Football Governance Bill [HL]

Debate between Lord Reay and Baroness Brady

Committee stage
Monday 9th December 2024 Lords Chamber

[Lord Reay (Con)]

My Lords, I wish to speak briefly to Amendment 249, laid down by the noble Lord, Lord Mann, and Amendment 156 from the noble Lord, Lord Bassam. Regrettably, I was not able to participate at Second Reading, for which I apologise. I declare an interest as an enthusiastic football fan and supporter of West Ham United since the days of Bobby Moore and Geoff Hurst—which dates me a bit.

Clause 20 of this Bill introduces corporate governance duties with regard to equality, diversity and inclusion. Amendment 249 from the noble Lord, Lord Mann, would create an additional duty on football clubs to produce an annual report detailing the club’s diversity and inclusion strategy. This sounds in theory like a good thing. The problem here is that the Football Association’s idea of diversity and inclusion seems to be to promote some forms of diversity while silencing—even excluding—others.

The current approach at the FA punishes and excludes one particular group: women who object to male inclusion in the women’s game. Noble Lords have previously spoken in this House about the 17 year-old girl who was disciplined and suspended for asking a male player on the pitch in a women’s game, “Are you a bloke—a male player in a women’s game?” She was suspended. That is not inclusion.

Amendment 156, in the name of the noble Lord, Lord Bassam, proposes that the corporate government statement must include a club’s plan to improve the diversity of season ticket holders, staff and senior managers. The FA’s investigations unit helped Newcastle United Football Club collect personal information about a lesbian fan which resulted in her suspension by the club from attending matches because someone at her club did not like her social media posts. This behaviour by the FA and the club is not inclusion.

Both examples show intolerance of what are called gender-critical views—that is, the ordinary scientific and common-sense understanding that there are two sexes, that human beings cannot change sex and that sex matters. Those are mainstream views and they are critical to ensuring fairness and safety in sport. People who hold and express them are protected against discrimination and harassment on the basis of belief by the Equality Act 2010, but the FA is punishing female players and fans for expressing these views.

Through its partnership with Stonewall, the FA has made its campaign one of intolerance, disallowing the expression of any views other than the mantra of “trans women are women”. When diversity and inclusion is defined by more tolerance, I shall welcome it. If we compel English football to pursue more of this so-called diversity and inclusion, it will be at the further expense of women and girls.

What is the solution? The solution is to stop talking in vague terms about diversity and inclusion and have the courage to talk about the groups who need to be included: women and girls, gay men and those who are disabled. Let us have less of the thought-policing and more genuine inclusion. Until we can do that, we must oppose the further imposition of vague diversity and inclusion requirements, because they are anything but inclusive.

[Baroness Brady (Con)]

My Lords, before I speak to Amendment 156 in particular, I want to address a point made by the noble Lord, Lord Blunkett. There have been 51 clubs in the Premier League since its inception, and there are no permanent members of the Premier League. The Premier League is responsible. It works in a way that looks after the entire pyramid, with its £1.6 billion voluntary redistribution, and it is that money that powers the entire Premier League.

I have spent 32 years—almost all my career—working in professional football across the Football League and the Premier League. My suggestions for amendments are, in a way, to assist the Government to make the Bill work better and avoid the unintended consequences that we all fear and keep warning about.

Amendment 156, tabled by the noble Lord, Lord Bassam of Brighton, concerns inclusion and diversity among season ticket holders in the corporate governance statement. I want to say at the outset that diversity is undoubtedly a critical issue in any industry, and football is no exception. Clubs across the pyramid should and do strive to be welcoming and inclusive spaces for all. However, with respect to the noble Lord, the amendment makes a profound and dangerous error. It proposes to involve the regulator in micromanaging some of the most fiercely prized and deeply personal relationships that football clubs hold: their connection with their season ticket holders.

Season ticket holders are the beating heart of football clubs. They are not just customers; they are custodians of the club’s heritage and identity. They represent generations of loyalty, support and community spirit. To suggest that the club should be required to actively manage and engineer the diversity of this group fundamentally misunderstands the organic and deeply embedded nature of these relationships. It risks turning something sacred and delicate into a crude tick-box exercise. For what purpose? To satisfy an external regulator’s misguided notion of progress. I cannot stress enough how risky that would be. It is yet another sign of the scope creep and dangers that lurk in the Bill.

I am not saying that football does not have a role to play in promoting diversity and inclusion—it absolutely does, and clubs up and down the country are already leading by example in the brilliant work that they do every day in this regard. But these initiatives arise from the clubs themselves, born out of genuine commitment and not fear of regulatory overreach. That is how to foster real, lasting change—not by imposing quotas or forcing clubs to meet arbitrary targets but by working with them to build on the good will and trust that they already share with their communities.