Football Governance Bill [ Lords ] (Ninth sitting)

Clive Betts Excerpts

Committee stage
Tuesday 17th June 2025 Public Bill Committees

[Stephanie Peacock]

Clause 57 sets out a basic set of conditions that must be met for a league to be allowed to apply to the regulator and request that the backstop be triggered. The regulator cannot unilaterally trigger the backstop process; it must receive an application from one of the leagues under clause 57. This clause sets out that a regulated league can apply to trigger the process if there are unresolved issues between it and another league in relation to the distribution of relevant revenue. We discussed the definition of relevant revenue when we debated clause 56.

For a league to apply to trigger the backstop, at least one of the four conditions outlined in clause 57 must be met. Those four conditions are as follows: no distribution agreement is in place between the relevant leagues; there has been a material reduction in the amount of relevant revenue received by a relevant league since the last distribution agreement was reached; there has been a material change in circumstances in relation to the relevant revenue received by one or both relevant leagues since the last distribution agreement was reached; and at least five years have passed since the last distribution agreement between the relevant leagues came into force.

Each of the conditions is designed to mitigate a specific risk to the sustainability of the pyramid. Those are a complete absence of any distribution deal; a reduction in distributed revenue; a significant change in the circumstances surrounding distributions; and an old deal no longer fit for purpose but unable to be refreshed because the industry cannot agree. The conditions set an appropriate framework for when a league can apply to trigger the process. They help to avoid vexatious applications or fishing expeditions when a perfectly good, up-to-date industry deal is already in place. That is why clause 57 should stand part of the Bill.

Clause 58 specifies procedural steps and requirements. The applicant league has to comply with those for its application to trigger the backstop to be valid. Before making an application, the league must first notify the other relevant league and the regulator of its intention. That prevents either league from being blindsided by the process being triggered. The notice must list the issues in dispute, explain why one of the relevant conditions in clause 57 is met, and invite representations from the other specified competition organiser. That act, in and of itself, may help to trigger useful discussion between the leagues, as clearly outlining the issues preventing an agreement from moving forward will bring the leagues closer to compromise. After the other relevant league has had a chance to make any representations, the applicant league may apply to the regulator to trigger the process. It must include the other league’s representations with its application. That ensures that the regulator has the information that it needs from both leagues, so that it can make a considered decision on whether to trigger the backstop. The exchange of representations is also an early opportunity for the leagues to come to an agreement themselves, before the process is triggered. Ultimately, this clause is about creating transparency and promoting dialogue, which sets the tone for the rest of the backstop process.

Clauses 57 and 58 together outline the requirements that must be met for a league to apply to trigger the backstop process. The requirements in clauses 57 and 58 are just the first hurdle that a league has to clear in order for the regulator to consider its application. In order to actually trigger the backstop the regulator then has to assess whether the application meets certain legal tests set out in clause 59, which we will discuss further in a later group. I beg to move that clauses 57 and 58 stand part of the Bill.

Question put and agreed to.

Clause 57, as amended, accordingly ordered to stand part of the Bill.

Clause 58

Applications under section 57: procedural and other requirements

Amendments made: 30, in clause 58, page 48, line 7, at end insert—

“(za) set out details of the question or questions for resolution mentioned in section 57(1) to which it is intended the application will relate,”

This amendment provides that a notification under clause 59(1)(a) must set out details of the question or questions for resolution to which it is intended the application will relate.

Amendment 31, in clause 58, page 48, line 8, leave out “the application relates” and insert “that question relates or those questions relate”.

This amendment provides that a notification under clause 59(1)(a) must specify the qualifying football season or season to which the question or questions for resolution relate.

Amendment 32, in clause 58, page 48, line 12, leave out paragraph (c)

This amendment is consequential on Amendment 30.

Amendment 33, in clause 58, page 48, line 22, at end insert—

“(za) set out details of the question or questions for resolution mentioned in section 57(1) to which the application relates,”

This amendment provides that an application under clause 57 must set out details of the question or questions for resolution to which the application relates.

Amendment 34, in clause 58, page 48, line 23, leave out “the application relates” and insert “that question relates or those questions relate”.

This amendment provides that the application under clause 57 must specify the qualifying football season or season to which the question or questions for resolution relate.

Amendment 35, in clause 58, page 48, line 27, leave out paragraph (c)—(Stephanie Peacock.)

This amendment is consequential on Amendment 33.

Clause 58, as amended, accordingly ordered to stand part of the Bill.

Clause 59

Decisions by the IFR on applications under section 57

Amendments made: 36, in clause 59, page 48, line 33, leave out “the qualifying football season or seasons” and insert “one or more of the questions for resolution”.

This amendment provides that the IFR must decide whether the resolution process should be triggered in relation to one or more of the questions for resolution to which the application under clause 57 relates.

Amendment 37, in clause 59, page 48, line 33, after “relates” insert “(or a modified version of one or more of those questions)”.

This amendment provides that the IFR may decide that the resolution process should be triggered in relation to a modified version of one or more of the questions for resolution set out in the application under clause 57.

Amendment 38, in clause 59, page 48, line 36, leave out “qualifying football season” and insert “question or questions for resolution”.

This amendment provides that the IFR must be satisfied that the conditions in clause 59(2) are met before deciding to trigger the process in relation to a question or questions for resolution.

Amendment 39, in clause 59, page 48, line 38, leave out “that season” and insert “each season to which the question relates or the questions relate”.

This amendment is consequential on Amendment 38.

Amendment 40, in clause 59, page 48, line 41, after “triggered” insert “in relation to the question or questions for resolution”. —(Stephanie Peacock.)

This amendment is consequential on Amendment 38.

[Mr Clive Betts (Sheffield South East) (Lab)]

I beg to move amendment 93, in clause 59, page 49, line 1, after “(c)” insert

“has exercised any of the IFR’s other functions under this Act in order to resolve the question or questions for resolution and such question or questions remain unresolved, or”.

It is a pleasure to be here with you in the Chair, Sir Jeremy. I will pass this over to the Minister. This is just an attempt to slightly clarify and strengthen the role of the regulator and the point of intervention. It would be helpful to see how this fits in with the way that the Minister has reconfigured the clause with her amendments.

[Stephanie Peacock]

I thank my hon. Friend for his amendment. We will discuss clause 59 in more detail in the next group. It sets out the tests that must be met for the regulator to justify accepting a league application so that it can then trigger the backstop. The amendment adds to clause 59 to give the regulator an additional basis on which to justify triggering. It could accept an application to trigger the backstop if it has tried and failed to resolve the disputed distribution issues using its other regulatory functions. I want to reassure my hon. Friend that the amendment is not necessary. Clause 59 already allows the regulator to accept an application to trigger if it considers that its other functions would not be able to resolve the disputed issues in a reasonable timeframe. That appropriately covers the scenario set out in my hon. Friend’s amendment.

If the regulator has already tried and failed to resolve a distribution issue using its other functions, that would be a reasonable basis for it to conclude that its other functions were not up to task. The existing test in clause 59 could then be met and an application trigger at the backstop could be accepted. It is important to clarify once again that the regulator would not be triggering the process itself. This is simply a clarification regarding a situation in which an application was submitted and the regulator had tried and failed to resolve the issue outlined previously using its other powers. In this situation the regulator would still have the discretion as to whether or not it triggered the process based on whether the application met the other high threshold. I hope this provides some reassurance. We will discuss this a little further in the next group.

[Mr Betts]

We are off to a good start this morning. I am 100% convinced that the Bill already does what I was seeking it to do. I hope we are 100% convinced on the other issues that we debate later on. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Amendments made: 41, in clause 59, page 49, line 4, after “triggered” insert “in relation to one or more of the questions for resolution”.

This amendment is consequential on Amendment 38.

Amendment 42, in clause 59, page 49, line 10, at end insert—

“(4A) Where the IFR is minded that the resolution process should be triggered, the IFR must consult the Football Association on the question or questions for resolution in relation to which it is minded to trigger the process.”

This amendment requires the IFR to consult the Football Association on the question or questions for resolution in relation to which it is minded to trigger the process.

Amendment 43, in clause 59, page 49, line 15, at end insert—

“(zi) the question or questions for resolution in relation to which the IFR is triggering the resolution process,”

This amendment provides that the notice under clause 59(5) must set out the question or questions for resolution in relation to which the IFR is triggering the resolution process.

Amendment 44, in clause 59, page 49, line 16, leave out “the resolution process relates” and insert “that question relates or those questions relate”.

This amendment provides that the notice under clause 59(5) must set out the qualifying football season or seasons to which the question or questions for resolution relate.

Amendment 45, in clause 59, page 49, line 18, leave out sub-paragraph (ii)

This amendment is consequential on Amendment 43.

Amendment 46, in clause 59, page 49, line 18, at end insert—

“(iia) how the IFR has taken account of any representations, copies of which accompanied the application under section 57 by virtue of section 58(5)(d), in setting out that question or those questions, and”

This amendment requires the IFR to set out in a notice under clause 59(5)(b) how it has taken account of any representations when setting out the question or questions in relation to which it is triggering the resolution process.

Amendment 47, in clause 59, page 49, line 20, leave out “the question or questions for resolution” and insert “that question or those questions”

This amendment is consequential on Amendment 43.

Amendment 48, in clause 59, page 49, line 21, at end insert—

“(5A) Where any of the questions for resolution set out in the notice differ from those to which the application made under section 57 relates, the notice must set out the extent of, and reasons for, those differences.”—(Stephanie Peacock.)

This amendment requires the IFR to set out the extent of, and reasons for, any differences between the question or questions for resolution set out in a notice under clause 59(5)(b)(ii) and the question or questions for resolution set out in an application under clause 57.

Question proposed, That the clause stand part of the Bill.

[Stephanie Peacock]

As we discussed on clauses 57 and 58, the backstop can be triggered only in response to an application by a league. Clause 59 sets out how the regulator will assess an application to trigger, how it will decide whether to trigger at all and how it will determine exactly which issues need to be resolved under the backstop. The backstop has been carefully designed to deliver the right outcomes with minimal regulatory involvement. As part of this, it has been designed to be used as a last resort. That is why this clause introduces high statutory thresholds that must be met in order for the backstop to be triggered.

In particular, the clause sets out that the regulator must have reasonable grounds to suspect that its ability to advance at least one of its objectives would be jeopardised if the backstop were not triggered. The regulator must also consider whether other regulatory tools could be utilised to resolve the issues instead. The regulator must be satisfied that at least one of the conditions in clause 57—which we have already discussed —is met.

--- Later in debate ---

[Stephanie Peacock]

Once the backstop is triggered, clause 60 requires the leagues to enter mandatory mediation as a first stage. As we have made clear, the Government’s strong preference is for a football-led solution to the financial distribution issues. I welcome the shadow Minister’s comments along those lines.

A mediation stage gives the relevant leagues an opportunity to reach an agreement with minimal intervention from the regulator. The stage is designed to facilitate meaningful negotiation and compromise between the parties. To this end, it encourages the leagues to appoint a mutually agreed mediator, but if they cannot, it ensures the regulator will appoint someone with the appropriate skills and experience.

The leagues can end the mediation process for multiple reasons. Most notably, the mediation—and the process as a whole—will end if an agreement is reached. However, the mediator can also end the process if it is not producing meaningful, good faith negotiations. The process can also end if it reaches the 28-day deadline. If the leagues are engaging in meaningful discussion but the deadline is reached, the mediator can extend the process by up to another 28 days.

We believe that process is flexible enough to encourage negotiation but concrete enough to ensure the backstop remains an effective regulatory intervention. I commend the clause to the Committee.

Question put and agreed to.

Clause 60, as amended, accordingly ordered to stand part of the Bill. 

Clause 61

Final proposal stage

[Mr Betts]

I beg to move amendment 3, in clause 61, page 50, line 40, leave out

“require any final proposal to be accompanied by supporting evidence”

and insert

“require any final proposal to—

(i) be accompanied by supporting evidence;

(ii) be consistent with the resolution of any relevant issues identified in the Regulator's most recently published State of the Game report;

(iii) give effect to the views of any relevant specified competition organiser which has not been invited pursuant to clause 61(4)(c) to submit to the committee a final proposal; and

(iv) advance the Regulator's objectives in section 6, consistent with its general duties and Regulatory principles in sections 7 and 8.”

This amendment would set additional requirements to accompany any final proposal for the resolution process.

This is quite an important issue, because it concerns the principle and basis on which the regulator comes to a decision. My amendment simply sets out certain things that the regulator must have regard to and take into account when making that decision.

First, there should be supporting evidence—that seems straightforward. Secondly, and importantly, we ought to keep anchoring what the regulator does back to the essence of this proposed legislation and the regulator’s purpose. Clause 6 very clearly sets out the regulator’s objectives of promoting the financial soundness of regulated clubs and the financial resilience of English football, and I think we can all agree that that is what the regulator should be doing and seeking to achieve.

Surely, therefore, when we are talking about the detail of how the regulator reaches a final decision on the backstop, we ought to be absolutely clear that it must have foremost in its mind those initial objectives. Otherwise, what is the point of the regulator and its objectives? Why are we in this Committee if not to address the financial soundness of clubs and English football as a whole?

My amendment mentions considering the views of others who may not be formal parts of the backstop mediation process. It provides that the regulator would not have to listen to them, but could

“give effect to the views”

of the Football Supporters’ Association, the Professional Footballers’ Association or others who may have views. Those groups would not determine what the regulator decides to do, but surely the regulator has to take account of their views.

I hope that the Minister gives serious consideration to at least making sure that, when reaching that final and absolutely crucial decision on financial distribution, the regulator’s aim should be to deal with the problems of the financial soundness of clubs and the overall financial soundness and wellbeing of English football.

[Stephanie Peacock]

I thank my hon. Friend for his amendment. Although we are still keen for an industry deal on distributions, part of getting it right is ensuring that the regulator is best placed to act if needed. As the Government amendments that we are due to debate in the next two groups show, we have reflected on many of the same points. We think it is right that any distribution order shows how it aligns with the findings of the state of the game report and with the regulator’s objectives and duties, including the duty to have regard to its regulatory principles.

That is why Government new clauses 3 and 4, which amend the final stages of the backstop, already address these issues. We will discuss the new clauses in more detail shortly, but they clearly require that the regulator sets out any relevant findings from the state of the game report and that any league proposals include evidence about how they address those findings. They will also require that any order the regulator makes addresses the state of the game findings, and they highlight the importance of the regulator’s objectives and its general duties, including the regulatory principles.

I also make clear again that, after we set out the competitions in scope of the regime, the regulator’s objectives, namely to protect and promote the heritage and financial resilience and soundness of English football, will apply to the top five divisions of English men’s football. When creating a distributions order between any two leagues, the regulator must have due regard for the wider impact the order may have on all the clubs and leagues it regulates. The regulator must make an evidence-based decision that takes into account all relevant considerations, and its final decision must advance its objectives.

It is also important to clarify that, while the order will be limited in scope to the questions set out when the process is triggered, it will not be without context. Given the important role a satisfactory distributions order will play in the future of the entire sport, the regulator will need to come to a solution that works for all of football.

For those reasons, I cannot accept my hon. Friend’s amendment, but I hope that his concerns will be appropriately addressed by the Government amendments that we will debate shortly.

[Mr Betts]

I am pleased to see that the Minister actually read my amendment and formulated her new clauses accordingly. What she says is reassuring. As she just said, there is no point in the regulator doing a state of the game report unless it has regard to it when coming to a view about financial distribution. That is absolutely clear from what the Minister has said, and that is what the regulator must do. On the basis of those assurances, I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

[The Chair]

With this it will be convenient to debate Government new clause 3.

--- Later in debate ---

[Mr French]

I understand the hon. Gentleman’s point; I will move on slightly while he seeks his tie and then come back to his question.

We believe that such mechanisms should fall outside the regulator’s remit unless or until the parties themselves choose to make it part of a proposed solution. We believe that is a reasonable balance: it respects the autonomy of leagues, avoids placing English football at odds with UEFA compliance and helps ensure that the regulator remains focused on its core mission of financial sustainability and integrity, not financial redistribution imposed by decree.

[Mr Betts]

On the issue of parachute payments, as the Minister will recall we had this debate in the equivalent Committee in the last Parliament. It is absolutely fundamental. Let us go back to the objectives of the regulator, which include:

“to protect and promote the financial soundness of regulated clubs…and…of English football.”

How can it be sound that over 90% of the funds in English football go to the top 25 clubs, and that, of the money that the Premier League gives out, 80% goes to those clubs on parachute payments? There is a problem, is there not?

[Mr French]

I understand the hon. Gentleman’s point, but we do not believe that it necessarily applies to what the amendment seeks to do: to allow the leagues to resolve such issues themselves, rather than the regulator. That is what we are talking about here.

[Mr Betts]

This is the point that we got to before. If the leagues cannot resolve it—and they have not been able to over many years—is the hon. Gentleman just content to let the status quo remain?

[Mr French]

As I was explaining, our preference would be for the leagues to use their autonomy to reach a conclusion. I understand the hon. Gentleman’s frustration, but I will move on.

Building on this, there remains a broader point that we have sought to create through a number of amendments to the Bill, and one that we fear the Government consistently leave the door open to—the likely empire-building of the Government’s regulator. We know that UEFA is concerned about the potential for scope creep, as is the FA in the letter referenced earlier. If this Government’s regulator expands into broader aspects of football governance, it could undermine established structures and processes of the sport. The inclusion of parachute payments in this clause, and the inflexible process in subsection (1)(c), are classic examples of the very scope creep that other regulators fear.

The clause, as it stands, is not just a domestic issue; it is a risk to England’s standing within European football, as we have said before. The Government must remember what the Bill is supposed to do. It is about ensuring that clubs are run sustainably, that fans are respected and that football’s heritage is protected. It is not about the Government’s imposing financial structures or about overriding the autonomy of leagues. It is certainly not about placing us on a collision course with UEFA and FIFA.

UEFA has made clear the potential compliance risks from the Bill, and it has warned of the ultimate sanction: exclusion from UEFA competition. Are this Government and this Minister truly prepared to jeopardise English clubs’ participation in Europe? Is the Minister so confident in her regulatory model that she is prepared to put English football on a different legal footing from that of every other UEFA member, and have English football cast out from international football? I hope not—the clubs will also hope not and the fans will not forgive it, if that were to happen.

Clause 62 is the most interventionist part of the Bill. If we are to retain it, we must amend it by removing subsection (1)(c) to allow the expert panel to act with realism and discretion. We must remove subsection (3) to ensure that parachute payments and, by extension, football’s autonomy remain protected. These are not wrecking amendments but safeguards. They ensure that the Bill delivers what it promises: a sustainable and respected football regulator without overreach, scope creep or crossing the line into political interference. We believe that the Government must take the warnings seriously about the impact on international competition. As a Committee, let us ensure that this Government’s regulator supports the game, rather than risks its place on the international stage.

[Mr Betts]

I want to speak to amendment 141, which has been tabled in my name. To some extent, amendments 4 and 5 have been superseded, and I accept what the Minister said earlier about the arrangements in Government new clause 4 being a significant improvement on where we were before with the pendulum arrangements in the backstop. Also, they are a distinct improvement on where the last Government were, because they allow the regulator to look at parachute payments in a particular way. That is really helpful, because we cannot address the massive disparity of funding within football, and the cliff edge that exists between the Premier League and the Championship, without addressing the issue of parachute payments.

I want specifically to look at amendment 141, because it is about timing. I want to go through what I think is the time period that we will now move towards. If the Minister thinks that I am wrong, it would be helpful if she would explain that to me. Hopefully, if we get the Bill through before the parliamentary recess, and it comes into effect fairly quickly, the regulator can begin work next season. I hope that is the intention. In the first season, 2026-27, it is probable that the regulator will be bedding in—having discussions, getting arrangements with clubs, and trying to work towards the beginnings of the licensing system. I am speculating because we do not absolutely know, but it seems to me that is the sort of way we will go.

The regulator will also be starting to work on the state of the game report; hopefully, therefore, the regulator might have it by the end of 2026. Perhaps we could do it a bit quicker—we have encouraged the Minister to make it 12 months rather than 18. But assuming that the report takes 18 months, it will appear towards the end of 2026. When is the regulator likely to be in a position to implement a backstop, if that is deemed necessary? The regulator will be having discussions in the meantime, hopefully trying to encourage the leagues to reach an agreement. Best of luck with that! If the regulator does that in a year when previously it has failed over many years, it will have done a fantastic job and I am sure we will congratulate it. But if there is not an agreement, we will get to the backstop probably at the beginning of the 2027 season at the earliest.

The problem is that because of how “relevant period” is described in new clause 49, there will then be basically two years before the backstop kicks in. On that basis, this Parliament will not see any significant distribution of funding in English football. That will not come in until the 2029-30 season, after the end of this Parliament, because of the two-year gap between the regulator reaching a decision and then the backstop being implemented. Why, if we have gone all through this process?

We know what the problems are in the English football game. We know about the massive disparities of income and about the concentration of money not merely in the Premier League but in the parachuted clubs as well. The regulator has a responsibility to address the soundness and stability of English football and of clubs within English football. We know that the Championship clubs are massively overburdened with debt, as they all try desperately to compete to get into the Premier League. If all that is the problem, and the regulator is bound to address it, does address it, and decides the leagues have not resolved it so comes to implement a backstop, why then do we sit back and wait for two years for the backstop to be implemented? That is the issue. Having failed to stop the regulator and the inclusion of backstops within their remit, it almost seems as if the Premier League has decided, “Well, at least we can stop any of this happening in this Parliament in the hope that after the election another Government will come in and save us.” It is almost as though that is what it is trying to do.

I say to the Minister, kindly and carefully: have a think about this. There is an awful lot of concern—not just in the English Football League, but among colleagues. Clubs throughout the EFL have been speaking to their local MPs and saying, “We know what the problems are. We are electing you to Parliament to resolve those problems, and you committed to do that in your manifesto. Yet with this timescale, the likelihood is that by the time you get to the end of this Parliament you won’t have solved the problem. You won’t even have put anything in place to do so.”

At the end of this Parliament, I would like the Minister to be saying, “I am the Sports Minister who has substantially helped resolve the appalling distribution of finances in English football, which cripples our game and means that clubs are exposed to enormous cliff edges that put them unnecessarily into debt, and which leads to bad practice among owners.” There are many things to stop bad practice, but we could help by resolving the issue now and agreeing on something: not how the regulator should do its job, but that once the regulator has done the job it is at least allowed to implement within a timely period.

I hope the Minister will seriously consider amendment 141 and listen to other colleagues who may want to discuss these issues as well.

[Max Wilkinson (Cheltenham) (LD)]

It is a pleasure to serve under your chairship, Sir Jeremy. I rise to speak in support of amendment 141. The hon. Member for Sheffield South East has made a compelling case for its necessity. The Bill has a clear purpose, and we believe it broadly does the job. That is why we support it. Changing the previous version to include the parachute payments within scope is the right thing to do for redistribution of funds from those who can afford it, down to the smaller and lower league clubs that really need the help. Those are the people the hon. Member for Sheffield South East referred to. Those of us who represent football league clubs are being asked to do the right thing—to back the regulator to ensure that there is financial sustainability in the lower divisions.

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[Stephanie Peacock]

I will discuss that in more detail in a moment, but I gently say to the hon. Member that it will not be a personal decision by the regulator; as we have discussed, the regulator will make a decision based on the findings of the state of the game report and will be guided by the regulatory principles. I do not want to get drawn into speculating whether they will or will not do that. We need the state of the game report to be done quickly, so that if the backstop is triggered, the regulator can consider the findings in the whole and make an informed decision.

On amendment 4, as the Government amendments show, the regulator will issue a notice that sets out the relevant findings of the state of the game report, which will need to be addressed by a distribution order, and the order must explain how it addresses those findings. We are absolutely aligned on the intention behind amendment 5. This exact change—to ensure that the regulator need not adopt league proposals wholesale but can instead design its own solution—is core to new clause 4.

Amendment 141, tabled by my hon. Friend the Member for Sheffield South East, seeks to shorten the transition period for parachute payments. While a timely distribution order is a priority, we must ensure that there are adequate protections for relegated clubs, to prevent a cliff edge. That is why the Bill guarantees that there can be no reduction at all in parachute payments, for an absolute minimum of one year from the end of the first season to which a distribution order applies. Shortening that period would give relegated clubs less time to plan financially, putting them at greater risk of financial trouble. That is, after all, the issue we are seeking to address through the legislation. I know that may not be the answer that my hon. Friend wants, but for those reasons I hope he will withdraw his amendments.

[Mr Betts]

I am still not quite sure how—given that all clubs now know that a regulator will be appointed, that the leagues and clubs know that financial distribution is at the heart of the Bill, and that a club can be promoted during the two-year period—any club can start preparing for that situation. At the beginning of that period, the club would not know whether it was going to get parachute payments, because it could be promoted and relegated in that period. I do not think the idea holds that two years gives certainty to clubs.

I am really worried about the idea of signalling, at this stage, that there will potentially be no change in financial distribution until the end of this Parliament. I do not know how far the Minister has thought that through, but if we want to encourage the Premier League and the EFL to sit down and reach an agreement—if that is the preferred way forward, and I think it is—surely the idea that the process can be extended by not reaching an agreement until beyond the next election is an incentive for the Premier League to do nothing. It is waiting for the pressure to come off, and the way to relieve it is simply to do nothing and hope that it goes away after the election.

Clearly, that pressure will go away if the Conservative party wins the election and implement a Bill with parachute payments not included in the regulator’s remit. That is what will happen. We were all elected to achieve change, and the change that most fans want to see is the addressing of the fundamental disparity within the English game that produces a cliff edge and all the problems in the Championship. We know how those problems need to be addressed: with the regulator’s powers in this excellent Bill. Why sit for two years after the regulator makes a decision and do nothing, when to give a year is fine?

The Minister has heard comments and concerns from hon. Friends today—Committee members who obviously have a great deal of interest in football in general and in their clubs in particular. Will she agree, as the hon. Member for Cheltenham asked, to take the matter away and give it further consideration? I do not want to push the Minister here and now on the words in my amendment, but I do want her to give an understanding that she recognises that there is a problem that needs to be addressed to satisfy her colleagues.

[Stephanie Peacock]

I assure my hon. Friend that I have thought about it carefully—that was a fair challenge. Indeed, when in opposition, I tabled an amendment to the previous Government’s Bill. I think we have very much strengthened the legislation by ensuring that parachute payments are in scope. We thought it odd to have a Bill on the financial sustainability of football without including them. That is why this Government have strengthened the Bill.

I completely acknowledge the strength of feeling on the matter. I say again that the regulator can consider it, but that does not necessarily mean that it will. It will need the evidence in the state of the game report. I appreciate and completely understand why hon. Members have shared examples from their own clubs, and are speculating on the impact of parachute payments, but that is not my role today. It is up to the state of the game report and the independent regulator to come to that decision, if the backstop is triggered.

[Mr Betts]

Would the Minister not therefore give the regulator a discretionary power to decide when it should be implemented, after either one year or two years? We will have a regulator who will be on top of the job and will have seen all the issues and evidence, in detail that we cannot see in Committee. Will the Minister consider giving flexibility and discretionary powers to the regulator?

[Stephanie Peacock]

No, I am afraid I am not in a position to do that. It is a one-year period from the end of the first season to where the order applies. We think that is a balance. It is obviously a challenging issue, with strong feelings, but formulating this part of the Bill is about striking a balance. We believe we have the right one, but I acknowledge my hon. Friend’s concerns.

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[The Chair]

We now come to the decisions on amendments 141 and 5. Does the hon. Member for Sheffield South East wish to pursue either of them?

[Mr Betts]

I am disappointed by the Minister’s response. She has generally been very helpful in trying to acknowledge concerns when they have been raised, and in agreeing to have a look at them. I will not press my amendments to a vote at this stage, but I will bring them back on Report.

The Minister is entirely reasonable and open-minded on these matters, and has engaged in discussion on all sorts of things, but I worry that a handful of clubs in the Premier League are determining what happens with distribution orders, which is disappointing. I will return to this issue in due course, because I do not think the Minister’s approach on this clause has been how she has approached the rest of the Bill. I am disappointed, but I will not press my amendments to a vote.

Clause 62 disagreed to.

Clause 63

Duration and revocation of distribution orders

Question proposed, That the clause stand part of the Bill.

[Stephanie Peacock]

It is important to build safeguards into the backstop process, and clause 63 outlines what happens if circumstances arise in which a distribution order made under clause 62 is no longer viable or necessary. To provide clarity to the leagues, any distribution order will need to specify when it comes into force and how long it is in force. In ordinary circumstances, an order will remain in force until the specified period ends, but clause 63 allows the regulator to revoke an order in exceptional circumstances. The regulator might choose to do that if there was an unexpected change to the broadcast market that meant an order was no longer fit for purpose. It is important that the Bill provides that flexibility to prevent a scenario in which an unsuitable arrangement is left to stand.

Similarly, the clause ensures that the regulator will revoke an order if a league subsequently strikes a distribution deal covering the same seasons as the order. That again demonstrates the Government’s commitment to prioritising and encouraging industry-led agreements wherever possible. Whenever the regulator revokes an order, it will need to notify the parties and set out the reasons for its decision, continuing the underlying commitment to transparency at every stage of the process. I urge that the clause stand part of the Bill.