RESPONSE FROM SPORT NORTHERN IRELAND TO THE DEPARTMENT OF JUSTICE

SPORT NORTHERN IRELAND RESPONSE FROM SPORT NORTHERN IRELAND TO THE DEPARTMENT OF JUSTICE ISSUE DATE: 10 November 2010 This document is available in other accessible formats on request and on-line at www.sportni.net

CONTENTS PAGE 1 BACKGROUND TO SPORT NORTHERN IRELAND 3 PAGE 2 INTRODUCTION 3 3. SNI S COMMENTS ON PART 4 (SPORT) OF THE JUSTICE BILL 5 4. CONCLUSIONS 8-2 -

1. BACKGROUND TO SPORT NORTHERN IRELAND 1.1 1.2 1.3 Sport Northern Ireland is a Non-Departmental Public Body (NDPB) of the Department for Culture, Arts and Leisure (DCAL) and is charged with the development of sport in Northern Ireland. DCAL s vision is of: a confident, creative, informed and vibrant community. DCAL intend to realise this vision through the development of policies and resources to: Protect, nurture and grow our Cultural Capital for today and tomorrow (DCAL Mission). For DCAL, Cultural Capital is manifested in three ways: People the creators and consumers of Cultural Capital, including sportswomen and sportsmen; Infrastructure the physical spaces within which culture is created and enjoyed, including sports grounds; and Products and Services our cultural output, including sporting success. 1.4 SNI s vision is embedded in DCAL s vision: Through sport, to contribute to an inclusive, creative, competent, informed and vibrant community. In practice, this means SNI designing and implementing programmes and partnerships that will contribute to the following strategic objectives: increased participation in sport and physical activity; improved sporting performances; and improved efficiency and effectiveness in the administration of sport. 1.5 SNI s business is designed to provide people, especially young people and under represented groups, with pathways and options for lifelong sporting and personal development. 1.6 SNI welcomes the opportunity to comment on the Justice Bill in that we consider it to be an important element in upgrading safety arrangements at larger sports grounds in Northern Ireland, and in promoting a spectator friendly environment at these venues. SNI consider that Part 4 will complement the provisions contained within the Safety of Sports Grounds (NI) Order 2006. SNI believe that these provisions will assist the operators of designated venues in complying with the terms and conditions contained in their respective Safety Certificates. 2. INTRODUCTION 2.1 2.2 Following an incident at Ibrox Park, Glasgow in 1971 when 67 football fans were crushed to death and hundreds injured, the Safety of Sports Grounds Act 1975 was introduced in Great Britain. This required that operators of larger venues obtain a Safety Certificate from their respective Local Authority. The Safety Certificate would state the safe capacity of their venue / parts of their venue and contain conditions that relate to public safety. Subsequent to the introduction of the legislation, standards of spectator - 3 -

behaviour deteriorated with a proliferation of violence at soccer matches that resulted in a number of security measures being introduced at venues. 2.3 In the mid 1980 s, two further disasters occurred: Heysel (1985) when 39 Italian fans were killed when a wall collapsed during a match in Belgium that involved an English team; Bradford (1985) when 56 people were killed in a fire during a league match. 2.4 2.5 2.6 Following these incidents, further legislation, mainly relating to fire safety was introduced in Great Britain. However, as with the Safety of Sports Grounds Act, enforcement practises were poor. In 1989, a further disaster took place at Hillsborough Football Ground in Sheffield when 96 football fans were crushed to death and many more were injured. Lord Chief Justice Taylor was asked to conduct an inquiry into the incident and to provide recommendations regarding safety arrangements at football stadia. The report by Lord Chief Justice Taylor into the Hillsborough Disaster of 1989 included a recommendation that public order legislation should be introduced into the statute book to create specific offences regarding disorderly behaviour at soccer matches. The Football Offences Act was enacted in 1991 and created 3 specific offences. Throwing a missile within a sports ground; Invading the field of play without authorisation; and Participating in racial or offensive chanting. 2.7 2.8 2.9 2.10 This legislation, along with the full implementation of the Safety of Sports Ground Act 1975 and a funding package to address safety management and structural issues at larger venues were seen as the key elements in the sea change in safety and spectator comfort at venues in Great Britain. Upgrading safety arrangements generally resulted in a reduction in security in many venues and the Football Offences Act was seen as essential in managing spectator behaviour at larger events. The legislation has subsequently been amended to include provisions relating to banning orders. Other legislation in place in Great Britain relates to the sale of alcohol at sporting events and the unauthorised sale of tickets (ticket touting). SNI and others have been lobbying since the late 1990 s for a package of measures to address safety at sports grounds in Northern Ireland. These measures included safety legislation similar to the Safety of Sports Grounds Act 1975 and ancillary legislation relating to public order at sporting events. The Safety of Sports Grounds (NI) Order 2006 was enacted in February 2006. The purpose of this legislation is to improve safety arrangements at larger sporting venues in Northern Ireland and the legislation mirrors that implemented in Great Britain following the Hillsborough disaster in 1989 and the subsequent report by Lord Chief Justice Taylor. - 4 -

2.11 2.12 2.13 The legislation requires that operators of designated venues and of smaller venues with stands with a capacity in excess of 500 obtain a safety certificate from the respective district council. Thirty sports grounds in Northern Ireland have been designated and Safety Certificates have been issued by the respective District Councils in recent weeks. It is therefore timely that the provisions contained in Part 4 of the Justice Bill are being considered by the Executive. These would complement the provisions of the Safety of Sports Grounds (NI) Order 2006. The provisions contained in Part 4, Chapter 2 of the Justice Bill will be of particular assistance to the operators of the venues designated under the Safety of Sports Grounds Legislation in upgrading safety arrangements and providing spectator friendly environments. 3. SNI S COMMENTS ON PART 4 (SPORT) OF THE JUSTICE BILL Schedule 7 - Paragraph 6 & 8 It should be noted that some matches played at the venues referred to in these Paragraphs can often host junior/ youth or low-level matches with low or minimal attendances. It may not therefore always be appropriate to apply the legislative provisions as detailed in Part 4 of the Bill for such fixtures. 3.1 CHAPTER 1 - REGULATED MATCHES 3.2 Section 36 - Regulated matches SNI notes that different sections of the legislation refer to different categories of matches. 3.3 3.4 CHAPTER 2 CONDUCT AT REGULATED MATCHES Section 37 - Throwing of missiles SNI is most supportive of this section and considers it to be essential as a complement to the Certification processes relating to the Safety of Sports Grounds (NI) Order 2006. SNI notes that there have been a number of serious incidents when missiles have been thrown inside larger venues in recent years in Northern Ireland. SNI also notes the defense, of lawful authority or lawful excuse. 3.5 Section 38 - Chanting SNI is most supportive of this section. It is accepted that it is often difficult to take legal action against individuals who are part of a large crowd that are engaged in offensive chanting, however, the provision both acts as a deterrent and stresses the Executive s commitment to curbing this type of activity. Unfortunately, offensive chanting has been evident at some fixtures in Northern Ireland in recent years. Much of the population disapprove of chanting of an offensive nature and this may well have resulted in persons not attending fixtures at a venue. - 5 -

3.6 Section 39 - Going on to the field of play SNI is most supportive of this section and notes that unauthorized incursions onto the field of play have led to disorder at fixtures played in Northern Ireland in recent years. This has created a negative image of sport. Mass incursions on to the field of play can also place players and match officials at risk, in addition to risking injury to those scrambling over seats and barriers to get onto the field of play. SNI also notes the defense of lawful authority or lawful excuse. 3.7 Section 40 - Possession of fireworks, flares, etc SNI is most supportive of this section and welcomes its inclusion following comments made in response to the initial legislative proposals. The discharge of fireworks has been a problem at venues in Northern Ireland in recent years, and has caused injury to spectators, and also to a player. The discharge of a firework led to a fatality at a match in Wales some years ago. SNI notes the defense of lawful authority. 3.8 Section 41 - Being drunk at a regulated match SNI is supportive of this section. Unfortunately, drunken behavior has led to disorder at matches in recent years resulting in a negative image of sport. The drunken behavior by a few can also deter potential fans from attending fixtures. 3.9 Section 42 - Possession of drink containers, etc. SNI is generally supportive of this section. SNI is aware that bottles (including those that contained soft drinks have been used as missiles and weapons at some soccer matches in Northern Ireland in recent years. SNI consider that some guidance may be required to clarify the term article capable of causing injury and if it refers to plastic bottles with / without the cap removed and plastic receptacles such as cartons. 3.10 Section 43 - Possession of alcohol SNI consider that care should be exercised in the implementation of this section. 3.11 3.12 3.13 Persons in possession of alcohol at some soccer matches in Northern Ireland in recent years have behaved in a disorderly and anti social manner. SNI therefore consider it to be appropriate for this Section to be implemented at designated venues where soccer is played. Spectators at matches in Ravenhill Rugby Football Grounds have been drinking socially on viewing decks at fixtures for many years and SNI is unaware of any incidents. SNI consider that it would not be appropriate to implement this Section in relation to the designated venue where rugby is played unless there were to be deterioration in alcohol related spectator behaviour. Alcohol is generally not available at larger Gaelic fixtures. However, if - 6 -

proposals to upgrade facilities at Casement Park proceed, the sale of alcohol in controlled circumstances may be permitted by the GAA. Again, SNI consider that it would be inappropriate to implement this Section in relation to the designated venues where Gaelic sport is played unless there were to be deterioration in alcohol related spectator behaviour. 3.14 SNI is advised that a Commencement Order will be required to enact the provisions of the Bill, and that a Commencement Order will be required that will relate to each one of the three sports. This would enable the legislation to be applied as appropriate. 3.15 3.16 CHAPTER 3 ALCOHOL ON VEHICLES TRAVELLING TO REGULATED MATCH Section 44 - Offences in connection with alcohol on vehicles SNI is supportive of this section. There have been a number of incidents at fixtures in Northern Ireland when supporters arriving by private hire coaches, arrive in an intoxicated state and have behaved in a disorderly fashion. Similar legislation in Great Britain would appear to have had a positive effect on spectator behavior at larger fixtures. 3.17 3.18 Chapter 4 - TICKET TOUTS: REGULATED MATCHES Section 45 - Sale of tickets by unauthorized persons SNI is supportive of this section. There is the potential for spectators supporting a given soccer team to obtain tickets for an area of a sports ground, occupied by supporters of a rival team. Contentious matches such as the recent NI v Poland require segregation measures to be in place. Polish fans were endeavoring to buy tickets for any part of the ground and given the disorder associated with that fixture, it is likely that matters would have been exacerbated if they had been successful. 3.19 3.20 CHAPTER 5 - BANNING ORDERS IN RELATION TO REGULATED MATCHES Section 46 - Banning orders: making a conviction SNI is supportive of this section. This should act as a deterrent to those who may involve themselves in disorderly behaviour. 3.21 Section 47 - Banning orders: content 3.22 Section 48 - Banning orders: supplementary SNI note the content of this section - 7 -

3.23 Section 49 - Banning orders: violence and disorder 3.24 3.25 Section 50 - Banning orders: duration Section 51 - Banning orders: additional requirements 3.26 Section 52 - Termination of banning orders 3.27 Section 53 - Information about banning orders 3.28 Section 54 - Failure to comply with banning order SNI support the content of this section. 3.29 3.30 CHAPTER 6 - ENFORCEMENT Section 55 - Powers of enforcement SNI is generally supportive of the content of this section. 4. CONCLUSION 4.1 4.2 4.3 SNI generally supports the provisions of Part 4 of the Justice Bill. SNI consider that the content of Chapter 2 Conduct at Regulated Matches will assist the holders of Safety Certificates issued under the provisions of the Safety of Sports Grounds (NI) Order 2006 to comply with the terms and conditions of the Certificates, and thus maximise the safe capacity of their venue. The provisions will assist venue operators with safety management arrangements at the respective venues. This should reduce the number of stewards required and the need to have police officers at a fixture. The provisions of Chapter 2 should reduce the potential for disorder, improve safety arrangements, and provide a more spectator friendly environment which in turn should lead to higher attendances. The implementation of the Justice Bill in conjunction with the Safety of Sports Grounds Order would mirror legislation in Great Britain that is believed to have a positive effect on spectating at larger venues and the increase in attendances in particular by women, families and young persons as well as persons with a disability. For further information please contact: - 8 -

Paul Donnelly Policy, Planning & Research Manager Sport Northern Ireland Tel: 028 9038 3870 Mobile: 07774695145 pauldonnelly@sportni.net - 9 -