Football Governance

James Daly Excerpts

Wednesday 25th November 2020 Westminster Hall

[Clive Efford (Eltham) (Lab)]

I beg to move,

That this House has considered the future of football governance.

It is a pleasure to serve under your chairmanship, Ms Fovargue. There is nothing new about a debate in this place calling for change in the governance of football; too many of us have been here before. Times have changed, however, and there are many now joining the call for change. Covid has turned a spotlight on the weaknesses in the game’s governance and the inequity of the distribution of the game’s wealth.

Football is our national game: 14.5 million people attended premier league matches in the 2018-19 season, and 18.4 million attended matches in the championship. Premier league clubs generated £3.3 billion in tax revenue to the Government and contributed £7.6 billion to the economy in 2016-17. Throughout the country, football trusts play a role in supporting our communities. They lead in tackling racism, deprivation, sexual discrimination and many other social issues, and I pay tribute to every single community trust for the work they have done to support people in need during the covid epidemic.

The English leagues have a huge international following. Their popularity is the envy of many other countries and of the UEFA. I want to go on record as congratulating the premier league on its success, not just here in the UK, but by becoming a global brand of which we should all be proud. Football is so important to the nation, from local communities to being a major contributor to our national economy, that it is important on so many levels that we do not stand by and watch the pyramid that sustains it crumble.

Despite there being such enormous wealth in the game, that money is not distributed fairly—too much is absorbed at the top in players’ wages. The wage bill for the 14 premier league clubs, aside from the big six, is bigger than that of all the Bundesliga clubs put together. The salary arms war waged is entirely contained within the premier league and those championship clubs that overstretch themselves to try to get to the top division. It is unacceptable that premier league clubs can spend £1.2 billion on transfer fees while English Football League clubs are dangling over the abyss during this crisis. We cannot go on with this casino attitude to football’s success, and the time for regulation has come.

Although the Bury debacle showed that the professional game needs saving from itself, we also need to recognise that the money in football attracts some bad actors. Bury also showed that we must strengthen the rules to empower the authorities to keep corruption out of the game. Corrupt individuals circle around football looking for opportunities to make fast money. These people move in on vulnerable clubs and wait for their moment; when a genuine owner comes along, they tie the club up in knots, become an impediment to progress and then offer the would-be owner a deal to get them out of the way.

The football authorities and the Government must work together to change the rules and to legislate, if necessary, to protect football clubs and other sports clubs from this kind of criminality. The manner in which they operate might be within the law, but let us be clear that this is a fraud to extort money, and it must be stopped before more clubs fall foul of these crooks.

These problems existed before covid, but the pandemic has exposed weaknesses in the governance of the game. The solutions extend far beyond what is needed to respond to the immediate crisis. There is no going back to business as usual, and the Football Association must become the regulator that it is meant to be. I commend the Football Supporters Association and Our Beautiful Game for the work that they have done in this area.

We need an independent review of the governance of the game, in which fans and all other stakeholders can participate. The Premier League has initiated a review on the back of the controversy surrounding Project Big Picture. The Government were wrong to dismiss Project Big Picture out of hand; it raised many issues that we will have to take on board and that are worthy of further consideration. Any future review will have to address issues such as future funding for women’s football, football for people with disabilities and football for lesbian, gay, bisexual and transgender communities.

The Premier League has chosen to reject Project Big Picture and conduct a strategic review that will have implications for the whole of football—for the FA, the English Football League, fans and players. Richard Masters, the chief exec of the Premier League, told the Digital, Culture, Media and Sport Committee on 10 November that the 20 clubs on the PL board have agreed the terms of reference for the review. I wonder whether the Minister has seen the terms of reference, because I cannot find them anywhere. We are told that the review will involve fans, the English Football League and the FA. Have they seen the terms of reference? Can the Minister confirm that the Premier League’s review will be voted on by the 20 premier league clubs alone?

The current 20 shareholders of the Premier League find themselves in their respective positions of power by an accident of history, and it does not qualify them to make important decisions on behalf of the future of the game. By the time that the Premier League strategic review is voted on, three of them might have been replaced through relegation. Only five of the original 12 clubs that started the Football League are currently in the premier league. Should they have a say? Should the other seven that started the Football League have a say in the future of the game? Some 49 clubs have been in the premier league, which shows the extent to which the English Football League clubs have a stake in the premier league. Should they have a say in the strategic review?

The short-termism and self-interest that club owners have shown over the years excludes them from making decisions on behalf of the wider football family. I understand that premier league clubs will vote on the recommendations of the Premier League exec. I have nothing against the people in the Premier League exec, but I think they genuinely believe that they know best for the rest of us. They are unable to see the bigger picture, however, because they are blinkered by the business that they have to defend. They see the premier league, but we see football and its entire family. They believe that football is best run by the richest and most powerful clubs in the land, which have demands that go far beyond the domestic game—we would be foolish to ignore that fact.

The financial gains to be had from playing matches across Europe against similar clubs, packed with more of the biggest names in the game, are irresistible. The Champions League will grow in 2024, when the pressure on domestic fixtures will increase. We have already seen youth teams used in domestic cup competitions. We need to plan for that, not bury our heads in the sand and pretend business as usual will work.

In the Digital, Culture, Media and Sport Committee hearing on 10 November, we were told by Greg Clarke, who was still the chair of the FA, that for the big six clubs to break away from the premier league, they would need the approval of not only the FA, but FIFA and UEFA. The threat that comes from the big clubs moving away to some super league is not as great as some people would make it out to be, because they cannot dictate the terms of any future review of the game.

[James Daly (Bury North) (Con)]

Both MPs for Bury are here, who have very strong views in respect of the Bury situation. When we are talking about governance, we have to decide who the footballing authorities are governing on behalf of. The problem with the Bury situation was that the EFL had no interest in protecting the interests of thousands of Bury fans. It had no interest in the social and economic impact that simply abandoning Bury to the wolves was going to have. We have to think very hard about what the fiduciary or first interest of the regulator is if we are going to have a new regulatory system.

[Clive Efford]

I do not entirely agree with the hon. Member’s version of the events around Bury. I think the Football League would have taken action against individuals involved in Bury if it had the power to do so. I had long discussions with the Football League about a similar situation that arose at Charlton Athletic, which could have quite seriously gone down the same route as Bury. What the Taylor review really demonstrates—I have a copy of it—is that the rules need changing, so that the EFL has the powers to deal with those individuals. Some of the problems that arose with Bury arose before the individuals that we might have concerns about became involved, so it was a complex situation. This is the sort of thing that needs a fundamental review, so that we can ensure that the regulators of the game have the right powers to be able to deal with these situations.

We also need to consider whether clubs should have to register their accounts, with a projection showing how they will finance themselves for not just the current season, but the future season, including any contracts they have in place, such as players’ wages, during that period. There is a lot that can be done to improve the amount of information that clubs must provide to the regulator so that it has a racing chance of being able to oversee the game, and see where problems might arise.

The situation in the championship, where they spend 107% of their turnover on players’ wages, is ridiculous. That clearly needs regulating. It is driven, to some degree, by clubs that come from the premier league and have the solidarity money. However, the fact remains that to get into the premier league, some clubs are running huge risks, and we do not have the power in the regulations at the moment to prevent that from happening.

These changes have been highlighted by the Taylor review into Bury and things that have happened to other clubs, which shows that this is an area of regulation that needs serious looking into and needs change. I know how the EFL struggled to deal with the situation at Charlton Athletic, and it was on the side of the club all throughout that process, in my opinion.

The Football Supporters Association manifesto for change, “Saving the Beautiful Game”, the Premier League’s strategic review, the Taylor review into Bury and Project Big Picture—albeit that some people oppose some of the ideas in it—all highlighted one undeniable truth: that reform is necessary. Given all the competing interests that there are in this subject, the suggestion of an independent panel to take on the task of resetting the governance of the game is very attractive. The FA clearly needs fundamental reform, and the FA Council itself has passed a motion that commends the work of the Football Supporters Association and its manifesto for change.

The opportunity is there to bring about change in the governance of the game in this country. If the Government do not act, I suspect there is a Back Bencher in this room who will bring a Bill before Parliament to bring about that change. The Government can either be dragged along on the coat-tails of a private Member’s Bill, or they can lead the charge for change.

It is no longer acceptable to allow the Premier League to dominate the game in the way that it currently does. The Premier League has consistently and throughout this covid crisis shown that it is incapable of looking at the bigger picture, without looking first to protect its own interests. The time for change has come, and I hope the Government will support that call, get on board and help lead that change.

--- Later in debate ---

[Justin Madders (Ellesmere Port and Neston) (Lab)]

It is a pleasure to see you in the Chair, Ms Fovargue. I thank my hon. Friend the Member for Eltham (Clive Efford) for bringing this debate. As he said, football is our national game. We invented the modern sport of football, and it is popular around the globe with millions of people watching.

Despite covid-19, the Premier League remains in a strong position. Those running the Premier League have managed to generate previously unthinkable levels of income through commercial deals. Yet much of that money leaks out of the game, to agents or, more pertinently for this debate, to owners. Much of the money washing through the game does not get reinvested in it. Although we have had some £600 million invested in grassroots football over the past couple of decades, thanks to the Football Association and the Premier League, that is less than premier league clubs spend in one transfer window. While my constituency has benefited, with great new facilities at Neston High School and the Vauxhall Sports Club, which, for the record, I occasionally play on when circumstances allow, there is still a long way to go. Beyond that investment, we have too many second-rate pitches, which are rendered unusable by a day or two of heavy rain. Our grassroots facilities still compare unfavourably with those in top footballing nations. Only one in three of our grass pitches are of adequate quality. We only have half the number of 3G pitches that Germany has.

We know the pressures local authorities are under to balance the books. There is little left for discretionary spending on improving sporting facilities, which means that pitches are often left with poor drainage, resulting in some areas of the pitch having more mud than grass, and little or nothing in the way of changing facilities. In many ways, the pitches of today are worse than the ones I played on as a child. More of the money in the game needs to reach the grassroots level.

The money does not reach the fans either. It does not manifest in cheaper entrance tickets or support for other clubs. One only needs to look at my team, Manchester United, to see where a lot of the money goes. Since they took over in 2005, using money to buy the club that they subsequently attached to it as a debt, the Glazers have taken over £1 billion out of that club in dividend interest and finance costs. If ownership models are to be reformed, I would like to see that model of ownership banished for ever. That £1 billion did not have to leave the game. Perhaps some of the struggling clubs we have discussed would have survived if the money had been more equitably distributed.

We need to think about the wider health of the game. A few clubs at the top are getting richer and richer, or, as in the case of my club, the owners are getting richer and richer, but at the other end we hear of clubs that are struggling just to survive day to day.

[James Daly]

Does the hon. Gentleman think there is a strong case for financially powerful and sustainable clubs, such as Manchester United, taking a charitable view with neighbouring clubs that are struggling financially and need direct help? Bury is approximately half an hour from Old Trafford. Does he think we should put in place mechanisms for premier league clubs to help clubs in financial difficulties lower down the pyramid, especially if they are geographically close and have other links?

[Justin Madders]

There is nothing to prevent that from happening now. Manchester United’s reserve games used to be played at Gigg Lane, providing a financial benefit for the club. I have been persuaded that we need to formalise this help, because I am concerned about some of the strings attached to the recent discussions on support for league clubs. I think the inequality of distribution of money has highlighted clearly why the Digital, Culture, Media and Sport Committee said earlier this year that the current business model for football is unsustainable.

As the hon. Member for Folkestone and Hythe (Damian Collins) highlighted, the governance of football in this country is unlike any other. The financial muscle of the Premier League, which has an income 12 times that of the FA, distorts everything else. The financial power it has must be used more widely for the greater good. Recent developments suggest that the Premier League understands that and recognises it has a financial responsibility to the rest of the game. However, I hope I will be forgiven for being a little cynical about Project Big Picture and what it really meant.

The extra cash for Project Big Picture would have been welcome in the short to medium term, but the strings attached to it and the further concentration of power that were part of the deal could only, I think, come with a huge health warning. What was being proposed would have baked in an uneven playing field, because the price of that extra cash was preferential votes for longer serving clubs, thereby ensuring that the interests of football as a whole would forever be dictated to by the biggest clubs. The proposals would have meant a reduction in the size of the Premier League, and so naturally less opportunity for promotion to it. The league cup and community shield would also have been cancelled. Premier League clubs would have been playing fewer games overall—except that they probably would not have been.

The reduction in the number of fixtures might have been designed not to ensure that elite athletes in the Premier League got extra rest between games, but to pave the way for a European super-league that, in the long run, would hoover up all the power, all the attention and all the money. My hon. Friend the Member for Eltham said that it would not be easy to establish such a super-league, but in the last 25 years we have seen enough in football to know that, in the end, money talks. The Premier League clubs would have got their way.

I fear that the proposed change in voting rights would ultimately have meant that the domestic game would have become subservient to the interests of the 20 or so clubs that would have been part of the European super-league. Entry to that super-league would, of course, be by invitation only. The massive financial imbalance that already ensures that the biggest clubs tend to participate in the champions league each year would also have had an additional lock on it to make sure that the biggest clubs could never fall out of it. I could, of course, be wrong about that. The Premier League could offer the support without any strings attached. Discussions are ongoing so let us see what happens.

There is no doubt that a new strategic review is under way, and that may result in some of the benefits without some of the downsides. The concern highlighted in the debate demonstrates the reason we need an independent body to regulate football and ensure that all decisions made are in the interests of the game as a whole. We have all expressed that concern. As my hon. Friend the Member for Coventry South (Zarah Sultana) said, every team is a big part of the community. The owners are transient, but fans and supporters are there through thick and thin, in good times and bad, whoever is the owner. Football clubs need to be treated much more as a community asset and less as a business as they have been for far too long.

My final point, Ms Fovargue, relates to agency reform and control. A study of agency fees paid by Premier League clubs between October 2015 and January 2016 revealed that £46.5 million was paid to agency intermediaries. That is money that is leaving the game altogether. Frankly, I would like to outlaw agency fees altogether, but I am sure that will not happen. Those figures demonstrate there are huge sums in the game that do not benefit even the highly paid players; the money certainly does not benefit the clubs or the wider community. Let us do something about that as well when we reform football governance, which I hope we are going to do.

[James Daly (Bury North) (Con)]

It is a pleasure to serve under your chairmanship, Ms Fovargue, I congratulate my friend, if I can call him that, the hon. Member for Eltham (Clive Efford) on securing the debate. I have had the opportunity to speak to him about Charlton Athletic before, so I know he is a very learned and experienced man in these matters.

It goes without saying that this is a raw subject for us in Bury. It is genuinely hard to put into words what the loss of Bury football club has meant to the community. It has had a detrimental impact on thousands of people’s lives, and very few things can do that. Very few things link people, regardless of their age, sex or background, and people came together each week in a collective, positive atmosphere to support Bury. That has been taken away from them.

This is a debate about football governance. We have a system in place, but if we as MPs are going to look at what should be there or what we would recommend, we have to ask, “What is the purpose of governance?” Other points have been well made about how we see football clubs: are they just individual businesses like WH Smith or Barclays bank? Are they simply businesses to be regulated on that basis? I am a supporter of Bury football club but not a fan—there is a difference. They are entities that survive because of that loyalty and an emotional connection between them and their supporters. One can hardly argue that we go to WHSmith because of an emotional connection.

I am only using that as an example, but it is an important example. Earlier I asked the hon. Member for Eltham—and it was a genuine question—who any governance would be on behalf of. He said it would be on behalf of the game, but the game is a very wide thing and lots of people have very different interests in it. One person could be involved in supporting Manchester United, which plays in the premier league and all the other things it competes in, whereas Bury’s major ambition is essentially to stay afloat—to simply survive in the league it is in and have a sustainable business model to support its local community. If we as MPs were to recommend statutory regulation, we would say that the first duty of the regulator must be to the fans: the people at each and every club in the country who pay their money every week to go and watch their team. This is about what is in their interest. Bury is the example, right or wrong, of the monumentally detrimental effect of the loss of a football club.

As with everything else, the pandemic has had a huge effect on EFL and non-league clubs—I will leave the premier league to one side for a second. I agree with everything my hon. Friend the Member for Folkestone and Hythe (Damian Collins) said. Although I am tempted to read out his comments about Bury football club from when he was Chair of the Digital, Culture, Media and Sport Committee, I will restrain myself from doing that, because I think we all know what they are. However, football clubs in the lower leagues have been run in an incredibly bad manner. There were players at Bury football club earning £10,000 a week when the crowds were 3,000 or 4,000, which simply is not sustainable.

We have a badly run model that has not been regulated. Indeed, I wonder why the EFL exists if it cannot step in and question these business models, which it knows are unsustainable, including before the pandemic. Half the clubs are running at monumental losses. I mention Rochdale football club only because prior to the pandemic, or certainly at the start of it, it had to have a £1 million loan from its local council, while issues with the ownership of Wigan, Ms Fovargue, have clearly come to the fore in recent months. These are ongoing issues.

We therefore have to be clear that the EFL, or whoever the regulator is, needs to take a strident and stringent approach and must have access to the financial records of a football club and also the financial background of the owner. Cursory examination of the business history of Steve Dale, the current owner of Bury football club, may well have rung some alarm bells with any regulator. In a normal, functioning system, Mr Dale would clearly not have been allowed to take over Bury football club.

[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.