Football Governance Bill [HL]

Baroness Taylor of Bolton Excerpts

Committee stage
Wednesday 4th December 2024 Lords Chamber

Moved by

[Baroness Taylor of Bolton]

39: Schedule 2, page 86, line 13, leave out “may” and insert “must”

--- Later in debate ---

[Baroness Taylor of Bolton (Lab)]

My Lords, Amendment 39 is grouped with Amendments 41, 46 and 48. This is a pretty straightforward amendment, simply seeking to change in the Bill the word “may” to “must”.

For context, the Bill as it stands says that a non-executive member of the board “may” be removed from office in certain circumstances. That is clearly appropriate and something that we should expect. Similarly, the Bill says that an executive member “may” be removed in certain circumstances. Again, that is something that we should expect and is totally appropriate.

However, the circumstances in which such a removal can take place are actually rather serious. They are laid out quite clearly as being when the person is

“guilty of serious misconduct … has a conflict of interest … has failed to comply with paragraph 6(4)”,

which is about information on conflicts of interest, and

“is unable, unfit or unwilling to carry out their functions”.

I think we would all agree that, whether we are talking about a non-executive or executive member of the board, we need to take such issues seriously.

That is why I ask the Minister why it is only “may” be removed and not “must” be removed, because these circumstances would seem to justify removal. If anybody falls foul of the items identified here, there really has to be a presumption that they will be removed, and so the word “must” might be more appropriate.

[Lord Addington (LD)]

My Lords, the difference between “may” and “must”—or may and shall—is a pretty old parliamentary debate, but the noble Baroness has something here. I read through the amendments and thought, “It’s pretty clear. How could they stay if they’d done these things?” It will be interesting to hear the Minister’s response. I know that “may” probably means “must” in certain circumstances, but if we could just have it clarified, we might get through this very quickly. It is very worth while having it clarified in this case.

--- Later in debate ---

[The Parliamentary Under-Secretary of State, Department for Culture, Media and Sport (Baroness Twycross) (Lab)]

I thank my noble friend Lady Taylor of Bolton for introducing the amendments in this group. The Government acknowledge and understand the intent behind these amendments, which is to fortify the Bill’s provisions for dealing with conflicts of interest and unsuitable board and panel members.

It is essential that the regulator can deliver its regime, free from undue influence, vested interests and misconduct. I reassure my noble friends Lady Taylor of Bolton and Lord Bassam of Brighton, who is not in his place, that the Bill, supported by public law principles and non-legislative measures already in place, already sufficiently makes certain that the regulator will be free from conflicts of interest and misconduct.

Amendments 39 and 41 relate to the board. As with all public bodies, members of the regulator’s board will be subject to the Cabinet Office’s Code of Conduct for Board Members of Public Bodies, which the noble Lord, Lord Jackson of Peterborough, raised. I can also confirm that they will be subject to the Nolan principles. The code of conduct sets out clear requirements regarding the appropriate disclosure and management of conflicts of interest. This includes a responsibility on board members to openly and honestly declare any interests that could give rise to actual or perceived conflicts. Any breach of these requirements would be a breach of the member’s terms of appointment. Requirements on good conduct more broadly are also outlined in this document.

The Bill also places an additional onus on the appointer to check for conflicts that have not been otherwise declared at the point of making the appointment and on an ongoing basis from time to time. In addition, paragraph 16 of Schedule 2 requires members of the board to declare their interests in any matters which fall for consideration by the board, and for this declaration to be recorded.

I think I reflect the views of the noble Lord, Lord Hayward, when I say that, in the Government’s view, these amendments would represent an unacceptable constraint on the discretion of the chief executive and the Secretary of State to take the appropriate approach to managing issues with members of the board, such as conflicts of interest, on a case-by-case basis as circumstances dictate.

Amendments 46 and 48 concern the expert panel. I reassure noble Lords that, in the Government’s view, the Bill already sufficiently makes certain that the regulator will be free from conflicts of interest. The Bill places an onus on the chief executive, as the appointer of panel members, to check for conflicts that have not otherwise been declared at the point of making the appointment and, as with other processes, on an ongoing basis from time to time. In addition, paragraph 29 of Schedule 2 requires members of the panel to declare their interests in any matters which fall for consideration at a meeting of a committee they are on, and for this declaration to be recorded. In our view, these amendments would put in place too much of a constraint on the discretion of the chief executive to take the appropriate approach to managing issues with panel members, such as conflicts of interest, on a case-by-case basis as the circumstances dictate.

All in all, we are confident that the Bill already contains comprehensive safeguards to ensure the suitability of board and panel members. Therefore, I would be grateful if my noble friend would withdraw her amendment.

[Baroness Taylor of Bolton (Lab)]

My Lords, I am grateful to the Minister for outlining the provisions that she thinks adequately cover this point. However, if discretion still exists on issues such as being guilty of serious misconduct, then I have a concern. I am not sure that there should be discretion in a case of a serious misconduct. Maybe the point she raised about conflicts of interest and that conflicting with other parts of the Bill covers it, but I have this fear that, if there is discretion, the chief executive of the independent football regulator might be put under pressure by others. That can be a serious concern in any organisation. In a sense, I think these amendments would protect people from having to use discretion. If somebody was found guilty of serious misconduct, that would elevate the issue again.

[Lord Hayward (Con)]

I am particularly interested in what the noble Baroness just said about the pressure being imposed on a chief executive. If, having looked at a case in detail and correctly in terms of procedure and the like, he then gives way to pressure from elsewhere —it may well be political pressure of one form or another—would you not call into question whether you have the right chief executive in the first place?

[Baroness Taylor of Bolton (Lab)]

Yes. That is why we need to protect the chief executive or anybody else by not giving them this kind of discretion, which might leave them open to any kind of pressure. I am not sure it would be political pressure; it is quite likely to be internal political pressure with a small “p”, rather than political in the way that we discuss things. I ask my noble friend to consider this a bit further because, given the categorisation, there is a potential problem. I know she has taken an interest in this so, on that basis, I will withdraw the amendment.

Amendment 39 withdrawn.