Football Governance Bill [HL]

Debate between Lord Pannick and Baroness Taylor of Bolton

Report stage
Monday 17th March 2025 Lords Chamber

[Baroness Taylor of Bolton (Lab)]

My Lords, I want to say a few words, because the whole House acknowledges that the noble Lord, Lord Birt, is trying to be constructive here. He, with his colleagues, has produced some incredibly detailed amendments, and that is partly what concerns me. I am not saying that there is no merit in his approach, but I think that some of the conditions are potentially overburdensome.

Will the Minister remind the House of the purpose behind the backstop? As I understand it, the backstop was there to encourage parties to come together, discuss the situation and try to reach agreement. That is so important, because we have had the absence of agreement in recent years because, I think, of the stubbornness of one party.

I therefore worry that the amendments from the noble Lord, Lord Birt, and his colleagues are overprescriptive. He mentioned several of the problems that exist in football today, such as the level and unsustainability of players’ wages and the need for stadium improvements. All are relevant and important to those of us who are concerned about the future of football but, if we are going to be prescriptive about what comes in at that last stage, we may get into difficulties. I hope that the “state of the game” report, which he mentioned and which is extremely important going forward, will deal with some of these issues.

I would like to agree with the noble Lord that all of football is two sides of the same family, but I am not sure that that has been the experience of the last few years in the negotiations between the Premier League and the EFL. It certainly is not a balanced debate or discussion in terms of their powers. I understand the noble Lord’s wish to have levels of arbitration, but we must be careful not to cause delays or take the pressure off parties to come to an agreement between themselves.

[Lord Pannick (CB)]

My Lords, I added my name to my noble friend Lord Birt’s series of amendments and thank him for the time and effort that he has devoted to producing them. I also thank the Minister, the Bill team and the Secretary of State herself for the amount of time that they have devoted to discussions with me and many other noble Lords on this complex topic of the distribution of revenue and the resolution process.

I entirely support what has been said today by my noble friends Lord Birt and Lord Burns and by my noble and learned friend Lord Thomas: a formidable forward line—the Pelé, Messi and Bobby Charlton of this debate. I will add a response to the concerns that some noble Lords and perhaps the Minister have about these amendments, which have been expressed by the noble Baroness, Lady Taylor, and are in the briefing to noble Lords from the EFL. There are two main concerns that need to be addressed.

First, there is a concern that we have agreed that the Bill is to be light-touch regulation when we have a complex series of amendments here—and they are complex. My response is that the distribution of revenue and the resolution process are complex matters. We are addressing the distribution of millions of pounds, which is vital to the financial stability of clubs outside the Premier League, and this money is to be extracted from Premier League clubs. The mechanisms for that process have to be effective and fair. They need to set out how this is to occur in detail and by reference to what substantive principles. As has been said, with all due respect to those who drafted this Bill, the current provisions lack proper detail on evidential basis and procedures that are adequate to ensure a fair result, and they do not contain the substantive criteria that are required. Yes, we could regulate this important matter in a much simpler manner, but the detail is absolutely vital in this context to ensure efficacy and fairness.

The second criticism that has been made is that expressed by the EFL in its briefing document. The EFL is worried that the Birt amendments will result in an invasion of lawyers—as they put it, “in particular, expensive lawyers”, God forbid—who will be briefed by the Premier League. The EFL says that it will not be able to compete. As the EFL has expressed this concern, it needs to be addressed in this debate.

Football Governance Bill [HL]

Debate between Lord Pannick and Baroness Taylor of Bolton

Report stage
Tuesday 11th March 2025 Lords Chamber

[Baroness Taylor of Bolton (Lab)]

My Lords, we have spent some seven days discussing the detail of the Bill, and I think this is probably the first time I can rise and say that I actually agree with the noble Baroness, Lady Brady. It is true that football has the power to do an awful lot of good. Many clubs—not just West Ham —actually do an awful lot of good in their community. The Minister has tabled Amendment 32, and my noble friend Lord Bassam and I have added our names to it, because this is one of the issues that we have discussed with the Minister and have mentioned in this House.

I will resist the temptation to talk about the good work that Bolton Wanderers does in the community. Suffice it to say that it is one of the few clubs that has actually got a chair who not only talks about helping the community but actually involves herself in the overnight sleep-outs for charity and other such activities. It is a mark of the level of commitment that many of the people who run football clubs have towards their communities and it is something that we should appreciate.

There is sometimes an accusation of sportswashing when clubs make big gestures, but an awful lot of direct involvement with communities can make a difference. In this context, it is particularly important in terms of men’s mental health, because many football groups are reaching people who would not be reached in any other way.

Therefore, I am very grateful to the Minister for the time that she has taken to talk to all of us about these issues, and for the amendment she has tabled, which I am very happy to support.

[Lord Pannick (CB)]

My Lords, I commend Bolton Wanderers and West Ham on what they do in and for their local communities. There are many other clubs which do likewise—I know about Arsenal and Manchester City.

I too very much welcome government Amendment 32. I understand why the noble Lord, Lord Addington, says what he says. I respectfully suggest that his amendments are overregulation, which we all wish to avoid in this Bill. Government Amendment 32 suffices.