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Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 20 August 2025
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Displaying 2406 contributions

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Constitution, Europe, External Affairs and Culture Committee [Draft]

UEFA European Championship (Scotland) Bill: Stage 1

Meeting date: 8 May 2025

Stephen Kerr

This is my last point, because there are so many issues. It is good that you are here and it is good that you are being so up front with your answers.

Patrick Harvie mentioned issues of enforcement. There is a bit in section 24 of the bill that I could not understand. That might be because I am not a lawyer, but it might be because the whole idea of people forcibly entering premises without a warrant feels really foreign to me. In relation to the merchandise issue that George Adam referred to, section 24(2)(b)(i) says that no warrant is needed if

“the constable reasonably believes that there is a real and substantial risk that delay in seeking a warrant would defeat or prejudice the purpose of taking action”.

In the context of policing, if an officer perceives that there is a risk to life, then they may enter any premises. That is understood. Unless I am not understanding the logic, what is the real and substantial risk of someone having a bunch of scarves or hats? I do not quite get that. [Interruption.] What is the other one?

Constitution, Europe, External Affairs and Culture Committee [Draft]

UEFA European Championship (Scotland) Bill: Stage 1

Meeting date: 8 May 2025

Stephen Kerr

Continuing on the same topic, under section 2(4), why are UEFA officials exempt from the touting offence? I understand about secondary markets and that UEFA might want to set up one of those officially. I get all that, but on touting, why on earth would someone who works with or for UEFA be able to stand outside Hampden and tout a ticket while the guy who lives along the road in Mount Florida cannot do that? I do not understand that.

Constitution, Europe, External Affairs and Culture Committee [Draft]

UEFA European Championship (Scotland) Bill: Stage 1

Meeting date: 8 May 2025

Stephen Kerr

Okay. There is quite a lot to unpack just in that bit of the bill. Do not get me wrong: I am delighted that we have the tournament coming to the UK, to Scotland, but some things stick in the throat. UEFA is a profit-making organisation that is clearing part of our country out so that it can profit without restrictions. That covers removing all normal Scottish outdoor trading organisations, such as the burger vans and so on, from the area. That sticks in the throat somewhat because the bill does not suggest to me that those businesses will be compensated in any way. The big match days are probably their big revenue days; it is like the black Friday of their business every time there is a big game at Ibrox, Parkhead or Hampden. The bill says that they will be moved to other places, and that might not be anywhere near the crowds that they want to sell their products to, so they will not make the same money. There is nothing in the bill about compensating them. Just to pre-empt your answer, you know that my next obvious point will be to say that the compensation ought not to come from the public purse but from UEFA.

Constitution, Europe, External Affairs and Culture Committee [Draft]

UEFA European Championship (Scotland) Bill: Stage 1

Meeting date: 8 May 2025

Stephen Kerr

I have a few points that I want to clarify. I agree with Keith Brown: some of this feels very heavy-handed to me. Perhaps it is just about how you see things, but it feels that way. I know that George Adam has maybe taken a different view. For example, in section 7, charities cannot shake a tin outside a venue for a good cause. Why is that felt to be a threat to the commercial might of UEFA?

Constitution, Europe, External Affairs and Culture Committee [Draft]

UEFA European Championship (Scotland) Bill: Stage 1

Meeting date: 8 May 2025

Stephen Kerr

It can be, though, can it not? Section 3(2)(b) permits

“a body outwith Scotland, England, Wales, Northern Ireland or the Republic of Ireland”,

to do what I am suggesting for a local hospital or a playgroup—something that is not a registered charity. That would include the Isle of Man, Jersey and the Channel Islands. It seems to me that we are being particularly harsh towards organisations that are not registered with OSCR, but which are definitely charitable—

Constitution, Europe, External Affairs and Culture Committee [Draft]

UEFA European Championship (Scotland) Bill: Stage 1

Meeting date: 8 May 2025

Stephen Kerr

Good morning. It is very exciting to have a major global sporting event happen right on our doorstep. We are all very supportive.

However, a number of aspects of the bill deserve scrutiny. Will you explain the ticket touting elements? Will the bill prohibit ticket touting in Scotland only? I am thinking of schedule 1, which seems to suggest that the provisions of section 2 about ticket touting apply to the territory of Scotland only, that it will be quite possible for tickets to be sold—touted—outside of Scotland and that the provision of information society services, or ISS, can be done online. How will we police that, or is it outside the reach of our considerations?

Constitution, Europe, External Affairs and Culture Committee [Draft]

UEFA European Championship (Scotland) Bill: Stage 1

Meeting date: 8 May 2025

Stephen Kerr

Are we allowing police officers to do things that they would not normally do, other than in the case of a real and substantial risk to life?

Constitution, Europe, External Affairs and Culture Committee [Draft]

UEFA European Championship (Scotland) Bill: Stage 1

Meeting date: 8 May 2025

Stephen Kerr

Of course, that was a slightly different event. I think that your information would be very useful because the point will no doubt come up again as we continue to scrutinise the bill.

Constitution, Europe, External Affairs and Culture Committee [Draft]

UEFA European Championship (Scotland) Bill: Stage 1

Meeting date: 8 May 2025

Stephen Kerr

Of course, that is the whole point of this. I appreciate that. The significant thing, as I understand it from the 2020 legislation, is there was not one conviction.

Constitution, Europe, External Affairs and Culture Committee [Draft]

UEFA European Championship (Scotland) Bill: Stage 1

Meeting date: 8 May 2025

Stephen Kerr

That is useful to know. I note that busking is also there.