Football Governance

Damian Collins Excerpts

Wednesday 25th November 2020 Westminster Hall

[Damian Collins (Folkestone and Hythe) (Con)]

It is a pleasure to follow the hon. Member for Coventry South (Zarah Sultana), and the hon. Member for Eltham (Clive Efford), who I will call my hon. Friend from our time working on the Select Committee together.

It is 10 years since, as a newly elected Member of Parliament and a new member of the Digital, Culture, Media and Sport Committee, I attended a Westminster Hall debate on football governance in the wake of the financial collapse of a number of big clubs. The room was packed, and on the basis of the tenets discussed in the debate and the impassioned speeches given, the then Chair of the Select Committee, my right hon. Friend the Member for Maldon (Mr Whittingdale), initiated the inquiry into football governance that reported in 2011 and then again in 2013. During my time as Chair of the Select Committee, we looked at football governance in the context of player welfare in the case of Eni Aluko’s complaint against the Football Association. We also looked at the collapse of Bury football club just before the general election last year. The debate in this place has been running for many years, and remains unresolved.

We should be clear why we have this complaint about football governance and what it is that we are seeking to reform when we talk about improving the governance of the game. We want clubs to be financially sustainable because they are community assets. They temporarily belong to a businessman or an owner, but then someone else will acquire them. Most of the clubs have been going for more than 100 years; they have survived two world wars, the great depression and every crisis this country has faced in that time, and they have kept on going throughout, at the centre of their communities.

We want to ensure that fans have a voice in the way that their game is run. We want to ensure that player welfare is central to the administration of the game and that there are good systems of redress and complaints processes. One thing we learned from Eni Aluko’s case against the Football Association was that there were no proper processes for someone making a complaint of unfair treatment against the Football Association. We want to respect the fact that these are community assets. Their importance to the community goes far beyond putting on matches on match days. They are involved in all sorts of community support through player development, community welfare, adult education and training, and they are incredibly valuable to the communities they serve. That is what we are trying to preserve.

Why is the game is so badly run? It is because it is so fractured. We believe that the Football Association is the national governing body of the sport, but unlike in almost any other sport, in football the national governing body is not the financially dominant player in this country. In most sports, it is the national governing body and the revenue it gets from the England national team that provide the bulk of the revenue that that sport enjoys. In football however, it is the Premier League.

When we talk about the football family, as the Minister and the Secretary of State often do, it is from a belief that these are a community of interrelated clubs; they play competitions against each other but all ultimately sit under the Football Association, so they must be interlinked. In fact, they are not: the Premier League has its own set of rules, the Football League has its own set of rules, and the FA takes responsibility for the National League. They all have their own rules and procedures, and they are run in their own way.

The revenue from broadcasting is negotiated separately by the Premier League and the Football League—it was a bad decision that the Football League made many years ago to do that, but nevertheless, that is the case. Clubs in the Premier League, particularly in the lower part of the league, consider that they are competing against clubs in the Championship, particularly clubs that might get promoted and take their place. That is why it is so difficult to get a financial settlement for football from football during the covid crisis. Football does not behave like a family. Football behaves as different entities competing against each other.

In a typical season, a Premier League club will play under Premier League rules in the Premier League, under FA rules in the FA cup and under Football League rules in the League cup, and will probably also hold a UEFA licence in case it is in or wishes to qualify for UEFA competitions. All have their own different rules and procedures. No one is bringing it together and no one is ultimately responsible.

There are certain rules that are put in place to try to ensure that clubs are run sustainably, but whenever there is a crisis, we see how ineffective those rules are. The case of Bury football club and other clubs demonstrates that. If the clubs were made to trade within the rules of the league they play in, most clubs would not go bust. The fact is that they do not do that, because no one checks. There is no requirement to produce accounts in real time; the Football Association and the Football League do not have the ability to inspect and audit the clubs to ensure they are not overspending on salaries and that they are being run in a financially sustainable way. When there is a problem, there is no regulator to step in and say, “That club is being run in an unsustainable way, in breach of the rules, and we are going to intervene to put it back on track.” The club is allowed to be run in a bad way, often by a bad owner, until such point as it goes bust. The role of the league is to then make sure that if the club does not come out of administration, that club is suitably punished. In cases such as Bury football club, the first cry of the fans is always, “Why didn’t someone intervene earlier?” The fact is that there is no body that has the power and the authority to do that.

Many times people pray in aid an owners and directors test, to keep bad owners out of the game and out of clubs. The fact is that there is really no such test. That was demonstrated by Massimo Cellino, a convicted fraudster in Italy whose conviction was considered to be spent under UK company law. The Football League had no more right to stop him being a director of the club than they had to stop him being a director of any company under UK company law. There is no special test, but even if there were, the Football League does not have the resources to enforce it. In the case of Bury when it was in the Football League, the last owner took over the club without having to demonstrate proof of funds or being subjected to any test at all.

Why are things allowed to be this bad? It is principally because there is no national governing body or regulator overseeing all these rule books and how they are enforced, so the clubs effectively do it themselves. The Premier League is run by the 20 clubs in the Premier League, plus the League itself, which has one share. They make decisions collectively, without the involvement of the Football Association. The Football League is run in the same way, by the 72 chairmen of the clubs. They are less interested in intervening to help each other than they are in competing against each other. They are run in that way, which is unsustainable. No one is ultimately in control, which is why the rules do not get enforced properly.

There is a strong argument that we should have a regulator with statutory powers—one that has the right to insist on access to financial records to make sure clubs are playing within the rules, as Ofcom has when broadcasting licences are issued. It would have a discretionary power to tell an owner who cannot demonstrate proof of funds, or who is not suitable or credible, that they cannot take over a club.

We have called for that before. The fan-led review, which was in our manifesto and which the Government are committed to, should give a view on whether we have an independent regulator with statutory powers at the centre of the game, even if all that regulator does is make sure that the leagues properly enforce their own rules and have access to clubs’ finances to make sure they are doing that.

Some people say, “Well, you can’t have a statutory regulator, because FIFA rules don’t allow it,” but that is not true. In 2015, the FIFA rules allowed the Spanish Government to legislate to say that Barcelona and Real Madrid could not sell their TV rights separately. In France, the country of the current world football champions, the national governing body is a statutory body, effectively given a licence by the French Government to carry out its responsibilities. In Germany there are rules on club ownership that require 50% plus 1% to be owned by the fans and the community. All clubs are licenced by the German football league, which can withdraw the licence if the club is trading in breach of the rules. Other countries do this already, so there is no reason under FIFA rules why we would be sanctioned if we created a regulator with statutory powers. I believe that is what we should be looking at in this review.

The Government have a great deal of leverage at the moment because football needs their help. There is still no deal between the Premier League and the Football League to provide financial support for clubs. As many Members know, the Football League has warned that clubs will go bust. I know the Minister and his colleagues say that the Premier League has guaranteed to bail out clubs that go bust, but at the moment there is not enough money available to do that. Indeed, the tax liabilities of the Football League clubs are now around £100 million owed to the Treasury, so the Government already have skin in the game. They are owed money, as are other people.

The Government are in a position where, if they were to put money on the table alongside money from the Football League, they could do so with strings attached. They could demand reform, such as proper financial accountability overseen by an independent regulatory body. That should be at the heart of the proposal considered in the fan-led review, and it is what football needs now. Rather than having a series of warring competitors, competing and fighting against each, we would have a structure with a proper governing body at its heart that has power to take action against clubs that are being run badly and unsustainably. The covid-19 crisis has challenged many aspects of our life and exposed the systemic weaknesses in the governance of football in this country. We now have the opportunity to put that right.

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[Damian Collins]

Does my hon. Friend agree that the problem with the Football League system is that it is run by people like Mr Dale? It is run by the chairs of the clubs, regulating each other. They do not want people sticking their noses into the way they are running their clubs because if it is done for one club, it will be done for another.

[James Daly]

Absolutely, and that is why I would very much support statutory regulation, if that is a possibility, because I see it as the only way of protecting the interests of fans such as those of Bury.

My last point is that, while the pandemic has also shone a light on that business model, the question is how we can work within the system to create football clubs that are not merely the businesses that predatory owners and others have viewed them as, but become community assets that sit within their communities and have direct links to other important facilities. I have had the opportunity since I became an MP to speak with my hon. Friend the Minister on a regular basis. My view, which might not be a palatable suggestion for many owners, is that we have to look at a partnership model whereby football clubs work hand in hand with, for example, the local college or statutory services of some kind so as to bring as many things as possible into the club, because of its unique position at the centre of the community, and allow as wide a group of people as possible to benefit from being able to see their local football club, with the loyalty and pride in their area that that gives them, while also using it as a force for social change.

I was in a meeting yesterday where we talked about youth hubs, armed forces hubs and mental health hubs, so why do we as politicians not work with local people to get facilities set up and ensure that the models are financially stable? I hope that that is a sensible suggestion that people will consider. For someone from a Conservative background, the idea of going in and imposing rules and restrictions on what are private enterprises is not something that comes easily to me, but I know that it is necessary based on my experience of the impact that Bury’s closure has had on its poor fans.

My final comment is that getting Bury AFC, the phoenix club, to where it is has been a wonderful achievement, and I give due credit to those involved, but the Bury Football Club Company Ltd still exists. The club that has been there for 130 years and won the FA cup still exists. We and the EFL, as the regulator, should do everything to help Bury get back to Gigg Lane at the earliest opportunity. Thank you, Ms Fovargue, for allowing me to speak for this length of time.

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[Nigel Huddleston]

Everybody wants to make sure that football can come back in as many places as possible; my hon. Friend and others have made similar appeals. We are all waiting to find out the tiering system over the next few days, and the implications then for each of our regions, but the intent is to open as much as possible. I look forward to receiving another letter from the hon. Member for Wirral South, and I shall be happy to respond to her. We have regular correspondence, formally and informally, and I think it is good for sport that we have this open communication. I have no problem with her asking questions, and I will do my best to answer them as fully as I can.

[Damian Collins]

I think we are all pleased to hear the Government say that there are conditions under which fans can come back, but does the Minister agree that it could be unfair for clubs that do not have their fans in the background to compete against those that do, particularly when those clubs are in a very distressed financial position? What financial compensation will be available to clubs that may play most of the season without any fans in their grounds at all?

[Nigel Huddleston]

My hon. Friend makes a fair point, but we do need to start taking these baby steps toward opening as much of the economy, and of course football and sport, as possible. Logic would dictate that if we cannot open everything everywhere, then we should not open at all. Of course, we need to open as much as possible where we can, and support measures were announced last week for the national league. Fans have been able to attend non-elite sport for some time; we have allowed fans in stadiums and that will continue. On the elite side, I think as much as possible is absolutely key.

The deal between the EFL and the Premier League will be an important part of the dynamics of financial support. Nobody knows exactly where will be open when, or to what extent it will help with the financial circumstances, but I hope and have confidence that those elements and considerations will be part of the support package determined by the EFL and the Premier League; it must have some element of dynamism in that.

Another vital step is the resumption of grassroots sport from 2 December across all tiers, including the highest risk areas with some mitigation. Grassroots sport will return, and this will benefit the health and wellbeing of people right across the country. Further guidance on this will be published shortly.

While the pandemic has exacerbated some of the issues within football, it has not created them. Several hon. Members have expressed frustration about the groundhog day element to the discussion we are having today. It is absolutely clear that reform is needed in the national game, and has been needed for some time. That is why the Government are committed to a fan-led review of football governance. I will come to the question asked by the hon. Member for Wirral South in a moment.

The pandemic has highlighted the problems of football governance and finance—I have said repeatedly that the two are intrinsically linked. We cannot divorce governance from the finances, and I can confirm that we will look into this relationship as part of the governance review. The Secretary of State and I started this conversation last week, when we hosted a roundtable of key football stakeholders to discuss the future of the game. That discussion was lively and constructive, and it raised a number of ideas. Informally, therefore, the review of governance has already started, and this debate is contributing to it. We will announce the formal governance review in due course, but we certainly have no intention of kicking it into the long grass.

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[Nigel Huddleston]

Of course, the strategic review of the Premier League, which is a separate private entity—it is not an arms-length body—is rightly and justifiably entirely down to it. Its ideas and suggestions, and whatever the outcome of that review is, will be of great interest to me and the Government, but it is separate from the grassroots review of governance that we committed to in our manifesto and that others support. It is down to it to determine the scope of the review. I understand that it will be consulting with the English Football League. I absolutely commit that our review will involve and engage the Premier League, the EFL and many other stakeholders. The precise scope of that review is entirely down to the Premier League, and it is right that it does that.

At the roundtable last week, I was particularly keen to hear the thoughts of the Football Supporters Association, with which I have had constructive conversations. It is crucial that any reforms to the game have the backing of the fans, who, after all, are the lifeblood of the sport. It is interesting that Project Big Picture did not have the support of the Football Supporters Association, although, as I said earlier, I recognise that any proposals coming forward will have strengths and weaknesses.

In 2016, the Government set up an expert working group on football supporter ownership and engagement, which led to some great improvements in club engagement with fans, and the Premier League and EFL now require clubs to meet supporters at least twice a year to discuss strategic issues, giving fans the opportunity to shape the direction of the club. I am well aware that this is a great passion of the hon. Member for Eltham. He has contributed to the debate over many years and campaigned for greater involvement and engagement of fans. Of course, there is still a lot more to do, and that will form an essential part of the governance review.

[Damian Collins]

I appreciate that my hon. Friend says that the full terms and conditions of the review are yet to be agreed, but if the fan-led review recommends an independent regulator, will the Government give proper consideration to that recommendation?

[Nigel Huddleston]

It is very important that I do not predetermine the outcome of the review, but all reasonable and sensible ideas are welcome, as I have said. I would not like to say that we will look favourably or unfavourably at any individual component part at the moment, because that would be pre-empting the outcomes of the review, and of course circumstances could change things.

[Damian Collins]

I will phrase it slightly differently. What I want to know is whether the idea of an independent regulator outside the scope of the fan-led review, or are fans free to submit ideas about that to which the Government will at some point respond?

[Nigel Huddleston]

My hon. Friend will forgive me for not pre-announcing, before we have it written anything down, the scope of the review or the outcome of it. What I can say is that I am personally very keen to make sure the scope of the review is broad. Any sensible, viable and reasonable ideas will be welcome. I know that is a somewhat obscure caveat, but we all know that some proposals can be unrealistic or bizarre. I suspect that any realistic and sensible proposal, looking at models that are deployed and adopted by other countries, for example, will form part of the review. I am coming into the review with a very open mind, as is the Secretary of State. I can assure my hon. Friend of that, but he will forgive me if I cannot really be pressed any further on the scope of the review before it is announced. I am well aware of the strength of feeling and the enthusiasm across the House to make sure that we get the scope determined as soon as possible.