Football Governance Bill [HL]

Debate between Baroness Fox of Buckley and Lord Addington

Committee stage
Monday 16th December 2024 Lords Chamber

[Lord Addington (LD)]

My Lords, I make a brief reminder here that objections have been raised to all sorts of things. I remember when it was the poppy on jerseys in a football match. Apparently, a political statement is one that you either do not understand or do not agree with. I ask the Government, and indeed all noble Lords, to be very careful about this. These amendments are trying to exclude things that might be positive and good, because there will always be somebody who disagrees with them. All I will say is: tread very carefully here. Remembering the dead of World War I and World War II would not be seen as an overt statement in this country, but apparently it is elsewhere.

[Baroness Fox of Buckley (Non-Afl)]

My Lords, very briefly, I am so glad that these amendments were tabled, because it gives us a chance to reflect. The statement that to determine what is right and wrong between different countries and cultures is very complicated so it is easier to say that it has no place in the game seems fair enough to me. Politics is complicated. We find it complicated in this place, even though we are the legislators and the politicians. Once you start introducing it into football, you can get into a real mess.

I am also not sure about a few things, so I want to share some confusion. One difficulty is that, for example, we heard from the noble Lord, Lord Hayward, last week that he does not consider the rainbow armband to be political, but I think that it is highly ideological and political. Last month, the FA dedicated a 35-minute video to the Rainbow Laces campaign, showcasing an activist-heavy panel that included its women’s talent and senior game EDI consultant coach developer. That title gives the game away before we go anywhere.

Guess what? That particular individual used to work for Stonewall before being brought into football. I hope that we in this House understand that Stonewall is at least a highly contentious political organisation which is now at the heart of defining what is considered to be inclusive football. The problem with this profusion of rainbows on laces, pitch flags, ball plinths and all the rest of this branding is that any objection on the basis of politics leads to an accusation of being insensitive to lesbian and gay people or being homophobic. Indeed, it is the very opposite. I think that trans ideology is discriminatory against lesbians and gays because it does not understand same-sex attraction. If noble Lords are lost and are thinking, “Oh God, what is she going on about?”, that is fine. It is a political matter and nothing to do with football. I worry when football managers and teams get embroiled in this.

I was unsure about this amendment. I am usually the kind of populist democrat who says, “Vote on everything; go and have a vote”, but I did wonder when the noble Lord said, “See what the fans say—don’t put out a statement unless they agree with you”. Maybe it is because I am from a Celtic family—although some of them support Spurs. I hope that noble Lords can get their heads around this. Celtic’s fan base has gone completely bonkers on the Israel-Gaza question. It is like a Hamas support group on tour. The irony is that their sloganeering in support, as they would see it, of the Green Brigade and all the rest of it—their support for Gaza resistance—has put them completely at odds with Celtic’s owners and the board, although the Celtic Trust, the shareholders’ group, agrees with them. It has split the club. But everyone should keep out of this. Let them sloganise away, but do not get involved one way or another. Make the political point.

However, I cheered when Crystal Palace put out an official statement after the 7 October pogrom. I thought it was great that at last somebody had come out and condemned the murders and hostage-taking. We have seen what has happened to Israeli teams, which have been subjected to anti-Semitic attacks, one of which almost brought down a Government on the continent. We know what is going on. I am interested that football is getting involved in this. I have already commended those Spurs fans who have started a grass-roots campaign in support of Emily Damari, the last remaining British hostage. I want Spurs fans to chant this young woman’s name at the ground. Her uncle Rob is a Crystal Palace fan. As he pointed out, they may not have the grass-roots campaign, but at least Palace put out a statement.

I am into all this. I genuinely do not want to say that we should sanitise football clubs of all political discussion. It is impossible. It is not going to happen. I do not want the Government interfering in it or a regulator being involved. I do not want people being in a situation where they fail, or refuse, to acknowledge that they are putting forward, for example, EDI policies. These are politics in disguise, although they will not admit it. Politics is complicated. Let us keep it out of football. The fans will be political just because they are stroppy like that.

--- Later in debate ---

[Baroness Fox of Buckley (Non-Afl)]

My Lords, I asked for this amendment to be degrouped because I wanted to ensure that the issue of equality, diversity and inclusion reporting was treated separately and as an important issue in its own right in the Bill. I thought that would mirror the way the Government have treated the same topic. I had problems with the original Bill that the Conservative Party introduced when in government. I was ready to oppose it, but in a fairly limited way. When the Bill came back with the new Government, things had been added. One of the announcements the Government made was of the importance of adding EDI—equality, diversity and inclusion—and that they were bolstering that in the Bill. I immediately became concerned. As we have all noticed, we have discussed it quite a lot already, but there is always more to say.

I want to establish something: it is admirable that corporations, institutions and football clubs are today keen to try to make themselves more welcoming places for minorities and for everyone. They should not employ any discriminatory practices that prevent people being able to participate equally—in this instance as fans, in employment or at any level of staff, management or players. The only thing that should matter is merit rather than prejudice; that should be the key principle. To be clear, my objection to the regulatory requirement for EDI reporting being added to the original Bill was not because EDI is some righteous vehicle for fairness in football governance but rather because EDI is a bureaucratic process—I would even say a bit of a virtue-signalling racket. It is expensive, ineffective and often counterproductive, and it opens the door to political interference by the state in football, something that a number of us are worried about.

On effectiveness, I remind the Committee that the Post Office won awards for its diversity and inclusion policies. The Post Office also had a modern slavery statement, a carbon reduction plan and a very worthy statement of corporate social responsibility. All the while, senior management at that same Post Office allowed its own sub-postmasters to be treated in the most inhumane, unfair and possibly unlawful manner. You can tick all the good governance boxes in the world and have award-winning EDI schemes on the books, but it does not equate to good governance.

To be less cynical, most employers mean well when they decide to implement EDI measures, but they can be so desperate to be seen to be doing the right thing that they rush into initiatives that do not work even on their own terms. Research by the Chartered Institute of Personnel and Development, the CIPD, has found a worrying number of business leaders who say that they did not do any research before launching their EDI schemes.

Talking of research, I urge the Minister to look at the government-commissioned report of the inclusion at work panel. It was convened by Kemi Badenoch when she was Equalities Minister and Business Secretary. In case that allows anyone to dismiss the report as some kind of biased Tory report, the panel comprised a range of private and public sector experts. It was advised on by a renowned Harvard University professor. It really is just research. The report concludes that EDI practices are often polarising and counterproductive, and can even be unlawful. For example, in pursuit of a more diverse workforce, overzealous employers have used so-called positive discrimination even though it is illegal under the Equality Act 2010. I am worried that this is the kind of thing that will happen in football.

I remind noble Lords of the case that I mentioned very briefly in the debate on an earlier group in relation to the Royal Air Force. In 2022, hoping to meet its diversity targets, it overlooked eminently qualified white applicants for female and ethnic-minority recruits. This was then found to be unlawful, and those candidates who were passed over received financial compensation.

I remind the Committee of the case of Linzi Smith, who was reported to the police, a victim of surveillance and barred by her beloved Newcastle United Football Club for holding legal views and expressing them, not at a football ground but on social media. Her football club and the Premier League have disciplined her, and she is now banned from attending football. It is an atrocious case.

I also draw attention to a compelling new study released by Rutgers University, which has found that EDI training often sows divisions and resentment in organisations, and that EDI practices can lead to perceptions of prejudice where none objectively exists. For example, it can happen when prioritising EDI schemes, then sending employers on endless training sessions and workshops, and telling them—depending on their race, sex, disability or whatever—that they are either victims or oppressors. Guess what: this fosters and exacerbates conflicts and resentments.

What is heralded as an effective solution to bigotry and prejudice seems instead to be fuelling the very problems that its advocates claim to want to solve. Therefore, I ask the Minister to pause and think before adding this to the Bill, to avoid opening up a hornet’s nest of division in football clubs.

After all I have said, we should not be surprised to discover that things are moving pretty quickly and we could be behind the times. In America, US corporates and organisations are now realising that what they call DEI rather than EDI is causing real problems; they are starting to realise that they should get out of it. Richard Lowry, editor-in-chief of the National Review, recently wrote that one of the most important events in America this year, outside the presidential election, was the intellectual collapse of what was described as the “DEI fad”.

The Wall Street Journal and various other American newspapers have noted some of this. Walmart, America’s largest private employer, is just the latest company to abandon DEI. It announced that, from 25 November, it was rolling back a slew of initiatives related to DEI. This has included winding down programmes providing assistance to suppliers that are 51% owned by women, minorities, veterans or members of the LGBTQ+ community. It is also phasing out the phrase “DEI” in its corporate messaging, and says that it will no longer give priority treatment to suppliers based on race or gender diversity.

According to the City Journal, Boeing, the aircraft manufacturer, has dismantled its global equality, diversity and inclusion department as it oversees a broad revamping of the company’s workforce. It is now emphasising hiring on merit, while truly caring for people, regardless of arbitrary one-dimensional identity or affinity group labels. It says that that is the way to go.

This is not just me going on about EDI; this is major corporates across the world, which have tried this stuff and said that it has been a disaster. You can also look at Harley Davidson, the car maker Ford, and the farming goods company tractor today. They have all rejected EDI goals, targets, report writing, quotas and so on. We have also seen consumer boycotts that have forced brands such as Bud Light and Target to retreat from EDI-inspired marketing campaigns. That seems to me to indicate that maybe a pause is required.

I now want to come back to football.

[Lord Addington (LD)]

Hear, hear.

[Baroness Fox of Buckley (Non-Afl)]

I am glad that you agree.

Football can learn from other people; and, as we are importing EDI from the corporate sector and the university sector, we should see where it has been a disaster there before we impose it on football.

Most people in football, for obvious reasons, are not experts in EDI. You can imagine a situation where a football team is basically told that the regulator could punish them if they do not live up to the EDI requirements stipulated in the Bill. They will do what every organisation does in this situation. They will think, “We don’t know anything about critical race theory; we don’t know anything about decolonising; we don’t understand this stuff, so what should we do?” Of course, they outsource the work to the experts, who know. Third-party outsiders are brought in house. They are the kind of professionals who know all about EDI. Those professionals are not necessarily motivated by fair-minded, pragmatic goals. They are often activists: individuals or organisations committed to what I consider to be a political ideology—something like critical race theory. Look at how the diversity industry has wrought havoc on all levels of the public sector in this country: universities, museums, the Civil Service. This is a real source of contention. It does not matter what side you are on; it is causing divisions.

What began as an attempt to remove barriers for historically disadvantaged groups has grown into a thriving grievance industry. We have seen that one of the slogans of EDI is to bring your true, authentic self to work. My attitude is that you should leave it at home. The only thing you should bring to work is your professional self.

I commend the Secretary of State for Health, Wes Streeting, for making the point that your political views, if you are, for example, a hospital doctor, should stay at the door of the hospital. We are not interested in your true, authentic self. But of course, all the people are coming in and saying, “I have to express my true, authentic self as a doctor and tell you everything I have ever thought about Israel and Gaza”. That is out of EDI. That is where it came from. Your own Health Secretary has rather courageously pointed out that that that should be discouraged, if not disciplined.

This part of the Bill will oblige clubs to employ expensive pen-pushers with a particular expertise in writing reports, all because of the mandatory inclusion reports. These reports will not write themselves. We heard earlier from the noble Lord, Lord Maude, who is not in his place. He was talking about the challenges of writing complicated business plans. You have to get all the lawyers in. Let me tell you: to write an EDI report, you also have to learn a new language. It is a completely different world. They will be paying people to write this stuff.

It does not come cheap. The cash-strapped clubs facing financial strain—an issue we are keen to do something about—will now have to find the money to pay all these EDI directors. By the way, the assistant director of EDI community services in one local council was earning £103,000. These guys are not cheap. Which council was that person working for? Birmingham. It has gone bankrupt. This is what happens. You can waste money and your priorities can get completely distorted.

I do understand, by the way, that many football clubs have big EDI departments. The Premier League is like so many big well-endowed organisations and corporations, which very often have huge EDI sections—it is a growing industry. I disapprove of that, but that is up to them; I just do not want it to be regulated. But legally requiring smaller clubs to publish their inclusion strategies—explaining how their strategic plans will fulfil the EDI requirement, with annual equality reports and so on—seems to me to be taking their eye off what should be important. It inevitably steers organisations away from their actual purpose: winning games. Diversity training cannot become as important as football training. Encouraging clubs to demonstrate their EDI credentials could be an indulgent and dangerous distraction from what they should do and what they can do best.

Football Governance Bill [HL]

Debate between Baroness Fox of Buckley and Lord Addington

Committee stage
Monday 2nd December 2024 Lords Chamber

[Baroness Fox of Buckley (Non-Afl)]

I do not want to get into a fight among Tories, but I want to clarify my position. I disagree with both noble Lords, in some ways. My point is that I want football clubs to focus on football and not to have rows like this. This is precisely the thing I am objecting to: the introduction of at least in some ways contentious political or scientific matters. I simply say that this should not have anything to do with the regulation of football. That is all, and that is the reason I oppose it—not because I am taking a particular view on climate change or net zero.

[Lord Addington (LD)]

My Lords, I have the last amendment in the group, which seems to be where my amendments are occurring today. I think we should have somebody at each club who addresses this issue. I am with the noble Lord, Lord Deben, on this; it is an undeniable thing. You could probably quote one person who has said, “No, it isn’t”, but you cannot list everyone else who says that climate change is real without being here all week. They will then disagree about its extent, but they will not disagree on the fact that it is real.

There should be somebody at each club doing exactly these things to make sure that the business is sustainable, and to address the various problems. If it is just one person, as was suggested, it is simply a question of saying, “Please pay attention: can we raise the issue and see what is going on?” This could be someone who is managing the flood risk; the fact that grounds are being flooded is unarguable. Someone should be saying things such as, “What is the least damaging type of cup?” All of these issues will be important at different levels to different groups, but they are important. If other regulations are coming up to deal with this, you would be an absolute fool not to bring them into your plan.

The noble Lord, Lord Deben, is probably right on this, and it is nice to see him on the Bill.