Unauthorised Entry to Football Matches Bill

Philip Davies Excerpts

2nd reading
Friday 23rd February 2024 Commons Chamber

[Kevin Brennan]

My right hon. Friend is absolutely right. We were all shocked that those events were able to take place at a relatively new flagship national stadium, so we must think about how stadiums are designed. Wembley has a particular feature—the long Wembley way, which goes back to when the stadium was originally opened in 1923. Traditionally, lots of fans approach in that direction in very large numbers.

One thing that my Bill does that might address my right hon. Friend’s concerns is to make it possible for the offence to be enforced not just at the turnstile but around the premises on private land, so an outer security cordon can enforce the offence that the Bill creates. That should help in a place like Wembley. As he says, it was shocking to see the number of people who were able to get past the stewards and rush entry into the ground.

[Philip Davies (Shipley) (Con)]

I support the hon. Gentleman’s Bill and think he is right to introduce it, so I say this in the spirit of scrutinising legislation: he is using what happened at the Euros as a justifiable reason for his Bill—I go along with that—but by increasing its scope to include areas that the explanatory note seems to suggest include bars and car parks, it seems that he is making someone trying to blag their way into a car park the same offence as trying to tailgate their way into the semi-final of the Euros. Does he really think that those two things should be treated in the same way?

[Kevin Brennan]

I welcome the hon. Gentleman’s intervention. He is always assiduous in his scrutiny of legislation, and rightly so.

In isolation, it will not be an offence to try to get into a car park, but the Bill reflects the reality of the areas around football grounds. Cardiff City stadium, which is located in my constituency, was built a few years ago to replace the old Ninian Park stadium across the road. Like a lot of newer stadiums, it is in a slightly more out-of-town location, surrounded by car parks that specifically serve those attending matches.

In some instances, to enforce the intention of this new offence, it might be necessary to set up an outer cordon immediately outside the premises of the stadium itself, which is the purpose of the provision. There may be other hospitality settings close to the stadium but outside the turnstiles. In that instance, if another security cordon needed to be set up, my Bill could be enforced to prevent people who came along not with a ticket and with the intention of attending the match but simply to try to jib their way into the ground from doing so. Such actions compromise the safety of individuals and potentially tarnish the country’s reputation. The Euros are returning in 2028, and we cannot afford a replay of those events.

The current legal framework does not address the problem. Those caught entering a stadium without authorisation face no legal repercussions. Those attempting to enter are simply moved on, and often try to gain entry multiple times. There are no consequences for their selfish actions, which risk jeopardising matches and could recklessly endanger the safety and lives of others.

The Bill is intended to respond directly to those challenges by making unauthorised entry into football matches a specific offence. The aim is to deter people from attempting to enter stadiums without a valid ticket. Before the debate, I did an interview with, among others, Martin Keown—the former Arsenal footballer—on talkSPORT. There was a feeling in our discussion that the deterrent effect is a significant part of this measure. A fine of up to £1,000 might be a deterrent but, under the Bill, a conviction for this offence could lead to a court-imposed football banning order, under the Football Spectators Act 1989 and the Football (Offences) Act 1991, which would prevent a person from attending football matches for a specified period of between three and 10 years. That would be an even greater deterrent. This Bill seeks to address all forms of unauthorised entry, recognising the broad spectrum of tactics employed to gain illicit access to stadiums.

[Philip Davies]

That raises the question of why the Bill is designed only to apply to football. The same thing could apply to a Rugby world cup final at Twickenham, the Olympics—we might have them again in the future—or any other big sporting event. Is this problem unique to football? Is there any reason why the Bill should not apply to any major sporting event that might have the same problem?

[Kevin Brennan]

The hon. Gentleman makes a valid point. I have spoken to the Football Supporters Association about this Bill, and it is concerned about any legislation that singles out football in this way. The reality is that the current legislative framework includes a significant suite of legislation that applies particularly to football, born of the events of the latter part of the last century. We have moved on hugely, and I think we all thought that we had moved on permanently, from the sorts of scenes that were witnessed at the Euros final.

Because there have been problems at other types of event in recent years, I accept that there is a case for taking a wider look at the issue of gaining illicit entry to venues, whether for a music concert, a festival or another type of sporting event. The Government—and His Majesty’s Opposition, if they are to become the next Government shortly—should look further into the best way to achieve that outcome.

In the relatively narrow confines of my private Member’s Bill, when there is the opportunity to amend legislation already on the statute book and when significant football events are imminent, I think it is justified to bring forward a measure that applies specifically to football, but the hon. Gentleman’s broader point is absolutely valid.

The scope of the Bill extends across the top tiers of domestic football. We are not talking about the local park match. The Bill includes the premier league, the championship, leagues one and two, the national league, the women’s super league and championship, and the Cymru premier competition, as well as international matches in England and Wales.

--- Later in debate ---

[Philip Davies (Shipley) (Con)]

It is a pleasure to follow the hon. Member for Cardiff West (Kevin Brennan). I am delighted that he managed to get “common sense” in before the end of his speech, because my wife would not have forgiven me if I had not mentioned common sense in my speech, and he gave me a perfect opportunity to do so, for which I thank him.

I rise to support the hon. Gentleman’s Bill, which is important and worthwhile, and to wish it safe passage through both Houses of Parliament. However, as you know, Mr Deputy Speaker, I take my role on Fridays very seriously. The danger with private Members’ Bills is that they start with a worthy sentiment but end up going through both Houses with very little scrutiny because everybody agrees with that sentiment, so we end up with bad legislation and unintended consequences. I raised a couple of points with the hon. Gentleman earlier, and I want to test them and maybe another point or two a bit further. It will be interesting to get the Minister’s view when he responds, and the hon. Gentleman’s view when he winds up the debate, on whether or not—it may well be that the answer is “not”—any amendments may be considered in Committee or on Report to improve the Bill or take out something that was not intended. I do not intend to speak for long, which will be a huge relief to everybody, particularly on a Friday. I make my remarks genuinely and in the spirit of trying to be constructive and raise potential issues. It is important that they are considered, even if they are then dismissed.

The hon. Gentleman set out in his opening remarks why the Bill is important. It is about what happened at the Euros final, where it is estimated that 3,000 to 5,000 people without tickets gained entry. They did not just try to gain entry; they actually did it through mass forced entry at turnstiles. I do not think that they necessarily gained entry by tailgating; it was through the deliberate ploy of forcing their way into the stadium.

Of course, the hon. Gentleman is absolutely right about the problems that such behaviour causes. It is unfair, because people might end up sitting in seats that others have legitimately paid for, and ticket holders cannot get to their seats. That is bad enough, but there is also a massive issue with safety and security. Tragically, we have seen in the past what can happen at football stadiums when things are not as they should be. On that basis, he is absolutely right to introduce the Bill, and I would not want to gainsay any of what he said.

Although I accept that my concerns are minor, they are genuine. I would not want to see rules that are designed to tackle very bad behaviour being applied excessively to people who I do not think the Bill is necessarily aimed at. I talked about people blagging their way into a car park, and I am slightly concerned about the way the Bill is written. I do not know what you think, Mr Deputy Speaker, but I have always considered the hon. Gentleman to be a bit of a cheeky chappie. He looks like the type of person who, before his political career—not today, as he is a serious politician—may well have tried to blag his way in somewhere. He just has that look about him.

[Kevin Brennan]

The hon. Gentleman is a very astute individual. I first attended Twickenham in 1978, when I was very young indeed, to go and watch Gareth Edwards win his 50th cap for the Welsh rugby team. I and three of my friends got into the ground by virtue of a £5 note, for which we were given £2 change, even though we did not have tickets. I was very young, but I should confess that, as he has raised it.

[Philip Davies]

I am sure we are all very grateful for that intervention. It is amazing what you find out on a Friday, isn’t it, Mr Deputy Speaker? It is like a confessional. Perhaps other Members will want me to give way so that they can declare their interest as well. We have probably accidentally found out why the Bill applies only to football and not to any other sport.

My point is that there is a world of difference between a group of people who have a deliberate strategy of engaging in public disorder to force their way into an event through sheer weight of numbers, causing all sorts of potentially serious repercussions, and people who are desperate to get into an event who do not have tickets and who cheekily try to blag their way in through one means or another. I think most people would accept that there is a world of difference between the two. What I would not want to see is the full weight of the law clamp down on the second group in the same way as it would on the first. My slight fear is that that that could happen, given the way the Bill is written.

A young person who tries to cheekily blag their way into an event could find themselves facing the same repercussions as others. I do not think that anybody would want that to happen. I am not sure whether there is a legal way to differentiate between those two things—it may well be that we say it is for a court to make that adjudication—but I would not want somebody who tried to cheekily blag their way into an event to find themselves treated as severely as a criminal making a forced entry with public disorder designs. It would be nice if we could at least think about how we could do that.

The explanatory notes make clear that the penalty is a fine “not exceeding” £1,000. We could argue, with justification, that the fine should be varied according to the situation, so that a minor offence would be reflected in the fine. However, the explanatory notes go on to state:

“A court must”—

not may, but must—

“also issue a football banning order following conviction for the offence”.

They go on to state:

“unless it considers that there are particular circumstances that would make it unjust”.

I accept that, but in effect they are saying that ordinarily, whatever the scale of the offence, that is what the court should do. It does not even say that it should do that, but that it must do so.

[Kevin Brennan]

The hon. Gentleman is absolutely right that that is the way the legislation currently operates, but there is discretion available to the court not to issue a banning order in exactly the sorts of circumstances he describes, where somebody is not intent on causing serious disorder but what might be referred to colloquially as a cheeky bit of attempted jibbing. I would envisage that in those circumstances someone might at first get turned away, but that if they were persistent they could be subject to the offence in the Bill.

[Philip Davies]

I am very grateful for that clarification, which was genuinely useful.

The other point I want to spend very few minutes on, which I raised in my intervention on the hon. Gentleman, is about other events. If such unauthorised entry is an issue, it should not apply just to football matches. I would be very interested to hear what the Minister and the shadow Minister have to say about that. This country is renowned for hosting world-leading sports events across the piece: the rugby world cup, the rugby league world cup, the Olympics, athletics and so on. Most of those events have tickets that are very much sought after and oversubscribed—we are a sport-loving nation. The Bill has been brought forward largely as a result, as the hon. Gentleman said, of what happened at the Euros—the UEFA European Football Championship. Often in this place, we pass legislation as a result of something happening. Something goes wrong and we think, “Something must be done,” so we pass legislation reactively to deal with an issue that has already happened. To the best of my knowledge, what the Bill addresses has not happened—it may well have happened, but I am not aware of it; other people with more expertise will know—at the rugby world cup final or the rugby league world cup final, so nobody has brought forward any legislation on that.

It might seem unusual—I am unusual, before you get in there first, Mr Deputy Speaker—but rather than just always passing legislation reactively, perhaps we might sometimes have a crack at passing legislation proactively, and try to anticipate things that might happen and nip them in the bud beforehand. The hon. Gentleman has brought forward the basis of a Bill which we could use to do something a bit more proactive. Is there any reason why the provisions in the Bill could not apply to a range of other major events, in particular major sporting events, so that we do not have to wait for such things to happen before we do something about it? We could actually get in there first and try to stop them from happening in the first place, or at least make sure we have appropriate penalties.

The hon. Gentleman is renowned for his huge support for the music industry, and I commend him for everything he does for that industry. He is one of its greatest champions in the House. I am not an expert in the way that he is; I may be enthusiastic, but I do not possess the same expertise. However, as a layman, I should have thought that this would be more of an issue at music events than at sporting events. I could be completely wrong about that, but I suspect I am right. I will certainly bow to the hon. Gentleman’s greater expertise if I am wrong. There may well be existing legislation to deal with these matters at music events. I admit my ignorance in that regard, but it seems to me that legislation of this kind must be just as important for big music events such as concerts—which, by the way, are often held in stadiums and other locations that are also used for sporting events, such as Wembley—so why are we restricting ourselves to football? I genuinely do not understand why this is seen as just a football issue, although I suspect that it is because of the reaction to what happened at the Euros. Surely we in this place must be able to use our wit to say, “It has been a problem in this location”, while also anticipating that it could well be a problem at similar events, whether sporting or musical.

May I just ask the hon. Gentleman and the Minister, who I know will continue to take a great interest in all these issues anyway, and also the shadow Minister, to give this some thought? If we are so adamant that the Bill is necessary in this regard—and I think it is; as I have said, I support it, with a couple of reservations—I urge all those with far more influence than me to think about whether we could introduce similar legislation, if necessary, to cover other big sporting events and perhaps music events as well.

[Katherine Fletcher (South Ribble) (Con)]

I thank the hon. Member for Cardiff West (Kevin Brennan) for introducing the Bill. He has done a great job in setting out the reasons for it, and I am happy to say that I support it. My hon. Friend the Member for Shipley (Philip Davies) asked a couple of questions, and I want to ask a couple in a similar vein, but let me first explain why I think the Bill is important.

People who aggressively try to enter events without tickets are not just putting their fellow attenders at risk, but potentially putting the stewards at risk. At the Euros, as we saw, extra security staff were drafted in. They are often people who have had only a basic level of training from their company, and when faced with tens if not hundreds of people, individuals who were trying to do the right thing and protect the establishment were put at risk during those events—apart from the potential risk to attenders posed by overcrowding. Let us never forget the tragedy that was Hillsborough, although, as we now know, it was not connected with the issue of non-ticketed fans. Large groups of people in small spaces are a frightening prospect, and can lead to a tragic loss of life. I want everyone to understand that we need to look out for those who are seeking to uphold the rules, as well as those who have paid for their tickets.

There are, however, a couple of exceptions that I hope can be explored in Committee. I do not think that either the hon. Member for Newport West (Ruth Jones) or the hon. Member for Nottingham North (Alex Norris) subscribes to the Manchester United fan club, as I do. I suspect that the hon. Member for Nottingham North may even be a Manchester City fan, which probably explains his positive reaction to the—totally under control—Newport game that took place earlier in the season. Arguably, being a United fan in recent years has been a triumph of loyalty over pleasure or enjoyment. Just as an aside, let me say that, not so long ago, my father and I took my nephew to watch United at Old Trafford and we discovered that he was the fifth generation of Fletcher to do so. I can be accused of being very many things, but a glory supporter is not one of them.

United are experimenting with changing tickets from paper or plastic card to QR codes. Although this is happening only in the premier league, it is likely to roll down to the lower leagues. Quite famously, there was a problem with that ticketing system—Members can look back at the press reports. I will make a confession to the House, in the spirit of the admissions made by the hon. Member for Cardiff West. I was in possession of a valid ticket for that game, but the failure of the system led to a huge number of fans being locked out. There was a big press of people, so I, along with hundreds of others, hopped over the turnstiles. I did so partly in fear of the crush of people behind me. They could not hear what was going on and did not understand why people were not flowing through the turnstiles as normal. Perhaps the Minister could comment on that incident. I seek assurances that we will not criminalise people such as myself who, although in possession of a valid ticket, did not make the most legitimate entry to the grounds, but did so through genuine reasons of fear for personal safety—and a desire to watch United lose again. I would be grateful if the Minister could respond to that and provide some assurance that that consideration will be taken on board should the Bill reach Committee stage, as I hope it does.

Finally, being a member of the Stretford End, I hear chats and noises. In particular, I have heard how people have been accidentally caught up in football banning orders. Let me just say this for the record: it is absolutely abhorrent when people go to football games to cause trouble, to have fights and to put people at risk. Football has transformed over my lifetime. In the past, children could not be taken to football because it was not safe for them, but that is no longer the case. It is now a family-friendly activity that people can enjoy. It has some edge to it, but I do not want to see that go. Football is almost the acceptable face of the Iron Age tribal system writ large. I think it was Arrigo Sacchi who said it is the most important of the not important things.

There have been instances of people who were just bystanders to trouble being sanctioned by clubs or given a football banning order. If we are seeking to extend those orders from people committing violence to people trying to get into grounds without a ticket, which I agree is important, are we confident that those who both evaluate and issue those football banning orders uphold the levels and standards of evidence that we would expect to see as part of a law? Who has the final say? What is the mechanism of appeal? We need some clarity on that. I understand the point that the hon. Member for Cardiff was making about including car parks, especially at out-of-town stadiums, but what threshold of evidence would be used? Is somebody hopping into a car park to get an autograph the same as somebody aggressively trying to knock down a turnstile? How do we make sure that we find the right level of justice?

[Philip Davies]

My hon. Friend is making a very serious and a very good point. On a more humorous level, could it not be argued that, given the way that Manchester United have been playing in the past few years, a banning order would be a reward rather than a punishment?

[Katherine Fletcher]

When my hon. Friend next comes over to watch Manchester United at Old Trafford, we should make sure to check his passport as he comes over the top. Manchester United is one of the greatest and most important clubs. It is important to remember the Busby Babes and this year’s important anniversary of the Munich air disaster. However, I concede that future peaks are to be scaled by our magnificent team, and I will support them all the way. Let me give an honourable mention to Sir Jim Ratcliffe, who this week got final confirmation of his purchase and support of the club. On a serious note, how are Leeds doing these days?

[Philip Davies]

I’m a Bradford City man.

[Katherine Fletcher]

Never mind.

[Philip Davies]

Best left there.

[Katherine Fletcher]

I have always enjoyed the colour of the kit. Mustard is such an aggressive colour to go to battle in. Semi-seriously, my hon. Friend makes a very good point—football is about fun, banter and local pride. People seeking to aggressively get into grounds without tickets puts all that enjoyment at risk. I support this legislation, but perhaps we could get some clarity to make sure that the enthusiastic kid, as my hon. Friend says, or perhaps the overenthusiastic tourist, is not caught up by it. Crucially, if someone is caught by this law and wants to appeal, can we make sure that they get the right level of justice? Going to see Manchester United may not be the most edifying experience at the moment, but being accidentally banned for life would be a travesty, and we should make sure that does not happen.

--- Later in debate ---

[Tom Tugendhat]

One-nil. I believe Hughie Ferguson was the goal scorer—there you go; it’s amazing what you can get help with if you ask the right questions, isn’t it? That game was on St George’s day as well. How is that for a triple? It is absolutely true that football binds people together around the world. The number of conversations that one can have travelling and meeting Heads of State, Heads of Government, Ministers, officials—and, indeed, taxi drivers and folk around the world—is extraordinary, because football really does unite. That is why the Bill is so important.

I will start with one of the points raised by the hon. Member for Shipley (Philip Davies) raised, when he asked, “Why does this apply only to football and not other sports?” The reality is that football is hugely dominant in terms of sporting appearances and interest in the United Kingdom. It is clear that, over the past few decades, football has dominated that sporting appeal for spectators. It has been so dominant and, sadly, that has caused problems. I do not want to blame fans—that would not be right—but when large crowds gather, there are challenges with managing those crowds. Sadly, other sports are yet to attract quite the same interest.

[Philip Davies]

I understand the point the Minister makes, but last year at the grand national at Aintree, we saw lots of people entering the racecourse without a ticket whose only purpose was to cause as much destruction and misery as possible, and it led to quite a lot of disorder. I could be wrong, but my understanding is that nobody has been punished for that particular outrage and carnage, which also led to animal welfare issues. I gently say to him that this issue applies to more than just football, and if he wants to look for another sport, horseracing—what happened at the grand national at Aintree last year and may well happen again this year—would be a good case in point.

[Tom Tugendhat]

I am grateful to my hon. Friend for raising that point; I will certainly look into it. I will ensure that we have a proper scrub of other sporting events that might qualify. The point I was making was that the vast majority of such situations are football events, but he is right that there are standalone sporting events, like Aintree, that attract huge crowds as a one-off. I was delighted to be at the fantastic Market Rasen ground and at Lingfield not long ago, but the reality is that the crowds were not quite the same. It is not quite the same pressure that my hon. Friend describes, but I take his point and he is right to make it.

The hon. Member for Cardiff West has made an extraordinary effort to bring together hon. Members from across the House and to ensure that previous work is summarised into this short Bill to keep fans safe. I am very grateful that he has done that because, as Members have demonstrated, the words he has chosen have reached across the House and united people. When we think about our own sporting events, we know that those precious moments of family time can be threatened by individuals who might disrupt them.

The hon. Gentleman carefully made the point that automatic bans are not within the scope of the Bill. Such bans can be issued only by courts following a conviction for a football-related offence and are covered by other legislation. In reality, the Bill is constrained. As my hon. Friend the Member for Shipley said, the key to good legislation is to write it in a way that works—not so that it expands—and this is a tight piece of legislation that does exactly what it is supposed do.

The Bill will not do some of the things that were feared. My hon. Friend the Member for South Ribble raised a question about whether it would criminalise those who were in possession of a valid ticket, as she was in her leapfrogging days. It certainly will not do that. Those who are in possession of a valid ticket are free to enter a ground and should be able to access the ground. The fact that the turnstile does not work really is a test of her athletics, not of the law. I am delighted to say that I have no doubt that she would vault it again were the same situation to arise.

A question was asked about whether an offence is committed only if a person is attempting to attend a football match. The Bill does not cover those trying to get into pubs or car parks unless they are part of the controlled zone. As we all know, some football stadiums have a controlled zone; others do not. Anybody who has been to the Army and Navy rugby match will know that the car park is the most important part of that controlled zone. In fact, I have had the great privilege over many years of attending the Army and Navy rugby match—I have been on half a dozen to a dozen occasions—and in that time I am proud to say that I have watched 15 minutes of rugby in total. Although I should acknowledge that it is a security nightmare, it is the most extraordinary reunion and the car park of Twickenham stadium becomes a gathering of people who have not seen each other since Iraq, Afghanistan or wherever it might be. It is extraordinary how many formerly terrifying sergeants major or generals seem to be somewhat more friendly shortly before kick-off—I am sure it has absolutely nothing to do with extremely generous sponsorship of Pimm’s, Greene King or any of the other suppliers who ensure those events go with the passion and drive hon. Members would anticipate.

--- Later in debate ---

[Philip Davies]

On a more serious point, the Minister has prompted me to think more about the subject of car parks. Maybe I am dwelling on this too much, but if somebody has a valid match ticket but does not have a valid car park ticket, would they be committing an offence? The Bill says that an offence is committed only if they do not have a match ticket at the time of entry, so it seems to me that they may have a match ticket but they could still be trying to enter a place that they are not entitled to enter. I just wondered whether that is by design or a problem in the Bill that needs to be ironed out.

[Tom Tugendhat]

At the risk of being corrected by officials, I am going to say that clearly this is about the match ticket, not about the car park ticket. The reason is that the match ticket allows access to the stadium—to the event—and that is what is being criminalised. The access to the car park, as long as it is not within the controlled zone or an area that would otherwise be impermissible without a match ticket, is not covered by the Bill. A car park ticket can usually, mostly, be bought later. In this circumstance, we are not seeking to criminalise that. We are seeking to make sure that the Bill allows those who have a valid right of access to the event to get into the event without allowing those who think they have grounds for disruption, tailgating or whatever it may be to exploit a loophole in the law to get away with jumping over a wall, pushing through turnstiles or whatever it may be.

[Philip Davies]

The Minister is being very generous, and his explanation makes a great deal of sense. But if he wishes to come to Bradford City on any match day, as part of his research for the Bill, he would be very welcome. I will let him come with me and I will make sure he has a valid ticket so that he does not fall foul of the legislation. What he would find at Bradford City is that there is limited car parking, which is often at a premium and people would very much like to take advantage of it. There might be an issue with lots of people trying to tailgate in and barge their way into the car parking. Even though they had a match ticket, it would still cause quite a problem, but they would not fall foul of the Bill because they had a match ticket.

[Tom Tugendhat]

I would be delighted to take up my hon. Friend’s invitation. I have never seen football played in Bradford—