The Secretary of State for Culture, Media and Sport (Lisa Nandy)

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I beg to move, That the Bill be now read a Second time.

Today is a day of celebration for football fans in towns, villages and cities across England. Football would be nothing without the fans, and today we put them back at the heart of the game, where they belong. Football is genuinely our national game—it is the beating heart of our communities, a core part of what it means to be British, and one of our greatest exports. English football lights up the world through the premier league, and it lights up lives in every community through the magic that clubs bring, from the biggest in the world to our smallest grassroots clubs. However, while we celebrate the global success of the premier league, there is deep concern at every level of the footballing world about the fragility of the wider foundations of the game, which threatens its global success and the success of the whole game itself.

Since 1992, 60 clubs in the top four divisions have been plunged into administration, and behind that is the stark reality that fans have lived with for too long: that of being just one bad owner away from collapse. In my town of Wigan, we are no strangers to that; in recent years, we have fought two long, lonely battles to save our club. What I saw and learned over those long and difficult months appalled me, with rogue owners, asset-stripping administrators, and fans who were put last when they should have been first. In Reading, Fleetwood, Derby, Morecambe, Macclesfield, Chester and Bury are fans who have lived with a daily drumbeat of anxiety as leagues failed to come to agreement, owners came and went, and the systems set up to protect the fans failed one by one. We promised those fans that we would put an end to that. Today, we make good on that promise by bringing to this House a historic piece of legislation that has been far too long coming and putting fans back at the heart of the game, where they belong.

Lisa Nandy

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I agree with my hon. Friend, at least about the Bill—we perhaps differ on what is the best football club in the world. I also commend him on his long support for not just his football club, but his community, in which it plays such an important part.

Lisa Nandy

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I unreservedly pay tribute to Dame Tracey Crouch. Without her tenacity and determination, we would not have this Bill before the House in such good condition. We owe her a great deal, as does every football fan in the country. It is a source of pride to me that from the Bill’s inception—from the moment the fan-led review began—it has been a cross-party endeavour. I am grateful for the relationships we have been able to forge across the House to get us here.

Let me address head-on the question about the chair of the independent football regulator. David Kogan is by far one of the people in football most qualified to take on this role. [Interruption.] The right hon. Member for Beverley and Holderness (Graham Stuart) likes to chunter, but he might want to listen for one moment, though I know it is not his normal mode of operation. Not only is David Kogan negotiating billions of pounds-worth of broadcasting rights, but he has advised the Premier League, the English Football League, UEFA, the National Football League and the Scottish premiership among others. He was also on the list that I inherited from the previous Government, who had headhunted him directly to ask him to apply for the job. Not only that, but top of the list was somebody who had donated over £50,000 to the Conservative party, so I will take no lectures from the Conservatives.

Lisa Nandy

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No, I will not take the intervention, because I think a period of reflection and a bit of humility might be welcome from the Conservatives. They are embarrassing themselves. It is about time they listened and reflected on how this issue is perceived by millions of fans across the country.

We should be ashamed that it has taken so long to get to this Bill. It has been 14 years since parliamentarians first called for urgent change. It has been five years since Bury FC collapsed, sending shockwaves through English football. It has been four years since the European super league forced politicians to end years of violent indifference. It has been three years since the Crouch review called time on a system that has let fans down for two long, and it has been two years since the right hon. Member for Daventry (Stuart Andrew) introduced the Bill to Parliament, calling it a landmark moment for fans.

Lisa Nandy

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My hon. Friend is a big fan of a comeback himself, as this House knows. I too declare an interest: my stepdad was a lifelong season ticket holder at Gigg Lane. I know that I would be speaking for him, were he still alive, in thanking my hon. Friend for the tireless work he did while the Conservative Government stood by and did absolutely nothing as his club was allowed to collapse. My hon. Friend worked tirelessly with fans in the community, and has been able to throw open the doors of Gigg Lane to fans again, so I am grateful to him for that.

The time for inaction is over. We have known for so long that for English football to prosper, it must be made sustainable. That is what the Bill does. We promised that, and we are doing it. We ask everybody who cares about the future of football to back our fans, our game, and the Bill.

Lisa Nandy

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May I thank my hon. Friend for his intervention, and add my voice to his in paying tribute to Joe? All our thoughts are with his family and the community.

That example shows exactly why this Bill matters. It also shows why, up until today, this has been a genuinely cross-party endeavour, backed by Members in all parts of the House. Against that backdrop, may I take this opportunity to say that this amendment is an absolute embarrassment? With the exception of stronger protections for fans, which the Conservatives supported, this Bill, which the right hon. Member for Daventry is opposing, is the Bill that he introduced. This is the system of light-touch regulation that incentivises football to get its own house in order that only a few weeks ago he was championing. In fact, not only is it light touch and pro-growth, but we got those measures into the Bill—something that the Conservatives failed to do when they were in government. He should be thanking us and welcoming the strengthened provision in the Bill.

This Bill takes a proportionate approach that rejects one-size-fits-all, so that those with the broadest shoulders bear the greatest burden. The right hon. Member should know that because he presented the Bill to this House, and only a few weeks ago he was busy endorsing it. This is the Bill that every single Conservative Member supported at the election in their manifesto. Promises made, promises broken—we simply cannot trust a single word they say.

Lisa Nandy

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They just cannot stop embarrassing themselves. Seriously, the hon. Member was the Whip on the Bill Committee. He knows full well that UEFA has confirmed in writing to me, as the Football Association confirmed directly to Members of both Houses, that the Bill before the House does not breach UEFA statutes. I will say to him gently, as I said to Opposition Members—[Interruption]—the right hon. Member for Beverley and Holderness might like to learn something—that it is one thing to criticise the Government for something they disagree with; it is another to criticise them for doing exactly the same thing that they did in government.

The hon. Member for Kingswinford and South Staffordshire (Mike Wood) will know that the last Government—in which the shadow Secretary of State was the Minister responsible for the Bill—refused to publish any private correspondence, be it from UEFA or otherwise, because they said, rightly, that it remained confidential and was private. However, we have been happy to disclose to the House that there is no problem with the Bill presented as far as UEFA is concerned. I mean, honestly—

Lisa Nandy

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No, the hon. Gentleman is embarrassing himself. Sit down, have a period of humility, and learn what is in this Bill.

Lisa Nandy

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Even though we are talking about the Conservatives, I am absolutely gobsmacked. We are talking about millions of football fans around the country. Certainly in recent years, I have never not been of the opinion that Conservative Members do not think about anyone but themselves, but even on that test, I would have thought that they would see that it was in the interests of the Conservative party to back something that means so much to millions of people in every town, village and city across this country.

Lisa Nandy

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I will make some progress, but I will bring the hon. Member in when I can.

Let me remind the right hon. Member for Daventry what he used to think about the Bill. He used to say that a regulator was “substantial but necessary”; that not having one would be “catastrophic”; and that

“Without fans, football clubs are nothing. We would all do well to remember that as we work towards reform to secure a brighter future for football.”

The Conservatives have now worked themselves so far towards reform that they are virtually indistinguishable from the hon. Member for Clacton (Nigel Farage). I can only think that he is writing their policy on football.

But seriously, how can the right hon. Member for Daventry look football fans in Hartlepool, Bolton, Portsmouth, Reading, Bury and Luton in the eye and defend this amendment, after making them a promise just two years ago, and again at the general election? [Interruption.] I have the full list. He might as well have it, because he is the only person in this room who does not seem to remember what he has said. I am left wondering whether he did not understand a word of his own Bill, which he introduced to this place just a few years ago and championed at the general election, or whether the sad truth is that the public cannot trust a single word that his party says.

Let me try to help the shadow Minister on what the Bill actually does. First, it introduces a licensing system to require clubs to have a sensible business plan that they stick to. That will include a clear financial plan that properly assesses risk. That is measured and proportionate, and it places requirements on clubs that reflect their circumstances. Let me address the concern that he has just discovered that he has. The Bill will take into account factors such as league, club size and financial health. That will ensure that the regulation is light-touch. We have cemented the proportionate approach that we inherited from him by adding two measures: a financial growth duty, so that the regulator will need to consider the financial growth of English football as part of its secondary duties; and a specific—[Interruption.] He cannot have it both ways. He cannot take credit for this legislation and then try to vote it down. Honestly, I have seen a lot from the Conservatives. I have seen people taking three different positions on two different options in front of them, but what I have not seen for a long time is a shadow Minister who has two different positions on his own view. It is just absurd.

We have also included a regulatory principle in the Bill to clarify that the regulatory regime is light-touch. That will provide clarity and certainty, and prevent any unintended consequences from deterring good owners from investing in our clubs. The Sports Minister, my hon. Friend the Member for Barnsley South (Stephanie Peacock), and I have worked closely with clubs at every level to produce legislation that is clearer for prospective owners than the existing system, and we are confident that this stable environment will drive more investors with a long-term prudent approach into the game.

Lisa Nandy

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The hon. Gentleman raises a decent point, and I will address it head-on. We have no plans to abolish parachute payments, and there is no measure in the Bill that allows us to do so. We also do not take a view on parachute payments; it is for football to determine its view. However, it would be nonsense to exclude parachute payments from the state of the game report, given that this Bill is about the financial sustainability of the whole game. The regulator must be able to take that into account and to use it to inform discussions with clubs in every league across the footballing world. That is the view that we took, but it is also far closer to the spirit, intention and recommendations of Dame Tracey Crouch’s review of football, which was led and informed by thousands of fans across the country. It is the right thing to do.

Lisa Nandy

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I will make some progress, as many Members want to speak. It shows how important this issue is to this House.

Some Members have raised concerns about competition, so let me be crystal clear. Football is an economic powerhouse. The Premier League and its clubs contributed more than £4.2 billion in tax in 2021, supporting more than 90,000 jobs. England leads the world when it comes to football, and the English pyramid is based on competition. That is why the regulator will not intervene in competition matters. Its scope is tightly defined, and I can say to the House with confidence that it will not risk contravening any international statutes. Members will have heard what I said to the hon. Member for Kingswinford and South Staffordshire about the view of UEFA, and they will have heard what the FA has confirmed directly to Members of both Houses. In fact, we are so committed to this principle, to protect England’s ability to compete in international matches, that we removed a damaging clause we inherited from the previous Government. It would have required the regulator to

“have regard to the foreign and trade policy objectives of His Majesty’s Government”

when approving takeovers. The system will be better and far more independent as a result.

Lisa Nandy

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I thank the hon. Friend for his advocacy. I also thank my hon. Friend the Member for Oldham East and Saddleworth (Debbie Abrahams), who has done incredible work in this regard. I am due to meet some of the families shortly.

I will try to make some progress, because many Members want to speak and raise issues about their own clubs and communities. Let me turn to the subject of financial distributions. Our strong preference is for football to be able to reach its own agreement on broadcast revenue distribution, but regrettably, as the House will know, no agreement has been reached since the last deal was struck in 2019. That is why we agree with Dame Tracey Crouch that clubs must have a safeguard in these circumstances, and the Bill proposes a backstop power. It was explicitly designed to incentivise industry to come to its own agreement, and restores the right of the regulator to consider all elements of club finances, including parachute payments. By definition, a backstop is a measure of last resort, and we have strengthened the measures in the Bill to ensure that the regulator will have the power to intervene only as a last resort. We have also made it clear that the regulator will need to publish its “state of the game” report before the backstop can be triggered, so that all parties have a clear and common understanding of the problems that should be addressed before engaging in mediation.

I recognise that the exact process of how the backstop should work has been a matter of serious and considered debate in the other place, with thoughtful suggestions made by Lord Birt, Lord Pannick and others. We are confident that we have proposed an effective mechanism, but we appreciate the constructive and thoughtful debate on this matter. Before the Committee stage, we will consider whether there are sensible ways in which to improve the process and ensure that we present the best possible option to the House.

Lisa Nandy

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I agree very much with what my hon. Friend has said.

Let me deal with the subject of owners’ and directors’ tests. Football clubs are the pride of our towns and cities. New owners bring important investment, but they are also the guardians, the custodians, of clubs that have stood at the centre of our communities and our lives for more than 100 years. Fans grow up attending matches with parents and grandparents; later, they take their own children and grandchildren. These clubs are handed on from one generation to the next. They are institutions that—as the right hon. Member for Hereford and South Herefordshire (Jesse Norman) once wrote—help to shape and define us as we help to shape and define them, and they are too important to be used as playthings by people who have no stake or care for the community that owns them.

That is why the Bill introduces a fitness test for owners and directors, a source of wealth test for owners, and a requirement for adequate financial plans and resources, also for owners only. Prospective owners and directors will have to pass those tests before buying or joining a club. Incumbents will not automatically be tested, but the power exists, if there is concern about their suitability, to remove them if they are found unsuitable. This approach reduces the regulatory burden, and is targeted proportionately where there is a risk of harm. It will bring peace of mind to clubs, their staff and their fans, who deserve nothing less.

Lisa Nandy

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We have purposefully set a high bar for incumbents, but it is right that the power exists.

Finally, I turn to the most important people: the fans. I said at the outset that the Bill maintains a tightly defined scope focused on financial sustainability and safeguarding heritage, and it will continue to take a light-touch, targeted and proportionate approach, but it is a new season and there is a new manager. Like all good managers, I could not resist making some well-timed substitutions to improve our odds of delivering on our manifesto commitment to make this country the best place in the world to be a football fan, and to deliver a Bill that is match fit. Too many fans have seen their teams’ owners change club badges and colours without any fan input, or have seen their club sell its stadium and up sticks until it is barely recognisable. Too many fans have watched as their clubs have tried to join closed-shop breakaway leagues against their wishes, and too many have seen their club struggle or even collapse under the weight of mismanagement and poor ownership.

Anneliese Dodds (Oxford East) (Lab/Co-op)

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rose—

Lisa Nandy

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Nobody knows that better than my right hon. Friend, to whom I will happily give way.

Anneliese Dodds

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My right hon. Friend has been passionate about the beautiful game for many years, and I am delighted that she is ensuring the Bill will be passed and make a difference for fans. One huge problem for fans has been their club getting trapped with an unsuitable, unsustainable and extremely expensive stadium because of goings-on at the club. We have that with Oxford United now. Does she agree that the Bill will help to stop that kind of situation, and that Oxford United must be allowed to move to the Triangle as soon as possible?

Lisa Nandy

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I am sure my right hon. Friend will continue to fight for Oxford United and all their fans. We have explicitly included provisions in the Bill to ensure that there are protections for fans around club relocation and the sale of stadiums. I know from my own experience at Wigan Athletic that one of the only reasons we still have a club is that the council had a covenant on the land, which prevented the stadium from being sold when we were in administration.

Lisa Nandy

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I am grateful to my hon. Friend not only for putting this issue on the record, but for raising it with me privately on a number of occasions—I know how committed she is. May I associate myself with her words about good football club owners? We firmly believe that this Bill will provide the clarity and certainty that allows good owners to invest without being outbid or having to compete with people who mean our clubs ill. I, too, have an extremely good owner at Wigan Athletic. We are fortunate to have him, and we know how important such owners are.

Lisa Nandy

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I am grateful to the hon. Gentleman for raising that issue, which affects many clubs around the country. The Department continues to engage regularly with fans and sporting governing bodies that are facing difficulties—not just in football, but across the board. We are working constructively to help support them, and I would be delighted to provide him with a further update on the individual case that he mentions.

We are determined to meet our commitments and promises to fans. We have improved the Bill explicitly to require clubs to provide effective engagement with their supporters, and to consult fans on changes to ticket prices and on any proposals to relocate their home ground.

Lisa Nandy

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If the hon. Gentleman forgives me, I will make some progress. I think over 50 Members want to speak in this debate, and I want to give them an opportunity to contribute.

We are determined to ensure, through this Bill, that those protections are in place. Clubs will be required to establish that a majority of fans are supportive of changes to club emblems and home shirt colours, and obtain FA approval of any change to a club’s name. For the first time ever, this will set a minimum standard of fan engagement in law. It will introduce financial regulation giving the regulator the power to oversee financial plans and step in where it has concerns. Many clubs are already delivering with and for their fans, but this should be a right of all fans, not just some. This Labour Government are delivering strong and sensible measures that respect the contribution of working people to this country, and our message is clear: if they value it, we will protect it, by putting fans at the heart of the game, where they belong.

Lisa Nandy

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I am not aware of that—genuinely, this is the first I have heard of it—but I am happy to look into it and come back to the right hon. Member.

Lisa Nandy

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I am going to proceed, Madam Deputy Speaker, because I can see, by your nodding your assent, that you would like to do so.

Real change or lasting change never comes from the Government alone; it takes a nation. I thank the fans, the clubs and the leagues, including the English Football League, the Premier League and the National League, for their extensive and constructive engagement; the FA, UEFA and FIFA for their continued support of the Bill; the Football Supporters’ Association, the Professional Footballers’ Association, Kick It Out and clubs across the pyramid for their invaluable perspective and support; and noble Lords for their close scrutiny. I also thank the civil servants in my Department who have worked tirelessly for many years, across two different Governments of different political persuasions, to get us to this point. Most of all, I thank one woman, without whose passion for football and its fans, relentless drive and determination to make good on this long-held promise, we would never have reached this moment—Dame Tracey Crouch.

This effort has united clubs across every league, fans and governing bodies; towns, villages and cities across our country; and, until today, even political parties, in our determination to fulfil our promise to fans. For the Conservatives, this—the amendment—is genuinely a shameful moment, pitting themselves against fans, clubs and the national game. However, for football and its fans, this is a new dawn. Hard-fought-for and long-awaited, it will give our national game and our much-loved clubs the most promising future, and put fans back at the heart of the game, where they belong. I commend this Bill to the House.

Lisa Nandy

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I gently point out that Bury FC were allowed to collapse. They were expelled from the league and they lost their football share. I know acutely from my own family experience that supporters continued to gather at the gates every Saturday because of that drumbeat of a ritual that had meant so much to them and their families. I know that the hon. Gentleman cares deeply about community, so surely he agrees that that can never be allowed to happen again.

The Parliamentary Under-Secretary of State for Culture, Media and Sport (Stephanie Peacock)

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I would like to return to the substance of the Bill. English football is the envy of the world. It is one of our greatest exports, watched by billions globally with some of the most exciting players, clubs and stories in any league. The premier league, the EFL and the national league contribute billions to our economy, support thousands of jobs and provide the infrastructure that supports the next generation of sporting talent.

Despite the global success of English football, nothing can disguise the underlying fragilities of the game. Too many fans have watched on as their club sells their stadiums, changes colours or collapses under malicious ownership. Since 1992, over 60 clubs have gone into administration, and expert analysis suggests the financial picture across the pyramid is worsening, not improving. For each club that fails, there is a devastating knock-on impact for local communities. Indeed, these clubs are more than just businesses; they lay at the heart of communities up and down the country, steeped in history and providing sources of identity and pride across our towns, cities and villages. I have seen that at first hand when visiting clubs across the country—from Southend United to Everton, from Barnsley to Brighton. Those fans deserve to focus on what is happening on the pitch rather than off it.

Of course, it was the previous Government that launched a fan-led review into football governance. That review, led by the former Conservative Sports Minister Dame Tracey Crouch—I pay tribute to her for her tireless work on this topic—identified the need for an independent football regulator. Of course, it was the previous Government that published their Bill to do just that. It fell due to the election, when Members on both sides of this House stood on election manifestos that committed to bringing forward a regulator again.

Ultimately, the purpose of the Bill is simple: it introduces a new light-touch regulator for the game intended to cover the top five levels of men’s football. At a basic level, the regulator will require just three things of clubs: be a fit and proper owner, have a sensible business plan and consult the fans. It will of course be applied proportionately.

Several Members across the House have highlighted the experience of their local clubs with rogue owners, including my hon. Friends the Members for Earley and Woodley (Yuan Yang), for Sheffield South East (Mr Betts), for Sheffield Brightside and Hillsborough (Gill Furniss), for Derby South (Baggy Shanker), for Blackpool South (Chris Webb), for High Peak (Jon Pearce), for Tewkesbury (Cameron Thomas), for Bracknell (Peter Swallow), for Reading Central (Matt Rodda) and for Portsmouth North (Amanda Martin). I know that many other Members would have liked to contribute to the debate.

I turn to financial distribution. I want to be clear that a football-led solution is the preferred outcome. The regulator’s primary focus will be ensuring that clubs have a suitable custodian and are run sustainably. Distribution should primarily be a matter for leagues themselves, but if a football-led solution cannot be reached, the regulator will be ready to step up if required. As a last resort, it can facilitate a solution. This backstop mechanism will only be used if football needs it, and it will be underpinned by the “State of the game” report, which will inform the regulator’s work for a comprehensive review of the financial health of football.

I turn to some of the other issues raised in the debate. A number of Members rightly paid tribute to their own grassroots clubs, and I have seen the contribution in my constituency of Barnsley South. Grassroots football is the foundation on which the football pyramid is built. It is not in scope of the Bill, but a few weeks ago we announced further investment. I was of course pleased to visit Basingstoke, and my hon. Friend the Member for Basingstoke (Luke Murphy) also raised that point specifically. The hon. Member for Cheadle (Mr Morrison) and my hon. Friend the Member for York Outer (Mr Charters) also mentioned it.

A number of Members mentioned concussion. That issue is not covered by the Bill, but the Secretary of State and I will meet families shortly. I have heard the points that they have made.

The Chair of the Culture, Media and Sport Committee, the hon. Member for Gosport (Dame Caroline Dinenage), rightly highlighted how some of the changes that we have made reflect the previous Committee’s report, whether with regard to fans or foreign policy. She also pointed out that we could ask 10 different people about parachute payments and get 10 different answers, but we believe it is right that they are not ruled out. She also spoke about how the chair of the regulator will need to demonstrate an understanding of the complex football ecosystem. I very much heard her comments about the appointment of the chair. We welcome the scrutiny that her Committee will provide—I know that she will be fair and robust. She asked for a cast-iron guarantee on clubs in trouble. We believe that the regulator would be able to prevent or mitigate similar situations, because regulation can be proactive. Real-time financial monitoring will allow early intervention if a club shows signs of distress. We heard so many examples in the debate, including Derby, Reading, Sheffield Wednesday and Blackpool.

I appreciate the support and contribution of the Liberal Democrat spokesman, the hon. Member for Cheltenham (Max Wilkinson), who raised a number of issues. I am happy to meet him to discuss them further. He asked specifically about commercial issues. The regulator will not intervene on commercial matters such as sponsorship. The Government will continue to follow the best available evidence on the impact of gambling sponsorship in sport to inform future decisions.

Let me be very clear: UEFA has confirmed in writing to the Secretary of State, and the FA confirmed directly to Members of the other place, that the Bill as drafted does not breach UEFA statutes. [Interruption.] The regulator will be operationally independent of Government and will not exert undue influence on the FA’s ability to govern the game. The extent of its statutory powers and duties will simply not allow it to do so. Conservative Members call for private correspondence to be published. How many letters from FIFA and UEFA were published by their Government? None.

Let me address the reasoned amendment. It is disappointing but not surprising that the Conservatives have tabled an amendment to kill the Bill. I will take some of those points in turn during the short time I have left. The Secretary of State has selected David Kogan as her preferred candidate for the role of chair of the independent football regulator. That follows a fair and open recruitment process that was run in line with the Government’s code for public appointments. David brings a wealth of expertise from the sport and media industries, making him an outstanding candidate for the role.

Let me make a few things clear on the increased costs and regulatory burden for all English football clubs, particularly in the lower leagues. First, these are exactly the same levy provisions used in the previous Bill, which the Conservatives introduced. As they will know, the Government are not setting the levy charge. Given the requirements in the Bill, we expect any charges to be distributed proportionately. Those with the broadest shoulders will pay the most.

I challenge the suggestion that the proportionate costs of the levy should lead directly to increased ticket prices. Some clubs have spent more on the transfer fee for one player than the regulator is estimated to cost over several years. When the levy is distributed across clubs, no club big or small will be charged more than is fair or affordable, so passing the costs on to fans would not be proportionate. It is quite amazing that the shadow Minister, the hon. Member for Old Bexley and Sidcup (Mr French), spoke about own goals. When I was in opposition, I heard him question the then Sports Minister—now the shadow Secretary of State, the right hon. Member for Daventry (Stuart Andrew)—about how the Bill could go further. Indeed, I have spent hours with the right hon. Member, whom I like and respect. I know that he has had a difficult day.

Each Member here from across the House will have a football club in their constituency, whether in the grassroots or up in the premier league. All of our communities have a stake in this game and in the pyramid. I believe this Bill will protect and promote the sustainability of the game. I thank everyone who has contributed to the Bill, from the clubs and the leagues to the fans, and of course to the Department for Culture, Media and Sport officials.

This is a once-in-a-generation opportunity to ensure that the sport we all love can be enjoyed for years to come by local fans and communities. It is the Labour party that is on the side of football fans. We are making good on our manifesto promise. Tonight we will deliver that change. I commend the Bill to the House.

Question put, That the amendment be made.