Football Governance Bill [HL]

Baroness Jones of Moulsecoomb Excerpts

Report stage
Tuesday 11th March 2025 Lords Chamber

Moved by

[Baroness Jones of Moulsecoomb]

12: Clause 6, page 5, line 14, at end insert—
“(d) to monitor and promote the reduction of English football’s climate and environmental impacts (referred to in this Act as “the environmental objective”).”Member’s explanatory statement
This amendment would add climate and environment impact reduction to the IFR’s objectives.

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I will not move Amendment 12 but I will speak to Amendment 13. Is that all right?

[The Deputy Speaker (Baroness Pitkeathley) (Lab)]

You would need to say “not moved” to Amendment 12, but if you speak to it now you can then move it.

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[Baroness Jones of Moulsecoomb (GP)]

Thank you very much.

Amendment 13 is quite an important amendment for me, because a noble Lord challenged me earlier, saying, “Surely you’re not going to bother to push this to a vote; otherwise, it could be in every Bill”. Well, yes, of course: as a Green, I would like an awareness of the Climate Change Act to be inherent in every Bill. Unfortunately, it is not at the moment. That is why this amendment is so important.

I am a football fan. Despite being a Green and despite all its flaws, I absolutely love football. I am well aware of the power that football clubs have over their fan base and their sphere of influence into wider society. We all know now that we have to limit our impact on the planet, that we need to use less plastic and that everything can be polluted by plastic—our own lungs, the sea, absolutely everything. Some clubs are trying very hard, but many, many fail.

Amendment 13 tries in particular to acknowledge the link between environmental and financial sustainability and the urgent need for the games regulator to be empowered to drive greener practices. The idea that the independent football regulator’s remit should include consideration for environmental sustainability is backed by Pledgeball and fellow sport and sustainability organisations Sports for Climate Action and Nature at Loughborough University, the Cool Down Sport for Climate Action Network, and the Football and Climate Change Newsletter.

In 2021, in response to a number of high-profile crises that had arisen in the sport, there was the fan-led review, which has been discussed already, chaired by the former Sports Minister, Tracey Crouch. Many of the review’s 10 findings focused on financial stability at the clubs, fan input, equality, inclusion, diversity and welfare, but it is also crucial that a focus on environmental standards and sustainability is part of the regulator’s remit.

In Committee, Ministers resisted amendments about environmental sustainability on the basis that such measures would put a burden and cost on the regulator and on the clubs. Ministers also argued that voluntary sustainability efforts by clubs and leagues were, and would continue to be, sufficient. However, although some clubs are doing commendable work in this area, progress is inconsistent, erratic and lacks enforcement. Without regulation, football will have fragmented, inadequate responses to climate threats.

It has been predicted that, at the current rate of climate change, one in five English clubs could be at high or very high risk of flooding by 2050. The average grass-roots pitch already loses around five weeks of play every season due to adverse weather. Approximately 120,000 fixtures are called off each year due to unplayable conditions of various kinds.

Additionally, government policy already links financial stability to climate risk. The Bank of England’s Financial Policy Committee is required to consider climate risks in its financial stability assessments. Defra has also asked several major UK regulators, including Ofcom, to submit a report on how climate risks are affecting the sector. Football should be no different.

My Amendment 13 would ensure that clubs comply with the Climate Change Act 2008 to secure the long-term environmental sustainability of English football. I simply feel that this is too important to leave, so I will move it later.

[Baroness Brady (Con)]

My Lords, my Amendment 25 seeks to address a key issue: how the new regulator will operate in practice and the transparency with which it will exercise its powers. But first, I welcome the Government’s decision to adjust the frequency of the Secretary of State’s statement on football governance from every three years to every five. This sensible change now aligns the timing of various key processes across the Bill, ensuring consistency, clarity and practical efficiency. I thank the Minister for listening to the points raised in Committee and responding positively with her amendment.

On guidance and consultation and my amendment, the Bill currently requires guidance only for discretionary licence conditions, leaving many critical regulatory functions without similar obligations. I want to briefly highlight three key areas where greater clarity is essential and guidance should, in my view, be mandatory.

First, financial sustainability is the regulator’s primary purpose, yet there is no obligation for the regulator to define how it will assess soundness or resilience through guidance. Clubs making long-term investment decisions deserve clarity on how these will be evaluated. Can the Minister please confirm that the regulator will define these incredibly important terms, which influence the overall approach the regulator takes and therefore what regulated parties should expect, in the “state of the game” report?

Secondly, the owners’ and directors’ test—vital for responsible investment—lacks detail in the legislation itself. Without requirements to consult clubs and existing and potential investors on its design, we risk creating unnecessary uncertainty. There is a requirement to consult on the definition of “significant influence or control” within the ownership rules, but no consultation requirements for the test itself.

Thirdly, the backstop power over financial distributions could fundamentally alter football’s economics, yet the regulator need not explain its approach or methodology ahead of a determination. For a mechanism with such profound implications, this seems to represent an obvious gap in procedural and legal safeguards. This uncertainty around guidance could create practical problems. The Premier League’s broadcast deal runs to 2030. Clubs like mine are making infrastructure decisions spanning similar timeframes or even longer.

How can responsible planning occur without regulatory clarity? Surely mandatory guidance across a whole range of areas in this Bill would be conducive to generating greater clarity and regulatory certainty. These amendments would require the regulator to provide guidance across all functions and to consult appropriately. I am not seeking to constrain the regulator’s authority, just to ensure that powers are exercised transparently and coherently. If, as the Minister assures us, this will be a collaborative regulator, I ask her to commit to embedding that principle more comprehensively in the legislation itself.

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I thank the noble Lords, Lord Moynihan, Lord Markham and Lord Parkinson of Whitley Bay, as well as the members of the Delegated Powers and Regulatory Reform Committee, for their engagement on Clause 92. The original intention of this was to allow the regulator’s regime to keep pace with any future changes to the structure and definition of seasons in the industry. However, we have recognised the concerns regarding the delegated power and are content that the risk of the definition in the Bill becoming outdated is low. That is why we have tabled an amendment removing this delegated power. I hope this will satisfy noble Lords’ concerns on these issues. I commend Amendments 24 and 87.

[Baroness Jones of Moulsecoomb (GP)]

I thank all noble Lords who have spoken in the debate, particularly my co-signees: the very holy right reverend Prelate the Bishop of Sheffield and the very brave—and possibly slightly less holy—noble Lord, Lord Gascoigne. Their speeches were short, powerful and to the point, which I think the whole House appreciated.

I say to the noble Lord, Lord Bassam, that calling my amendment well intentioned was probably the nicest thing he has ever said about a Green Party person, so I am going to bank that. However, he is completely wrong, because acknowledging a commitment—which is what he said various organisations do—is not the same as actually doing it. So I would argue that this amendment is absolutely relevant. Subscribing to statements—which was another phrase the noble Lord used—does not mean doing it; I want clubs to do it. Therefore, the noble Lord, Lord Pannick, is totally wrong; this is not otiose or unnecessary. In fact, we added this very provision to the Water (Special Measures) Act 2025—in Section 10. If it was relevant then, it is relevant now.

The noble Lord, Lord Parkinson, was very kind in saying that the Opposition would not oppose this amendment. I am touched by the Opposition’s kindness towards me. Turning to the noble Lord, Lord Addington, I was told that the Liberal Democrats are abstaining on this, which I found quite shocking. That seems an abnegation of their concern about this issue, and I am very disappointed.

The Minister offered such kind words about my amendment, even though she said no. When she said that this Government have a complete commitment to environmental obligations, I know she was incredibly sincere. However, our views on how the Government are dealing with the environment probably differ slightly. I realise that is partly because I could be called a rabid green—I want green stuff in absolutely everything—but at the same time I think I am right, and the Government are wrong. My amendment would make it easier for clubs to do the right thing for their fans and for wider society. So we need this amendment in the Bill.

[The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)]

What does the noble Baroness wish to do with Amendment 12?

[Baroness Jones of Moulsecoomb (GP)]

Not moved.

[The Deputy Speaker (Baroness McIntosh of Hudnall) (Lab)]

The amendment was moved. Does the noble Baroness wish to withdraw it?

[Noble Lords]

Withdraw.

[Baroness Jones of Moulsecoomb (GP)]

Yes, withdraw.

Amendment 12 withdrawn.

--- Later in debate ---

Moved by

[Baroness Jones of Moulsecoomb]

13: Clause 7, page 5, line 19, at end insert—
“(c) is compatible with the Climate Change Act 2008 and secures the long-term environmental sustainability of English football.”

[Baroness Jones of Moulsecoomb (GP)]

My Lords, I thank the chorus behind me for telling me what to do. I would like to test the opinion of the House.