Minutes from the Major Spectator Sports Divisional Meeting Minutes - 22 November 2017

Major Spectator Sports Division - Minutes

Date: Wednesday 22 November 2017

Time: 11:00

Venue: Sport and Recreation Alliance, 14-16 Caxton Street, London SW1H 0QT

PRESENT:

Hannah Murphy (ECB), Tim Payton (Sport Communications), Laura Bewick (British Horseracing Authority), Monica Shafaq (Non-Executive Director, Sport and Recreation Alliance), Nick Vaughan (FA), Sam Gould (LTA), Rod Findlay (England Golf), Simon Taylor (PPF), Charlie Dewhirst (RFU), Richard Baldwin (Honorary Tax Adviser), Jonathan Orr (British Athletics).

ABSENT WITH APOLOGIES:

Ben Calveley (RFU), Jane Nickerson (Swim England), Scott Dougal (British Cycling), Andy Wright (Professional Golfers Association), Will Lambe (British Horseracing Authority), James MacDougall (FA), Fredrik Lindgren (PGA European Tour)

IN ATTENDANCE:

Emma Boggis (Chief Executive), James Allen (Director for Policy, Governance & External Affairs), Leigh Thompson (Policy Manager), Charlotte Adams (Parliamentary & Policy Officer), Ben Jessup (Policy Adviser)

For items one to three only: Rob Tate (Governance Manager, Sport and Recreation Alliance)

1. CHAIR’S REMARKS

EB welcomed everyone to the meeting and invited introductions to be given around the room. EB noted that due to unforeseen circumstances, neither Ben Calveley nor Jane Nickerson were able to attend hence EB would chair the meeting.

2. DATA PROTECTION BILL

LT reminded the meeting that GDPR will take effect from May 2018 but the DP Bill will provide some flexibility where the GDPR allows member states to implement specific measures in certain areas. LT noted the sector had had some success in securing Government amendments on anti-doping and integrity but there had been no proposed amendment regarding safeguarding to date despite assurances an amendment would be tabled.

It was understood that DCMS were supportive of the need for an amendment on safeguarding but that difficulties had arisen in getting agreement across other departments even though it was considered that other organisations – notably in the charity and voluntary sector – were likely to face the same issues.

On discussion it was agreed that sports should seek to table an amendment in order to ensure that Government responds. It was further agreed Bird & Bird should draft the amendment and explanatory materials, albeit recognising that this would require formal instruction from the sports paying for B&B’s advice. Report stage was expected to be early December (now confirmed as 11th Dec) and sports noted that any amendment would have to be tabled well before. LT noted that all sports legal teams would need to be comfortable with the proposed amendment before it could be used by public affairs teams.

TP noted that public affairs work would need to be coordinated to ensure the amendment had the right support and LT/CA offered Alliance support with this.

Separately EB agreed to contact DCMS officials to raise sport’s concerns and to ascertain whether a formal letter to the Minister would be helpful in assisting DCMS in discussions with other departments.

ACTION – LT to confirm agreement with B&B and sports to liaise internally with legal teams to provide formal instruction. CA to coordinate public affairs activity.

ACTION – EB to contact DCMS officials to raise concerns over safeguarding amendment.

3. GOVERNANCE

· A CODE FOR SPORTS GOVERNANCE COMPLIANCE DEADLINE

RT summarised discussion at the recent Governance and Company Secretary Forum meeting on compliance with the Code. RT noted that all had submitted their Tier 3 action plans but had little or no information on what was expected in terms of ongoing compliance. UK Sport’s subsequent letter to the CMS Select Committee answered some, but not all, of the questions raised.

The remaining questions centred on the ongoing assessment of compliance, who will be doing this (as the independent panel previously referenced has not yet been established) and system of sanctions. The Alliance has raised these questions with UK Sport and Sport England and will continue to follow up on these, providing a steer where possible.

NGBs were expecting a statement from the Minister for Sport in mid-December regarding which organisations have achieved compliance. The group had no significant concerns regarding non-compliance.

RF indicated that England Golf had had some conflicting feedback from Sport England and Inclusive Boards on their diversity action plan. SG similarly noted that the LTA had had no response from Inclusive Boards and there was a general sense that the capacity to support NGBs on Code compliance had been underestimated.

· JOINT APPROACH TO CMS SELECT COMMITTEE REPORT ON GOVERNANCE

The group discussed the forthcoming CMS Select Committee report on sports governance which was expected early in the new year. Although there was no clear terms of reference or deadline, it was understood the Committee was accepting written submissions up to around 8 December.

The group agreed an Alliance submission would be helpful to put on record the progress that had been made. JA indicated that an Alliance response would focus on progress made over recent years and not just since the publication of the Code for Sports Governance, comparisons between sport and other sectors, the importance of changing culture and behaviours rather than simply achieving compliance and the role of wider, systemic issues beyond NGBs’ control. The Alliance would draft and circulate a submission for comment.

ACTION – Alliance to draft submission to CMS Select Committee and circulate for comment.

4. SPORT AND RECREATION ALLIANCE UPDATE

· SPORTS BUSINESS COUNCIL

EB gave an update on the work Sports Business Council and the Council’s four working groups. EB noted that Brexit, infrastructure and regulation big three areas of focuses for the Council and that all WGs had been asked to consider these in their work.

The Sports Economy WG was looking at a sport sector deal tied into the BEIS Industrial Strategy.

The Events WG would be meeting shortly (30th Nov) and would focus primarily on more regular events rather than one-off, major events. Similarly, the Skills WG had not yet met but was expected to focus on apprenticeships and the Apprenticeship Levy in particular.

While there had been some initial pushback from the Minister at the Council, the Intellectual Property WG was looking at the relationship between sport and betting. TP noted noting that he was assisting by undertaking an international comparison of existing models, notably France and Australia. Moving forward, it was expected that further expressions of industry support may be required to demonstrate the importance of the issue to the sector with ministers.

In discussion it was noted that there was direct link between sports betting and Brexit in that historic ECJ judgements had eroded sports’ previous rights over data and fixtures. Post-Brexit, it was possible that the legal and regulatory regime may be different which could present opportunities to introduce some form of sports betting levy or right.

· MENTAL HEALTH

EB & JA updated on recent ministerial roundtable meetings: one involving high profile athletes and another involving organisations from across the sector. There was an overt focus on elite sport but the group recognised that this was only part of the picture and that grassroots also needed to be considered.

ST suggested that in terms of actions, there was a real opportunity to use elite sport athletes to advocate for awareness and discussion of mental health issues. This would likely have a significant impact and be relatively cheap and easy to do.

JA updated on the Mental Health Charter, noting that there were now in excess of 300 signatories. The next stage was to focus on delivering real impact at local level.

BJ updated on the recent Farmer/Stevenson review Thriving at Work:

- Disappointing that no explicit reference to sport and recreation, but some quite notable stats:

o Around 15% of people at work have symptoms of an existing MH condition

o Annual cost of poor mental health to economy is between £74-99 billion

o Only 11% of employees discussed recent MH problems with line manager

- One of big challenges raised around presenteeism - operational demands coming over and above employee wellbeing.

- One of most tangible recommendations is establishing a framework of mental health core standards – one for all to consider across the sector.

· FIT FOR THE FUTURE CONVENTION

EB reminded the group of the forthcoming FFF convention on 30-31 January 2018. Dame Katherine Grainger, Chair of UK Sport was joining a panel discussion on the wider impact of investing in high performance sport and the theme of the event was securing investment from different funding sources by demonstrating impact.

· SPORTS CLUB SURVEY

EB informed the group that the 2017 Sports Club Survey was now in field and encouraged all members to circulate to their networks. The aim was to build the largest evidence base possible around the health of sports clubs to inform future policy work. The survey was open until 15 December and details were available via the Alliance website. Template communications were available to assist members in sharing the survey widely.

ACTION: All to promote the survey to their membership.

· TAX (CORPORATION TAX & SUGAR TAX)

EB gave overview of the changes successfully introduced in the new Finance Act following Royal Assent last week. The changes allow NGBs to net off grassroots expenditure from pre-tax payments and corporates get the same relief for contributions to NGBs and other grassroots organisations. EB pointed out that the sector must now make use of the facility. The legislation is backdated to start of FY17/18 so expenditure incurred in the current financial year can be deducted. EB thanked LT and RB for their work in securing the reform.

LT had summarised the main changes in an article on the Alliance website and RB had written a more detailed article on the changes which he agreed to circulate.

LT had seen an initial draft of the HMRC guidance and would share with sports for feedback – overall it was considered best to ensure the guidance was high-level and left enough flexibility to interpret on case-by-case basis.

LT updated the group on the Soft Drinks Industry Levy (SDIL) and school sport. DfE had confirmed that the £100 million remaining in the Healthy Pupils Capital Fund (HPCF) would be allocated through two sources: the School Condition Allocation (for local authority-maintained schools) and the Condition Improvement Fund (for academies). Funds would be allocated via a direct payment through the SCA whereas the CIF would be allocated to successful bidders. The deadline for schools to submit bids to the CIF is 4 December. In discussion it was noted that the revised funding arrangements made it difficult to assess where money is going and how effectively it is being spent.

RB updated the group on Gift Aid, noting that he was representing the Alliance on a Gift Aid working group established under the Charity Tax Forum. The group was looking at ways to promote Gift Aid to improve take-up, including amongst sports clubs. RB would keep the group updated on progress.

ACTION – RB to send Alliance article on Corporation Tax changes for circulation to the wider group.

ACTION – LT to share draft HMRC guidance for comment

5. BREXIT – A MANIFESTO FOR THE SECTOR

LT presented the draft paper which was designed to clarify some key outcomes the sector wanted to see from Brexit. LT noted that sport had not been included within the 58 sectoral impact reports undertaken by DExEU and it was important to ensure the sector was part of Government’s thinking on Brexit. LT noted that the asks were intended to be high-level but also broad enough to represent whole sector not just professional/elite sport.

In discussion the following points were made:

· It was important that athletes and organisations had ready and easy access to other EU member states prost-Brexit. Athletes in particular needed to travel regularly to matches and tournaments in other EU countries.

· There was an opportunity to reinforce the importance of sport in supporting the soft power of the UK overseas.

· On immigration, it was important NGBs had the flexibility to determine their own arrangements on a sport-by-sport basis. It was felt that the rights of existing EU nationals e.g. athletes already contracted should be protected.

· The sector relied on a range of specialist skills in particular roles, many of which could not currently be filled by UK nationals. In addition, sports relied on associated sectors e.g. catering and hospitality which were themselves heavily dependent upon EU workers.

· Brexit opened up opportunities to do things differently – the potential relaxation of State Aid rules could, for example, make the introduction of a sports betting right or levy easier.

Overall members were supportive of the document and agreed with the asks contained within it, subject to the comments made. LT agreed to revise the document and circulate a final version.

ACTION – LT to circulate final draft for comment.

6. DUTY OF CARE

EB reminded the group that Baroness Grey-Thompson spoke at last meeting on DoC. NV noted that he understood the Minister was intending to respond formally to the DoC report in the second annual Sporting Future update likely in Feb/March 2018.

Members noted that the CMS Select Committee was very much focused on whistleblowing and grievance but, as regards the potential for an ombudsman, it was felt that the required functions would need to be identified first before deciding whether a new body might be required. Extending the role of existing organisations e.g. Sport Resolutions might be a viable alternative.

EB updated on work underway by UK Sport – led by Head of Integrity John Donnelly – which was designed to establish a suite of guidance documents for smaller NGBs around whistleblowing and grievance procedures. EB had discussed the potential to share some of this more widely with Alliance members which was well received.

7. REVIEW OF CRIMINALISATION OF DOPING IN SPORT

LT summarised the main conclusions from the Government’s review which had concluded doping should not be criminalised. The review contained a number of other recommendations of including that funding for anti-doping be sought from a wider range of sources.

HM raised a concern that there was a risk, over time, of UKAD taking on too many roles i.e. regulator, policy-setter and service provider with the potential for conflicts. It was also felt that UKAD had an effective monopoly on testing and other services which restricted the ability to deliver anti-doping more efficiently. TP also noted that UKAD’s financial model was problematic – for example the Sky investigation was self-referred but had cost approximately £0.5m with the costs borne by UKAD.

Further recommendations were expected in the Government’s separate tailored review of UKAD which was due in early 2018. LT agreed to keep a watching brief.

8. SECONDARY TICKETING

TP updated the group noting that the CMA had carried out raids on some prominent secondary platforms as part of its investigation into the secondary resale market. At present, no specific public affairs activity was required although further pressure may be need in early 2018 depending on progress.

9. AOB

None.

10. DATE OF NEXT MEETING

Wed 28 February 2018.

Minutes Major Spectator Sports Divisional Meeting Minutes - 22 November 2017

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