1: Clause 1, page 1, line 10, at end insert—
“(ca) Schedule (Industrial action provisions) (“the industrial action provisions”),”Member’s explanatory statement
This amendment inserts industrial action provisions, which would ban strikes by certain workers, including transport workers, when the sporting events framework is applied to a sporting event.
1: Clause 1, page 1, line 10, at end insert—
“(ca) Schedule (Industrial action provisions) (“the industrial action provisions”),”Member’s explanatory statement
This amendment inserts industrial action provisions, which would ban strikes by certain workers, including transport workers, when the sporting events framework is applied to a sporting event.
My Lords, it is a pleasure to open this first group of amendments in our debates in Committee on the Bill, not least because I was unable to speak at Second Reading. I was physically present but mentally less so, as I had just arrived back on a red-eye flight from the United States—in part, visiting Miami—which was preparing for a major sporting event of its own. I am grateful to my noble friend Lord Markham, who spoke for these Benches at Second Reading. I am grateful to the Minister too for the discussions we have had about the Bill, including when I was overseas.
It is a pleasure to welcome the noble Baroness, Lady Grainger, to her place. She has joined your Lordships’ House since Second Reading. We look forward to her maiden speech in due course and to her adding her expertise to our scrutiny of sporting measures and much more.
I draw your Lordships’ attention to my register of interests, particularly the hospitality I have received attending sporting events over the past year.
In moving Amendment 1, I will also speak to Amendments 7, 54 and 57, which are also in my name and that of my noble friend Lord Markham. Taken together, these amendments seek to establish provisions relating to industrial action as a core part of the sporting events framework that the Bill ushers in, with the intent of preventing strikes taking place during a sporting event to which the framework conditions have been applied.
Amendment 1 is, very simply, an enabling amendment that would introduce the industrial action provisions. Amendment 7 would ensure that wherever an appropriate national authority applies one or more parts of the framework to a particular event by regulations made under Clause 2, it must at the same time apply the industrial action provisions. It is not an optional extra or something to be applied to some events and not others; rather, it is a mandatory part of the framework itself.
My Lords, the premise behind this Bill is that we need to help the organisers of the really big events put on a really good show and ensure that the country itself sweeps away those showstoppers. It recognises that putting on these events requires a national effort. My amendment seeks to ensure that the organisers can be assured of an adequate supply of labour and human capital to make the games, or relevant tournament, a success in the few weeks every decade that the circus rolls into town.
I am reminded that sport is a game of chance. That is why we like it. The uncertainty makes it so alluring. Your favourite does not always win and often there is an upset. That is the whole point. Especially in tournament play, a team’s life can be measured in terms of hours, in the case of a stage 1 knock-out, or weeks if they make it all the way to the final. There are no guarantees in this game.
Back in 2012, one of the key resources for the Olympics was labour. There were 70,000 Games makers. The Minister for Sport at the time, Hugh Robertson, said:
“The 70,000 Games Makers made such a big contribution to London 2012 and the country as a whole. They helped showcase a modern, diverse and fun Britain and warmly welcomed visitors from all over the world”.
Quite.
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The problem is that mobilising that sort of work is now illegal. The Employment Rights Act ensures that that sort of work cannot be offered to people without a guarantee of the number of hours they will be engaged for. That is incompatible with games of chance and luck. Of course, the Government expect the organisers or other contractors to underwrite the guarantee for those people—the people selling beer, merchandise and ice cream. But as we know, there is not only the uncertainty of the game; the British weather can get in the way, even if results go as expected. Who would sign up to such an open-ended liability?
The Government say they want to clear away all the uncertainty and risks about the tournament coming to town. But let us be clear: the Employment Rights Act’s provisions add significant costs and financial and regulatory risks and undermine the ability to flex the tournament as weather and results progress between the opening and closing ceremonies.
My amendment is intended to be helpful. These events happen so infrequently. They are obviously temporary. We know the hours cannot be guaranteed in advance because that is the way of sport, and a core component of event delivery is people. I want as many people as possible to take part to support the delivery of tournaments, putting their shoulders to the wheel and basking in the reflected glory of success—not least so that, for the paying fans, the experience is everything they want, come to expect and have paid for.
My amendment is strictly reserved to events in the scope of the Bill. There is no compulsion to designate any event, although I note that other noble Lords want to expand the scope of the Bill. To summarise, I am being helpful and realistic. I am replacing chance with certainty for organisers, participants and the fans. I am offering the opportunity for people to serve and reducing the risks of hosting and organising.
My amendment is strictly reserved to events in the scope of the Bill. There is no compulsion to designate any event, although I note that other noble Lords want to expand the scope of the Bill. To summarise, I am being helpful and realistic. I am replacing chance with certainty for organisers, participants and the fans. I am offering the opportunity for people to serve and reducing the risks of hosting and organising.
Either the Government want to host these nation-building games or they do not. Without labour market flexibility for these temporary events, it cannot happen unless the organisers assume a level of risk that exists nowhere else in the world. That, of course, is a big disincentive to come to the United Kingdom. The truth is that we do not need this Bill. After all, we have built, in the words of the Financial Times, the world’s most admired annual league and a true national asset, the Premier League, without the provisions of this Bill. If the Government want to take it forward and we designate these events, let us give them every chance of success, not hobble them with rules and regulations that will spoil the enjoyment and pleasure of going to the game.
Either the Government want to host these nation-building games or they do not. Without labour market flexibility for these temporary events, it cannot happen unless the organisers assume a level of risk that exists nowhere else in the world. That, of course, is a big disincentive to come to the United Kingdom. The truth is that we do not need this Bill. After all, we have built, in the words of the Financial Times, the world’s most admired annual league and a true national asset, the Premier League, without the provisions of this Bill. If the Government want to take it forward and we designate these events, let us give them every chance of success, not hobble them with rules and regulations that will spoil the enjoyment and pleasure of going to the game.
My Lords, to intervene for the first time in Committee on this group of amendments is rather an odd one. I had not looked at it when we started out. I also feel that, if you are bringing a games into a country, you are going into an existing framework of laws and rights. If you bring something into a structure and you are going to bid for it, you should take into account whether you can deal with industrial relations. We have done it a couple of times.
As to the amendments from the noble Lord, Lord Fuller, I suggest that you know when you will be working at a games or a championship because you have a schedule of events. It is not a randomised thing. You might have extra time in a championship in one of the big team games, but it is a finite amount of time. We do not play until sudden death. With weather like this and rugby union at the moment, it probably would be death if we played too long.
These amendments are a good probe to get a feel of what is happening, but if you are taking on a project you are taking it on with the risk of industrial relations. Trade unions will flex their muscles, but do they have a right to flex their muscles? Do we have a right to say no? I suggest that there is a real question here. Although it is a valid question to ask, I suspect the answer is that you have to take a few knocks when you are doing this and accept a few uncertainties to get it. If you cannot take some action or make something that will accommodate this, you really are not fit to hold a games.
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Amendment 54 would insert a new clause requiring that any such regulations specify a period during which these provisions should apply and that this period should be no shorter than the span of the sporting events framework for that particular event. That is to say, it must run from the day that any one of the framework provisions first takes effect to the day that the last provision ceases to have effect.
Amendment 57 would insert the substantive new schedule itself, creating offences for transport workers—covering airports, buses, light rail and passenger railway services—and relevant local authority workers who take strike action during the specified period, alongside offences for organising, permitting or inducing such action. The schedule would create an alternative civil route, allowing the appropriate national authority to impose a financial penalty rather than pursue a prosecution through the courts.
The Committee might ask why all this is necessary. The Government are seeking in the Bill to build a permanent framework so that the United Kingdom does not have to improvise, event by event, each time we play host to a major sporting event and welcome people from across the globe to these shores.
The Bill provides for the protection of ticketing arrangements, advertising rights, trading around venues and commercial rights against unauthorised association, but it does not at present provide protection against one of the most visible and damaging risks to any major event: the disruption caused by industrial action. Noble Lords will recall that the build-up to the London 2012 Olympic Games and Paralympic Games was repeatedly shadowed by the threat of strike action from the then general secretary of Unite, Len McCluskey. Even the then leader of the Labour Party, Ed Miliband, said:
“This is a celebration for the whole country and must not be disrupted”.
In 2022, when Birmingham hosted the Commonwealth Games, ASLEF and the RMT deliberately targeted those hoping to attend by announcing walkouts on the railways either side of the Games. In May this year, staff at Edinburgh and Glasgow airports similarly voted in favour of walking out during the Commonwealth Games, which are due to take place next month. We hope that that has been averted now by a hastily agreed pay deal but, as the unions involved well knew, such a walkout would have had a significant disruptive effect on the operation and commercial viability of those Games.
These are not abstract risks; they are, sadly, recurring features of recent experience under Governments of different compositions, both in the UK and in Scotland. A Bill which seeks to create a comprehensive framework for hosting major events, with a reduced role for Parliament in scrutinising them, simply cannot leave this to chance.
Some noble Lords might think the penalties suggested in our amendments too severe. There are fines without an upper limit on summary conviction in England and Wales, a maximum fine of £50,000 in Northern Ireland and of £20,000 on summary conviction in Scotland, and financial penalties of up to £20,000 under the civil route. I want to highlight that directly, because these are not arbitrary figures. These penalties have been deliberately aligned with those the Government have suggested for the ticket touting offence and the advertising and trading offences elsewhere in the Bill. If the Committee accepts that conduct which threatens the commercial integrity of a major sporting event merits fines of this order then I hope it will also agree that we should not treat conduct which threatens to close down the event entirely any less seriously.
I also draw the Committee’s attention to the safeguards built into Amendment 57. This is not a blanket or indefinite restriction on the right to strike. The prohibition applies only for the specified period tied to the duration of the new framework for a particular sporting event. It applies to transport workers nationally since they are, by definition, mobile, but to local authority workers only in the area where the event is being held. Of course, the ban applies only where the national authority has chosen to apply the sporting events framework at all. The schedule also provides a full enforcement code, notice of intention, the right to make representations, a final notice with reasons, and a right of appeal to the First-tier Tribunal, the sheriff or the county court, as appropriate, mirroring the safeguards attached to the ticket touting provisions already in the Bill.
My noble friend Lord Fuller has raised a very important issue about the ability of event organisers to staff these major events effectively. I have added my name to his amendment and look forward to hearing him outline it. I may return with further comments in winding up.
As we heard at Second Reading, this country competes hard and successfully for the privilege of hosting some of the world’s greatest sporting events. Having secured that privilege, we owe it to the athletes, spectators and the millions who tune in to ensure that the events can run smoothly and as planned. I beg to move.
It was not just the unpaid volunteers and their 8 million hours of effort that made the Games so memorable. On top of that was an army of others who contributed to that success—paid employees involved in broadcasting, catering, cleaning, merchandising, ticketing, security, bar work, selling ice cream and so forth. Shall we say that about 150,000 people in total were engaged to make that event a success over a staggered month, once the Paralympics are taken into account? It might even have been more. We celebrate that and, indeed, without their efforts, there would not have been a celebration at all. People worked around their normal lives to give what time they could, and it worked.