Baroness Twycross (Lab)

I thank the noble Lord, Lord Markham, for introducing and speaking to the amendments on behalf of the noble Baronesses, Lady Davies of Devonport and Lady Sater, and the noble Lord, Lord Young of Acton. Amendment 83, tabled by the noble Lord, Lord Young of Acton, would carve out a broad category of criminal conduct from the preventive football banning order regime by seeking to exclude behaviour framed as “expression”, even where that conduct has crossed the threshold into criminality. This carve-out is intended to include conduct at sporting events to which the Bill applies, or banning orders resulting from offences under the Bill. On the latter, to be clear, the offences under the Bill will not be added to the football banning regime. On the former, football banning orders may be imposed only by a court and are a very serious measure. They arise either following conviction for a relevant offence listed in Schedule 1 to the Football Spectators Act 1989 or where the court is satisfied that the individual poses an ongoing risk of involvement in football-related violence or disorder. As the noble Lord, Lord Doyle, said, this amendment is not the bar we want to set. Sport should indeed, as the noble Lord said, be the best of us. The noble Lord, Lord Addington, echoed that sentiment. Your Lordships’ Committee will recall the disgraceful racist abuse directed at Black England players following the Euro 2020 final. The noble Lord, Lord Doyle, rightly pointed out the lack of out gay male footballers in the sport. That behaviour at Euro 2020 was rightly condemned across your Lordships’ House, and it underpins why the banning order regime was strengthened to include communications offences to ensure that those who engage in such hateful, harmful conduct can be excluded from the game. It would therefore be inappropriate to carve out a category of criminal behaviour from the football banning order regime simply because it is described as “expression”. Parliament has already determined that such conduct can meet the criminal threshold. Weakening that framework risks undermining the ability of courts and police to deal effectively with those who jeopardise safety and enjoyment for the vast majority of decent fans, and indeed for sportspeople. Amendment 85, tabled by the noble Baroness, Lady Davies of Devonport—who is not able to be in her place today—proposes, in the context of events to which the framework provisions are applied, a duty to ensure provision of single-sex competitions and facilities. It also sets out that where the rules of a sporting competition are framed by reference to the gender or sex of the participants, that reference must be to biological sex. Any events to which the Bill’s framework will apply must comply with existing legislation and guidance. In the UK, the Supreme Court ruling provides clarity around the definition of sex within the Equality Act on the basis of biological sex. The EHRC’s updated statutory code of practice has been laid before Parliament, providing essential legal clarity for sports providers, national governing bodies and participants around the country. National governing bodies of sport, local authorities and sports organisations also have guidance and policies in place. We will continue to engage closely with our arm’s-length bodies, Sport England and UK Sport, and the wider sporting sector as Parliament considers the updated EHRC guidance. Amendment 86 was tabled by the noble Baroness, Lady Sater, and introduced by the noble Lord, Lord Markham. I accept the spirit in which this amendment was laid, and I noted the comments of the noble Baroness, Lady Grey-Thompson, who also spoke to this amendment, as did the noble Lord, Lord Moynihan. This amendment requires a review of the impact of recent regulatory changes that allow the Care Quality Commission to regulate the treatment of disease, disorder and injury—TDDI—at sporting and cultural events. These regulatory changes bring sporting and cultural events in line with other settings where the treatment of TDDI is regulated, such as within hospitals and care homes. The change means that TDDI health provision at sporting and cultural events will be delivered by professionals with the right set of skills, training and equipment so that the audience and participants receive the right type of help when they need it. It means it will be easier for organisers to pick skilled and safe providers, as they will be listed on the CQC website. As noble Lords are aware, the changes were made following the recommendations by the Manchester Arena inquiry. During its parliamentary passage, it was clear that Members of both Houses were concerned that this change may have unintended impacts. Ministers at the Department of Health and Social Care have undertaken to work with stakeholders to consider options to mitigate any unintended consequences. The concerns included the impact on events staffed by volunteers, or on specific groups such as search and rescue teams and athletes. Noble Lords who spoke to this also spoke about volunteers, which was a theme in the debate in the Grand Committee I was present at. This work is ongoing. The Care Quality Commission has met with a broad range of representatives as part of its consultation on this change. DHSC officials are due to meet with chief medical officers from a range of sporting and cultural bodies to discuss this matter further, and I will attempt to clarify when those meetings will take place. Department of Health and Social Care Ministers are in the process of convening a round table with the Peers who spoke during the debate on the statutory instrument on the CQC regulation amendment on 15 April, and I will ask my noble friend Lady Merron to make sure that those who spoke today but were not present at that meeting will be invited. I will also make my noble friend aware of this debate. In the meantime, I ask that the noble Lord withdraw the amendment.