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Birmingham Commonwealth Games Bill [HL]

My Lords, the amendments tabled by my noble friend Lord Moynihan on advertising and trading restrictions seek to provide that news media would be excepted from the advertising and trading offences, to limit the period in which the restrictions could be in place in the vicinity of Games locations, and to apply the affirmative procedure to the regulations setting out when and where the restrictions apply. The ticketing amendment seeks to change the powers that can be used by the police for enforcement of the ticketing offence.

On Amendment 21, we recognise the importance of effective enforcement of all the Bill’s provisions, including those prohibiting the unauthorised sale of Games tickets. The enforcement provisions in the Bill have precedent, and have been informed by the experience of the Glasgow 2014 Commonwealth Games and the London 2012 Olympic and Paralympic Games. It is important to note that the Bill provides for ticket touting, advertising and trading offences to be enforced primarily by trading standards, as authorised by local weights and measures authorities. Nevertheless, the police may be asked to support trading standards carry out some enforcement activity, where this is operationally necessary, and we are working with the organising committee, local authorities and West Midlands Police to develop a co-ordinated approach to enforcing the Bill’s provisions.

I reassure my noble friend that this amendment is not needed to address an enforcement gap. Tickets can already be seized by trading standards under the Bill. Enforcement officers already have a suite of investigatory

powers available to them through Schedule 5 to the Consumer Rights Act 2015, including the power to search and seize documents. We need to ensure that enforcement of this provision is proportionate. We should bear in mind that the provision is primarily intended as a deterrent. It would be disproportionate to add Games tickets to the list of prohibited articles, as this is intended to cover offensive weapons, and items intended to cause harm or to assist in acts of burglary or theft.

Finally, we believe that this amendment perhaps does not reflect the changing landscape of ticket touting. It concerns the enforcement of the ticketing provision against touts outside venues—thankfully a diminishing feature of the secondary ticketing market—rather than those operating through online ticket resale platforms, where potential breaches of the offence are perhaps more likely to take place. Importantly, as the Bill stands, the ticketing provision addresses the enforcement of the touting provision wherever it takes place. For these reasons, I ask my noble friend to withdraw Amendment 21.

On Amendments 22 to 27 on advertising and trading offences, we should remember that these offences have been brought forward to ensure that trading does not obstruct easy movement in the vicinity of Games locations and to provide a consistent approach at each venue. My noble friend Lord Moynihan also seeks to apply the draft affirmative procedure to the advertising and trading regulations, setting out when and where the restrictions will apply.

I mention here my thanks to the Delegated Powers and Regulatory Reform Committee for its report on the Bill. The committee recommended that these regulation-making powers be made affirmative. I intend to respond to this report shortly and will ensure that a copy of that response is made available in the Libraries of both Houses. However, I am not persuaded that such an amendment is necessary.

The Government are of the view, given the temporary nature of the offences and the proportionate approach to the offences set out in the Bill, that the negative procedure is appropriate. However, I reiterate and provide the reassurance that it is not the Government’s intention to place a blanket advertising ban or outdoor trading ban across Birmingham or the West Midlands. All Games partners are committed to engaging with those affected; indeed, business engagement across the city and region is already under way.

My noble friend Lord Moynihan has sought to include in the Bill that the restrictions provided in the vicinity of a Games location are time-limited, so that they begin no earlier than the day before the first event at a location and end no later than the day after the final event at a location. I remind the House of the remarks made by my noble friend Lord Ashton on Report of this Bill in the previous Parliament. He confirmed that the intention is in most cases for a facility to

“extend a few hundred metres beyond a Games location.”—[Official Report, 24/7/19; col. 790.]

However, it is important that we maintain operational flexibility with these restrictions, to protect the vicinity of Games locations from unauthorised advertising and trading. Such areas within the vicinity of Games

locations may be affected only for a number of days—for example, in the immediate run-up to the Games—but as a consequence of this amendment they could not be protected from ambush marketing for the duration of that period. However, I want to provide reassurance that these restrictions will be proportionate and temporary, lasting a maximum of 38 days, and potentially far fewer in many cases. It will be driven by when and how Games locations are used; some may be in use only for a very few days. Because we are seeking to underline that commitment to proportionality, the Bill includes a small number of exceptions and a power to provide further exceptions in the regulations.

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The Government are aware of the approach taken to the advertising and trading restrictions for the Glasgow Commonwealth Games and the London Olympics and Paralympics where an exception was provided in regulations for newspapers, subject to certain conditions, for instances where the trading offence would have captured selling newspapers. We are of course listening to concerns raised by the news media industry and are committed to considering whether additional exceptions should be brought forward. The Bill places an obligation on the Government to consult specific people on those potential exceptions. Indeed, I am grateful for the constructive engagement so far of the Advertising Association and the News Media Association, among others, and I look forward to that constructive engagement continuing. However, it is important that the Government have the opportunity to consider that consultation before determining which exceptions should be carved out in order to ensure that the regulations are as effective as possible. I would be pleased to write to noble Lords to inform them when the consultation goes live to ensure that they have further sight of the Government’s proposals.

I hope these remarks have provided noble Lords with reassurance that a proportionate approach will be taken to restrictions and a similarly sensible approach will be taken to exceptions. With that, I ask my noble friend to withdraw his amendment.