(2 days, 20 hours ago)
Lords ChamberMy Lords, there is an absurdity and a very serious point at the heart of this debate. We have talked a lot about a letter that we have not seen and which, in answer to a Freedom of Information Act request, the department says it cannot find within three and a half days, and within £600, even though the Minister referred to it from the Dispatch Box during our debates in Committee.
This letter is assuming an almost mythical status, which is unhelpful to this debate; that is reflected in the frustrations that have been expressed today and were expressed in Committee. We would be helped enormously if we could see it. We know that UEFA had expressed concerns about the Bill in the letter that has not been shared. Noble Lords rightly want to ensure that those concerns have been allayed, because of the very serious ramifications they would have for English teams competing in international competitions.
I am grateful to my noble friends Lord Moynihan and Lady Brady—with their great experience from their own involvement in football—as a former Sports Minister who understands the byzantine world of international sports regulation better than most Members of your Lordships’ House in pursuing this point.
I take on board what noble Lords have said about the private briefing that they were able to attend yesterday and the assurances that were given by the FA on behalf of UEFA, but it would be awfully nice to hear this from the horse’s mouth. We know that UEFA wrote expressing concerns about the Bill earlier in its passage, and it has not said anything further. I find its silence deafening. We are asked to accept reassurances passed through an intermediary to a private meeting of your Lordships. It seems to me that this matter could be settled either if the noble Baroness was able to reveal the letter that we are all searching around and shaking a bucket to collect £600 to allow the department to find under the Freedom of Information Act, or if she could say a bit more, or if UEFA would say this to us directly, or if—in the absence of that, and in the face of the deafening silence—we could put in the Bill what seems to be a reflection of the Government’s own position. I take what the noble Lord, Lord Pannick, says—
I will give way in a minute. I take what the noble Lord, Lord Pannick, says about the income generation that this will provide to sports lawyers, but I think he would accept that there is plenty in this Bill for sports lawyers to get involved with in the new regulatory regime that it ushers in, and I suspect that they will find plenty to occupy them, with or without this amendment. I give way.
I ask the noble Lord whether he would have been in the habit when he was a Minister of revealing the contents of private correspondence?
I was always in the habit of complying with the Freedom of Information Act and, in this instance, my advice to the noble Baroness would be to give us as much as she can about UEFA’s concerns. It is very clearly a matter of concern here in your Lordships’ House. I hope the matter can be settled. Maybe the noble Baroness can say a bit more about the correspondence that she has had with UEFA but, if not, I hope that my noble friend Lord Moynihan will continue to pursue this important issue.
(2 months, 3 weeks ago)
Lords ChamberMy Lords, I will try to put the noble Lord’s mind at rest. Most regulators are financed by the industries that they regulate, and the noble Lord knows that; he knows a lot about regulation. Given that there may be, from time to time, a need to strengthen the capacity of clubs lower down in the pyramid to operate, comply with regulations and all the rest of it, it is not unreasonable for the IFR to have the ability and capacity to exercise a levy.
The Premier League is generating considerably large sums of money and, although the distribution down the pyramid looks extremely generous in raw number terms, it is worth being reminded that some 92% of the revenue generated ends up being maintained by the Premier League and those five clubs in the Championship that receive parachute payments and the rest. There is a lot of money here, and we need to make sure that the regulator has the capacity to intervene in a way that is entirely fair. Later amendments deal with some of this issue, but we should have that at the front of our minds when we consider this.
My Lords, we look forward to hearing what the Minister says about the amendments in this group, although I think, as my friend Lord Maude of Horsham pointed out, we are all listening with different hopes and expectations about what she may say.
Briefly, my Amendment 256 in this group specifies that the regulator must consult the Chancellor of the Exchequer rather than His Majesty’s Treasury in the abstract. It seeks to ensure a clearer line of accountability and strengthen the governance structure for decisions relating to the levy. The Chancellor might well delegate this responsibility, but she should be accountable in law and the Bill ought to point to her as the Minister at the head of that department and not anyone else at the Treasury. I look forward to the noble Baroness’s responses to the amendments in this group.
(3 months, 1 week ago)
Lords ChamberI am sorry to hear that from the Minister; it does not give us much more than we had in the debate on Monday. I thank her for restating it, but I do not think it has engaged with the point that my amendment seeks to provide, which is allowing that flexibility to answer all the policy questions that she has set out, but also giving the clarity in law to the leagues that will be regulated by the Bill. As far I can see, the only material difference between accepting my Amendment 19 and proceeding in the way she wants to is that it would allow those leagues to petition Parliament and make their voices heard more clearly. That would be a good way of hearing from those who will be affected by this law.
I was struck by the sage advice from the noble Lord, Lord Goddard, who is acting as referee on this matter. This is something we will have to return to, and I am grateful to the clerks who alerted me to it. We will have to think about the question of hybridity and the right of football clubs and leagues to make their views known on this legislation, as the Minister and I have both just come to understand. The Committee has, through the course of this and Monday night’s debate, been able to begin considering it, and we should continue to consider it between—
If the noble Lord insisted on this being included in the Bill, what would his response then be to further proceedings on the Bill?
I am interested in making sure that the Bill passes. I have been very clear from Second Reading onwards that we want to see it pass, that we want a regulator to be set up and that we want football to be protected and well governed. However, we want it to be done in a way that is not unduly burdensome, is proportionate and genuinely protects what is a hugely enjoyed pastime, a vital export and a group of hugely successful businesses for this country.
Thanks to the noble Lord’s Amendment 21 and my Amendment 19, we are given the opportunity to pause and consider whether we can have deeper and more fruitful conversations with those leagues and clubs to make sure that we get this legislation right. That is a question worth pondering with greater patience than I think we have seen from the Government Benches so far. I will certainly continue to consider it, and I hope that other noble Lords will do so too. For today, and in the interest of making further progress with our Committee deliberations, I beg leave to withdraw.