Show Hide image

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.)

Getty
Show Hide image

The World Cup you’ve never heard of, where the teams have no state

At the Conifa world cup – this year hosted by the Autonomous Republic of Abkhazia – ethnic groups, diaspora communities and disputed territories will battle for footballing glory.

Football's European Championship and the Olympics are set to dominate the back pages over the next few months. How will Team GB fare in Rio? Will the zika virus stop the tournament even going ahead? Will the WAGS prove to be a distraction for the Three Lions? And can Roy Hodgson guide England to a long-awaited trophy?

But before the sprinters are in their blocks or a ball has been kicked, there's a world cup taking place.

Only this world cup is, well, a bit different. There's no Brazil, no damaged metatarsals to speak of, and no Germany to break hearts in a penalty shootout.  There’s been no sign of football’s rotten underbelly rearing its head at this world cup either. No murmurs of the ugly corruption which has plagued Fifa in recent years. Nor any suggestion that handbags have been exchanged for hosting rights.

This biennial, unsung world cup is not being overseen by Fifa however, but rather by Conifa (Confederation of Independent Football Associations), the governing body for those nations discredited by Fifa. Among its member nations are ethnic groups, diaspora communities or disputed territories with varying degrees of autonomy. Due to their contested status, many of the nations are unable to gain recognition from Fifa. As a consequence they cannot compete in tournaments sanctioned by the best-known footballing governing body, and that’s where Conifa provides a raison d’être.

“We give a voice to the unheard”, says Conifa’s General Secretary, Sascha Düerkop, whose world cup kicks off in the Autonomous Republic of Abkhazia at the end of this week.

“We are proud to give our members a forum where they can put themselves on the map.

“From that we hope to give back in the long run and invest in the football infrastructure in our member nations to help them grow.”

The two week footballing celebration starts with an opening ceremony before Kurdistan and Székely Land kick off the tournament. It follows on from 2014’s maiden competition which saw The County of Nice avenging a group stage defeat to Ellan Vannin from the Isle of Man, to take the spoils in the final via a penalty shoot-out.  There were some blowout scores of note however, with South Ossetia smashing Darfur 20-0 and Kurdistan beating the Tamils 9-0 at the event which took place in Östersund, Sweden. Neither of the finalists will be returning to the tournament – throwing down the gauntlet to another twelve teams. 

This, the second Conifa world cup, is testament to the ever-expanding global footprint of the tournament. Abkhazia will welcome sides from four continents – including Western Armenia, the Chagos Islands, United Koreans in Japan and Somaliland.

Despite the “minor” status of the countries taking part, a smattering of professional talent lends credibility to the event. Panjab can call on the experience of ex-Accrington Stanley man Rikki Bains at the heart of their defence, and the coaching savoir-faire of former Tranmere star Reuben Hazell from the dugout. Morten Gamst Pedersen, who turned out for Blackburn Rovers over 300 times and was once a Norwegian international, will lead the Sapmi people. The hosts complete the list of teams to aiming to get their hands on silverware along with Padania, Northern Cyprus, and Raetia.

A quick glance down said list, and it’s hard to ignore the fact that most of the nations competing have strong political associations – be that through war, genocide, displacement or discrimination. The Chagos Islands is one such example. An archipelago in the Indian Ocean, Chagos’ indigenous population was uprooted by the British government in the 1960s to make way for one of the United States' most strategically important military bases – Diego Garcia.

Ever since, they've been campaigning for the right to return. Their side, based in Crawley, has crowdfunded the trip to the tournament. Yet most of its members have never stepped foot on the islands they call home, and which they will now represent. Kurdistan’s efforts to establish an independent state have been well-highlighted, even more so given the last few years of conflict in the Middle East. The hosts too, broke away from Georgia in the 1990s and depend on the financial clout of Russia to prop up their government.

Despite that, Düerkop insists that the event is one which focuses on action on the pitch rather than off it. 

“Many of the nations are politically interested, but we are non-political,” he says. 

“Some of our members are less well-known in the modern world. They have been forgotten, excluded from the global community or simply are ‘unpopular’ for their political positions.

“We are humanitarians and the sides play football to show their existence – nothing more, nothing less.”

The unknown and almost novel status of the tournament flatters to deceive as Conifa’s world cup boasts a broadcast deal, two large stadiums and a plush opening ceremony. Its aim in the long run, however, is to develop into a global competition, and one which is content to sit below Fifa.

“We are happy to be the second biggest football organisation,” admits Düerkop.

“In the future we hope to have women’s and youth tournaments as well as futsal and beach soccer.”

“Our aim is to advertise the beauty and uniqueness of each nation.”

“But the most important purpose is to give those nations that are not members of the global football community a home.”

George Weah, the first African winner of Fifa World Player of the Year award remarked how “football gives a suffering people joy”.

And after speaking to Düerkop there’s certainly a feeling that for those on the game’s periphery, Conifa’s world cup has an allure which offers a shared sense of belonging.

It certainly seems light years away from the glitz and glamour of WAGs and corruption scandals. And that's because it is.

But maybe in a small way, this little-known tournament might restore some of beauty lost by the once “beautiful game”.