the challenges that are historically a problem in this country. These include insurance—schools not making their facilities available for fear of insurance consequences—and the cost of transporting youngsters to and from those schools and of lighting, particularly in the winter months. All these can be overcome if there is a clear direction from the centre, political will, and a recognition among schools—not least independent schools—that they should fulfil their charitable status obligations by reaching out into the community and embracing young people from primary and secondary schools in the area to ensure that all sports facilities are properly used.

It is interesting that in France, before the beginning of the academic year, there is a freshers’ fair equivalent, where all schools welcome sports clubs in the vicinity to encourage young people to take up sport. It is schools, with the enthusiastic support of heads, PE staff, parents and local coaches, that are the vehicles to drive participation rates. No school should be an island; they should work with a multiplicity of local clubs: in Birmingham for the Commonwealth Games, but throughout the United Kingdom. I say “throughout the United Kingdom” because I emphasise the point that the Games should be a catalyst for the Government to say that we are going to take sport to a different level. We are going to increase participation. We saw a gradual drop-off in participation figures as a percentage of the population post London 2012. That was one of the saddest reflections on what was otherwise an absolutely magnificent year and a great Games. We must ensure that we learn lessons from that and that Birmingham does not repeat that. I hope that head teachers will be given support from the Government to reflect the demand for giving sport a higher priority in the school curriculum.

The problem is not, however, just on the school side. We need to look at planning laws and how we could change them to protect the playing fields in this country; to make sure that more resources are directed towards Fields in Trust—the national playing fields association—and to encourage Ofsted to take a far more proactive role. Quite frankly, nothing short of a revolution is required to improve the content and time devoted to prepare primary school teachers to work with schoolchildren in physical education. I hope that this wider agenda, which is absolutely critical, is not dissimilar to the recognition by the Government that, if you want to be an author, you learn to read and write first. It is the same with physical activity: if you want a child to become involved in sport, you first need to teach them to run, catch and jump. That is why physical literacy is so important and why it should be part of every child’s school life.

We touched upon the specific aspects of a sports legacy plan for Birmingham at Second Reading. Today we have two excellent amendments, which I fully support, to make sure that we embed these principles into legislation. We encourage the Government to do so by recognising in the Bill that we should be highlighting the importance of not just supporting the organising committee, as we are doing in this Bill, to host an amazing Commonwealth Games in 2022—of which I have no doubt we shall all be proud—but making sure that embedded into the same legislation is a commitment by the Government to make the future legacy very real. It should be a step change from what this country has enjoyed in terms of participation and opportunity for young people who are inspired by watching the Commonwealth Games in Birmingham. I beg to move.

Amendment 7 (to Amendment 6)

Moved by

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[Lord Moynihan]

My Lords, I am very grateful to all noble Lords who have taken part in this interesting debate. As the noble Lord, Lord Foster, highlighted, this is an area of responsibility for government. It is even built into the documentation for the Games. Quite frankly—I say this with a heavy heart—we should not be funding events if we are not prepared to fund the sports legacies of those events. To give a final example, while pressure is applied to local authority spend the fact is that it is discretionary spend and will always be squeezed first. I hope my noble friend the Minister can take this point away: sport and recreational provision is discretionary spend in England. It is the largest source of funding for sport in this country.

However, until we recognise the importance of sporting opportunity: for the young in educational terms, as the noble Baroness, Lady Blower, said; in aiding the fight against obesity, which was highlighted in terms of health; in providing the only language understood by too many of our young people who find the classroom alien and who, without the medium of sport, would find themselves on an escalator to crime; in overall health terms; in learning teamwork, the mantra of any further education; in management skills from shopkeeping to JP Morgan; and in realising the opportunity of a multibillion dollar industry worldwide, with new media and global social networking access, then the discretionary funding of sport will see sport and recreational facilities, and their legacy, wither and die on the vine of cost savings. With it will go the inspiration awakened by a great Games for so many young people in 2022.

There needs to be a concerted sports legacy policy—not just a plan but a series of policies—to open up our schools to dual use and make the sports legacy a reality. I make no apologies for being passionate about this subject, and I will make the case until they carry me out. But with those words, I beg leave to withdraw the amendment.

Amendment 6 withdrawn.

Moved by

[Lord Moynihan]

8: After Clause 1, insert the following new Clause—
“Accessibility
The Secretary of State must make such regulations in relation to the access of disabled athletes, employees, volunteers and spectators to Games sport venues and sporting events as he or she thinks fit, including in relation to technical specifications, training for accessibility and events requirements, so as to ensure that all venue design and planning as well as sporting events’ operations satisfy the principles of equity, dignity and functionality as further specified in Accessibility Guide - An Inclusive Approach to the Olympic & Paralympic Games, issued by the International Paralympic Committee in June 2013.”

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[Lord Moynihan]

My Lords, I shall make a brief introduction to this amendment because we have covered this in some detail, but that does not in any way take away from the importance of accessibility and of a focus in the Bill on the interests of disabled athletes and anybody with any disability who is associated with the Games, whether a spectator, a worker, an employee or any individual. They should not be in any way discriminated against. Placing accessibility in the Bill should be at the heart of our approach to hosting an international sporting event. We need an inclusive approach to these Games. In my amendment I refer to the International Paralympic Committee, which has done remarkably good work on technical specifications for access, circulation, pathways, ramps and stairways. Those are clearly defined—the IPC accessibility guide has some 250 pages. It has rightly been accepted as a live document; it should improve. It was written in 2013, post London 2012, but it is still regarded as the key document for any sensible and modern approach to accessibility when hosting Games. It covers amenities, hotels, other accommodation, publications, communications, transportation—which we will come to in a much-anticipated contribution from the noble Lord, Lord Snape—and training in accessibility. Training the volunteers about accessibility is really important, as is making sure there is awareness training and job-specific training for hosting Games. Then, there are the Games requirements which we have considered in the past.

Tokyo 2020 has just published its accessibility guide for the Paralympic Games. It is interesting to note that not only does it aim to use the Games to ensure that all the venues, facilities, infrastructure and services provided are accessible and inclusive; more importantly to me, it sees the Games as a catalyst for change throughout the whole of Japan. It has simultaneously published a universal design 2020 action plan, which the Japanese Government are looking to implement to improve accessibility across the country. That is a step forward from the 2013 document, because it states that hosting an Olympic Games or other major sporting event needs to focus on accessibility in all its forms, but it can also be used as a catalyst for change in the country as a whole. All these measures show how vital it is to place disabled athletes and anyone who faces any form of disability on exactly the same basis as any able-bodied athlete or anybody who does not require detailed consideration of their disability. We must improve social inclusion and accessibility. I am looking forward to the highlight of the Committee this evening, when we hear more about the transport plan—and, on a serious note, the importance of accessibility throughout the whole of the transport network. With those brief words, I beg to move.

[Lord Hunt of Kings Heath]

My Lords, I do not want to delay my noble friend’s tour de force but I want to support the noble Lord in what he said about accessibility. My amendment concerns a small bit of accessibility, but a very important one since many visitors will arrive to see the Games via Birmingham New Street station. New Street is a paradox because it is a wonderfully bright building which is very popular and has fantastic facilities, but it is not really a railway station. It is a retail outlet that was placed on top of a railway station, with no increase in the capacity of the station, apart from the four lounges at the top. I do not know what my noble friends think of those lounges, but they are basically deeply unattractive concrete holding pens to stop people cramming down on to the platform. There is no carpet. They are not like an airport. There is not even rubber matting. They are concrete and cold and miserable and do not do the job.

At Second Reading my noble friend Lady Crawley spelled out the confusing nature of the layout. My noble friend Lord Snape is puzzled by platforms A and B, but there is also the name. Is it Birmingham New Street station or is it Grand Central? There are different signs with different descriptions of what I think is the same building. The noble Baroness, Lady Brinton, raised the issue of people with disabilities trying to get through. We go through regularly and see people asking where the taxi rank is. There are two taxi ranks, but they are nowhere near where people leave the station. Both are in the open air because even though the station was designed to have one taxi rank with cover, it was then decided that that was not where you should catch a taxi. If you ask people what they think of the retail outlet—John Lewis and the restaurants—they say it is wonderful; but it is not New Street railway station.

All I am doing is highlighting a real concern that Network Rail needs to get a grip on this and rediscover its role of providing facilities for rail travellers rather than being a retail estate developer, which is essentially what it has become. We need some assurance that the organisers understand this and are going to make it as easy as possible for visitors to find their way to buses, taxis, trams and other facilities. I realise it could be argued that this is a small point concerning an otherwise fantastic Games, but it is actually quite important.

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The Government are confident in the Games partners’ ability to deliver on Games-time transport needs. I hope that the progress and planning that I have set out have reassured the noble Lord—who I hope is also my noble friend—that work is on track to achieve this, and, further, that noble Lords can see the commitment to delivering a truly accessible Games in 2022. On that basis, I hope the noble Lord feels able to withdraw his amendment.

[Lord Moynihan]

I am very grateful to the Minister for her response. There were a lot of very firm commitments there from the Government, particularly around accessibility. I think that this is important. Frankly, it is worth while tabling an amendment of this type simply to listen to the experience of the noble Baronesses, Lady Brinton and Lady Grey-Thompson, who have in effect put out a lexicon and agenda that must be followed. I am grateful to the Minister for her strong commitment and response. I am sure that we will pick up on the specific concerns that were raised as well. I look forward to the Government responding to those.

Finally, the noble Lord, Lord Snape, absolutely lived up to expectations—another gold medal performance from him. It was a blessing that we did not get a potted history of his experiences in Birmingham hotels this evening, as we did at Second Reading. With those brief observations, I beg leave to withdraw the amendment.

Amendment 8 withdrawn.

Moved by

[Lord Moynihan]

9: After Clause 1, insert the following new Clause—
“Charter for the Games
(1) The Secretary of State must direct the Organising Committee to prepare a Charter for the Games (“the Charter”).(2) The Charter must include policies for the Organising Committee on matters stated in the Birmingham 2022 Host City Contract including—(a) prohibiting any form of discrimination with regard to a country or a person on grounds of race, colour, sex, sexual orientation, sexual identity, physical or mental ability, language, religion, political or other opinion, national or social origin, property, birth or other status;(b) protecting and respecting human rights, conducting human rights due diligence, and ensuring any violation of human rights is remedied, in a manner consistent with the UN Guiding Principles on Business and Human Rights (“UNGPs”) and all international agreements, laws and regulations applicable in the Host Country and in line with internationally recognised human and labour rights standards and principles;(c) refraining from any act involving fraud or corruption, in a manner consistent with any international agreements, laws and regulations applicable in the Host Country and all internationally recognised anticorruption standards applicable in the Host Country, including by establishing and maintaining effective reporting and compliance;(d) carrying out all activities in a manner which embraces sustainable development and contributes to the UN Sustainable Development Goals and COP21; and(e) having regard to planning, construction, protection of the environment, health and safety, labour and working conditions and cultural heritage, including the implementation of a compliance management system to ensure that the work of partners and contractors is performed in line with the UNGPs and is held to high standards with regard to procurement, service delivery, due diligence and compliance.”

[Lord Moynihan]

My Lords, I will be brief. The social value charter is now on the website. Details of the principles to be upheld are clear for all to read. They cover everything inserted in the new clause that the noble Lord, Lord Foster, and I have proposed to the Committee this evening. It is vital to protect and respect human rights. It is essential that the host country refrains from any act involving fraud or corruption, above all to prohibit any form of discrimination, and to carry out all activities in a manner that embraces sustainable development and contributes to the UN sustainable development goals.

Finally, the amendment looks to

“having regard to planning, construction, protection of the environment, health and safety, labour and working conditions, and cultural heritage”.

All these have been taken on board in the social value charter, and the work being undertaken by the organising committee is gathering pace. It has had conversations with accessible ticketing providers. We covered accessibility in some detail in the previous debate. It is important to recognise that Birmingham 2022 is not seen as an isolated event. These Games are the culmination of the Transformation 2022 agenda, which the Commonwealth Games Federation has been working on for several years.

I have recently returned from Qatar, where I was looking in detail at how many of the issues covered in this charter are being implemented, in a country which has faced many criticisms and challenges in the past. I was going to share some of those reflections with the Committee this evening but instead I might write to all Members, just to demonstrate how a country can use the greatest single sporting event—in Qatar’s case, the 2022 World Cup—to transform its political and social landscape. It has established is own charter and is committed to a much-needed process of implementing change.

There is a torchlight that is shone on countries over all aspects of the social value charter, which are summarised in the amendment; it is absolutely essential that the charter is taken seriously and implemented in full. Tomorrow I shall have the pleasure and privilege of meeting the president of the International Olympic Committee in Lausanne over lunch. I shall be discussing how this document can be turned into a live document. It is remarkable work; the organising committee should be congratulated on it. It can be a template for work that is undertaken in Paris for the forthcoming Olympic Games and for all future international sporting events. I very much hope that it will be seen as that. The Commonwealth Games Federation should be congratulated on the work it has done to date. It is far easier to write words than it is to implement them, as all those of us who are interested in the subject know—not least the noble Baroness, Lady Young of Hornsey, who spoke at earlier stages of the Bill and has done so much good work on this, and who continues to lead, as she does in the House, on the subject.

With that in mind, and with these brief comments, I simply ask the Minister to recognise that all this work is being done. Let us put it in the legislation and show the world that the Government are equally committed to ensuring that the social value charter is effectively implemented.

[Baroness Grey-Thompson]

My Lords, I briefly thought about whether disability should be added to the list but, after the noble Lord, Lord Moynihan, presented Amendment 8 so eloquently, I am much happier with that.

The noble Lord’s amendment is really important. Given that homosexuality is illegal in 37 of the 53 Commonwealth countries, it is clear there is still a very long way to go in ensuring people’s human rights. This amendment brought to my attention the fact that a lot of disabled athletes who are part of the Commonwealth Games teams are treated far less favourably than their non-disabled counterparts. This goes down to the provision of kit. A number of Commonwealth countries do not provide their disabled athletes with appropriate competition kit or tracksuits. There is a charity called Kit Us Out, run by Alex Mitchell, which has provided several thousand pieces of sports equipment and kit to disabled athletes competing at both the Commonwealth Games and the Paralympic Games. At the previous Commonwealth Games, he also provided 12 wheelchairs for athletes who did not have them, making their lives significantly easier.

Due to the late hour, I shall write to all Members of the Committee and connect with the Minister’s department. This is something that is worth pursuing—making sure that we send out the right message to disabled athletes who will be competing in this country.

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[Lord Moynihan]

My Lords, I am very grateful to the Minister for that response. I will take her up on her offer to discuss further the points that she has raised. With that commitment from her, which I appreciate, I beg leave to withdraw the amendment.

Amendment 9 withdrawn.

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Moved by

[Lord Moynihan]

21: Clause 10, page 7, line 14, at end insert—
“( ) A Games ticket which is suspected to be touted in contravention of this section may be treated as a prohibited article under section 1(7) of the Police and Criminal Evidence Act 1984 (power of constable to stop and search persons, vehicles etc.), and a constable may use powers conferred under that section for the enforcement of this section.”

[Lord Moynihan]

My Lords, Amendment 21 covers the subject of touting. We have discussed at earlier stages the abuse of the secondary market and the importance of this as a criminal offence. My principle concern in tabling this amendment is to encourage the Government to commit to recognising that the issue is not so much one of abuse of the secondary market but the lack of enforcement powers. It is vital that those enforcement powers are made available. In the interests of time, I will discuss the subject with my colleagues in another place who, I know, are interested in tabling amendments to that effect. I hope that my noble friend the Minister will be able to say something about the importance of enforcement. There is real concern that those powers are not available at present.

The additional amendments, Amendments 22 to 27 —and a ghost amendment, potentially Amendment 28, which appeared suddenly overnight but was never tabled—all relate to questions about advertising. I tabled these amendments because the Advertising Association, with which I am in agreement, has expressed concern that the current clause on the timing of the vicinity restrictions is too open to interpretation, creating significant uncertainty for many businesses large and small, as well as for outdoor media owners with billboards near the event venues.

As currently drafted, Clause 13(3) requires the vicinity advertising restrictions to come into effect from

“the beginning of the period of 21 days ending immediately before the day on which the Games begin, and … end no later than the end of the period of 5 days beginning with the day after the day on which the Games end.”

I recognise the need to ensure that event venues and the vicinity around them are kept clean from advertising during the event itself, but the clause currently gives scope for the advertising ban to extend for nearly a month and possibly across a wide area of England, which the sporting events will be spread over, with sporting venues in Birmingham, Staffordshire and Leamington Spa, and the velodrome in London. This is surely unnecessary and goes against the stated aim, which is to limit advertising in the immediate vicinity of the event for the period when the event takes place.

The amendment tabled would limit the advertising ban to the locality around each event and put in place reasonable time limits, starting the day before the event takes place and finishing the day after. The amendment also takes account of the possibility of multiple events at the location. I appreciate that planning for the event locations is still ongoing; the amendment does not impede that process, but provides a more proportionate and balanced approach to the vicinity restrictions. Given that the Secretary of State will not publish the implementing regulations until after the Bill has received Royal Assent, I believe this amendment is essential to give businesses up and down the country appropriate clarity.

The amendment takes the same approach as for the UEFA European Championships in Scotland, where regulations governing the trading and advertising arrangements have already been published for consultation by the Scottish Government. These state that if one venue hosted a single event that lasted only a day, the restrictions could apply for as little as a day before the event takes place and the day after. There is a strong case to align with this. Amendment 24 covers much the same issues for the trading offence, for the same reasons as I have outlined regarding Amendment 22 on the advertising offence. There is a direct read-across to that.

I tabled Amendments 25 and 26 to Clause 18 because, as noble Lords will be aware, the two must be read together. The Government accept the case for a statutory exemption for the sale and distribution of news media—newspapers and magazines. As I will argue, this requires both these amendments to Clause 18, given that Clause 18(1) is a summary of the exemptions set out in more detail by the subsequent subsections. Amendment 26 would provide a statutory trading exemption for the selling and distribution of news media, including newspapers and magazines whether online or print versions, along with the other trading exemptions. This amendment would create a further subsection, Clause 18(7).

At Second Reading, other noble Lords and I raised the need for the Government to confirm continued consultation on, and then the provision of, statutory exceptions to enable normal newspaper publication and distribution during the Games, as sought by the News Media Association. The Government, in reply, welcomed the engagement of the association on the development of the Bill, which places on the Secretary of State a duty to consult specific people before making the exceptions regulations for advertising and trading. The Government then helpfully stated that they were keen to continue working with the News Media Association and others as work on potential exceptions develops. The NMA has welcomed the constructive response of the Government. It stresses the importance of the enactment of robust, comprehensive newspaper exceptions to both the advertising and trading offences, which will be created by the Bill, and that these protections must be no less than the newspaper protections provided by such exceptions regulations for past Games and similar events.

My amendment also includes the sale and distribution of magazines. Such statutory exceptions are necessary, simply to enable the normal, lawful, unimpeded sale, distribution and provision of newspapers and magazines, including their usual editorial and advertising content, to their readers—surely something on which we all agree.

The final amendment covers scrutiny in this House. Noble Lords will recall that this was raised as an issue at Second Reading. It is important to have public scrutiny of the implementation of these restrictions to ensure they are workable for businesses that would be affected and are proportionate in their application, because the Secretary of State is not obliged, under the Bill, to publish the implementing regulations until Royal Assent, which reduces the opportunity for public scrutiny.

I commend all these amendments, which require a similar level of scrutiny. I have put them on record because a great deal of work has been done by interested parties, behind the scenes and outside the House. I hope they will be considered carefully by the Minister and in another place. I beg to move.

[Baroness Barran]

My Lords, the amendments tabled by my noble friend Lord Moynihan on advertising and trading restrictions seek to provide that news media would be excepted from the advertising and trading offences, to limit the period in which the restrictions could be in place in the vicinity of Games locations, and to apply the affirmative procedure to the regulations setting out when and where the restrictions apply. The ticketing amendment seeks to change the powers that can be used by the police for enforcement of the ticketing offence.

On Amendment 21, we recognise the importance of effective enforcement of all the Bill’s provisions, including those prohibiting the unauthorised sale of Games tickets. The enforcement provisions in the Bill have precedent, and have been informed by the experience of the Glasgow 2014 Commonwealth Games and the London 2012 Olympic and Paralympic Games. It is important to note that the Bill provides for ticket touting, advertising and trading offences to be enforced primarily by trading standards, as authorised by local weights and measures authorities. Nevertheless, the police may be asked to support trading standards carry out some enforcement activity, where this is operationally necessary, and we are working with the organising committee, local authorities and West Midlands Police to develop a co-ordinated approach to enforcing the Bill’s provisions.

I reassure my noble friend that this amendment is not needed to address an enforcement gap. Tickets can already be seized by trading standards under the Bill. Enforcement officers already have a suite of investigatory powers available to them through Schedule 5 to the Consumer Rights Act 2015, including the power to search and seize documents. We need to ensure that enforcement of this provision is proportionate. We should bear in mind that the provision is primarily intended as a deterrent. It would be disproportionate to add Games tickets to the list of prohibited articles, as this is intended to cover offensive weapons, and items intended to cause harm or to assist in acts of burglary or theft.

Finally, we believe that this amendment perhaps does not reflect the changing landscape of ticket touting. It concerns the enforcement of the ticketing provision against touts outside venues—thankfully a diminishing feature of the secondary ticketing market—rather than those operating through online ticket resale platforms, where potential breaches of the offence are perhaps more likely to take place. Importantly, as the Bill stands, the ticketing provision addresses the enforcement of the touting provision wherever it takes place. For these reasons, I ask my noble friend to withdraw Amendment 21.

On Amendments 22 to 27 on advertising and trading offences, we should remember that these offences have been brought forward to ensure that trading does not obstruct easy movement in the vicinity of Games locations and to provide a consistent approach at each venue. My noble friend Lord Moynihan also seeks to apply the draft affirmative procedure to the advertising and trading regulations, setting out when and where the restrictions will apply.

I mention here my thanks to the Delegated Powers and Regulatory Reform Committee for its report on the Bill. The committee recommended that these regulation-making powers be made affirmative. I intend to respond to this report shortly and will ensure that a copy of that response is made available in the Libraries of both Houses. However, I am not persuaded that such an amendment is necessary.

The Government are of the view, given the temporary nature of the offences and the proportionate approach to the offences set out in the Bill, that the negative procedure is appropriate. However, I reiterate and provide the reassurance that it is not the Government’s intention to place a blanket advertising ban or outdoor trading ban across Birmingham or the West Midlands. All Games partners are committed to engaging with those affected; indeed, business engagement across the city and region is already under way.

My noble friend Lord Moynihan has sought to include in the Bill that the restrictions provided in the vicinity of a Games location are time-limited, so that they begin no earlier than the day before the first event at a location and end no later than the day after the final event at a location. I remind the House of the remarks made by my noble friend Lord Ashton on Report of this Bill in the previous Parliament. He confirmed that the intention is in most cases for a facility to

“extend a few hundred metres beyond a Games location.”—[Official Report, 24/7/19; col. 790.]

However, it is important that we maintain operational flexibility with these restrictions, to protect the vicinity of Games locations from unauthorised advertising and trading. Such areas within the vicinity of Games locations may be affected only for a number of days—for example, in the immediate run-up to the Games—but as a consequence of this amendment they could not be protected from ambush marketing for the duration of that period. However, I want to provide reassurance that these restrictions will be proportionate and temporary, lasting a maximum of 38 days, and potentially far fewer in many cases. It will be driven by when and how Games locations are used; some may be in use only for a very few days. Because we are seeking to underline that commitment to proportionality, the Bill includes a small number of exceptions and a power to provide further exceptions in the regulations.

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I hope these remarks have provided noble Lords with reassurance that a proportionate approach will be taken to restrictions and a similarly sensible approach will be taken to exceptions. With that, I ask my noble friend to withdraw his amendment.

[Lord Moynihan]

My Lords, I am grateful to the Minister for her response and particularly her commitment to continue discussions with the Advertising Association and the News Media Association, which have been very constructive to date, although there is clearly further mileage to cover before both parties reach a satisfactory agreement.

I was disappointed to learn of the Government’s rejection of the proposal by the Delegated Powers and Regulatory Reform Committee because I believe that it put forward a very strong argument for the affirmative resolution in this context. However, I note that the Minister is going to write to all members of the committee, and we look forward to the response to that committee recommendation in due course.

The Minister recognised that the most important body to deal with fraud in the ticketing world was likely to be trading standards officers, but that is a very inadequately funded organisation in the context of ticketing abuse at the moment. Ticketing abuse is a growing problem. I welcome the CMA’s involvement with StubHub, viagogo and others, but we must not underestimate the importance of enabling the police to take swift action and to search individuals suspected of committing offences on the ground under Section 1 of PACE.

With those comments and my further thanks to the Minister and the House, I beg leave to withdraw the amendment.

Amendment 21 withdrawn.