Football Governance Bill [HL]

Debate between Lord Maude of Horsham and Lord Markham

Report stage
Tuesday 11th March 2025 Lords Chamber

[Lord Maude of Horsham (Con)]

My Lords, I rise merely to add my support to what has been said, and to commend the Government for having been on a journey to recognise some of the points made in Committee, which, as my noble friend Lord Parkinson said from the Front Bench, was some two months ago. I hope I will not be thought ungracious if I simply comment that it was mildly irritating for us to be criticised for submitting this Bill to the scrutiny that we did in Committee, and to be accused of filibustering, when the Government were all the time listening to what we were saying and moving in the direction we were advocating.

I would merely comment that a number of us across the House advocated in Committee that an obligation to pursue growth in English football should be a key part of the purposes of the Bill. That was rejected by the Government at the time—almost contemporaneously with the Chancellor of the Exchequer using her bully pulpit to advocate that all the other regulators should be doing precisely what we were proposing.

We welcome the conversion and the journey, and we hope that more concessions will be made towards making the activities of this regulator less damaging than seemed to be the danger in the way the Bill was originally constructed. There will be more for us to discuss on that subject later.

[Lord Markham (Con)]

I will speak briefly about the growth amendment in my name. Like other noble Lords, I welcome the Government’s recognition of the importance of growth and, generally, I welcome the input from the Minister and the collaborative manner.

I want to make one point quite clear for the record. There are two main reasons for the success of the Premier League. First, as the noble Lord, Lord Birt, pointed out, it has 44% of the best players in the world. Secondly, every game is competitive. Why is that important in this context? Two elements that the regulator can be involved in could impact that. One is the backstop: if there is too much redistribution between the Premier League and the other leagues, the Premier League will no longer be able to attract the best players in the world, and that will impact the attractiveness of the sport. The other element is the parachute payments: if those are impacted to a degree that clubs no longer feel confident to invest in new players if they have just been promoted or are under threat of relegation—making those games less competitive—the Premier League will become less attractive.

That is why it is very important to put on the record that, instead of having one just dimension where the regulator considers the sustainability of clubs—that would always point it towards redistributing more money —it now has the twin objective of growth. That will mean that it needs to counter that with making sure that the Premier League and all of football is very successful—because it can attract the best players because it has the financial resources to do so—and that all clubs want to invest because they know that they have the safety net should they be relegated.

Again, I am very pleased to see that that extra dimension is now added in there. That will be an important point that the regulator will always have by its side as it considers the Bill.

Football Governance Bill [HL]

Debate between Lord Maude of Horsham and Lord Markham

Committee stage
Monday 16th December 2024 Lords Chamber

[Lord Maude of Horsham (Con)]

I am sorry that we did not have a proper exchange, because I was looking forward to that.

The reality is that the revenue that local community clubs get is predominantly gate money—match day revenue. As you go up the pyramid, a greater proportion comes from commercial sponsorship and merchandise; and then, when you get to the Premier League, pretty much half or more is broadcasting revenue.

I am indebted to my noble friend Lady Brady for this. More than half of the Premier League’s revenue from broadcasting is international—that took me by surprise. The next-largest part is commercial—sponsorship, merchandise and so on—and the smallest part is the matchday revenue. The point is that all this comes from the good will of fans, either directly from their pockets or because of their engagement and commitment. Tottenham happens to have a very large fan base in South Korea because our captain is South Korean. Our biggest sponsor is an Asian insurance company. Why is it supporting Tottenham? It is because there is a huge fan base in Asia.

After all, as we know—although we are sometimes shy of saying this in these debates—the Premier League is the goose that lays the golden eggs that then cascade down through the pyramid, to a much greater extent than in any of the football pyramids in other European countries. Therefore, the way in which clubs consult will be very different—but the suggestion that they need a regulator to enforce upon them the duty to consult their fans is to ignore this really important point: it is in their interest to keep their fans, wherever they are, on board. If ever there were a vivid illustration of that, it is when the European super league proposal came up. It was killed not by politicians, a regulator, your Lordships’ House or the other place but by fans.

[Lord Markham (Con)]

I will speak briefly to my Amendments 238 and 241. I agree with noble friend Lord Maude that it is absolutely in the clubs’ best interests to make sure that they are consulting their fans on this. If we are going to put things down, though, I will speak to two essential points.

A football club shirt is more than just the colours; it is the design as well. Any football supporter would know that the blue and white hoops of QPR are quite different from the stripes of Brighton—fans could maybe be involved in that. I remember with some humour that one Brighton design was a bit like a Tesco bag and the fans used to wear an actual Tesco bag. That probably cost the club a lot of money in lost shirt sales. But, generally, the fans have a role in that and in the name of the club—my Amendment 241 is on this—which I think most people would agree is fundamental.

[Lord Parkinson of Whitley Bay (Con)]

I am glad that the Government Chief Whip has been here to see the lively debate on all sides of the Committee, including on his own Benches, on this group. He will have noted that only two of the 19 amendments come from the Opposition Benches. So I am very glad that he has been able to join us for this lively discussion as we head into dinner.

I will not elaborate on the points that my noble friend Lord Markham made on his two amendments, to which I added my name, other than to say that I wholeheartedly agree. Given that the Government are already looking at club colours, I am interested in why this is not extended to home shirt design, which my noble friend mentions in his Amendment 238.

On my noble friend’s Amendment 241, the name of a club is hugely important. It is not uncommon for clubs to change names. I gather that Bournemouth began life as Boscombe St John’s Lads’ Institute and Arsenal started as Dial Square, in the Dial Square workshop, and then became Royal Arsenal, I think because of a local pub called the Royal Oak, and Woolwich Arsenal—

Football Governance Bill [HL]

Debate between Lord Maude of Horsham and Lord Markham

Committee stage
Monday 2nd December 2024 Lords Chamber

[Lord Maude of Horsham (Con)]

Before my noble friend responds to that, he is on a very important point here about the remedies that are available to a regulator where they have concerns. The noble Lord suggests that you put in some great and good, experienced, splendid people, and they will make it all better. We have rightly heard a lot from the noble Lord opposite about Brighton & Hove Albion. If a visionary owner had a view of how you could, by investing in the right way, in the right kind of players and the right methodologies, have a different approach to managing and developing a football club, what would a great and good, wise and sage board have said? It would have said “Ooh, very difficult”. Board members would have pursed their lips and sucked their teeth and possibly stopped there being this great success story.

What would a regulator have done? They would have said, “This all looks very risky. How can you justify this great vision you’ve got?” Would they, as my noble friend suggested, say “Well, you’ve got to put more and more money on deposit as a hedge against possible failure”? What are you then going to say to fans when they say, “Well, why aren’t you investing in the players that we need to create the success?” This is why so much of this is of concern. It goes back to the point we made earlier about sustainability. It is all about downward pressure. It is putting a cap on aspiration, vision, excitement, ambition and the possibility of having these great romantic stories of huge success. Is that really what we want the future of English football to be?

[Lord Markham (Con)]

I genuinely thank noble Lords for their interventions. We are trying to unpack and fix a tricky problem. I completely agree with the suggestion from the noble Lord, Lord Birt, about better boards; of course that is a good idea, but how does the regulator make that happen? Will it be given the powers to force people off boards? I have not heard that; I have not seen that anywhere in the Bill. I fully support recommending a stronger board, but how do you make it happen? The only remedy I see for this in the Bill, and which I keep coming back to, is that clubs have to deposit more money as a sort of punishment.

On the visionary business plan at Brighton, which really was visionary, a regulator at the time could have thought, “That looks a bit risky”—and it probably was a bit risky—“so how do I guard against that?” They could have wondered, “How much does this chairman know about football? He is a poker champion; that is brilliant. He believes in the stats. But he is probably not your conventional person, who you would be going to and asking for more money as a deposit”.

This is what we all keep coming back to. If the only remedy is that the clubs put more money aside—

Football Governance Bill [HL]

Debate between Lord Maude of Horsham and Lord Markham

Committee stage
Wednesday 27th November 2024 Lords Chamber

[Lord Markham (Con)]

I definitely do not want the regulator to be involved in every nook and cranny, but when the regulator is sitting here in front of us and we are assessing whether or not it has done a good job, to me, the only criterion is not whether all the clubs are still out there in existence. That is a pretty limiting move. Why would we want to narrow ourselves down to that measure? I do not understand why any noble Lord would not want an objective to be that TV viewership goes up or that media sports rights money goes up. I will sit down to give noble Lords a chance.

[Lord Maude of Horsham (Con)]

The noble Lord, Lord Mann, asks: would we want a matter such as that to be decided by the regulator or the clubs? Well, the clubs made the right decision. The decision was: “We want the Premier League to remain very competitive to prevent those who have access to, in effect, unlimited funds being able to stack the odds in their favour”. The clubs made a decision that this would not become a less competitive league than it currently is.

[Lord Markham (Con)]

I thank my noble friend for his point. I would totally include in that measure of success, as the noble Lord, Lord Mann, says, enjoyment. That is absolutely part of it, because it is the enjoyment which means that people will pay a lot of money for their TV subscriptions, but it is all about the financial health of the game.

On the point made by the noble Baroness, Lady Taylor, I know that in terms of Clause 10 and the funds for six months, the amendment is well intentioned and sounds quite reasonable. However, I have been speaking to a different Premier League chair—I am sure that we have all been speaking to club chairmen—and from one of those clubs that is very respectable. They are afraid of having to lock a lot of money into escrow for their sustainability. They said that all that this will stop them doing is investing in their team and their players. They look at their club as a balance sheet, with assets and liabilities. If the worst came to worst, they would look to sell one of their players, because they are assets. That is what businesses do; it is what clubs do. You do not need to say, “You’ve got to lock six months’ worth of money in there, £30 million, so you can’t afford a striker”. It is, “If you want to buy that striker, take the risk,” as my noble friend would say.