London Olympic Games and Paralympic Games Bill

This group of amendments relates to the status of the words and phrases listed in schedule 4. In debate, both here and in the other place, considerable concern was expressed about the ““evidential burden”” that we had created in relation to schedule 4. The evidential burden would have meant that the use in combination of the words and phrases listed in paragraph 3 of the schedule would, in the absence of any evidence to the contrary, have been treated as constituting an association with the London Olympics. Although the burden was a light one, by which a defendant had to produce any evidence that an association had not been made, to shift the burden back to LOCOG to prove its case, we have listened to what has been said during the Bill’s passage and have taken the opportunity to amend it by removing the evidential presumption. We still feel that the list of words and phrases in schedule 4 is important in helping the public to understand what sort of activity may create an association with the London games, but we appreciate the concerns that have been expressed about the position in which we would have been putting advertisers and businesses by virtue of an evidential presumption. The amendments will remove the evidential presumption attached to the use of the words and phrases listed in paragraph 3. Instead, we have suggested that when considering whether the London Olympics association right has been breached, the courts would be able to consider, in particular, whether the defendant had used a combination of the words and phrases listed in schedule 4. I hope that hon. Members will be able to support this approach. It removes the evidential presumption about which both Houses had expressed concerns, but retains in the Bill the list of words and phrases that provides greater clarity for the public about what the association right is about, and allows the court to take into account the use of those words and phrases when deciding whether someone has infringed the association right. I hope that the House will accept the amendments.