Football Governance Bill [ Lords ] (First sitting)

Debate between Louie French and Jon Pearce
Louie French Portrait Mr French
- Hansard - -

Thank you, Sir Jeremy; I appreciate your steer. My point is about definitions, but I appreciate that we will talk later about the scope of the Bill and the suitability of owners. The point that the official Opposition are trying to make is that the definitions should be more prescriptive about the multi-club ownership model. I hope you will allow me to carry on in that vein. I am sure I will make similar comments when we come to suitability.

If one of the clubs in a multi-club ownership runs into financial difficulty, it will surely draw resources away from the other clubs and put their financial stability at risk. As the Bill stands, the descriptions give no regard to that; rather, they seem to encourage that sort of behaviour as an obvious way to operate outside the scope of most of the regulator’s powers.

The City Football Group, which owns Manchester City, has stakes in clubs in Spain, France and Italy, and as far afield as Australia and Uruguay. Although that group is often held up as a successful example of the model, it raises legitimate questions, which we are seeking to ask today, about competitive fairness. In its own rules, UEFA has already sought to restrict clubs from competing in the same European competitions.

Not including multi-club ownership in this part of the Bill negates the Government’s claim that the Bill will promote competition. If anything, it seems that it will provide an open goal for the richest clubs.

As a football fan first, I know that supporters are frustrated by the tactics that the wealthiest clubs already use to avoid the financial fair play rules, and I am afraid the Bill will likely make that worse. We have seen UEFA act to ensure clubs such as RB Leipzig and FC Red Bull Salzburg restructure their ownerships to avoid breaching rules on clubs with shared control competing in the Champions League. UEFA recognises the risk to competitiveness, and the Government should too. The Minister must accept that UEFA is protecting competition across Europe, but she and the Government are actively putting competition at risk by not including accommodations for multi-club ownership in this part of the Bill.

I appreciate that giving the regulator complete carte blanche over the multi-club ownership model would likely violate UEFA’s rules. We know that UEFA has written to the Secretary of State about the Bill—she will not publish that correspondence—so why are the Government picking which bits they agree with UEFA on and which bits they do not? To be clear, we are not seeking to increase the regulator’s scope; instead, we want to apply consistent conditions to all owners, whether they own a newly promoted League Two club or some of the biggest clubs across multiple countries.

I am sure we will see more and more discrepancies between what the Government say and what the Bill will actually do as we continue through this Committee, but the fact that we have got only as far as schedule 1 in our first sitting and have found a glaring omission is proof that the Government need to look very carefully at how the Bill will operate.

Jon Pearce Portrait Jon Pearce
- Hansard - - - Excerpts

It is a pleasure to serve under your chairmanship, Sir Jeremy. I declare my interest as a member and the former chair of the RamsTrust. Given that my hon. Friend the Member for Derby South is also here, this is probably not the last time that we will get to talk about Derby County.

I welcome these definitions, which are hugely important as a balance against some of the tests of ownership. They will help to solve some of the problems that Derby County have faced. In October 2003, three individuals bought Derby County for £1 each. The three amigos, as they became infamously known by the fans, had no money of their own and initially refused to disclose who the actual owners of the club were. It turned out that the money the trio had used to support their takeover was a loan costing 10% interest a year from a company, the ABC Corporation, registered in Panama.

It was at that point that I joined the RamsTrust—the supporters’ group that campaigns for a stronger voice for supporters in the decision-making processes at Derby County. Obviously, such trusts play vital roles at other clubs across the country. The tireless efforts of the fans in scrutinising the activities of the management of the club led to four individuals being convicted for fraud and receiving substantial prison sentences. The definitions will certainly help; although those individuals would have passed any fit and proper person test because they had no previous convictions or previous evidence of fraud. That is why I welcome the provisions in the Bill.

Football Governance Bill [ Lords ] (Second sitting)

Debate between Louie French and Jon Pearce
Louie French Portrait Mr French
- Hansard - -

That is a fair question. We know how the media works. How can I put this? There is a desire for certain people to make certain comments that might be controversial. Our concern is that such comments could undermine the regulator straightaway. With the amendment, we are trying to be as clear as possible and avoid a headache down the line for the Government, so that the Bill not only covers interests such as shareholdings but ensures that no conflict of interest could arise from working for the regulator.

Jon Pearce Portrait Jon Pearce (High Peak) (Lab)
- Hansard - - - Excerpts

I think I understand where the shadow Minister is going on conflicts of interest, a subject that the hon. Member for Spelthorne raised, but can he advise me how the amendment would help in addition to paragraph 6(1) and (2) of schedule 2, which in effect says that nobody can be appointed to the board unless there is confirmation that they do not have a conflict of interest? If the conflict of interest test can be satisfied, I am unclear as to why the amendment is necessary.

Louie French Portrait Mr French
- Hansard - -

I am happy to answer the question, and I appreciate how it was put: it was not adversarial, but on a factual point. We are trying to clarify the point. In the Bill, as drafted, it is not clear what a conflict of interest is. The amendment seeks to make a specific example of an area that we think would be a particular problem for the regulator, and clarify what a conflict of interest is in this regard. I hope that that explains the amendment.

Jon Pearce Portrait Jon Pearce
- Hansard - - - Excerpts

With respect, in most areas of professional life, conflicts of interest will have to be declared. There is not an exhaustive list of what might constitute a conflict of interest, because that is almost impossible, so whether there is a conflict of interest is a matter of fact to be tested. I go back to the point that if we start defining what might constitute a conflict of interest, a limited amendment such as this one would have to become exhaustive. I do not see how that could ever be possible.

Louie French Portrait Mr French
- Hansard - -

I appreciate those comments. We will come on to conflicts of interest, and it is a question that I will put to the Minister, because the Committee and the House have to be clear and confident about what a conflict of interest might look like for the regulator. We will come on shortly to appointments to the expert panel. In such appointments, if there are no clear lines of accountability on what we believe to be conflicts of interest, I fear that we could have a situation like the one we have just had with the chair, in which the Government did not feel that there was a conflict of interest, but most people observing the appointment would say that there was a quite clear conflict, given the donations to the Prime Minister, the Secretary of State and the Labour party. Those are the points we are making, and I am happy to debate the matter further as we make progress. I have given the Minister some extra reading time on what I plan to ask about conflicts of interest.

A crucial point was made about how boards work differently in different sectors, and about whether conflicts are transcribed early on, so that everyone understands what we believe a conflict of interest is. We want to ensure that there are no vested interests in the process and that no one side will benefit from the simple fact that a chair is interested in that same side; that is the point my hon. Friend the Member for Spelthorne made. By accepting the amendment, alongside our other amendments, the Committee could ensure total independence of the chair of the regulator both from this Government and from industry insiders. That is our objective.

Amendment 114 would make it explicit that there must be a system for the chair of the board to declare their relevant interests. As we have discussed, this needs to be explicit within the Bill because of how the Government have conducted themselves in the appointment process. We have seen that this Labour Government cannot be trusted to run the process properly or ensure that full and proper declarations are made. The amendment would make sure that nobody in this Government’s regulator can avoid being transparent with the public on their conflicts of interest. This amendment has become necessary because of the Government’s actions and their disdain for Parliament and public accountability.

It could be argued that the Secretary of State has hidden her interest in the appointment process to date, especially because she did not declare her interest on Second Reading. This amendment would provide much-needed transparency on the future of the regulator and its chair, whoever he or she may be. I would like to think that Ministers are in favour of full and proper transparency, unless there is something that the Government wish to hide from us. As I said, we found out about the donations only at the last minute, through a declaration made to the Culture, Media and Sport Committee. This House would not otherwise have known. It troubles me deeply, regardless of which parties were involved, that Members made decisions without knowing about the donations.

Alongside amendments 117, 118 and 114, I have tabled amendment 115. As I have said repeatedly, this Government’s behaviour throughout the process has been nothing short of a disgrace. We found out about the appointee’s donations to the Prime Minister and the Secretary of State only via a Select Committee, and we did not know about them on Second Reading.

Without the appointee’s last-minute admission, we would have been in the dark. We do not know whether the Secretary of State would have been transparent about the donations she received. She has now recused herself, but we must remember that she nominated that person for the Select Committee’s consideration, which is a really important point that I am sure the independent Commissioner for Public Appointments will look at closely. We cannot allow this sort of cover-up to continue, as we need a sustainable independent regulator. Amendment 115 would make it clear that political donations should be declared as a relevant interest, as they have been proven to be by this Government.

I have also tabled amendment 116, which would ensure that politics is kept out of football. This debate is making me very uncomfortable as a football fan. I do not believe that politics should be anywhere near football, and it is because of this kind of issue. This has brought football into disrepute, and it is not just me saying that—it is across all the sports pages.

I am concerned about politics being dragged into football, and this amendment would require that the chair is not a member of a political party and does not publicly campaign or demonstrate support for one. It has been drafted in line with other such roles where chairmen are required to be politically neutral. Again, I believe this is common sense, and I hope all Members would support it.

Once again, this is an issue of trust and of establishing the true independence of any football regulator brought in by this Government. Requiring the chair of the board not to be a member of a political party or to campaign in a political way would protect the integrity of football and the regulator.