Select Committee on Delegated Powers and Deregulation Twenty-Sixth Report



ANNEX 1

FOOTBALL (DISORDER) BILL

MEMORANDUM BY THE HOME OFFICE

1. This Memorandum identifies each provision of the Football (Disorder) Bill which provides for a power to make subordinate legislation. It explains in each case the purpose of the power; and explains the reason why the matter is to be left to subordinate legislation and the nature of and justification for the procedure selected in each case.

General

2. The Bill amends the Football Spectators Act 1989 for the following main purposes:

  • combining domestic and international football banning orders;
  • enabling a magistrates' court to impose a banning order where such an order would help to prevent violence or disorder at, or in connection with, certain football matches;
  • making passport withdrawal mandatory in respect of the new combined banning order, unless there are exceptional circumstances, in connection with certain football matches played outside the United Kingdom; and
  • enabling a constable (in certain circumstances) to require a person before him to appear before a magistrates' court within 24 hours to answer a complaint for the making of a banning order, and to prevent that person from leaving England and Wales in the meantime.

CLAUSE 2: POWER TO PRESCRIBE PERSONS TO WHOM THE NATIONAL CRIMINAL INTELLIGENCE SERVICE MAY DISCLOSE INFORMATION FOR THE PURPOSES OF PART II OF THE FOOTBALL SPECTATORS ACT 1989

Power conferred on: — Secretary of State

Power exercisable by: — regulations made by statutory instrument

Parliamentary procedure: — none

3. This provision amends the Police Act 1997 to enable the Secretary of State to prescribe by regulations made by statutory instrument persons to whom the National Criminal Intelligence Service may disclose information for the purposes of Part II of the Football Spectators Act 1989. At present NCIS may only disclose criminal intelligence information to police forces and other law enforcement agencies. It is likely that those prescribed will be the Football Banning Orders Authority and the Football Association. At present, in common with some of the other regulation making powers under Part I of the Police Act 1997, the order is not subject to any parliamentary scrutiny. However the Department recognize that there may be a case for making the order subject to negative resolution procedure and are giving the matter further consideration.

CLAUSE 3: POWER TO MAKE SUPPLEMENTARY, INCIDENTAL, CONSEQUENTIAL AND TRANSITIONAL PROVISION

Power conferred on: — Secretary of State

Power exercisable by: — order made by statutory instrument

Parliamentary procedure: — affirmative or negative resolution

4. This power enables the Secretary of State to make supplementary, incidental, consequential and transitional or saving provision which is necessary or expedient for the purposes of, as a consequence of, or to give full effect to any provision of the Bill. An order amending primary legislation is made subject to affirmative resolution procedure (clause 3(4)). Any other orders are subject to negative resolution procedure (clause 3(5)).

5. The power is precedented in much recent legislation, for example the Criminal Justice and Courts Services Bill and the Greater London Authority Act. Subordinate legislation and the level of scrutiny provided is considered appropriate. The power is exercisable for very limited purposes. The only purpose so far identified for which it is proposed the power may be used is to make legal advice and assistance (including assistance by way of representation) available to those in respect of whom an application for a banning order by complaint is made, those appealing against a banning order by complaint or applying to have a banning order terminated, and those on whom a notice has been served under section 21B. It is currently proposed that the Bill should be commenced approximately 3 weeks after Royal Assent. It is clearly important that every effort be made to ensure that legal advice and assistance is available to those potentially affected from the date of commencement. In the Department's view, negative resolution procedure is appropriate for this purpose.

CLAUSE 5(1): POWER TO BRING SECTION 1 INTO FORCE BY ORDER

Power conferred on: — Secretary of State

Power exercisable by — order made by statutory instrument

Parliamentary procedure — none

6. This is a standard commencement order power. No parliamentary scrutiny is considered necessary.

CLAUSE 5(4): POWER TO PERMIT THE CONTINUED ISSUE OF APPLICATIONS UNDER SECTION 14B AND THE EXERCISE OF THE POWERS UNDER SECTIONS 21A AND B AFTER ONE YEAR OF COMMENCEMENT FOR UP TO A FURTHER FOUR YEARS.

Power conferred on: — Secretary of State

Power exercisable by: — order made by statutory instrument

Parliamentary procedure: — affirmative resolution

7. This power enables the Secretary of State to provide by order that applications under section 14B may continue to be made and the powers under sections 21A and 21B may continue to be exercised after an initial period of one year, to a maximum of a further 4 years. Any such order is subject to the affirmative resolution procedure (clause 3(4)). The Department consider that the level of scrutiny is appropriate to this power.

Schedule 1:New section 14(2) to the Football Spectators Act 1989: Power to prescribe regulated football matches.

Power conferred on: — Secretary of State

Power exercisable by: — regulations made by statutory instrument

Parliamentary procedure: — negative resolution

8. This power enables the Secretary of State to prescribe "regulated" football matches or matches of a prescribed description by order. The effect of a banning order is to prohibit attendance at regulated football matches within England and Wales and to require attendance at a police station in England and Wales on the occasion of regulated matches played outside England and Wales when notified by the enforcing authority under the Act (the Football Banning Orders Authority).

9. It is anticipated that the power to prescribe matches will be used to make orders broadly corresponding to the current designation orders under the 1989 Act (SI 1999/2461 in relation to matches played in England and Wales and SI 1990/732 in relation to matches outside England and Wales). Section 22A of the 1989 Act as amended by paragraph 17 of Schedule 2 requires any order made under this power to be made by statutory instrument subject to negative resolution procedure. The Department consider that the level of scrutiny is appropriate to this power.

Schedule 1: New section 14(6) to the Football Spectators Act 1989: Power to describe "control periods" by order

Power conferred on: — Secretary of State

Power exercisable by: — order made by statutory instrument

Parliamentary procedure: — negative resolution

10. This power enables the Secretary of State to describe "control periods" in relation to external tournaments by order. The effect of a control period is that the enforcing authority may issue notices to report and surrender passports (as appropriate) in it by virtue of section 19(2E) to the 1989 Act inserted by paragraph 3 of Schedule 1 to the Act and the summary powers in sections 21A and 21B may be exercised in it.

11. The power to describe a period as a control period in relation to external tournaments is limited by section 14(6) (a) and (b) to periods beginning 5 days before the beginning of a tournament and ending at the end of the tournament. Section 22A of the 1989 Act as amended by paragraph 17 of Schedule 2 requires any order made under this power to be made by statutory instrument subject to negative resolution procedure. The Department consider that the level of scrutiny is appropriate to this power.

Schedule 2, paragraph 7: Power to extend to other sporting events

Power conferred on: — Secretary of State

Power exercisable by: — order made by statutory instrument

Parliamentary procedure: — draft affirmative procedure

12. This paragraph amends the order making power in section 37 of the Public Order Act 1986. That section currently provides that the provisions of Part IV of the 1986 Act (domestic football banning orders) may be extended with modifications to other sporting events by order made by the Secretary of State. Paragraph 7 of Schedule 2 amends this provision to apply to Part II of the Football Spectators Act.

13. Section 37(3) of the 1986 Act provides that any order made under this power must be laid before both Houses in draft and will be subject to affirmative resolution procedure. The Department consider that the level of scrutiny is appropriate to this power.

Schedule 2, paragraph 17 : New section 22A(2): Power to alter references to "five" days by Order

Power conferred on: — the Secretary of State

Power exercisable by: — regulations made by statutory instrument

Parliamentary procedure: — negative resolution

14. Section 22(2) of the 1989 Act as inserted by paragraph 17 of Schedule 2 to the Bill enables the Secretary of State to alter the number of days specified in section 14(5) and (6) in relation to the control period and section 14E(2) and (5) in relation to the initial requirement to report to a police station on the making of a banning order. Section 22A(3) provides that an order under this power will be subject to negative resolution procedure. The Department consider that the level of scrutiny is appropriate to this power.

July 2000


 
previous page contents next page

House of Lords home page Parliament home page House of Commons home page search page enquiries index

© Parliamentary copyright 2000