Football Governance Bill

Mark Hendrick Excerpts

2nd reading
Tuesday 23rd April 2024 Commons Chamber

[Thangam Debbonaire]

I thank my right hon. Friend for that intervention. She rightly pays tribute to the hon. Member for Chatham and Aylesford, although Karen Carney has also made a substantial contribution in leading the Carney review. I read the review with interest—it was great—and I believe my right hon. Friend may be aware of it. It is certainly worth Members giving it a detailed read; it deserves all of our attention. I am really proud of the fact that the English women’s game is growing so strongly and so well, and that it is inspiring so many women and girls to get active and get fit. The work of the hon. Member for Chatham and Aylesford, combined with the Carney review, sets in train exactly what my right hon. Friend is looking for: strength in our women’s game, which deserves it and deserves our admiration. It is bringing in new audiences all the time, which I think is fantastic.

Thirty years ago, English Football League revenues were 75% of the Premier League’s; today they are just 6%. The gap then was £11 million; it is now £3 billion. It is not that that income is not distributed from the Premier League—it is. It is because increasing amounts are spent on parachute payments, which are made to clubs relegated from the premier league for up to three seasons. I respectfully remind the ministerial team that it was the Government’s own White Paper that recognised the scale of these payments and that they can have unintended consequences.

[Sir Mark Hendrick (Preston) (Lab/Co-op)]

My hon. Friend referred to parachute payments. Does she feel that the inclusion of the clause that prohibits the parachute payments as “relevant revenue” is already prejudging the outcome of the state of the game review? It is excluding them to start with, rather than leaving the question open until the review is done.

[Thangam Debbonaire]

My hon. Friend raises a really important point. It is so important that the state of the game report leads the way, and that the regulator is allowed to look at the evidence and have the scope to intervene where that is necessary. I fear that the Secretary of State may inadvertently have confused the issue in her earlier remarks, although I think she began to clarify it. I would be grateful if the Minister could further clarify it in his summing up, as there is some remaining confusion.

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[Sir Mark Hendrick (Preston) (Lab/Co-op)]

It is a pleasure to follow the Chair of the Committee, the hon. Member for Gosport (Dame Caroline Dinenage). Following the fan-led review by the hon. Member for Chatham and Aylesford (Dame Tracey Crouch) in 2021, I spoke in a Westminster Hall debate on a petition on this issue. I said in that debate, and I reiterate today, that the current disparity between the rich and poor and the selfish nature of the elite clubs need remedying. This Bill does not do justice to some of the issues that the hon. Member for Chatham and Aylesford raised in her report, particularly with regard to grassroots football, women’s football, anti-discrimination and equal opportunities, but I am sure that those issues will be covered by later legislation in due course.

Football in this country has become a story of the haves and have nots, and regulation is desperately needed to ensure the health and prosperity of the game at all levels, not just in the premier league. I therefore welcome the Bill, and support the creation of a single, independent football regulator. At a time when the game has become an international sporting juggernaut and a global commodity with revenues greater than ever before, the financial and long-term sustainability of the football pyramid has never been more at risk. Too many historic clubs are on a cliff edge, about to fall off it and face the fates of historic clubs like Bury, which has disappeared, and Bolton and Wigan, which have struggled since.

This is why new legislation is crucial. Fans need a greater voice in the running of their clubs, and there needs to be a better means test for owners and directors to ensure fiscal sustainability and to root out the financial mismanagement that has plagued too many clubs, through the actions of foreign investors or those of domestic owners who have done the same things. An independent football regulator should ensure that English football continues to serve the interests of regulated clubs, while also contributing to the economic and social wellbeing of the local communities associated with those clubs. However, a regulator should also be a watchdog, and a watchdog without any teeth will not be much of a regulator, which is why it is essential for this regulator to have the powers to do its job properly.

The financial gap between the Premier League and the English Football League has reached a critical point. Thirty years ago EFL revenues were 75% of the Premier League’s, but today the proportion is just 6%. The gap then was £11 million; it is now £3 billion. At this pace, the football pyramid is untenable and the financial gulf between the two leagues—and across all levels—continues to worsen, but there is no doubt that there is enough money in the collective pot to achieve sustainability at all levels if the game’s revenue is distributed in the right and fair way, coupled with proper governance and organisation.

As it stands, the Premier League continues to rule the roost when it comes to English football, but some top-flight clubs have shown that they are incapable of self-regulation. We need only look at some recent financial breaches to see that the Premier League is nowadays not in a position to self-govern and regulate the sport when it struggles to keep its own house in order. Some have reaped the financial rewards without showing any concern or desire to preserve the health of the sport outside their own needs and ecosystem. Only an independent regulator will be able to provide proper oversight, regulate clubs’ behaviour, and intervene when necessary to ensure that they act responsibly.

The Bill also provides targeted backstop powers to allow the regulator to step in when it comes to the allocation of broadcasting revenue between the Premier League and the rest of the football pyramid, if needed. On the face of it that is fine, but clause 55 requires the “specified competition organisers”, the Premier League and the English Football League, to enter into a period of

“mediation in connection with the distribution of relevant revenue received”

by one of them, and if they are unable to reach agreement, the independent regulator

“may make an order as to the distribution of that revenue.”

However, in the Bill as drafted, that does not apply to certain circumstances in which the relevant revenue referred to in clause 55(2)(b) does not include parachute payments, which are defined as payments made directly to newly relegated clubs.

As was mentioned earlier, this cannot be fair, and it deliberately excludes the English Football League from making its case that the parachute payments are disadvantaging and distorting the revenues of championship clubs as a whole. The payments are not just a parachute meant for a soft landing; they are a ladder leading back to the premier league for most of the clubs that have already been relegated. That is clear from the current position of the championship division: Leicester City, Leeds United, Southampton and Norwich City occupy four of the top six spots. Incidentally, Norwich has been relegated from the premier league six times since its formation in 1992. This exposes the fact that the payments are a ladder back to the premier league, to the disadvantage of others elsewhere in the championship division.

Preston North End, my constituency club, which has its own place in history as a founding member of the football league, joins me in believing that a regulator is the only option to underpin both sustainability and competitiveness within the financial distribution of the football pyramid. As we speak, Preston are sitting in 10th place in the championship table. They have never played in the premier league—the only former top-flight first division champions never to have done so. They have a wage bill in the region of £16 million. How can they compete against the likes of Southampton—a club that was relegated in 2023 with a wage bill of approximately £88 million, which is six or seven times that of Preston North End?

As a lifelong football fan, I believe that this House not only has the opportunity but, more importantly, the obligation to create much needed reform in the game through a transformative Bill that safeguards all clubs for decades to come.

--- Later in debate ---

[Tim Farron (Westmorland and Lonsdale) (LD)]

I declare an interest, as a lifelong Blackburn Rovers fan and a supporter of Kendal Town, who are in the North West Counties football league—I am beginning to fear that one day we might end up playing each other at this rate. To prove that football is more about uniting us than dividing us, I have, accidentally, worn claret and blue today, as a nod to our dear friends Burnley. [Laughter.]

I was at Grange Church of England Primary School last week, where a bright year 5 lad asked, “Tim, what sport do you enjoy the most?”. I nearly said football, but then I realised that I do not enjoy football at all; it makes me completely frustrated and miserable, but it does rule my life and occupy most of my waking moments. It is a hugely important thing, as it binds and creates communities, it creates shared experiences and it helps to build what it is to be English and to be British. So I am a thoroughly proud football fan. I love the game and want to stand in solidarity with all other football fans, even those of teams I do not approve of.

I pay tribute to the hon. Member for Chatham and Aylesford (Dame Tracey Crouch), who is back in her place, and the fan-led review, which has underpinned the Bill. My party and I welcome the principles behind it and the independent regulator. We acknowledge that football is integral to our culture and that the whole pyramid is vital to the game. Michael O'Neill, the chairman of Kendal Town—his is an unpaid role at a wonderful club that is doing incredibly well at the moment—has said that the

“top of the pyramid would not exist without the foundations”.

He is absolutely right about that, but the foundations include not just the clubs lower down the pyramid, but the youth game and the Westmorland County FA, and what it does for young people, supporting mental health, building resilience and teamwork, and creating community.

I am supportive of part 3 of the Bill, on licensing, although it is an important moment to do some redistribution, taking a proportionate share from each of the clubs to ensure that we fund the additional requirements of meeting the licensing. Part 4 of the Bill, as we have heard, is about owners and directors. I express my solidarity with the supporters of Reading—we think of Dai Yongge and what he has done to that club and community. Not yet so awful—but watch this space—is what has happened with Venky’s, who own the Rovers. Blackburn Rovers is a club in limbo and the question is whether or not we are a going concern, because of the owners’ plight in the Indian courts. We have to ask ourselves the extent to which part 4 will give the regulator power to deal with the Dai Yongges and Venkys of this world and make them put up, pay up or sell up. Nothing more underlines the powerlessness of the fans than situations such as those, and fans of Bury, Bolton, Hull City and Cardiff City would concur.

Part 5 deals with the duty on clubs and competition organisers. I am going to table an amendment, if I am permitted to do so, to bring back the replays in the FA cup and to restructure things so that all competing teams get an equal vote in deciding the organisation and rules of that cup. This situation is an outrage and nothing more underlines the arrogance and complacency of the Premier League than its thinking it can dictate to the rest of the league and the non-league how that glorious and almost ancient competition will be. If my amendment is successful, the Premier League might get away with one year of no replays, but we will get them back the year after when the whole of the footballing establishment actually gets a vote.

My main concern is on part 6—I will not go through every part of the Bill—and the powers of last resort. I am deeply concerned that we have only partial financial oversight. This is where football fans feel a sense of disappointment, and the Government have been a little weak in this regard. It feels like they have listened to the powerful few rather than the clubs, the fans or the volunteers. The financial powers seem to be restricted to simply being a mediator between the Premier League and the English Football League, and actually the Premier League and the championship when all said and done.

The right hon. Member for Ashford (Damian Green) has talked about some of the financial division, and let us look at the allocation. Of every £1,000 received in broadcast revenue, £882 goes to premier league clubs and £32 to championship clubs—that is about enough for Blackburn Rovers to buy another pair of goalkeeping gloves and, by golly, we could do with them. If you go down further, 15p goes to national league north clubs, and a fat zero to anything below the national league. If the pyramid is important, then the foundations are important. I want the regulator to have the power to make sure that the Premier League and the championship do not hog all the money, and that they distribute properly and effectively down the division.

I want to pay tribute to Kendal Town—the mighty Mintcakes, as we are known—because they speak for and represent so many other non-league clubs. Five hundred people a week watch the great team managed by Jimmy Marshall. Everybody at that club is a volunteer. What good could be done by a relatively small amount of redistribution of that money down to that level. Kendal Town have hosted 12 cup finals of various kinds at the Parkside Road ground this year. It costs them £8,000 to maintain that ground, and they get nothing for it. A fairer deal is absolutely essential, and, so far, this Bill is the weakest on that fair financial flow. It is important that the Government get that right beyond Second Reading.

At a time when the division between the divisions has never been greater, I think it is worth paying a bit of attention to the parachute payments. There is a widening not just in quality, but in resource between the premier league and the championship, between the championship and league one, between league one and league two, and between league two and the national league. That reduces competition, entrenches privilege and squashes ambition. One key driver—perhaps the key driver to this division, certainly at the top end of the tables—is the parachute payment, which is a completely unjustifiable disgrace. It is the greatest financial distortion in the game. This Bill ducks that distortion—every football fan has noticed that the Government have ducked that distortion. Therefore, people are deeply sceptical about whether the Government are serious about fairness in the game—

[Sir Mark Hendrick]

rose—

[Tim Farron]

I am happy to give way to a North Ender.

[Sir Mark Hendrick]

The Government have not only ducked this issue, but the Bill itself contains something explicit that precludes a discussion of parachute payments when it comes to the regulator’s powers.

[Tim Farron]

The hon. Gentleman makes an important point and I agree with him. That explicitly needs to be mentioned in the Bill, and we need to recognise that that is one way to allay the fears of those people who are sceptical about whether the Government are serious about this—as serious as the hon. Member for Chatham and Aylesford clearly is. Have the Government got the interest of the fans at heart? Will they do stuff that is difficult and challenging for those people at the top of the game, or will they have just listened to lobbyists rather than the fans?

In closing, Blackburn Rovers were owned by Jack Walker, the greatest owner of any football club ever. We say that we do not want billionaires in the game, but we will have people like that any day of the week—not just at Rovers, but anywhere else. He loved his club, loved his town and made a massive, massive difference. Today we are owned by Venky’s. It is alleged that, when it took on Blackburn Rovers, Venky’s believed that it was impossible to lose premier league status. It did not realise that a club could go down. Gutted though I am that we went down and got relegated, I am nevertheless glad that Venky’s were wrong: there should be movement between the divisions; there should be competition; and there should be fairness. Football is for the fans, not just for the powerful few. Let us make sure that this regulator, in its financial oversight, is able to ensure that there is genuine fairness from the top to the bottom.