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What the Royal Parks is doing to a charity softball league should matter to us all

We live in a country where charity workers can be threatened with the police by a private company for playing softball in a public park.

In summertime games on public parks are the delight of everyone. 

Softball is one such game, and it is easy to play. There is no need for any pitch markings. With some basic equipment, anyone can pitch up to a public park and enjoy a game of softball.

This is what happens every summer at Hyde Park, managed by a body called the “Royal Parks” – described as “an executive agency of the Department for Culture, Media and Sport”. One part of Hyde Park is especially suitable for people who just want to pitch up and play any game, away from joggers, dog-walkers and picnickers who may be hit by stray balls or otherwise interrupted. It is called the “Old Football Pitches” and is just by the Albert Memorial. 

And ten years ago, some charity workers came together to play softball on the Old Football Pitches. Quite soon it became popular and a league was formed, the London Charity Softball League. This was organised by the charity workers themselves.

Out of this some very good things happened. This was not part of a grand plan, and it was not the result of any “communications strategy”. Ideas were swapped and thoughts exchanged. Charities gained insights and information about good practices from other charities without spending their donations on consultancy advice, and suitable people were hired without donations going to employment agencies. Significant savings were thereby achieved. It became an efficient and cost-free example of spontaneous civic association to which no sensible person on the left or the right could object. Anyone supporting or benefitting from the charities involved benefitted from this, and it has not cost those involved a penny. And all this was possible only because of the free access to a public space. It was, in its way, a quiet testament to what people freely coming together can do for the public good.

But the league is now likely to come to a sudden end. Tonight’s two matches – the end-of-league trophy and plate finals – will probably be the last played in this annual competition. A wonderful and cost-free public good may now be extinguished, and other similar public goods will be prevented from spontaneously emerging.

This is because of a sudden Royal Parks “change of policy”. Instead of the charity workers having free access to the Old Football Pitches, they will have to pay a total of an estimated £6,000 each summer, and if the charges are not paid then the police will be called. These charges are supposedly for the “management” of the space, but nothing has actually been done to improve the Old Football Pitches. The only change is that there are now charges when there were no charges before. The change of policy was not announced on the Royal Parks website and nor was there was a press release. There was even no consultation with the groups which had used the Old Football Pitches for years for free.

The enforcement of these charges have been given to a private company, who happened to manage the adjacent tennis courts. There was no procurement exercise for this new management role for the company; a simple expedient of varying an existing contract was adopted. The Royal Parks have refused to disclose this contract because of “commercial sensitivities” – which is odd because the Royal Parks also say this is not a commercial issue at all and is only to do with the management of a public park. The company is to keep a percentage of what they collect and will give the rest to the Royal Parks. This percentage, or the envisaged amounts involved, will also not be disclosed by the Royal Parks as it is “commercially sensitive”. But the fact is that the Royal Parks want it both ways: they want to say it is a commercial matter when it comes to not disclosing information, but to maintain it is not a commercial matter at all when they want us to nod along with their assurances that no one is making money out if it.

This is part of a trend. Hyde Park, like many other public spaces, is now shifting into becoming a “venue” and usage is becoming a revenue stream. What are public goods are being turned slowly into private goods: you will get what you pay for. The deputy chief executive of the Royal Parks even assured the charity softball players at a recent meeting that one often only appreciates something if it is paid for. (When I asked for clarification on this, I was told the press officer's "recollection was that the Deputy CEO was pointing to a specific body of research that indicates sports bookings are more likely to be kept when a small fee is taken in return for the space".)

There may be a case for charges to be made for usage of the Old Football Pitches; but the stark reality is that had those charges been in place eight years ago, the London Charity Softball League would not have come into existence, and all the cost-free benefits which have since flowed from this would never have happened. That is how public goods work: the benefits cannot be foreseen or quantified with certainty and fitted into neat business plans.

In the circumstances, the imposition of charges for usage of the Old Football Pitches has been a practical mess. The company has produced inconstant maps for the players as to what parts are still free to play on. An “administration fee” was announced out of nowhere, and then reduced. The rates to be charged were similarly declared, and then “discounted”. It all smacked of being made-up as it went along. And as the summer went on, fewer people played on the pitches. If the intention was to have the “efficient management” of the Old Football Pitches, the result was that they were emptier than before.

The legal position is similarly confused. The Royal Parks agency says it has the legal power to charge for usage when it has not charged before. This is a power incidental it seems to the powers granted under section 22 of the Crown Lands Act 1851. Whilst it is true that the Royal Parks can charge for football and tennis pitches, it is not obvious that this also applies to when people just turn up and play a sport, even if there is a league organised between them. I also asked the Royal Parks which power was relied upon by the company when it threatened in July to summon the police against the charity workers playing in a public park. I was told that this was under regulation 13(a) of the Royal Parks and Other Open Spaces Regulations 1997, which provides that no person using a royal park "shall in contravention of a notice exhibited by order of the Secretary of State, or after having been required by a constable not to do so, play any game or engage in any form of sport or exercise". But was there such a notice issued by the Secretary of State, I asked. Nobody at this executive agency of the DCMS could tell me.

In any case, the law is not on the side of public spaces. As Professor Antonia Layard explained to me, there is actually no legal category of "public space" in English law, just different types of private ownership. There may be some illusion of "public space" but all land is the property of someone, and that person invariably has rights they can enforce against the public using that land, whether that be the crown, a local council, or a private landlord.

Perhaps, in the grand scheme of things, it does not matter to you what happens to the London Charity Softball League. There are other places for them to play, even elsewhere in Hyde Park among the picknickers, dog-walkers and the joggers, even though those areas will be not be as suitable. But these small instances do mount up, and in aggregate the loss is expensive to our civic society. 

What is happening at Hyde Park is a micro-example: just one ill-thought through and badly executed sudden “change of policy” which will be enforced by threats of coercion regardless of the practical consequences, even when those consequences are pointed out, just because it will supposedly bring in more money.

And so tonight the charity workers will say goodbye to each other at Hyde Park. They will not be able to afford to play next year. The Royal Parks know this, but they refuse to shift their stance. 

Ultimately this is not about softball and charities; it is about all the unknown benefits which will now be lost because of the casual way those with power are restricting the free use of public spaces. As Vanessa Furey, co-ordinator of the campaign against the charges says:

This isn't just about our softball league, it's about all the other small groups who have used this areas for years and have built up a community. If we don't stand up an question this policy, who will? Our league was founded 10 years ago as an chance for people across the charity sector to informally network and look for opportunities to collaborate. In that time it has grown from 9 teams to 68, but without the ability for us all to go to this area in Hyde Park and play for free, it may never have got off the ground. Already this season we've seen fewer and fewer people using the area and a dramatic drop in teams from the league. These charges will not only have an impact on our softball league, but it's a financial barrier which will stop others from creating similar grassroots initiatives.

And it is not just about London. The Open Spaces Society tell us that all over the country spaces which have been or should be freely available for public enjoyment are being closed off, with people excluded unless they are prepared to pay. And it would appear this often done by stealth, without any consultation or advertisment, on an unclear legal basis, and sometimes even against the explicit basis why the land was made open to the public in the first place.

We are already in a country where charity workers can be threatened with the police by a private company for playing softball in a public park; one can only fear what worse micro-examples are to come before it realised there something valuable to us all is becoming lost.

 

David Allen Green is legal correspondent of the New Statesman

David Allen Green is legal correspondent of the New Statesman and author of the Jack of Kent blog.

His legal journalism has included popularising the Simon Singh libel case and discrediting the Julian Assange myths about his extradition case.  His uncovering of the Nightjack email hack by the Times was described as "masterly analysis" by Lord Justice Leveson.

David is also a solicitor and was successful in the "Twitterjoketrial" appeal at the High Court.

(Nothing on this blog constitutes legal advice.)

Photo: Getty
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Unite stewards urge members to back Owen Smith

In a letter to Unite members, the officials have called for a vote for the longshot candidate.

29 Unite officials have broken ranks and thrown their weight behind Owen Smith’s longshot bid for the Labour leadership in an open letter to their members.

The officials serve as stewards, conveners and negotiators in Britain’s aerospace and shipbuilding industries, and are believed in part to be driven by Jeremy Corbyn’s longstanding opposition to the nuclear deterrent and defence spending more generally.

In the letter to Unite members, who are believed to have been signed up in large numbers to vote in the Labour leadership race, the stewards highlight Smith’s support for extra funding in the NHS and his vision for an industrial strategy.

Corbyn was endorsed by Unite, Labour's largest affliated union and the largest trades union in the country, following votes by Unite's ruling executive committee and policy conference. 

Although few expect the intervention to have a decisive role in the Labour leadership, regarded as a formality for Corbyn, the opposition of Unite workers in these industries may prove significant in Len McCluskey’s bid to be re-elected as general secretary of Unite.

 

The full letter is below:

Britain needs a Labour Government to defend jobs, industry and skills and to promote strong trade unions. As convenors and shop stewards in the manufacturing, defence, aerospace and energy sectors we believe that Owen Smith is the best candidate to lead the Labour Party in opposition and in government.

Owen has made clear his support for the industries we work in. He has spelt out his vision for an industrial strategy which supports great British businesses: investing in infrastructure, research and development, skills and training. He has set out ways to back British industry with new procurement rules to protect jobs and contracts from being outsourced to the lowest bidder. He has demanded a seat at the table during the Brexit negotiations to defend trade union and workers’ rights. Defending manufacturing jobs threatened by Brexit must be at the forefront of the negotiations. He has called for the final deal to be put to the British people via a second referendum or at a general election.

But Owen has also talked about the issues which affect our families and our communities. Investing £60 billion extra over 5 years in the NHS funded through new taxes on the wealthiest. Building 300,000 new homes a year over 5 years, half of which should be social housing. Investing in Sure Start schemes by scrapping the charitable status of private schools. That’s why we are backing Owen.

The Labour Party is at a crossroads. We cannot ignore reality – we need to be radical but we also need to be credible – capable of winning the support of the British people. We need an effective Opposition and we need a Labour Government to put policies into practice that will defend our members’ and their families’ interests. That’s why we are backing Owen.

Steve Hibbert, Convenor Rolls Royce, Derby
Howard Turner, Senior Steward, Walter Frank & Sons Limited
Danny Coleman, Branch Secretary, GE Aviation, Wales
Karl Daly, Deputy Convenor, Rolls Royce, Derby
Nigel Stott, Convenor, BASSA, British Airways
John Brough, Works Convenor, Rolls Royce, Barnoldswick
John Bennett, Site Convenor, Babcock Marine, Devonport, Plymouth
Kevin Langford, Mechanical Convenor, Babcock, Devonport, Plymouth
John McAllister, Convenor, Vector Aerospace Helicopter Services
Garry Andrews, Works Convenor, Rolls Royce, Sunderland
Steve Froggatt, Deputy Convenor, Rolls Royce, Derby
Jim McGivern, Convenor, Rolls Royce, Derby
Alan Bird, Chairman & Senior Rep, Rolls Royce, Derby
Raymond Duguid, Convenor, Babcock, Rosyth
Steve Duke, Senior Staff Rep, Rolls Royce, Barnoldswick
Paul Welsh, Works Convenor, Brush Electrical Machines, Loughborough
Bob Holmes, Manual Convenor, BAE Systems, Warton, Lancs
Simon Hemmings, Staff Convenor, Rolls Royce, Derby
Mick Forbes, Works Convenor, GKN, Birmingham
Ian Bestwick, Chief Negotiator, Rolls Royce Submarines, Derby
Mark Barron, Senior Staff Rep, Pallion, Sunderland
Ian Hodgkison, Chief Negotiator, PCO, Rolls Royce
Joe O’Gorman, Convenor, BAE Systems, Maritime Services, Portsmouth
Azza Samms, Manual Workers Convenor, BAE Systems Submarines, Barrow
Dave Thompson, Staff Convenor, BAE Systems Submarines, Barrow
Tim Griffiths, Convenor, BAE Systems Submarines, Barrow
Paul Blake, Convenor, Princess Yachts, Plymouth
Steve Jones, Convenor, Rolls Royce, Bristol
Colin Gosling, Senior Rep, Siemens Traffic Solutions, Poole

Stephen Bush is special correspondent at the New Statesman. He usually writes about politics.