Football Governance Bill [HL]

Lord Parkinson of Whitley Bay Excerpts

Report stage
Tuesday 11th March 2025 Lords Chamber

Moved by

[Lord Parkinson of Whitley Bay]

1: Clause 1, page 1, line 4, leave out subsection (1) and insert—
“(1) The purpose of this Act is to protect the financial sustainability and success of English football.(1A) The Secretary of State must, in taking any action under this Act, have regard to this purpose.(1B) The Independent Football Regulator must, in exercising its functions under this Act, have regard to this purpose.”Member’s explanatory statement
This amendment alters the purpose clause to include financial sustainability and success, and to give legal effect by requiring the Secretary of State and the IFR to have regard to that purpose.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I begin this first day on Report by thanking the Minister for her considerable engagement on the Bill. It is nearly two months since Committee finished, and I am sure that scarcely a day has passed in the weeks that have intervened without her talking about this Bill with the Bill team or with colleagues across your Lordships’ House. I am particularly grateful, on my behalf and that of my noble friend Lord Markham, for the many meetings she has had with us on the Opposition Front Bench to talk about it. I know she has spent a great deal of time talking to noble Lords from across the House.

I also welcome the government amendments that she has tabled, some of which develop thoughts raised on all sides of the House in Committee, demonstrating that she and her team have listened to some of the concerns that we raised in Committee and that she has heard those from all sides of the House.

I particularly congratulate the noble Lord, Lord Bassam of Brighton, and the noble Baroness, Lady Taylor of Bolton, who have seen a lot of the issues they raised—through, I think, more than 100 amendments in Committee—taken forward. I hope we might yet still be able to persuade the Minister of one or two others, but we thank her for the amendments she has brought forward.

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Of course financial sustainability is a critical part of this. However, if a club’s balance sheet remains healthy but it up sticks, moves 60 miles away and changes its name, badge and shirt colours, that would not continue to serve the interests of its fans either. For that reason, I must ask the noble Lord not to press his amendments, but I hope we can count on support for the government amendment, which we believe achieves our shared goal on growth.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I am very grateful to the noble Baroness for that reply and for the recognition that the Government also want to see the growth of English football in non-financial ways such as she set out. I take the points she made about the drafting and the need for precision in this Bill, so I thank her for her engagement on that point as well.

I congratulate my noble friends Lady Evans of Bowes Park and Lady Brady, in particular, who raised the issue of growth in Committee. As I say, I am glad that the Government have brought it forward, as it is consistent with what they are doing vis-à-vis many other regulators—so I am glad that we have the government amendment here. I am glad, too, for the recognition that the regulator and all who care about English football will be focused on prospective fans as well as current ones. This is more than just a preservation order being slapped on football; it is something to encourage its sustainability and growth.

As my noble friend Lord Maude of Horsham said, it is welcome to see the change from some of the responses that we had in Committee. I thank the Sports Minister for the apology that she gave to my noble friend Lady Brady, following an article that she wrote in the Daily Mail. I think that that was appreciated by my noble friend and the others who were mentioned in it.

I thank the noble Lord, Lord Pannick, for his lawyer’s point, which I take on board. I would have been very happy if the Minister had said that she would accept just proposed new subsection (1)—but I heard also what the noble and right reverend Lord, Lord Sentamu, said. I proffered Amendment 1 in the spirit of compromise, but in the spirit of compromise I am happy to withdraw it and move on to other amendments.

Amendment 1 withdrawn.

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[Lord Fuller (Con)]

My Lords, if what we have heard from the noble Baroness, Lady Brady, is true—UEFA would say that, wouldn’t they?

[Lord Parkinson of Whitley Bay (Con)]

My 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—

[Lord Bassam of Brighton]

My Lords—

[Lord Parkinson of Whitley Bay (Con)]

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.

[Lord Bassam of Brighton (Lab)]

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?

[Lord Parkinson of Whitley Bay (Con)]

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.

[Baroness Twycross (Lab)]

My Lords, I had been slightly unnerved by the tone of the debate up to this group. I now feel myself in much more comfortable territory—under attack and revisiting the issue of international competitions.

I understand the intent of the amendments from the noble Lord, Lord Moynihan, to put beyond any doubt that the Bill and the regulator will not breach UEFA or FIFA statutes. I would like to thank him for his time, both in writing and in meeting myself and officials. However, I would like once again to reassure your Lordships’ House that these amendments are not necessary. At the very least, they are trying to solve a problem that does not exist; at worst, they attempt to create an issue that does not exist.

I would be a brave and foolish Minister if I proposed legislation that risked us being banned from international competitions. UEFA has again confirmed in writing with the Secretary of State, just last month—and, as the noble Lord, Lord Goddard of Stockport, and other noble Lords, including my noble friends Lady Taylor and Lord Bassam highlighted, the FA confirmed directly to noble Lords, including the noble Lord, Lord Moynihan, just yesterday—that the Bill, as drafted, does not breach UEFA statutes.

The regulator will be operationally independent of the Government and will not exert an undue influence on the FA’s ability to govern the game. The extent of its statutory powers and duties will simply not allow it to do so. I know that there have been requests to see the letter that UEFA has sent to the Government that was leaked to the media last year. I wrote to UEFA, following the conclusion of Committee, asking whether they would be content for me to release the letter, but they replied that they would rather that communications be kept private. It is important that I respect this request to ensure that the Government can continue to have honest and constructive conversations with our stakeholders.

I turn to the issue of the FOI. This is—

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[Lord Moynihan (Con)]

My Lords, in moving Amendment 6 I shall speak also to my Amendment 82. The purpose of Amendment 6 is found in the Delegated Powers and Regulatory Reform Committee report of 20 November last year. It makes the very reasonable point that, in a Bill of this kind, it is probably wise and helpful to state in it whom it refers to. The fact of the matter is that the Bill makes no reference to whom it refers.

The committee says that

“the Bill’s scope and purpose should appear clearly in the Bill. Clause 1 … states the purpose of this Bill as being to protect and promote the sustainability of English football. Yet the meaning of ‘English football’ (and therefore the remit of the IFR) is incomplete and requires filling out in regulations made by the Secretary of State. We recommend that the power of the Secretary of State in clause 2 to define ‘specified competitions’ should be removed from the Bill”.

This is because it is self-evident and clear that the

“Government policy is … that the top five leagues of the men’s professional game should be regulated”.

It concludes:

“This policy should appear in primary legislation, not be relegated to secondary legislation”.


It is fairly rare that a Bill of this magnitude and importance—certainly in sport—does not say to whom it refers but instead says that, in due course, the Secretary of State will come forward and tell us to whom it refers.

An argument has been put forward that if the Bill said to whom it refers it would make it hybrid. It is indeed interesting that, in describing this amendment, the Government called it a hybrid amendment—but it is not at all. As far as I was concerned when tabling it, it was to put in the Bill to whom this legislation refers, which seemed self-evidently sensible. However, I can see that there is the possibility that saying to whom it refers can turn it into a hybrid Bill—some people would hold that view. I was advised by the head of public Bill procedure that my amendment would put certain leagues in the Bill as leagues that need to be included in the independent football regulator’s remit, as set out in regulations.

The regulation-making power in Clause 2(3) does not specify any leagues and has a dehybridising provision attached to it. So it is interesting that, without naming the clubs or the leagues to which this legislation refers, the Bill still has a dehybridising provision attached to it.

I assume that the Government recognise that, if the Bill said to whom it referred, there was a possibility that this would make it hybrid. The way that this has been done so far is by avoiding putting a hybrid provision in the Bill, in that there may not be a genuine class of football clubs playing in certain leagues but not others. In the view of the officials, the leagues specified in my amendment do not form a genuine class. Therefore, if the House agreed to my amendment, the Bill would be at a high risk of becoming hybrid. I do not want to put that to a vote and test the will of the House because there is clear evidence, in both Houses, that there is a will to move forward with this legislation. If there is therefore a move by the Government to avoid it being tested for hybridity by putting the clubs and leagues into secondary legislation, that is the decision that underpins the Government’s wish to enact this legislation.

However, I will move this amendment because it is important to try not to avoid saying to whom and to which competition the Bill refers. When we scrutinise legislation we need to know to whom it refers. It is neither sensible nor wise to bring legislation forward before either House without clarity on that point. Therefore, I believe that the Delegated Powers and Regulatory Reform Committee made an important point for the House to consider. I beg to move.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I agree with my noble friend Lord Moynihan that the name of this group on the list circulated by the Government Whips’ Office is a little unfortunate. This is an important issue into which we stumbled unwittingly in Committee. It is not clear that even the amendment which my noble friend Lord Moynihan has moved would make the Bill hybrid. This is a question which needs to be considered separately. Both in the amendment which my noble friend Lord Markham and I brought in Committee, and in the other amendments brought by the noble Baroness, Lady Taylor, and the noble Lord, Lord Bassam, relating to National League North and South, we stumbled across the conundrum that my noble friend Lord Moynihan has set out: that, by trying to say in the Bill whom it regulates, there was a risk that it would have to be considered hybrid and dealt with in that way.

As my noble friend has said, this reflects the concern raised by the Delegated Powers and Regulatory Reform Committee of your Lordships’ House. In its eighth report, it recommended explicitly that this delegated power be removed from the Bill. It said:

“Government policy is clear—that the top five leagues of the men’s professional game should be regulated. This policy should appear in primary legislation, not be relegated to secondary legislation”.


It is unfortunate that we have been unable to find a way around this problem. In one of the meetings which my noble friend Lord Markham and I had with the Minister and the Bill team between Committee and now, we asked them to go back to parliamentary counsel to see whether there was another way around this. No other way has been found, which is unfortunate.

I take the point that the Minister made in our conversation that it is very clear who is being regulated by this Bill in the first instance. There has been a lot of consultation with them, both during the previous Parliament and in this one. My concern, reflected in my Amendment 85, is about those who might be brought into scope—say the women’s game, or the National League North and South if, in due course, future Governments were to agree with the point that the noble Baroness, Lady Taylor, and the noble Lord, Lord Bassam, made in Committee. There are plenty of people in football who have not had the same degree of engagement with this Bill that the top five leagues have had which has got us to this point. That is why I tabled my Amendment 85, which concerns the dehybridising provisions of the secondary legislation that might be brought forward by this Bill to try to ensure that those football organisations that might come under the scope of the Bill in the future can have the same level of consultation and opportunity to give their views that the top five leagues in the men’s professional game have had hitherto.

I am grateful to all the minds that have been applied to this problem and to the members of your Lordships’ Delegated Powers and Regulatory Reform Committee for highlighting it. I regret that we have not been able to find a way of saying in the Bill who is being regulated but, as my noble friend Lord Moynihan said, none of us wants to delay the Bill by exploring this point further. I look forward to hearing what the Minister has to say.

[Lord Addington (LD)]

My Lords, this is an interesting one: hybridisation being caused, in effect, by naming some clubs, or rather the structures. The main thing here is that we want the Bill to progress. Any danger of hybridisation is something that we want to avoid. Thus I shall be resisting these amendments.

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[Lord Goddard of Stockport (LD)]

My Lords, we are on the same lines as the noble Lord, Lord Pannick, on the degree. Naturally, the removal of

“a higher degree of influence”

seems to be watering down the regulatory powers of the regulator. That is a very dangerous road to go down. I would like to hear what the Minister has to say about that. If Amendment 7 were pushed to a vote, we would not support it.

[Lord Parkinson of Whitley Bay (Con)]

My Lords, I thank my noble friend Lord Moynihan for the forensic way he set out the case for his Amendment 7. The example with which he illustrated it—one he has used throughout the passage of this Bill—is certainly one that captured my attention, coming from Whitley Bay. It is causing some concern across Tyneside and among Newcastle United’s many fans across the world. I would be failing in my Geordie duty if I did not take this opportunity to wish the team the best of luck for the Carabao Cup this weekend.

I understand that the Minister cannot speak for a regulator that is to be independent and that does not yet exist, but I hope she will be able to say a bit about the implications of the Bill, such as the one that my noble friend Lord Moynihan set out. It clearly has some very serious consequences, not just for Newcastle in the example he has given but potentially for other teams in the future. I look forward to hearing what she says.

I want to say a little about my two amendments in this group, Amendments 46 and 47. As we said in Committee, among the many changes the Government have made to the Bill, compared with the Bill that the previous Government brought forward in the previous Parliament, was one we understand the case for. In the earlier version of the Bill, there was a provision stating that the regulator must have regard to the Government’s foreign and trade policy when making determinations for the owners’ test. This is an example of a concern that UEFA raised. That has been reported publicly, and the Government were very clear when they made the change to the Bill now before us that it was in response to concerns by UEFA that this undermined the independence of the regulator and that if it was to have regard to the Government’s foreign or trade policy, it would be too close to the Government’s view, in the eyes of UEFA.

I can understand the rationale for making that change, but in Committee I expressed some concerns about the unintended consequences of that and the potential loopholes. I gave the example that if there were to be two potential foreign owners of a club, one from a friendly nation and one from a nation with which this country does not enjoy friendly relations—we can all think of some examples that would spring readily to mind in the troubled world we face today—we would all be clear on which way we would like to see the independent regulator come down, even if the Government are not able to direct it, or if it is not able to have regard to the Government’s foreign policy.

My Amendment 46 would insert a provision highlighting

“whether the individual is reasonably believed to be, or have been, involved in terrorism related activity”.

I am sure that noble Lords would not want such a person to be an owner or director of one of our prominent football teams.

Amendment 47 sets out a number of agencies—the National Crime Agency, the Security Service, the Serious Fraud Office and others—that the new regulator may consult in carrying out its test. I have watered down my amendment from Committee to say “may consult”, not “must consult”, in the hope that this will find some greater support from the Government. I understand the reasons for the change that they have made to the Bill, but I do hope that the noble Baroness will be able to look at these ways in which we might be able to tighten up the potential for a loophole, so that we can avoid seeing the sorts of people that none of us want to see taking control of English football clubs.

[Baroness Twycross (Lab)]

My Lords, I thank the noble Lords, Lord Parkinson, Lord Moynihan and Lord Fuller, for tabling their amendments, as it provides me with the opportunity to restate the Government’s position on these points and provide some clarification. I join the noble Lord, Lord Parkinson, in wishing Newcastle good luck in their forthcoming match. We can agree on some things in your Lordships’ House.

I start with Amendments 7 and 28, in the name of the noble Lord, Lord Moynihan. Before I go into a bit more detail, I would like to clarify whether incumbent owners or officers could be tested. Indeed, they can be tested. The regulator can test incumbent owners or officers where it has grounds for concern about their fitness or, for owners only, the source of their wealth—but, I repeat, only where there are grounds for concern. It is vital that we have a strong definition of an ultimate owner in order to give transparency to fans and hold owners to account. The Government are intent on providing the regulator with the tools to identify the ultimate owner as accurately as possible.

On the point from the noble Lord, Lord Moynihan, point on precedent, this is why the Bill’s drafting takes its lead from the precedent of other Acts using “influence or control”, including the Companies Act’s “persons with significant control” regime, and the economic crime Act’s “beneficial owners” regime. We are confident that we have the correct definition to achieve the Bill’s aim. It ensures that an individual who exerts significant influence over a club, more than that of any other owner, can still be identified as the ultimate owner even if they do not have formal legal control. In fact, without this definition, ultimate owners could circumvent regulation. It is fundamental that clubs have suitable custodians in order to secure the future of clubs and, most importantly, to protect the game that fans hold so dear. For these reasons, I hope that the noble Lord can understand the importance of the definition.

I turn now to Amendment 28. As I outlined in Committee, I agree that it is important that the industry has certainty as to what the regulator will consider significant influence by owners. That is why the Secretary of State’s guidance will be produced in good time in order to give this clarity. I want to make it clear that the Bill’s provisions that define “owner” in Clause 3 and Schedule 1 come into force on the day the Bill becomes an Act. That means that the obligation for the Secretary of State to produce this guidance comes into force on that day.

We have taken on board the valuable points the noble Lord raised in Committee. After looking at this again in detail, we stand by our position that the intent of this amendment is met without needing to change the Bill. We do agree that, before guidance is produced, clubs should not be expected to identify those who meet the definition of an owner by exercising significant influence or control. I would therefore like to provide greater reassurance that the scenario the noble Lord is concerned about should not be an issue. I can commit that the Secretary of State’s guidance will be produced before clubs are required to identify their owners who meet the definition of having significant influence or control to the regulator.

In response to the point from the noble Lord, Lord Pannick, on why we have not defined “significant influence and control” on the face of the Bill and are putting it in guidance instead, this approach is based on precedent. As I mentioned, the Companies Act also sets out the definition of “significant influence or control” in guidance rather than legislation. The Secretary of State’s guidance will give clarity to owners about who meets the definition.

Turning now to Amendments 42, 43, 44 and 45 in the name of the noble Lord, Lord Fuller, I think it was a bit cheeky and that one should take a slight exception to the notion that Delia Smith is just a cook. I would argue that she is, through her professional career, arguably also a highly successful businesswoman. Leaving that point aside, however, the requirement to notify is there for a reason. Keeping unsuitable owners and officers out is a core part of the regulator’s regime. We want the regulator to block these individuals from entering the system, and not to have difficult, costly battles to remove them after the fact. So it needs to know who a club’s respective new owners and officers are before they buy or join the club. Put simply, the regulator needs to be able to gather the information that it needs to test them and work with them and the club to ensure that they submit a proper application in good time. It will help the regulator prepare to act quickly when it receives the application.

Clause 27 plays another important function. If a person has, for whatever reason, become an owner or officer of a club without the regulator first having found them suitable, they still have to notify the regulator as soon as possible after the event. Without this provision, there could be untested, unsuitable individuals in the system that the regulator was unaware of.

I move now to Amendment 46, in the name of the noble Lords, Lord Parkinson and Lord Markham. We agree that it would not be right for money related to terrorism to find its way into our clubs. The Bill, as already drafted, already stops that through its provisions on serious criminal conduct. Serious criminal conduct includes offences listed in Section 41 of the Counter-Terrorism Act 2008. That is an extensive list of terrorism-related offences, ranging, to name a few, from membership of a banned organisation to encouraging terrorism to offences related to funding terrorism. Serious criminal conduct, including these terrorism offences, is considered under the ODT “source of wealth” and “honesty and integrity” tests. The club licensing regime lets the regulator block funding that is connected to serious criminal conduct. That is why we are confident that the Bill appropriately and thoroughly deals with terrorism-related activities.

Finally, I turn to Amendment 47, also in the name of the noble Lords, Lord Parkinson and Lord Markham. I am pleased to have another opportunity to highlight the information-sharing agreements that the regulator can and will use to its advantage. I absolutely agree that the regulator may need to work closely with other organisations and stakeholders when exercising its wider functions. I am grateful to the noble Lord for the discussions we have had on this point.

The Bill establishes a gateway for the regulator to share information with a range of organisations, including HMRC, the National Crime Agency and the Serious Fraud Office. It also creates a specific gateway for HMRC to share information with the regulator and empowers the Secretary of State to create other such gateways by regulations, as needed. The regulator may already consult whoever it needs to in order to make robust decisions. The regulator will seek information and expertise from relevant organisations to help it to stay live to both national and international concerns. The shadow regulator is already building a strong relationship with the NCA and law enforcement to ensure that the regulator is in a strong position to gather and receive the information it needs. We are confident that the Bill adequately empowers the regulator to gather such information. For the reasons I have set out, I would be grateful if the noble Lord could withdraw his amendment.

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[Lord Parkinson of Whitley Bay (Con)]

My Lords, I thank the Minister for the two government amendments in this group. They reflect amendments I tabled in Committee. The first reduces the frequency with which the Secretary of State may revise the football governance statements, bringing it more in line with the parliamentary cycle rather than every three years. The second removes the Secretary of State’s power to amend the definition of the football season. This always seemed a disproportionate power. Why a Cabinet Minister ought to define a football season is a point that has bemused many football fans. I am grateful to the noble Baroness for Amendments 24 and 87, which she has brought forward on those points.

Like other noble Lords, I applaud my noble friend Lord Ranger of Northwood for his passionate speech in favour of his Amendment 27, which seeks to require the regulator’s annual report to include a review of the impact of its activities on ticket prices. The important argument here is not that the regulator should dictate ticket prices to clubs. I recognise the point that the noble Lord, Lord Hogan-Howe, made about how clubs often try the patience of their fans, but it is a commercial decision for clubs to take. There is a distinct possibility that the activities of the new regulator may force clubs to increase ticket prices further.

This is different from the point that the noble Lord, Lord Bassam of Brighton, made in pointing to the duty already in the Bill. The regulator will charge a levy to clubs. It will bring in higher compliance and legal costs, and many clubs will have to hire extra staff to comply with the new legal duties. That is all acknowledged in the Government’s impact assessment. When we couple that with the Government’s job tax, the increase in the minimum wage and the impending duties in the Employment Rights Bill, we can see that football clubs will be facing significant cost pressures over the coming years.

Inevitably, the only solution for many clubs—here I am thinking not predominantly about Premier League or Championship clubs but about clubs in League Two and the National League, which are the smaller and less well-off clubs—will be to hike ticket prices to offset these new and increased costs. It is clear that we need this assessment of the impact of the regulator’s actions on ticket prices. If Parliament is to give its assent and create this regulator, I think it owes it to fans to make sure that the impact of that cost is properly accounted for.

The noble Baroness, Lady Fox, my noble friend Lord Ranger and others have reflected on the fact that fans have very high expectations of this Bill and this regulator. They hope that the Bill, including the provisions in Schedule 4, will allow them to benefit from lower ticket prices, but I fear that the reverse is likely to be the case—higher costs leading to higher ticket prices for fans. I hope that my noble friend Lord Ranger will pursue his point on behalf of football fans across the country.

I am pleased that my noble friend Lady Brady has retabled her very sensible amendments to ensure that the regulator publishes guidance, not just to its functions under Clauses 21 to 25 but to its functions under the whole Bill. The regulator needs to translate the somewhat abstract powers and duties set out in the Bill into a more detailed and cohesive explanation of the rules it will be producing to support clubs in understanding precisely what will be expected of them. If it does that clearly, that may go some way to mitigating the costs that the new regulatory regime will impose on them. My noble friend’s Amendment 25 is a very simple one, but its impact would be helpful to all clubs facing these new regulations.

To the noble Baroness, Lady Jones of Moulsecoomb, the right reverend Prelate the Bishop of Sheffield and my noble friend Lord Gascoigne, I must regretfully say that I cannot support them on the amendment they have spoken passionately about. As I set out in Committee, we worry about the propensity for mission creep here. They have very wisely chosen to put their initiative behind Amendment 13, which is the more modest of the two and reflects an Act of Parliament that has already been passed with duties under it. While we cannot support the noble Baroness’s Amendment 13, neither will we oppose it if she presses it to a vote.

With renewed thanks to the Minister for the government amendments in this group, I look forward to her response.

[Baroness Twycross (Lab)]

I am not sure I have many original thoughts either, although I will try to address the points raised during the debate, starting with Amendments 12 and 13 in the name of the noble Baroness, Lady Jones of Moulsecoomb. I thank her for these amendments.

I am really comfortable with her absolute determination—as is her right—to raise environmental issues in every single way at every point of our deliberations in your Lordships’ House. The noble Baroness is right that we need to limit our impact. I note that she has support from the noble Lords, Lord Hogan-Howe and Lord Gascoigne, demonstrating her incredible ability to forge unlikely—some might say unholy—alliances with very noble aims. I apologise to the right reverend Prelate; I am not referring to him in that sweeping statement.

The Government are absolutely committed to environmental sustainability. One of the Prime Minister’s five national missions is to accelerate the transition towards clean energy and ensure that the UK fulfils its legal obligation to reach net-zero emissions by 2050. I agree with the noble Baroness, Lady Jones, and other speakers, including the right reverend Prelate the Bishop of Sheffield, that as a huge part of our national psyche, all sports, including football, have an important role to play in this transition.

The Government expect authorities across the sport to be working together to advance environmental sustainability. However, we do not feel it is right to add environmental sustainability to the regulator’s objectives or general duties. The bar for statutory intervention in any market should be very high. That is why the regulator’s focus should be on the problems that football has clearly shown itself to be unable to properly address through self-regulation.

By contrast, football has demonstrated the ability to take action on the environment. You only have to look at Forest Green Rovers as a brilliant example of a club taking action on environmental issues lower down the pyramid. At the highest level, the Premier League’s new sustainability pledge, involving a new minimum standard of action on environmental issues across both the clubs and the league, is another good example. This is only a starting point upon which future initiatives must build. Football authorities must take more proactive steps to accelerate their environmental initiatives. However, it is within the gift of the leagues, clubs and other authorities across the game to do so without government intervention.

This Amendment would also constitute scope creep, as highlighted by the noble Baroness, Lady Fox—something that I know noble Lords all agree we should be wary of, not least with the additional burdens it would impose on the regulator and the industry. Therefore, I hope the noble Baroness will not press these amendments.

Amendment 25 in the name of the noble Baroness, Lady Brady, seeks to bind the regulator to produce guidance on every aspect of its functions. In our view, this is disproportionate and would be a significant burden on the regulator. We are not aware of a precedent for any regulator being required to publish guidance about every single aspect of its functions. In many cases, it would be unnecessary and not relevant to clubs or competition organisers. This would involve engagement and consultation with clubs, adding significant burdens to them. The regulator will, where necessary, produce guidance in consultation with relevant stake- holders, in line with its duties and principles. I therefore hope the noble Baroness will feel sufficiently reassured to not move her amendment.

On Amendment 27 in the name of the noble Lord, Lord Ranger of Northwood, regarding ticket prices, the annual report is clearly a vital mechanism for the regulator to be held to account. I understand the desire to ensure that this report is comprehensive and covers necessary detail. It was really helpful to have his explanation of the intent of his amendment. I recognise how important ticket prices are to fans and recognise the noble Lord’s determination to raise this important issue on behalf of fans.

Ticket pricing is ultimately a matter for clubs. That is exactly why this Government have made it explicit in the Bill that clubs must consult their fans on ticket pricing as part of their fan engagement. This is the way to ensure that fans can have their voices heard on such an impactful issue; the annual report is not the most effective place to achieve this. The regulator may well choose to look at ticket pricing as part of the “state of the game” report. However, as it is a commercial decision, the regulator will not intervene, aside from ensuring that clubs consult their fans.