Delegated Powers and Law Reform Committee
At its meeting on 10 December 2019, the Delegated Powers and Law Reform Committee considered the delegated powers provisions in the UEFA European Championship (Scotland) Bill (the "Bill") as amended at Stage 2.
The Committee submits this report to the Parliament under Rule 9.7.9 of the Standing Orders.
This Scottish Government Bill was introduced by the Cabinet Secretary for Culture, Tourism and External Affairs, Fiona Hyslop MSP, on 24th September 2019. The Delegated Powers and Law Reform Committee published its Stage 1 Report on the Bill on 3 October 2019.i The Committee reported that it was content with the delegated powers in the Bill.
The Bill completed Stage 2 on 28 November 2019. The Scottish Government has since lodged a Revised Delegated Powers Memorandum covering the powers in the Bill as amended at Stage 2.
The Bill is concerned with restrictions on ticket touting, street trading and advertising in relation to the UEFA European Championship 2020. The Scottish Government has stated that the Bill is being brought in to ensure the successful delivery of the Championship by meeting commitments required by UEFA in relation to commercial rights for event sponsors during the period of the event.
UEFA’s European Championship is celebrating its 60th anniversary in 2020 and UEFA is commemorating this by hosting next year’s Championship across various cities in Europe. Glasgow was selected as a host city and Hampden is due to host three group stage matches (on 15, 19 and 23 June) and one round of 16 match (on 30 June). Two further “event zones” are being created in George Square and the Merchant City.
A Local Organising Committee is being established to deliver the event in Glasgow. The Committee will be comprised of representatives from the Scottish Football Association (“SFA”), the Scottish Ministers, Glasgow City Council, Hampden Park Limited, Visit Scotland and Police Scotland.
One additional power has been added to the Bill at Stage 2. This is considered further below.
The Committee also notes that section 16(2)(b) (enforcement officers) no longer contains a delegated power.
Section 34(1A) – Commencement
Power conferred on: the Scottish Ministers
Power exercisable by: regulations made by Scottish statutory instrument
Parliamentary procedure: laid, no procedure
Subsection (1A) has been added to section 34 of the Bill at Stage 2. It provides that sections 2, 3 and 4 come into force on the day that the Scottish Ministers appoint by regulations.
Section 2 creates the offence of touting Championship tickets. Section 3 provides an exception for certain advertisers from committing this offence and section 4allows Scottish Ministers to make regulations to determine circumstances in which provision on the internet or other electronic media may or may not constitute a touting offence.
The Scottish Government considers this power necessary to ensure that the ticket touting offence can be brought into force as quickly as possible as tickets are already on sale so ticket touting may already be occurring. Previously these provisions did not come into force until 2 months after Royal Assent. The Committee is content with this approach and with the power in section 34(1A).
However, the Committee observes that whilst sections 2, 3 and 4 are subject to the regulation-making power, section2A (added at Stage 2) is not, despite relating to the same matter. Section 2A creates an exception the touting offence in which applies where tickets are auctioned for charity. The Committee suggests that it would be sensible for the exception to be brought into force at the same time as the offence to which it relates.
The Committee reports that it is content with the new delegated power in the Bill and that it is not subject to any parliamentary procedure but wishes to highlight the exception in section 2A and that it is not subject to the same commencement power as the offence in section 2.
The Committee welcomes a proposed amendment in the name of Ben Macpherson lodged on 9 December which would rectify this issue.