Contribution
My Lords, I rise to move Amendment 9 and in doing so, I also speak to Amendments 10, 11 and 12, which stand in my name and that of my noble friend Lord Markham. These four amendments address two related but distinct concerns about the regulation-making powers conferred by Clause 2 of the Bill: first, how long those regulations can remain in force in relation to any particular sporting event; and, secondly, the parliamentary scrutiny to which all such regulations should be subject.
Clause 2 allows an appropriate national authority to make regulations to implement the sporting events framework for a particular event. What it does not do is place any limit on the period for which those regulations may be in effect. We believe that is a clear omission. The framework is designed to apply to specific and time-limited events, so it would be strange and, we submit, improper if regulations made for a particular event remained on the statute book indefinitely or for a period bearing no relation to the duration of the event.
Amendment 9 seeks to address this issue by applying the same temporal limit that Parliament has already judged appropriate in comparable legislation. The approach we have taken mirrors precisely the time periods used in the Birmingham Commonwealth Games Act 2020 and the UEFA European Championship (Scotland) Act 2020. That is a pre-event period beginning no earlier than 21 days before the event starts, and a post-event tail of no more than 5 days after it ends. Parliament has already, therefore, debated and endorsed this model; it is tried and tested, and I see no reason why we should not adopt it here today. I hope the Minister will agree.
Amendment 10 is a probing amendment to be looked at alongside Amendment 9. It proposes a single flat period of 50 days as an alternative limit. We have tabled this to invite the Committee to discuss whether a straightforward numerical limit would be a preferable way of proceeding. We think 50 days is a generous period; the London Olympic and Paralympic Games, between them, spanned 45 days, the UEFA European Championship runs for approximately one calendar month, and the FIFA World Cup takes 39 days from the first match to the final whistle. A limit of 50 days would therefore give Ministers considerably more time than any of these events actually require in practice; it gives a generous margin, while providing Parliament and the public with the reassurance that exceptional powers do not quietly become permanent fixtures of our regulatory landscape.
I imagine the Minister will cite the need for flexibility in her response, and I understand that this framework needs to be flexible for different types of events. If the sporting event framework cannot be applied, administered and wound down within 50 days, however, I would be interested in hearing what event she has in mind that might require a longer period than this. If flexibility is the key, then Amendment 9 provides the perfect solution.
Amendments 11 and 12 address parliamentary scrutiny of these regulations. As currently drafted, the Bill applies the affirmative procedure only to the first set of regulations which apply to the framework of a given event. Subsequent regulations that may amend, extend or otherwise modify the framework as applied are subject only to the negative procedure. Amendments 11 and 12 would remove that distinction and require all regulations made under Clause 2 to be subject to the affirmative procedure.
The rationale for this is straightforward: the regulations we are discussing will implement a framework which represents a quite significant infringement on the rights and obligations of businesses, organisers, local authorities and members of the public in connection with major sporting events—as my noble friend Lord Moynihan mentioned in the previous group in relation to the Olympic Games in Paris, where they took in expansive issues such as AI and facial recognition. Parliament should have the opportunity to properly debate and approve all such regulations, not merely the first wave of them. I hope by the time we get there, this experiment with time-limited guillotines on secondary legislation will not still be in place.
The delegated powers memorandum, published by the Department for Culture, Media and Sport, justifies the limited use of the affirmative procedure because it is assumed that subsequent regulations will
“contain operational or technical detail or provide for unforeseen changes in how an event is to be delivered. To ensure there is an efficient mechanism to apply or amend such provisions at a later stage of programme delivery, the government considers that the negative procedure is appropriate”.
However, as the Delegated Powers and Regulatory Reform Committee of your Lordships’ House has pointed out, there is no limitation placed on the scope of subsequent regulations. The first set of regulations may apply only one aspect of the sporting event framework to an event, but the Government may change their mind; the second set may simply apply the rest of the provisions. Given this, there is no logic in inviting Parliament to agree to the initial regulations applying the framework, while allowing the subsequent and potentially very significant modifications to pass without scrutiny.
If the Government’s argument here is simply one of administrative convenience, I gently suggest that that is not an adequate reason for reducing parliamentary oversight of powers of this nature. I look forward to hearing the Minister’s response, and I beg to move.