Football Governance Bill (Sixth sitting)

Anna Firth Excerpts

Committee stage
Tuesday 21st May 2024 Public Bill Committees

Finally, I will address the criteria for considering an individual’s honesty, integrity, competence and financial soundness. On the whole, I believe these are comprehensive, covering everything from whether an individual has been involved in criminal conduct and disciplinary proceedings for the integrity test, to whether the individual has become bankrupt for the financial soundness test. The influence that the Financial Conduct Authority test of honesty, integrity and reputation has had on the respective criteria is also clear. Overall, I am pleased with the transparency and clarity that the clause provides in terms of how the tests might work in practice.

[Anna Firth (Southend West) (Con)]

Second time lucky, Ms Nokes! I am delighted to talk about this part of the Bill and the important owner and director test, and I want to support clause 37(3) and (4). The current Premier League and English Football League owners and directors test requires that any prospective owner must not have been subject to two or more bankruptcy events—so the current position is that someone could have been subject to one bankruptcy event, and in theory still own a football club. I am pleased to see that the clause removes any minimum number of events; obviously, that will place further emphasis on sustainable management and stewardship, and is much to be commended.

For context, I should say that Southend United Football Club in the National League has had 19 winding-up petitions in the last 25 years; the last one was last Wednesday. During the course of this Bill, the club was in court and was given a further six-week adjournment—hence my interest in making sure that no other clubs in future suffer the same fate as Southend United and its loyal fans.

[Rachel Hopkins (Luton South) (Lab)]

I want to carry on the debate about clause 37 and reflect on honesty and integrity as set out in subsection (3), on “matters relevant to determinations” of the “requisite honesty and integrity”, and subsection (3)(g), which talks about

“such other matters relating to honesty and integrity as may be specified”

by rules. I would be interested in a little clarity from the Minister about that. Some of the other prerequisites or matters to be considered, such as whether someone is financially sound, can involve hard evidence, and someone’s competence can be tested by qualifications; integrity, however, is a bit of a subjective matter. It is more about things that are not against the law but are certainly not in the spirit of the law, and it is often behavioural.

Does the Minister have any examples that he might want to see in those rules? Someone might have used poor employment practices, for example, as we have seen in other industries, some of which are regulated and some of which are not. The issue would not reach a tribunal so it would not be a piece of hard evidence, but it would bring into question why an owner or officers of a club, in a different business, deployed fire-and-rehire tactics, for example, that were detrimental to their workforce and local community. Similarly, in a positive sense, would there be any consideration of what high integrity might be: for example, owners and officers who championed equality and diversity—an issue that we have been speaking a lot about in this Bill? I would welcome the Minister’s comments.