Football Governance Bill

Jeff Smith Excerpts

2nd reading
Tuesday 23rd April 2024 Commons Chamber

[Jeff Smith (Manchester, Withington) (Lab)]

I rise to do something I am unaccustomed to do, which is warmly welcome a piece of Government legislation. At the outset I declare an interest as a season ticket holder at and lifelong supporter of Manchester City, the world champions. Not for the first time, I congratulate the hon. Member for Chatham and Aylesford (Dame Tracey Crouch) not just on her excellent speech—I agreed with every word—but because as the Secretary of State said, she laid the foundations for the Bill. We are all grateful to her.

Football brings communities together, but for too long decisions affecting our game have been made without reference to those communities and to the fans, without whom football would be nothing, and without regard to the long-term interests of individual clubs and the wider game. Indeed, some historic clubs have collapsed because of the owners’ reckless actions, and the perverse incentives created by the pyramid’s finances. The longer we have waited for change, the more clubs have been brought to the brink. Football has been in need of reform for some time. Labour has committed to that reform, so we are glad that this much-delayed Bill has the potential to address that. I am pleased it is here. The Bill is mostly well thought through, and the licensing regime and regulated powers are mostly well framed, tightly drawn and positive. I congratulate the Minister on his hard work.

We have heard a lot in recent weeks about unintended threats to the premier league, but not a single one of us in the Chamber wants to threaten the sporting and economic success of the premier league. I love watching premier league football. I watch too much of it. It is the most exciting, high-quality league in the world. It is one of our great exports and cultural strengths. Nothing in the Bill will jeopardise that success. We have heard a fair amount of scaremongering in recent weeks about the Bill’s unintended consequences, but without any evidence.

Frankly, I more concerned about the unintended consequences of the Premier League’s financial success, and consequent financial dominance. Clubs are spending unsustainably to get into and stay in the premier league. As we have heard, EFL clubs lost £471 million collectively during the 2022-23 season. EFL clubs are gambling everything to get into the premier league, failing, and facing financial crisis as a result. All that puts the sustainability of our teams and game into jeopardy. Those are the unintended consequences we should be worrying about, and which the Bill can help to address.

In warmly welcoming the Bill, I wish to make a few comments about areas where it can be improved and strengthened. The regulator’s objectives—rightly, I think—are to protect the financial soundness of clubs, to protect and promote the financial resilience of English football, and to safeguard the heritage of English football—excellent. There was a reference in the White Paper specifically to protecting and promoting the financial resilience of the pyramid. It might be that the phrase “financial resilience of English football” is enough, but perhaps the Minister will explain why that reference, which was in the White Paper, did not make it into the Bill.

On the proposed financial redistribution powers, it is obviously important that the regulator has backstop powers to intervene in financial distribution between leagues where necessary. It is right that the regulator will be able to step in in circumstances where the Premier League and the EFL cannot agree a deal. For that to happen, one of those parties has to initiate the process, and the regulator makes the decision based on the proposals put forward by each party. That seems a reasonable enough system, but I agree that there is a question about whether the regulator should also have the power to put forward its own proposals, if they are deemed to be beneficial to the football pyramid as a whole.

I do not understand why parachute payments are specifically excluded from the scope of the regulator, as appears to be the case in the Bill. We have heard a lot in the past few weeks about the money that the Premier League gives to the rest of the EFL. According to the FSA, between 2019 and 2022 the Premier League shared £887 million in what is termed “core funding”, but £663 million of that went to relegated clubs via parachute payments. As I understand it, 92% of the TV income went to 25 clubs—those in the premier league and those in receipt of parachute payments. The other 67 clubs get just 8%. It is obvious that parachute payments are a significant distorting element of the system. If we are to have a dispute resolution mechanism between the two bodies, it is difficult to see how that will work effectively when such a large chunk of the money for redistribution is excluded from scope.

Finally, on redistribution, I would be pleased to see more opportunity for the regulator to step in to determine further redistribution to grassroots football, community spending, women’s football, youth development, player pensions and those sorts of things. That is not to be done without careful consideration, but as a backstop provision for potential problems in the future.

I am running out of time, but I will mention football fan engagement and decision-making powers. It is good to see the setting of a strong minimum standard for fan engagement as part of the thresholds for clubs getting a licence. The original fan-led review went further with the requirement for a golden share. I am not suggesting that we must have that, but I urge the Minister to look again at those areas of the Bill to ensure meaningful fan consent. Whether we are talking about regulated colours of home shirts or the ground, clubs should demonstrate that the fans have a significant say.

Finally, there are some elements missing from the regulator’s remit that were recommended by the fan-led review. It is a missed opportunity that the Government have not taken on board the recommendation for a transfer levy to help redistribute resources. It is also disappointing that the requirement for club equality, diversity and inclusion action plans has not been progressed. The Government will say that that should be part of the annual licensing process, but I would welcome ministerial assurance on that, probably specified during the Bill’s passage. I would have liked to see some reference to environmental sustainability. We all need to play our part for the future of the planet. I also wonder whether the Bill would benefit from further clarification on what support is available if a club looks to be at risk of being unable to meet the conditions of a permanent licence.

I have run out of time. I look forward to the Bill’s passage, and I hope that the Minister will take on board the comments made today. This is an opportunity to put our football pyramid on a sustainable footing for years to come; I look forward to supporting it this evening.