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Session 2001- 02|
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|Football (Disorder) (Amendment) Bill|
These notes refer to the Football (Disorder) (Amendment) Bill as introduced in the House of Commons on 19th July 2001 [Bill 26]
FOOTBALL (DISORDER) (AMENDMENT) BILL
1. These explanatory notes relate to the Football (Disorder) (Amendment) Bill as introduced in the House of Commons on 19th July 2001. They have been prepared by the Home Office in order to assist the reader of the Bill and to help inform debate on it. They do not form part of the Bill and have not been endorsed by Parliament.
2. The notes need to be read in conjunction with the Bill. They are not, and are not meant to be, a comprehensive description of the Bill.
3. The purpose of the Bill is to renew, without time limit, two sets of powers which were inserted in the Football Spectators Act 1989 by the Football (Disorder) Act 2000, but which will lapse within one year of coming into force unless renewed by statutory instrument, and in any case within two years.
4. The first of the two sets of powers in question is contained in section 14B of the 1989 Act. It created a procedure known as the banning order made on complaint. Under this procedure, the police may make an application for a banning order, under the terms of which a person may be forbidden to attend football matches in England and Wales and be required to report to a police station on the occasion of matches outside England and Wales. The application is made by way of complaint to a magistrates' court. The court must make the order if it is shown that the person has previously caused or contributed to violence or disorder in the UK or elsewhere and if it is satisfied that there are reasonable grounds for believing that a banning order would help prevent football related violence or disorder.
5. The second set of powers is contained in sections 21A and 21B of the 1989 Act. They created a new summary procedure which is intended to prevent people from leaving the country while the police seek a banning order on complaint. This procedure is intended to deal with the situation in which the police become aware, perhaps as a result of disorderly behaviour at the port of departure, that a person travelling to a football match overseas may be likely to participate in disorder. This power applies only during "control periods" (defined in section 14(5)) in relation to specified football matches taking place overseas.
6. Section 21A created a preliminary power for the police to detain a person for up to six hours provided that they have reasonable grounds for suspecting that the person has previously caused or contributed to violence or disorder in the UK or elsewhere, and for believing that making a banning order would help to prevent violence or disorder in connection with football matches. The purpose of this power is to allow the police time to make further enquiries before taking the step of prohibiting the person from leaving the country and of applying for a banning order.
7. Section 21B allows the police to give a person a notice in writing requiring him to appear before a magistrates' court at a specified time, not to leave England and Wales, and under certain circumstances to surrender his passport, if the police have reasonable grounds for suspecting he has previously caused or contributed to violence or disorder in the United Kingdom or elsewhere, and for believing that a banning order would help to prevent violence or disorder in connection with football matches. The issue of this notice serves as an application to the magistrates' court to make a banning order on complaint in relation to that person.
COMMENTARY ON CLAUSES
Clause 1: Repeal of provisions of Football (Disorder) Act 2000
8. Clause 1 repeals subsections (2) to (5) of section 5 of the 2000 Act, together with a related reference in section 3 of the Act. The effect is to continue in force without limit of time the provisions for banning orders on complaint and summary measures relating to detention and reference to the court contained in the Football Spectators Act 1989, which would otherwise have expired after one year from the date of coming into force or after a maximum of two years if continued in force by an affirmative statutory instrument.
Clause 2: Expenses
9. Clause 2 confirms that all costs attributable to the measures proposed in this Bill will be met from sums payable out of money provided by Parliament.
Clause 3: Short title, commencement and extent
10. Clause 3 sets out the short title of the Bill; provides that clause 1 will come into force on a day to be specified by the Secretary of State by means of an order made by statutory instrument; and provides that it extends to England and Wales only, since the provisions which are being continued in force apply only in that jurisdiction.
FINANCIAL EFFECTS OF THE BILL AND EFFECTS OF THE BILL ON PUBLIC SERVICE MANPOWER
11. Continuation in force of the powers in the 1989 Act by virtue of the Bill will entail costs for the police which are likely to be relatively small. The Lord Chancellor's Department estimates that the maximum attributable court costs amount to £572,000. This is to cover the cost of any additional magistrates' court hearings (£150,000), compensation costs paid under section 21D (£375,000) and civil legal aid costs (£47,000). No additional public sector staff are expected to be required as a result of the Bill's provisions.
12. The Bill will have negligible effects on business, and accordingly no regulatory impact assessment has been produced.
EUROPEAN CONVENTION ON HUMAN RIGHTS
13. Section 19 of the Human Rights Act 1998 requires the Minister in charge of a Bill in either House of Parliament to make a statement, before second reading, about the compatibility of the provisions of the Bill with the Convention rights (as defined by section 1 of that Act). The Home Secretary has made the following statement:
In my view the provisions of the Football (Disorder) (Amendment) Bill are compatible with the Convention rights.
14. As noted above, clause 1 of the Bill will come into force on a day to be appointed by the Secretary of State by order made by statutory instrument. Clauses 2 and 3 will come into force on Royal Assent.
|© Parliamentary copyright 2001||Prepared: 20 July 2001|