Football Spectators (Seating) Order 2022

Lord Parkinson of Whitley Bay Excerpts

Monday 21st November 2022 Grand Committee

[The Parliamentary Under-Secretary of State, Department for Digital, Culture, Media and Sport (Lord Parkinson of Whitley Bay) (Con)]

I too am grateful to the noble Lord, Lord Faulkner of Worcester, for securing the opportunity for this debate. The order has returned licensed areas of standing spectator accommodation to the top tiers of domestic football. The statutory instrument in question has now come into force but, as the noble Baroness, Lady Hoey, said it is a historic moment of significant change, and I know that it is a field of great interest to many Members of your Lordships’ House.

Your Lordships’ House maintains a close interest in matters of sports ground safety, keeping a keen eye on the safety of our football stadia and on the work of the Sports Grounds Safety Authority, which regulates and advises us on this issue. It has done so since its inception as the Football Licensing Authority, at a time when, as noble Lords reminded us, we as a nation needed to apply some urgent focus to safety in our sports grounds—particularly to spectator safety at our football stadia following a number of very serious incidents which had raised many questions about the safety of the people enjoying a day at the match.

With the establishment of the Football Licensing Authority, the Secretary of State retained a power to issue directions regarding the nature of seated accommodation, and with that the all-seater policy was established—the requirement that clubs playing in the top two tiers of English football provide seated accommodation, and that they should remain all-seater at whatever tier of competition they find themselves playing in. The all-seater policy has played its part in the overall improvement of safety at football grounds, through which we have seen the game appeal to a broader range of people and, mercifully, reduced the occurrence of serious crowd safety issues. But in the intervening years a number of factors pressed the case for change. While the all-seater policy has been very successful, “persistent standing” represented a stewarding challenge in distinct areas of stadia which had simply not been designed for spectators to stand safely. The all-seater policy caught in its scope only clubs promoted to the Championship and has not permeated throughout the entirety of professional football. Clubs in the same league are constrained by different ticketing offers but must safely manage the expectations of visiting fans. Various stadium infrastructure options are now available to provide safe standing. While this will always remain a safety policy—noble Lords are right to accentuate the importance of safety again today—the calls from fan groups for choice in how they watch the game were notable. Supporter groups have campaigned on this issue for many years, and the Football Supporters’ Association in particular has been an important partner.

The order, laid earlier this year, is a significant milestone. It comes after several years of careful and evidence-driven policy development, which reflects the different forms of safe spectator accommodation that we are now assured may be delivered with comparable or, indeed, with improved levels of spectator safety.

The potential for licensed standing accommodation had been discussed over several Parliaments but, as the noble Lord reminded us, the Conservative manifesto of 2019 outlined a clear commitment

“to work with fans and clubs towards introducing safe standing”.

With sensible caution—we promised progress rather than necessarily completion of the process—we have been careful to balance moving quickly with the gathering of evidence, consulting the people involved and shaping a responsible policy response.

As noble Lords will know, the Government launched an early adopter programme for licensed standing in seated areas on 1 January this year. The programme was implemented to test the practicalities of safety in areas of standing spectators—whether areas struggling with persistent standing could be mitigated with the installation of appropriate infrastructure to support near-continually standing supporters, and stewarding strategies that permitted standing in these areas of the ground. This programme offered the opportunity to test the approach over the remainder of the 2021-22 football season in stadia already equipped with, or prepared to invest in, appropriate supporting rails in some limited test areas of their spectator accommodation.

The programme included five early adopter clubs: Cardiff City, Chelsea, Manchester City, Manchester United and Tottenham Hotspur. While their vested interests cannot be denied, it remains extremely welcome that an appropriate cohort of football clubs was prepared to engage in this programme with no guarantees as to the outcome. Their investment in and openness to the project was critical, and we would not have come to enacting a significant change in the legislation governing sports grounds safety without their enthusiastic involvement.

With a number of clubs enlisted, the Sports Grounds Safety Authority formally commissioned an independent evaluation of the early adopters programme, which included a full roster of on-site observations across all participating clubs. The evaluation built on areas of relevance highlighted in an earlier evidence review and on the wider hypotheses of crowd dynamics in different configurations of spectator safety.

The authority published an interim report from this study on 23 April this year, which confirmed that

“Installing barriers or rails in areas of persistent standing in seated accommodation continues to have a positive impact on spectator safety”,


particularly in mitigating the risk of a progressive crowd collapse, by limiting forwards and backwards movement. This confirmed the belief of some experts in relevant areas, but the opportunity to have this configuration observed in situ, in real match-day environments, offered a compelling platform from which to commit to an evolution of approach in the regulation of sports grounds safety regulation.

On 24 May, we laid a Written Ministerial Statement, which indicated that, on the basis of these findings, the Government were “minded to” change the existing policy to allow all clubs currently subject to the all-seater requirement to introduce licensed standing areas for the start of the 2022-23 football season, provided they met strict criteria set by the Sports Grounds Safety Authority. The Statement was clear that any change to the existing all-seater policy would remain contingent upon the final evaluation report confirming the findings of the interim report.

CFE research subsequently provided the SGSA and DCMS with the final evaluation report. This concluded that the trial of licensed standing areas had been a success in both home and away sections. Given the positive impact on the safety of fans and the lack of any evidence that it increased disorder or anti-social behaviour, the report recommended that all clubs, in consultation with the SGSA and safety advisory groups, be given the opportunity to implement licensed standing areas and that the necessary amendments to the legislation be made as soon as possible.

The report also highlighted a number of other positive impacts of installing barriers or rails, also consistent with the previous research findings of the SGSA itself. These include: celebrations being more orderly with no opportunity for forwards and backwards movement; the risk of injury and the danger posed to others from spectators standing on seats or on the backs of seats being significantly reduced; egress from stadia being more uniform; it being easier to identify pockets of overcrowding in these areas; barriers making it harder for spectators to move towards segregation lines; putting stewards in more locations without affecting sightlines; and barriers offering stability for people moving up and down aisles and gangways. The final report also noted that operating licensed standing areas has the additional benefit of removing

“the need for safety teams to make spectators sit down, thus reducing potential conflict between staff and spectators”,

while also enhancing the match-day experience of spectators.

On the basis of this carefully considered programme of work, the Government subsequently laid the statutory instrument which retained the all-seater policy by default. Within this, the SGSA has the leeway to set appropriate criteria for areas where stadia subject to the policy may permit standing accommodation. With that, we have met, and indeed, exceeded our manifesto commitment of 2019; subject to meeting exacting criteria, clubs may now apply to offer areas of licensed standing accommodation for spectators throughout the Football League.

The noble Lord, Lord Faulkner, raised a number of important specific questions on the management of these licensed standing spaces, and I am pleased to say that the criteria which the SGSA has set for licensed areas directly addresses many of the points which he has highlighted today. However, to cover those briefly: meaningful engagement with the safety advisory group must be demonstrated, as must a plan for continued engagement with it throughout the season; there must be no negative impact for other spectators, and specifically for spectators with disabilities—we are always happy to engage on feedback, but provision for all supporters is key to the criteria set out for standing areas; and appropriate stewarding must be in place. The detail of what this looks like and the resulting broader management of spectators will of course vary from ground to ground, but what will remain common is the careful oversight of grounds adopting safe standing areas.

Level Playing Field, with which the noble Lord is associated, and many others, have been important parties in helping us to develop this policy. These licensed standing areas are relatively few in number and their compliance to the criteria will be closely monitored. However, the continued input of Level Playing Field, supporters’ groups and other advocates for accessible stadia remains very welcome, whether that is with their club, the SGSA or directly with the Government.

The noble Lord highlighted the importance of accessibility for spectators, and we particularly welcome the continued efforts of Level Playing Field in convening spectators with accessibility needs and for advocating for them in football—and in other sporting areas. All-seater stadia have contributed a lot to the needs of many spectators, and we hope that standing areas will offer choice and reinforce the improved experience that all-seaters can offer those who wish to or need to sit. I should say that Ministers have met Level Playing Field as this change has been introduced, and we welcome its continued engagement in ensuring that it has no unintended consequences for any fans.

The noble Lord, Lord Faulkner, also reflected on the fact that it might be perceived that we have changed public policy in line with those spectators who are “persistent standers”. Our research has now demonstrated that alternative policies may deliver the same, or improved, aim of spectator safety. With appropriate licensed infrastructure in place, at the expense of the club, spectators who wish to stand may now legally purchase a ticket to do so, and we can permit this in the knowledge that they are doing so in a safe environment. Safety should remain the prime objective, as it does in this statutory instrument.

The noble Lord, Lord Addington, asked some questions on specific numbers and the density of crowds. I should reiterate that this is not a return to terracing. The criteria for standing areas have been carefully crafted following the existing evidence and new observations from the early adopter areas. Standing areas will maintain the same density of crowd; here we are talking about allocated places assigned to ticket holders, and feedback from the police on appropriately monitoring stewarding has been reflected in the criteria more generally.

[Lord Addington (LD)]

My Lords, I was concerned with making sure that the barriers are sturdy enough to resist any crowd surge. That surge—the movement forward—is the danger. Can the noble Lord give us a little detail of when we will find out what that testing was so we can be absolutely sure of this? Also, if, as I understand it, there will be only one row, have there been tests to make sure that that will always be kept in place?

[Lord Parkinson of Whitley Bay (Con)]

I am grateful to the noble Lord for the clarification. If it is helpful, I will write with some technical detail, as what he is asking is probably best covered in a letter setting out some of the technical specifications.

It is perhaps an interesting point to add that UEFA, which has consistently also maintained an all-seater policy for its competitions, is now conducting its own review into the feasibility of licensed standing areas. UEFA will engage with relevant parties in the UK and other UEFA nations that routinely have standing accommodation available in its domestic competitions.

The noble Lord, Lord Bassam, asked about the consumption of alcohol in view of pitches, an issue covered by the fan-led review. I know that he looks forward to a full response on that from the Government, which will be coming in due course. I shall check whether the document that he mentioned has been deposited in the Library, and, if not, I shall ensure that it is.

In conclusion, the statutory instrument does not change the overarching approach to sports ground safety. Safety remains the primary factor in whatever type of spectator accommodation is offered; the measure that we are debating today does not draw our interest in that to a close. We must not rest on our laurels with any aspect of stadium safety, but I am confident that in the Sports Grounds Safety Authority we have an expert body that will ensure that our approach evolves and remains world-leading for many years to come.

[Lord Bassam of Brighton (Lab)]

I am sorry to get to my feet again, but the Minister has not dealt with my points on the five-yearly review periods and the criteria for design, and so on, although I appreciate that the technical stuff may be better dealt with in correspondence. Could he reflect on those two points?

[Lord Parkinson of Whitley Bay (Con)]

If I may, I shall add the response to the five-year review to the letter setting out the technical details on the criteria. As I say, I remain confident that in the SGSA we have a suitable authority. I know that noble Lords will remain vigilant on this important issue, as rightly they should.