Football Governance Bill [HL] Debate

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Baroness Evans of Bowes Park Portrait Baroness Evans of Bowes Park (Con)
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My Lords, I want briefly to support my noble friend’s comments and amendment. We have already set out our concerns about UEFA and FIFA’s objections. The Minister has suggested that our concerns are somewhat misplaced. Given the comments that have just been made, our concerns have unfortunately not been allayed. The fundamental issue is that, rightly or wrongly, the letter from UEFA and FIFA was in the papers; we have seen concerns that were raised.

Unfortunately, for whatever reason, the Minister has not been able to fully explain to the Committee exactly what has been said. She said that constructive conversations have happened. That is great news and we are all pleased to hear it but, up to this point, she has not been able to give us any detail to match the concerns that we have seen in this letter. Does she feel able today to give us a bit more detail and some categorical examples of where FIFA and UEFA have said that they are now happy with the Government’s position and happy with the Bill as it is? We could balance that with what we have seen in the papers and the press from the letter, and what we have heard in some—I am sure—well-intentioned comments from the Minister about what has been said, but with nothing tangible to back it up.

Does she have any correspondence with UEFA or FIFA, or any more tangible evidence that she can give us, to help us with the words she has been saying, which, I am sure, reflect conversations she may have had in meetings? This would give us some more tangible evidence that the issues that my noble friend has raised will not come to pass. Until we have that, we will have to return to this and, I am afraid, press the Minister for any more information she can give us.

Lord Addington Portrait Lord Addington (LD)
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My Lords, as the noble Baroness just said, could we have the answer tonight as to what the state of play actually is? If we get some assurance that, “Providing we do not do X and Y, which we hope is not the intention of the Bill, we are fine”, then this will get put to bed. If the Minister can see some way of assuring us, even if it had to be on Chatham House terms or something, that would help, because we do not want there to be a problem. If we can get that assurance out there, this issue will go away. Let us face facts: it just would not exist.

We want there to be a competition. Presumably, Europe wants the Premier League there. The reason why we have this Bill is about Europe. It was because of fans protesting that they were going to lose their competition and their traditions to Europe, and politicians saying, “We’ll intervene”, which most people agreed with. If we can get an assurance that there is something solid that means we would have to do something radically different to turn this bad scenario into a living nightmare, that is fine. We cannot guarantee the future; we can deal only with the Bill in front of us. If the Minister can give us those assurances she will have my full support.

Lord Moynihan Portrait Lord Moynihan (Con)
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My Lords, over the weekend, I and colleagues from across the Committee wrote to the Minister and sought to be very specific about the points that have just been raised by the noble Lord, Lord Addington, and my noble friend Lady Brady. It would be helpful to the Committee—I mentioned this to the Minister this morning too—to put on record the specific concerns that could lead to differences of opinion between the two regulatory frameworks: the regulatory framework we are seeking to put into legislation and the regulatory framework that already exists within UEFA and in FIFA. Indeed, if the answer to all the points that I will raise is that there is no conflict, the Committee will be satisfied and so will I.

I would be grateful if we could have specific clarification on UEFA and FIFA’s position concerning the regulatory powers contained in the legislation. Given the extensive scope of the Bill’s powers and their potential impact on clubs and national teams participating in UEFA or FIFA competitions, I would be grateful if the Government could confirm whether UEFA and FIFA have been consulted on each of the following categories of powers: whether UEFA has specifically approved the proposed regulatory framework, particularly the revenue distribution backstop powers; the licensing framework and powers; the IFR’s independence; the IFR’s accountability mechanisms; the Secretary of State’s broad-ranging powers; the delegated powers; the financial oversight mechanisms; and the interaction between IFR rules and UEFA/FIFA regulations. If there are any areas where UEFA or FIFA has or will, in response to this request, express reservations or express modifications then I would be grateful if the Committee could be informed.

Have the Government commissioned expert legal advice on these issues? How has this impacted on the design of the legislation? How will potential conflicts between UEFA/FIFA regulations and these various powers be resolved, especially regarding revenue distribution arrangements, competition participation rules, financial monitoring requirements, the licensing system, and the extensive rule-making powers granted to the IFR? This clarification is essential for ensuring the smooth implementation of the new regulatory framework and avoiding any potential conflicts with existing football governance structures.

As my noble friend mentioned, as reported in the press, in a letter from UEFA to the Secretary of State, UEFA warned against “government interference” in football. It points out that it has very “specific rules” that guard against state interference to

“guarantee the autonomy of sport and fairness of sporting competition”.

The Bill, however, gives the regulator and the Government the following powers over football in England. I would very much welcome confirmation from the Government, not today but in due course, that in the meeting the Minister of Sport had with UEFA— referred to by the Minister on an earlier Committee day—the Minister brought these powers to the attention of UEFA and it confirmed that they do not amount to “government interference”.

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Lord Markham Portrait Lord Markham (Con)
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I thank my noble friend Lady Brady because, as has been mentioned, we have highlighted what is probably the number one issue. In all the time that we as noble Lords have spent here, we have shown that everyone cares. We are spending all this time here because we care about football massively and because what we are seeing here is, if noble Lords will excuse the pun, probably the biggest own goal. Everything behind the Bill is well intended but, if we get ourselves into a situation where we are suspended as an association, that will set football back decades. It is very real.

UEFA says that it is concerned and that:

“A Member Association may … be suspended if state authorities interfere … in such a significant way that … it may no longer be considered as fully responsible”.


My noble friend Lord Moynihan set out a long list of all those things. I want to set out one simple example. In the backstop, the regulator is given the power to decide on one league’s proposal over another league’s proposal. By definition, it is picking one side versus the other. That means, axiomatically, that those associations are no longer responsible for the decision; one of them must lose out, so one of them cannot be responsible for it. I cannot see any way in which that does not trigger what UEFA is saying—that the association is then no longer fully responsible because the decision has been taken out of its hands.

I hope that the noble Baroness, Lady Taylor, is correct that examples from Italy and Spain show that this is fine—again, I am grateful for her contribution because nothing would make us happier than that being the case—but the noble Lord, Lord Addington, is right that it is binary at this point. The Minister can give us an absolute assurance so that this goes away. We all hope that this gets killed as an issue and that we need never mention it again but, unless the Minister can give that absolute assurance, we are in a world where this does not go away; it is going to come back and hang on because there is risk. I am sorry to put it as bluntly as that but, unless the Minister can give a 100% yes, the lingering danger here is such a big own goal, as I mentioned before. We really need to take this opportunity to kill this as a subject right now.

Again, I thank my noble friend Lady Brady for bringing this issue up; I really hope that the Minister can clear it up once and for all.

Lord Addington Portrait Lord Addington (LD)
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My Lords, I just want to clarify my position. I did not want an absolute yes; I wanted a probable yes in the most civilised world. Going forward, that is what I was looking for, because we cannot let UEFA dictate our sovereign law to us, can we?

Lord Parkinson of Whitley Bay Portrait Lord Parkinson of Whitley Bay (Con)
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My Lords, I am grateful to my noble friend Lady Brady for her Amendment 67A and for the passion and clarity with which she set out her reasons for it; I am also grateful for her undoubted expertise in this area, as in so many others that we are examining in this Committee. This is a very important point, as my noble friend Lord Markham echoed. A number of clubs enter teams in international competitions, and these international competitions have their own requirements and rules by which the clubs who take part in them have to abide.

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Baroness O'Grady of Upper Holloway Portrait Baroness O’Grady of Upper Holloway (Lab)
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It is a pleasure to follow the noble Lord, and to support the amendment in the name of the noble Lord, Lord Watson. Your Lordships may expect a former TUC leader to advocate the principle of workforce engagement and consultation, but it was over a decade ago that the noble Lord, Lord Heseltine, in his report No Stone Unturned, talked about the value of what he called “shop-floor wisdom”.

It is not just a case of fair access. In my experience, there have been many positive examples of where shop-floor wisdom has made for much better decision-making. The workforce and their representatives are what I would describe as the canaries in the mine. They can see when organisations are heading for trouble from the inside, they have good ideas about how to make industries stable, sustainable and fair, and their ideas deserve to be heard. Nowhere is that more relevant than in football. When club owners and managers tell the regulator a particular story, players and their representatives can provide a crucial quality check.

They may agree with the owners; they may not. But the new regulator would benefit from hearing the workforce perspective. I have heard a lot about finances in this debate. I offer just a gentle reminder that, if you were to ask any fan, they would say that true wealth is created on the pitch. Like Labour and, indeed, across this House, the PFA proudly believes in the unifying power of football in society, and it is a guardian of those values. Players must have a right to a voice: a right, enshrined in law, to be consulted on equal terms.

Lord Addington Portrait Lord Addington (LD)
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My Lords, I have had my name down as a supporting figure on three occasions. I just cannot resist, with this talk of “should” and “must”. It does sound awfully like “may” and “shall”, which is something steady to go back to. My question for the Minister is: is there any difference legally between the two words? If there is not—in certain circumstances, there is not—can we just hear that?

On the amendments, I start with the amendment from the noble Lord, Lord Watson, which I supported. Yes, you should consult your players. They are your primary asset; they are what the fans come to watch. It would seem sensible; that is why I am in support. I realise that I might be backing two horses in the same race by putting my name to these two amendments, but the fact is that various fan groups need some interaction with the regulator. How that is done is incredibly important.

To return to the players, without them you have no product. You have no financial resource; you have nothing to come behind. Not consulting them is ridiculous, to be perfectly honest. Many people will tell me that they are overpaid namby-pambies or whatever. I do not agree, but people will tell you that. The fact is that every time you run around as a professional athlete, you are risking your career, or risking it being shortened. Every time you are told to play that extra game when you are not quite ready for it yet, or you are a little bit tired, you are risking your career and your professional value. You may be playing injured, for instance. We should hear from this group. They have short, often very productive careers.

Often, though, they do not. What we tend to do in this debate is think about the Premiership, but we are talking about the entire structure, going down. Many people are just making a living—sometimes a good living—for a short period of time. We must make sure that they are consulted as well. The entire structure going down is something that we are in danger of forgetting repeatedly in this Bill. So I hope that the Minister will give us some clarification here. Players must be consulted and there must be a way of talking to the fans. Is this just another one of the hardy perennials of Parliament going down the “may” or “shall” route? Does the wording change in the lead amendment make any difference?

Baroness Brady Portrait Baroness Brady (Con)
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My Lords, I support the amendment from the noble Lord, Lord Watson. I wholeheartedly agree that footballers are at the heart of football. Without them, we certainly could not achieve anything at all. The relationship with players is absolutely vital to football clubs. West Ham was one of the very few clubs during the pandemic where I and my footballers took a 30% pay cut to ensure that all other staff were paid in full and that nobody lost their job; that is part of the spirit and it is why footballers really must be consulted.

I also support Amendment 86, which would introduce vital principles to guide the regulator’s approach. These principles reflect a sophisticated understanding of how football actually works and what makes it successful. The existing principles in Clause 8 of the Bill appear largely defensive and process focused. In essence, they tell us that the regulator should use resources efficiently, co-operate with stakeholders and act proportionately. With respect, I would argue that these are descriptions of basic administrative competence, not meaningful regulatory philosophy. No one would argue for inefficiency or disproportionality, and that is really the test of whether these are real, consequential principles.

More concerning is what these principles admit. They say nothing about preserving what makes English football successful; nothing about maintaining the competitive tension that drives our game’s appeal; and nothing about enabling the responsible ambition that has created the world’s most watched sporting competition.

Let me begin with the fundamental point that I believe is captured by this excellent amendment: the need for clearly identified harm and least-intrusive measures. Football thrives on calculated risk taking and sporting ambition. A regulator consistently intervening without clear necessity will suffocate the very qualities that make our game exciting. This is not about weakening regulation; it is about making it effective.

Consider how successful football regulation actually works. The Premier League has developed sophisticated mechanisms for maintaining financial sustainability while preserving competitive tension. When issues arise, they are typically best addressed through existing structures that understand football’s unique dynamics. This amendment would ensure that the regulator works with those proven systems rather than creating unnecessary parallel requirements.

The principles around competitive tension and ambitious ownership are particularly crucial. The Premier League’s success rests on maintaining genuine competition, where any club can succeed through good management and investment. Aspiration can happen because clubs are empowered and incentivised to take measured risks in pursuit of sporting achievement. The amendments focus on commercial autonomy and innovation, reflecting another vital truth: football’s success comes from constant evolution. The Premier League leads the world precisely because it enables responsible innovation in everything from broadcasting arrangements to community engagement. Overly prescriptive regulation risks spoiling this competitive advantage that we have developed.

Most importantly, these principles would ensure that the regulator maintains proper focus by requiring clear evidence of harm and demonstration that the existing structures cannot address issues. We would avoid unnecessary intervention while maintaining proper oversight. This would help us enhance, rather than inhibit, what makes English football successful.

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Moved by
91: After Clause 9, insert the following new Clause—
“Televising of football matches of national interest(1) The Communications Act 2003 is amended as follows.(2) After Section 299 (categorisation of listed events) (2)(d) insert—“(e) the Independent Football Regulator, established by the Football Governance Act 2024, in relation to televising of football matches between licensed football clubs.””Member’s explanatory statement
This amendment adds the IFR as a statutory consultee on the listing of sporting events for free-to-air coverage.
Lord Addington Portrait Lord Addington (LD)
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My Lords, my noble friend Lord McNally tabled two amendments about making sure that terrestrial television carries football matches.

When we talk about the quality of football that makes the nation treasure it, access is an important factor. We have had many arguments about what should be covered by free-to-air services. What should be on there? The “crown jewel” events. We are talking about something that we have had for a long time, because there are certain events that will not be hidden behind a pay wall. Seeing one or two of these primary gems makes sure that you have a better connection with the rest of the game. I hope that we will make sure that we continue to get them.

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Baroness Twycross Portrait Baroness Twycross (Lab)
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I thank the noble Lords, Lord McNally and Lord Parkinson of Whitley Bay, for tabling these amendments, and the noble Lord, Lord Addington, for moving the amendment at the start of the debate on this group. Amendments 91 and 92 in the name of the noble Lord, Lord McNally, raise an important issue that I welcome the opportunity to discuss.

The Government are keen to ensure that sporting events are made available to the public as widely as possible. That is why we have the listed events regime. From the start, there have been strong voices from a number of areas that the regulator must have a tightly defined remit and must not intervene in areas where it is more appropriate for the football authorities and other bodies to take the lead. I am sure the noble Lords will agree that the bar for statutory intervention in any market should be high, a point made by the noble Lord, Lord Moynihan, although with different words. That is why we have ensured that the regulator’s remit is focused solely on tackling the specific market failures that carry a risk of significant harm to fans and communities but which we believe the industry cannot solve through self-regulation.

I sympathise with the noble Lord’s desire to see more matches free to air and understand the frustration of fans who do not always have access to watch their team. I have particular sympathy for the point made by my noble friend Lord Watson of Invergowrie about the access of young people to sport. However, we do not feel it is right to expand the regulator’s remit by including it as a body that must be consulted on which free-to-air football matches are broadcast and to have to take into account the desirability of promoting more football matches becoming listed events. This widened remit of considering broadcasting and commercial decisions would prove a distraction from the key responsibility of the regulator to ensure the financial sustainability of football clubs and would widen the scope of the Bill.

Turning to Amendment 265 in the name of the noble Lord, Lord Parkinson, I was slightly surprised that the Opposition were so keen to debate this amendment now given that it is contingent on Amendment 263, which we will come to later in Committee. Nevertheless, in the spirit of good will, I will respond.

As we face a changing media landscape, we must account for alternative forms of content and ensure the scope of the backstop is not restricted only to television broadcasting rights. This amendment intends to ensure that it is clear that a wide variety of content is in scope of the definition of “relevant revenue”. However, the existing drafting of the Bill has already been chosen carefully to ensure that we encapsulate alternative media sources. The current definition of “relevant revenue” already covers all sales or acquisitions of rights to exploit the broadcasting of football matches, which would apply to revenue produced by online content as well if that online content used footage from broadcast matches. Therefore, the concern underlying the amendment is suitably addressed by the current drafting of the Bill. For the reasons set out, I am unable to accept the noble Lords’ amendments, and I hope that they will not be pressed.

Lord Addington Portrait Lord Addington (LD)
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My Lords, that was not the most positive response I have had to an amendment, but it was worth raising the idea of the listed events and certain things being culturally important. I will take away what the Minister has said and look at it, but it is about the principle that certain things are a little more important and reflect well on the actual product. It can be regarded as a little bit of advertising for those people who are taking some money.

If we cast across to other sports, I hope that people will bear in mind the experience of England Rugby. At one point, it was selling its home games, which meant that fans saw England only when they were away—that was the situation a number of years ago. There is a certain point beyond which you are cutting off people and interest, and possibly the expansion of the rest of your market. Yes, things hide behind paywalls if you have not got the money to pay for it or, as often happens in the modern broadcast world, you discover you bought the wrong bit. Having said that, I beg leave to withdraw the amendment, although I reserve my position about looking at it again.

Amendment 91 withdrawn.
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Baroness Taylor of Bolton Portrait Baroness Taylor of Bolton (Lab)
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My Lords, there are quite a lot of amendments in this group, so I should say at the outset that I am trying to get assurances from the Minister on two specific points. They relate to the “state of the game” report, on which I know a lot of work has already been done.

The first assurance is that the report will be as comprehensive as possible. My colleagues and I have listed a number of items that should be included. Some are issues that we have already discussed. Some are very significant, such as community, social impact, how well managed clubs are, an assessment of the distribution arrangements, issues around women’s football, multi-club ownership, player welfare, equalities and social inclusion. All those things should be encompassed by the “state of the game” report, and, without going into any one of them at this stage, I hope we can agree that this report should be as comprehensive as possible. It is important that the regulator has independent and substantial information on which to make judgments. That is the first point that I raise with the Minister and on which I seek her assurances.

My second point concerns the timing of the report. As I said, I know that a lot of work has gone on to prepare for the report. The Bill suggests that it should be out as soon as possible, but gives an 18-month deadline. One amendment in this group seeks to reduce that to 12 months. Given the amount of attention on the Bill, that it has been in the pipeline for so long and that people are aware of these issues, a 12-month timescale should be appropriate. I hope the Minister agrees that the report should be published as soon as possible.

There is also the question of how often we should have this report. The Bill suggests five years and my amendment suggests three. It suggests that the report should be presented to Parliament. This is not a controversial area, but some reassurances would be beneficial, so that everybody is clear where we are going forward.

Lord Addington Portrait Lord Addington (LD)
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My Lords, the “state of the game” report is one of those things that has been almost universally welcomed. It will look at this very big and complex industry, with a very successful top and struggling foundations—that is how the industry appears to many people.

My name appears on this amendment alongside that of the noble Baroness because of things such as social impact. We are doing this because it is reckoned to be an important subject that matters a lot to people, and we keep being told that it is a big business—the biggest invisible earner going. If we get a report that is too narrow, we will not be looking at this huge social impact and what goes on.

Many of the things that we are talking about here are out of scope of the main operation of the Bill, but they should be looked at somewhere. The women’s game is one that comes to mind, along with players, which these amendments propose would feature here. If we are not going to look at such things in the Bill, we should look at them in the “state of the game” report.

It is a huge subject that we are talking about here; we have taken on something that is quite brave. If we do not find out how it is functioning and what is going on, we will be missing a trick. I would hope that we would do this as soon as we can—having slightly more frequent reports, at least at the beginning, would not be a bad idea. The “state of the game” report is a huge opportunity for gathering a great deal of very useful information.

Lord Moynihan Portrait Lord Moynihan (Con)
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I support many of the points that the noble Baroness, Lady Taylor, has raised under Amendment 94. I see that the Chief Whip is in his place; he will be pleased to note that nine of the amendments that we are considering now came from the Labour Benches, and that we have reached page 6 of the Bill.

The noble Baroness made the important point that Parliament should receive and debate the “state of the game” report. I am perfectly happy for the regulator, if we are going to have one, to present the report. However, in presenting the report, full attention needs to be paid to factors relating to the community and social impacts of regulated clubs and the women’s game. It is impossible when looking at this overall—and the Bill says that:

“A state of the game report must include … an overview of the main issues that the IFR considers to be affecting English football”,


—not to consider the development in the women’s game. It is a central part of English football, as cited in the Bill.

There is one other area at which we need to look at a later stage, on which I have no intention of detaining the Committee this evening. The regulator is looking at English football clubs and the game in England, but 14 Premier League clubs are in multi-club ownership, which stretches far beyond our shores. That is much more than in any other league in Europe. That has significant impacts on the financial regulation of the game. It provides greater bargaining power in commercial contracts and increases significantly the brand reach of those clubs, while allowing for the pooling of resources. There is flexibility with player transfers and loans. Certainly, within the English game, there is prohibition control over the management of more than one club, and UEFA states that you cannot have one controller covering two or more clubs in the same European competition. All these are actually central financial issues, and they have to be considered in any assessment of the health of the game in England.

I am concerned—I hope the Minister can respond and help me with this—that, if the regulator is prohibited from looking at the impact of multi-club ownership, there is a huge amount of important material when it comes to understanding the financial health of the game in England that would be outside the remit of the regulator. If I am wrong on that, no doubt the Minister will say that the regulator is absolutely entitled to look at each and every aspect of the multi-club ownership that takes place, principally in the Premier League. I will not detain the Committee by going further, but I simply table the fact that I think it is an essential and central point in any state of the game report and of the work of the regulator moving forward, and I would appreciate any clarity that the Minister can throw on that this evening.