Football Governance Bill [ Lords ] (Second sitting)

Lincoln Jopp Excerpts

Committee stage
Tuesday 3rd June 2025 Public Bill Committees

[Lincoln Jopp (Spelthorne) (Con)]

It is dangerous to indulge in hypotheticals, but if an applicant for the football regulator chair role had been integral to the negotiation of broadcasting rights for the Premier League, would they not be conflicted in their duties under the Bill? They would have done something in their former life that could disadvantage certain leagues and certain divisions of the league, and they would be seeking to protect that legacy.

[Mr French]

I thank my hon. Friend for that interesting and important intervention. I touched on this concern briefly before lunch. The perception of such a conflict of interest is a particular problem in the choice of chair. I appreciate your comments, Sir Jeremy, about sticking to the scope of the Bill, but there is a broader point here about how the Bill is drafted to ensure that such conflicts of interest do not arise.

As our amendments on this issue make clear, we are talking about people who are currently holding jobs, but we would expect that the interests of any person appointed to a board such as this would not conflict with their ability to make independent decisions. My concern is that that perception, rightly or wrongly—I genuinely mean that—will be applied to future decisions because of the chair who has been chosen and his experience. That is not personal; I am just concerned that that will be a problem for any future decisions.

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[Joe Robertson]

Amendment 117 would mandate that a candidate for chair of an independent regulator must declare all their political donations. It would not be merely a voluntary process. I back that, and in the absence of any good reason not to, I urge Government Members to do the same.

[Lincoln Jopp]

Does my hon. Friend remember the case of a referee whose footballing allegiance became public a couple of seasons ago? It caused a huge ruckus because it generated a suspicion that he had been, in some way, partial in the way he had conducted his independent role as a referee, which is not unlike that of the regulator. For football affiliation, read political affiliation. There will be semi-political decisions. Does that not also make the point that the regulator should not be politically aligned?

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[Amanda Martin]

I will, Sir Jeremy. It is about precedent. Does the shadow Minister think that this is an issue only for football governance and only for this appointment? As my hon. Friend the Member for High Peak noted, current practice for appointments to regulatory bodies and public bodies has been in place a long time. Paragraph 6 of schedule 2 strengthens that process and gives clear details of what it looks like. I guess this is a case of “do as I say and not as I did”.

[Lincoln Jopp]

It is a pleasure to serve under your chairmanship, Sir Jeremy. I wish the Committee to entertain a semi-hypothetical set of circumstances. I have spent many minutes googling in order to find the only club in the Football League represented by a Conservative Member of Parliament—the mighty Bromley, as I am reminded constantly by my good and hon. Friend the Member for Bromley and Biggin Hill (Peter Fortune). I think he said in the Chamber that visiting supporters have started chanting, “You’ve got the only Tory.”

This is a very particular set of circumstances—there is only one. Bromley has done jolly well this season. Let us just hypothetically suggest that they caught the eye of a very wealthy potential new owner, which would bring riches beyond belief. That would come under the strictures of this Bill in terms of change of ownership. Let us suggest that, in carrying out its normal duties, the football regulator questioned, delayed and, finally, denied that change of ownership.

If the football regulator was a paid-up member of another political party and a donor to that other party, does the Committee not understand that the perception would be that part of the reason the regulator had come to the conclusions that it had was political? That is what we are trying to avoid with the amendments. I ask Committee members to reconsider, in order to give the regulator the best possible chance of success.

[Mr Dillon]

Seb Coe is a successful leader of sports bodies in this country and of our 2012 Olympics. He is a former Conservative MP and peer. I saw him act with integrity and did not question his political past. Why can people not act with integrity and be members of political parties? This is looking to spin a political angle when there might not be one at play.

[Lincoln Jopp]

If people appointed to regulators and quangos have fully declared what they have done, ab initio, that does a lot to dampen down concern about partiality. It would be nice to see the Government select someone for one of these appointments who was not a donor at the last election.

[Stephanie Peacock]

Before speaking directly to these amendments, I want to address the comments made about the chair appointment. I am very aware of the direction that you have given, Sir Jeremy, so I will focus my remarks on the comments made by the shadow Minister and Opposition Members.

David Kogan brings with him a wealth of expertise from the sport and media industries. The shadow Minister’s speech had three parts, so I forget when he said this, but he made the point more than once that it is about attracting the right candidate with the right experience, and how that is a challenge. We are confident that David Kogan is the right person. He was found appointable for the role by a panel that included a senior independent panel member who was agreed by the Commissioner for Public Appointments.

David Kogan declared his political activity to the DCMS Committee, as the shadow Minister has stated, which endorsed his appointment, adding a further layer of robustness to the appointment process. The donations were declared during the Committee session, as the shadow Minister also stated, and the Committee was sufficiently aware when it published its report endorsing him.

[Stephanie Peacock]

I know the hon. Gentleman is new to the House, and I will stand corrected if I am wrong, but I believe that it was a unanimous decision by the cross-party Select Committee. There will have been similar instances in the previous Parliament, so I think his point is somewhat unfair, but it may be a reflection of the fact that he is new to this place.

Reference was made to the fact that we have received a letter from the Commissioner for Public Appointments, and we will of course co-operate fully with his office. No conclusions have been reached at this stage, and we will completely co-operate. Some points were made about what was said on Second Reading and to the Select Committee. The governance code already sets out the requirements for political donations. Donations in scope of the governance code were provided to the Select Committee in advance of the hearing. The leadership campaign donations fall outside the reporting window and the threshold for declaration; however, they were disclosed to the Select Committee in the interests of transparency, which endorsed the appointment on a cross-party basis.

[Lincoln Jopp]

I completely take the Minister’s point about the unanimity of the Select Committee. In that same spirit, it is worth quoting the Chair of that Committee, my hon. Friend the Member for Gosport (Dame Caroline Dinenage), who said:

“While Mr Kogan’s background and experience make him well-suited for the role, his past donations to the Labour Party will inevitably leave him open to charges of political bias in a job where independence is paramount.

We want to see the new Independent Football Regulator succeed, so it’s crucial that nothing undermines the regulator as it gets up and running. Mr Kogan must give 110% when it comes to reassuring everyone in the game that he is his own man. The Committee looks forward to working with him constructively and holding him to account.”

Imagine how much simpler life would be if someone who did not have that perceived conflict of interest—

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[Max Wilkinson]

It is a pleasure to serve under your chairship, Sir Jeremy. I want to make two quick points. First, it seems to me that the previous Government were going to impose extra regulation, and there would have been a regulator that probably would not have been run by volunteers. By the logic we have heard today, the Conservatives previously proposed some kind of increase that they worried would put up ticket prices. I do not agree that that is necessarily going to happen.

Secondly, one of the first things that my local club, Cheltenham Town, said to me after I was elected, was, “Please support the Football Governance Bill, because that will make our club more sustainable.” Then I spoke to the Robins Trust, of which I am a member, and it said, “Please support the Football Governance Bill.” If the club and the fans are both saying, “Please support the Football Governance Bill,” it is my duty as their local Member of Parliament to take their word for it that they think things will get better as a result of the Bill.

Cheltenham Town is a League Two club; sometimes, in a good period, they are in League One, but these are not people who are burdened by the concerns of billions of pounds, as at Manchester United. Ticket prices at Cheltenhm are about £20—I think I might be able to get in for £20 for some games. Price sensitivity is probably an issue for Cheltenham Town fans and the club, and they tell me I should back this legislation, so I do not know why, based on that and having heard the arguments made by the shadow Minister, I should change my mind, because there is nothing to suggest that anything has changed between the previous regulator and the newly proposed regulator. The opinions of the club that I serve are entirely clear.

[Lincoln Jopp]

The hon. Member says that both his club and the fans support the football regulator, but they do not know how much it is going to cost or how big it is going to be. They like the purpose of the regulator, but they do not yet know the cost. Is it unfair to set a boundary on some of those aspects in the Bill, so that it does not grow arms and legs and put regulatory burdens on his club outwith their ability to meet them?

[Max Wilkinson]

We have a fundamental disagreement here on the Bill and the need for regulation. It is clear that the Conservatives have decided that they will now not support the concept of a football regulator. That is a perfectly legitimate political decision. It is also legitimate to point out that that was not their view until a few short weeks ago. It is also legitimate for me to point out that both the club I represent and the fans are telling me that I should support the Bill.

I hate to make a point about political ideology, but sometimes I do. This perhaps is one of those instances when we just have to let organisations decide for themselves. My understanding is that traditionally that has been a Conservative thing. Someone sets up something or there is an existing business, and the Conservatives might say that that organisation can make decisions for itself. The next amendment is about salaries, and I will probably make the same point. Sometimes we just have to let organisations make their own decisions and let the market decide.

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[Joe Robertson]

It is rather tempting to make a gibe about Liberal Democrats and back-of-a-fag-packet economic comments, but I will not. If it is as simple as the hon. Gentleman says, then let us hear that from the Minister. Let us hear assurances and guarantees that we are talking about pence, because frankly any inflation of ticket prices beyond pence is unacceptable, given the current prices and the legitimate views of fans about them.

[Lincoln Jopp]

The hon. Member for Rushcliffe made the very powerful observation that, in identifying a target operating model, form should follow function. The function has been pretty well defined in the Bill, which rather prompts the question why the Government do not have some idea of the form that the regulator should follow. Without any cap whatever, we would simply be inviting untrammelled mission creep and cost growth. Perhaps the hon. Member disagrees with where the cap has been put and with the methodology approaching it, but I would be interested to know whether he agrees with the principle that he and other hon. Members should have an opportunity for scrutiny if there is a proposal to grow the budget, the wages or the number of people in the regulator.

It is interesting to note the varied approach across the regulatory network. Do we think that the football regulator will be like the Drinking Water Inspectorate, which is pretty important—we all drink water—and does its work with 55 people? Coming in next is the Office of Rail and Road, which has up to 370 people. The Information Commissioner’s Office has 500-plus; information is all around us, so that is pretty important. Not quite topping the tree, but coming pretty close, is the Pensions Regulator, with 900 people.

The point is that untrammelled bureaucracies have a tendency simply to grow. There is no limit on the amount of fan consultation that could be done. A member of the football regulator could be sent down to every fan meeting if it really wanted to convince itself that the club was engaging with the fan base. All the amendment seeks is some measure of control, to give Parliament the opportunity once again to stop this thing growing arms and legs and moving way beyond its intended purpose.

[James Naish]

The hon. Gentleman has made the point clearly: he has named a number of organisations that are significantly bigger than the random figure in the amendment. I am not disputing what he says, but the bottom line is that it makes no sense to include an arbitrary figure in formal legislation.

[Lincoln Jopp]

I—

[Mr French]

I am sorry to jump in—I am a bit keen. The point that the hon. Member for Rushcliffe makes supports the point that we have made throughout. The political argument that the Government have made is that the objective is to have a light-touch regulator. Does my hon. Friend agree that by trying to limit its size, in principle, we are helping the Government to do exactly what they are promising?

[Lincoln Jopp]

We do not know yet what the target operating model will be. I think the Government can do that work, as they have a pretty clear picture of the functions of the regulator that are envisaged in the Bill. The shadow Minister asked the Minister to give some indication of the limits on money and structure, because we have the powers and the functions. I, for one, welcome the opportunity to hear the Minister’s answers.

[Stephanie Peacock]

I thank the hon. Member for Old Bexley and Sidcup for his amendment. I note the irony of him saying he does not want to oppose the Bill for the sake of it, given our discussion today and the fact that the Bill began its life under his Government. I completely understand the intent to ensure that we do not end up with an overstaffed regulator that is not delivering value for money. That is exactly why there are appropriate controls over the regulator’s expenditure.

Proportionality is key to the point about costs. We will have a further debate today or on Thursday about the regulatory principles, which are really important, but the operational cost estimate is between £77.4 million and £106.8 million over 10 years. That was based on the impact assessment signed off by the previous sports Minister, the right hon. Member for Daventry. Those costs have not changed—with the caveat, of course, that that is an estimate.

[Stephanie Peacock]

We do not believe that the changes are significant enough to lead to a significant increase in costs.

[Lincoln Jopp]

Quoting those figures is very helpful. Can the Minister tell us what personnel assumptions those figures were based on?

[Stephanie Peacock]

I am happy to provide the Committee with a copy of the impact assessment. I will address the point on staffing in a moment, if the hon. Gentleman will allow me.

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The hon. Member for Isle of Wight East said that the Bill could be an exception—that it could be relatively unique. My English teacher always taught me that something was unique; it cannot be relatively unique. I simply think that it is not good policymaking to set in statute an immovable number. We want it to be as lenient, light touch and efficient as possible.

[Lincoln Jopp]

On that principle, does the Minister agree with the Secretary of State for Defence, who said yesterday that the number of people in the Army would be 73,000?

[Stephanie Peacock]

It is not for us to say. It is an independent regulator. The hon. Gentleman outlined how different regulators have wildly different numbers of staff. We do not think that we should set a cap.

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[Mr French]

I have listened very carefully to contributions from hon. Members on both sides of the Committee and to the answers provided by the Minister. I am concerned that the Government will not publish a refreshed impact assessment because, as I have highlighted, the costs to businesses and football clubs around the country have increased since the impact assessment was published. The regulator designed by the current Government also differs from the previous Government’s. We believe that it is bad practice for Members not to have all the information to hand for a live discussion about the expected costs of the regulator or concise information about what the size of the regulator may be.

[Lincoln Jopp]

Does my hon. Friend share my frustration? The Minister said that some indicative numbers for the costs came from the impact assessment for the previous version of the Bill. I asked her what personnel numbers that was based on, because if such assumptions do not underpin the budget, that is as random a number as any.

[Mr French]

My hon. Friend makes a pertinent point. The amendment is about the headcount, and he asked the Government, who oppose the amendment, what assumptions they have made for the headcount in their financial calculations. That is a completely fair question for Committee members to ask in this debate. I am not satisfied with the Minister’s answer, and I do not believe my hon. Friend is either, based on his intervention. Members should have the information on the impact of staff costs. I have set out some of my concerns about what it may mean for fans down the line. I am afraid we have not had assurances that give us any confidence that the Government will seek to cap the size of the regulator. We want to get a vote on the record, because we believe there should be a cap on the size of the independent regulator.

Question put, That the amendment be made.

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[Stephanie Peacock]

I will address some points on amendment 121 and then respond to the hon. Gentleman’s questions. The Government recognise it is vital that the regulator is transparent and able to be held accountable by Parliament and others. That is why, for the expert panel, the legislation already sets out a number of requirements to publish decisions and give reasons for them.

Transparency in decision making is important, but it is also important that individual panel members can act without fear or favour and that ultimately the regulator as a whole stands behind the decisions it makes. It will also be necessary in some instances for details to remain private for commercial, personal or other sensitive reasons. We absolutely agree that transparency around the regulator’s processes and decisions is important, particularly in football, where fans often complain of being out of the loop. That is exactly why the Bill already contains extensive publication and consultation requirements and the regulatory principle encouraging the regulator to be transparent. However, the amendment goes further and risks undermining the operation of the expert panel. Some details may be commercially sensitive, as I have outlined. Equally, individual panel members should not necessarily be singled out for their contributions to decisions; the panel as a whole makes decisions and is held accountable as a whole.

I am at risk of comparing apples with oranges, but we spoke earlier about the Select Committee. In this place, we will have minorities on Select Committees, and I do not believe that those Members who do not agree have their names published. I acknowledge that I am not comparing like with like, but I make a gentle point about how members should be able to make decisions without fear or favour.

The hon. Member asked some specific questions about the expert panel. For the panel to take a decision, it must form a committee of at least three members. If that decision is appealed, three new members will be needed to form a committee to take a new decision, so the minimum number of members required for the expert panel is six. There is no cap on the maximum number of members as the regulator should have flexibility to react in the event of a high workload. Obviously, different panels may be required for different issues. For those reasons, I ask the hon. Member to withdraw his amendment.

[Lincoln Jopp]

Will the Minister give way?

[Stephanie Peacock]

I am sorry; I have just finished.

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[Lincoln Jopp]

I am grateful to the shadow Minister for giving way. The Minister admitted that with Select Committees she was not comparing like with like. Would not a better comparison be another big regulator, the Bank of England, where the Monetary Policy Committee in setting interest rates does indeed allow for minority reports, which are helpful to the market in understanding the logic behind those who want rates to go up, go down or stay the same?

[Mr French]

My hon. Friend gives an example that I admit I had not thought of. That is a well-made point about transparency and how that works in the City, and about the important role of the Bank of England.

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[Mr French]

The hon. Gentleman is making a passionate speech about the heritage elements of cup competitions, and a genuinely important point about fixture scheduling and how the international teams impact that. We are talking about Club World cups and tours of Asia—we have just seen Man United go straight to Asia. However, to try and spin a positive on the situation—I am not defending certain clubs—would the hon. Member agree with me that it is a good thing that this year the underdogs have won those cups? There is value again in those cup competitions, whether that is Crystal Palace winning a tournament—the hon. Member for Dartford is nodding at that—or Newcastle winning.

[Lincoln Jopp]

And Tottenham.

[Mr French]

Indeed. We could keep going. That proves the value of the cup competitions. Many more clubs should take our traditional cup competitions more seriously.