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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.)

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How the row over Jackie Walker triggered a full-blown war in Momentum

Jon Lansman, the organisation's founder, is coming under attack. 

The battle for control within Momentum, which has been brewing for some time, has begun in earnest.

In a sign of the growing unrest within the organisation – established as the continuation of Jeremy Corbyn’s first successful leadership bid, and instrumental in delivering in his re-election -  a critical pamphlet by the Alliance for Workers’ Liberty (AWL), a Trotskyite grouping, has made its way into the pages of the Times, with the “unelected” chiefs of Momentum slated for turning the organisation into a “bland blur”.

The issue of contention: between those who see Momentum as an organisation to engage new members of the Labour party, who have been motivated by Jeremy Corbyn but are not yet Corbynites.

One trade unionist from that tendency described what they see the problem as like this: “you have people who have joined to vote for Jeremy, they’re going to meetings, but they’re voting for the Progress candidates in selections, they’re voting for Eddie Izzard [who stood as an independent but Corbynsceptic candidate] in the NEC”.  

On the other are those who see a fightback by Labour’s right and centre as inevitable, and who are trying to actively create a party within a party for what they see as an inevitable purge. One activist of that opinion wryly described Momentum as “Noah’s Ark”.

For both sides, Momentum, now financially stable thanks to its membership, which now stands at over 20,000, is a great prize. And in the firing line for those who want to turn Momentum into a parallel line is Jon Lansman, the organisation’s founder.

Lansman, who came into politics as an aide to Tony Benn, is a figure of suspicion on parts of the broad left due to his decades-long commitment to the Labour party. His major opposition within Momentum and on its ruling executive comes from the AWL.

The removal of Jackie Walker as a vice-chair of Momentum after she said that Holocaust Memorial Day belittled victims of other genocides has boosted the AWL, although the AWL's Jill Mountford, who sits on Momentum's ruling executive, voted to remove Walker as vice-chair. (Walker remains on the NEC, as she has been elected by members). But despite that, the AWL, who have been critical of the process whereby Walker lost her post, have felt the benefit across the country.

Why? Because that battle has triggered a series of serious splits, not only in Momentum’s executive but its grassroots. A raft of local groups have thrown out the local leadership, mostly veterans of Corbyn’s campaign for the leadership, for what the friend of one defeated representative described as “people who believe the Canary [a pro-Corbyn politics website that is regularly accused of indulging and promoting conspiracy theories]”.

In a further series of reverses for the Lansmanite caucus, the North West, a Momentum stronghold since the organisation was founded just under a year ago, is slipping away from old allies of Lansman and towards the “new” left. As one insider put it, the transition is from longstanding members towards people who had been kicked out in the late 1980s and early 1990s by Neil Kinnock. The constituency party of Wallasey in particular is giving senior figures in Momentum headaches just as it is their opponents on the right of the party, with one lamenting that they have “lost control” of the group.

It now means that planned changes to Momentum’s structure, which the leadership had hoped to be rubberstamped by members, now face a fraught path to passage.

Adding to the organisation’s difficulties is the expected capture of James Schneider by the leader’s office. Schneider, who appears widely on television and radio as the public face of Momentum and is well-liked by journalists, has an offer on the table to join Jeremy Corbyn’s team at Westminster as a junior to Seumas Milne.

The move, while a coup for Corbyn, is one that Momentum – and some of Corbyn’s allies in the trade union movement – are keen to resist. Taking a job in the leader’s office would reduce still further the numbers of TV-friendly loyalists who can go on the airwaves and defend the leadership. There is frustration among the leader’s office that as well as Diane Abbott and John McDonnell, who are both considered to be both polished media performers and loyalists, TV bookers turn to Ken Livingstone, who is retired and unreliable, and Paul Mason, about whom opinions are divided within Momentum. Some regard Mason as a box office performer who needs a bigger role, others as a liability.

But all are agreed that Schneider’s expected departure will weaken the media presence of Corbyn loyalists and also damage Momentum. Schneider has spent much of his time not wrangling journalists but mediating in local branches and is regarded as instrumental in the places “where Momentum is working well” in the words of one trade unionist. (Cornwall is regarded as a particular example of what the organisation should be aiming towards)

It comes at a time when Momentum’s leadership is keen to focus both on its external campaigns but the struggle for control in the Labour party. Although Corbyn has never been stronger within the party, no Corbynite candidate has yet prevailed in a by-election, with the lack of available candidates at a council level regarded as part of the problem. Councilors face mandatory reselection as a matter of course, and the hope is that a bumper crop of pro-Corbyn local politicians will go on to form the bulk of the talent pool for vacant seats in future by-elections and in marginal seats at the general election.

But at present, a draining internal battle is sapping Momentum of much of its vitality. But Lansman retains two trump cards. The first is that as well as being the founder of the organisation, he is its de facto owner: the data from Jeremy Corbyn’s leadership campaigns, without which much of the organisation could not properly run, is owned by a limited company of which he is sole director. But “rolling it up and starting again” is very much the nuclear option, that would further delay the left’s hopes of consolidating its power base in the party.

The second trump card, however, is the tribalism of many of the key players at a local level, who will resist infiltration by groups to Labour’s left just as fiercely as many on the right. As one veteran of both Corbyn’s campaigns reflected: “If those who have spent 20 years attacking our party think they have waiting allies in the left of Labour, they are woefully mistaken”. 

Stephen Bush is special correspondent at the New Statesman. His daily briefing, Morning Call, provides a quick and essential guide to British politics.