Football Governance Bill [Lords]

Max Wilkinson Excerpts
Max Wilkinson Portrait Max Wilkinson (Cheltenham) (LD)
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Football is irrevocably intertwined into our national story. It is about belonging, about the communities we live in and about what we do in our spare time, and it is what we daydream about when we are supposed to be working—I feel that on a very personal level every day.

Today I speak primarily not as a politician or a Liberal Democrat spokesperson, but as a football fan. I have been to more than 50 football league grounds, and to a fair few non-league grounds, too—Brimscombe and Thrupp FC in the Stroud constituency is well worth the attention of the non-league ground-hoppers out there. I have followed England home and away. These days, I mostly watch my local team Cheltenham Town, who have enjoyed a thoroughly mid-table season, but I grew up watching Southampton, and when time allows, I still watch them now—through the gaps between my fingers at the moment.

Despite that, the hon. Member for Great Yarmouth (Rupert Lowe), who is no longer in his place, will remember when times were so much worse for Southampton. I am sorry that he is not here to hear this. I had a season ticket when he was chairman—[Hon. Members: “He’s there!”] Oh, there he is, speaking to you, Madam Deputy Speaker, and not listening to a word I am saying. I remember this from when I was a fan in the stands, calling for so much better. I hope for the sake of football that today this Bill does not go the same way as the Saints’ season.

As Ministers know, the Liberal Democrats will support the Bill because the game needs financial sustainability. There have been too many Burys, Chesters, Herefords, Macclesfields and Readings. The heritage assets in our game need protection. Who can forget when Cardiff were forced to play in red, or when Wimbledon were moved against their will to Milton Keynes?

Clive Jones Portrait Clive Jones (Wokingham) (LD)
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The Bill must expand the list of protected assets to include training grounds, car parks and hotels. The owner of Reading football club, Dai Yongge, tried to sell the club’s training ground, Bearwood Park, which is in my constituency, without any consultation with the fans. When I was leader of the borough council, I worked to stop the sale with fan groups such as Sell Before We Dai, and we were successful. Does my hon. Friend agree that the Bill needs provisions to ensure that assets such as training grounds are never again sold off for the gain of the owner?

Max Wilkinson Portrait Max Wilkinson
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I agree. There are too many examples of football clubs being separated from their stadiums, training grounds and assets, and it is a disgrace every single time when football clubs are asset-stripped.

I mentioned sustainability, heritage and fan engagement. Those are the three things we think the Bill will bring about—those are its aims. Although the Bill is not perfect, it will make important progress on all those points. Indeed, shortly after I was elected, the board of Cheltenham Town and the Robins Trust both asked me clearly to back the Bill. We will do so because it is the right thing to do.

The Bill is cross-party in origin. We should all thank Tracey Crouch for her work on the fan-led review and the shadow Minister for his subsequent work on the Bill in the last Parliament. It is a shame that Dame Tracey’s party has decided to score an own goal today. The Conservatives might seek to present themselves as akin to the England heroes in 1966, but in trying to kill the Bill, they are more like the villainous Maradona and his “hand of God” in 1986. By seeking to kill the football regulator, they are betraying football fans the length and breadth of the country—they are going in studs-up on football fans. That is the kind of political acumen that means that they represent only one football league club. Can anyone name it?

Max Wilkinson Portrait Max Wilkinson
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Bromley—there we go. I think that has rather proved my point for me. The Conservatives’ reference to the risk of increased ticket prices suggests that they are either uninformed about or wilfully ignorant of the existing problems that football fans suffer every week with ticket price inflation, as tens of thousands of fans will confirm. Unaccountable football club owners are not forced to engage with football fans on the issue of ticket pricing.

In my reflections on how to improve the Bill, I will begin with financial fairness. According to Simon Perruzza, the chief executive of the Cheltenham Town Community Trust, the Bill is needed

“to ensure clubs like ours continue to make a valuable contribution to supporters and the community, the game’s fractured governance model and inequitable distribution of finance need to be urgently addressed”.

The Premier League generates more than £3 billion each year from media rights alone, yet the share reaching clubs further down the pyramid is dwindling; it keeps 84% of the revenue now, up from 74% in 2007. Any suggestion that the Premier League is a golden goose that will be killed by the Bill somewhat misunderstands the problem in our game. The campaign group Fair Game warns that the balance of funding between the top division and lower leagues in this country stands in stark contrast to that in other major leagues. The fact is that the money simply is not trickling down here as it does in other European leagues.

Lincoln Jopp Portrait Lincoln Jopp
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Given that the person who negotiated that rights deal is going to be the regulator, how confident is the hon. Member that they will change the process that he criticises?

Max Wilkinson Portrait Max Wilkinson
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Well, that person will be working within the boundaries of the regulator, and he is obviously very good at striking deals, is he not? If the hon. Gentleman’s contention is that he did a good job in his old job, we can be confident that he will do a good job in his new role.

The Liberal Democrats think that the redistributive mechanisms ought to go even further to promote financial sustainability, including by taking account of the restricted resources in the fifth tier, and redistribution beyond that level to cover more grassroots clubs in the national leagues north and south and beyond. Then, there is social responsibility. Football clubs are not just businesses; they are also civic institutions. They are often the most visible and well-loved organisations in any community.

Liberal Democrats in the House of Lords pushed for clubs to be mandated to report on their community work, so I welcome the new clause requiring clubs to do so. In my constituency, the Cheltenham Town Community Trust delivered £5.4 million-worth of social value work with young people and older people, and to reduce antisocial behaviour, in its last reporting year. What gets measured gets done. Clubs want to continue doing such work, but they cannot keep doing it if they cannot afford to because the Premier League is hoarding all the money. We need to go further to support clubs in that, particularly by providing help for smaller clubs that may struggle to fulfil reporting requirements. I agree with the Members who have made similar comments.

We believe that the Bill must go further on problem gambling. Nearly 30,000 gambling messages were posted across the premier league’s opening weekend this season. That represents a tripling of ads compared with the almost 11,000 recorded over the opening weekend of the season before. Such ads are normalising a dangerous relationship between football and gambling that is destroying lives. Football should not be a gateway drug to problem gambling. It cannot be right that, whether watching on television or in the stands, we are bombarded with gambling adverts to the extent that the enjoyment of the game is now, for so many people, culturally intertwined with placing bets. It cannot be right that broadcasters can launch their own gambling platforms, and use advert breaks to promote those platforms, using the pundits who describe the games as mouthpieces for gambling. That merger of journalism and advertising should give us all pause for thought.

Graham Stuart Portrait Graham Stuart
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To be clear, is the hon. Gentleman suggesting that the regulator should intervene on the issue of gambling ads rather than this House taking responsibility for doing so? I worry about the regulator’s reach spreading and about it forcing small clubs to engage with their communities over ticket prices and so forth; if there has to be a regulator, we must keep it highly constrained.

Max Wilkinson Portrait Max Wilkinson
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The football regulator would have a wider role than currently envisaged in the Bill if the Liberal Democrats were in charge.

When the Lords tried to tackle the proliferation of gambling ads, the Government committed a professional foul. As the Bill makes its way through this House, we hope that MPs will show gambling companies a yellow card—yellow cards on this matter are very Liberal—not a red card; we do not propose the banning of gambling, shadow Ministers will be pleased to hear.

Lincoln Jopp Portrait Lincoln Jopp
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Do you want to bet?

Max Wilkinson Portrait Max Wilkinson
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I will not be placing any bets from this Chamber today—not to the benefit of myself anyway.

On ownership, this Bill provides a stronger defence against owners who might have a dodgy track record, but there are still gaps at the back. The new owners and directors test still makes no explicit mention of human rights. That is a glaring miss. Sportswashing is an all-too-common tactic used by oppressive regimes to launder their reputations through our national game. As the historic home of the global game, we have a moral duty to seek to use the soft power of football. Those who want to run a football club in this country should not be able to do so while running roughshod over human dignity elsewhere in the world. Liberal Democrats will continue to push the Government to replace the red carpet for dodgy foreign owners with a red card.

On broadcasting, not a single premier league match this season has been shown on free-to-air television. All 380 matches in the premier league now lie behind a paywall, while matchday tickets are increasingly expensive. The latest deals will see Sky Sports and TNT Sports have the rights to show premier league matches for a four-year period. That means that those without a subscription will have no opportunity to watch a live match on television until the 2030s at the earliest.

Spain’s la liga has one free-to-air game per week, as does England’s women’s super league. We will continue to champion expanded access to free live sport broadcasting in this Bill. We will also call for the strengthening of the Bill to ban domestic games being played abroad. The thought of Manchester City playing Arsenal in Dubai should leave us all reaching for the sick bucket.

We can go further to build a game that is open, accountable and properly rooted in its communities. Every good manager knows when to switch to a 4-3-3 and bring on the super-sub. It could be Steve Howard—I understand that the Minister, the hon. Member for Barnsley South (Stephanie Peacock), is a Birmingham City fan. Now is the time for Ministers to embrace that principle of bringing on substitutes, changing the formation and being even more ambitious about this Bill; after all, they have more than enough players sitting on the Government Benches to be more ambitious. They should do that because football is not just a business. It is part of who we are as a nation, so let us treat it that way.

Football Governance Bill [ Lords ] (First sitting) Debate

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Department: Department for Digital, Culture, Media & Sport

Football Governance Bill [ Lords ] (First sitting)

Max Wilkinson Excerpts
Lincoln Jopp Portrait Lincoln Jopp (Spelthorne) (Con)
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I am a season ticket holder in the Premier League.

Max Wilkinson Portrait Max Wilkinson (Cheltenham) (LD)
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I am a member of the Robins Trust at Cheltenham Town.

Louie French Portrait Mr Louie French (Old Bexley and Sidcup) (Con)
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I refer Members to my entry in the Register of Members’ Financial Interests.

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None Portrait The Chair
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I am happy to call the hon. Member for Cheltenham automatically in every group or, if he prefers, he can indicate whether he wishes to contribute. Which would he prefer?

Max Wilkinson Portrait Max Wilkinson
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I will indicate, if that is okay, Sir Jeremy.

None Portrait The Chair
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That is very helpful.

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Louie French Portrait Mr French
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I will. It depends on how long we go on for today.

In all seriousness, the Government have not been specific in this clause regarding their key definitions, and have clearly left open the door to scope creep by the regulator and the Secretary of State, whoever they might be in the coming weeks and months. That should concern all Members who value Parliament’s role of holding the Government to account, regardless of political affiliation. That is why I tabled amendment 132, which would clearly specify the leagues that are to be classified as a “specified competition”. That would ensure that, should the Bill pass, the Secretary of State, whoever they may be, could not unilaterally decide that they wished to expand the regulator’s scope without first consulting Parliament.

Without the amendment, the Secretary of State could, without oversight or accountability, decide that they wanted a particular competition to be included, and for the clubs involved to face the costs of that decision. We know that representations from the women’s game highlight a desire not to be included, but the Bill as it has come from the Lords would allow the Secretary of State to bring the Women’s Super League, the Women’s Super League 2, the FA Women’s National League North and the FA Women’s National League South under the regulator’s control. It is also unclear why the Government have drafted the Bill to specifically reference consulting the Football Association but not other bodies such as the Premier League, the EFL and the National League. Will the Minister please explain why that is, as the question has been raised with me, and I suspect with other Committee members?

It is important to clearly define what competitions will be under the regulator’s scope so that the wider football world can understand the direction of travel for clubs and leagues, which will ultimately impact long-term investment and budget decisions. Uncertainty is not helpful for clubs or fans, and the regulator will already impact clubs and leagues in different ways, let alone if the Government expand their reach further. Unsurprisingly, the Government do not like the amendment, as it would remove powers from the Secretary of State to decide which competitions are under the scope of their regulator. We know the Government are a big fan of scope creep, but we want to prevent it, and to ensure that any attempt by the Government to add more trophies to their cabinet is subject to the approval of Parliament and the democratically elected representatives of fans in our constituencies.

On the Liberal Democrats’ amendment 74, tabled by the hon. Member for Cheltenham, I will listen to his arguments carefully but in my experience the last thing that clubs at that level need is more red tape and costs that will stifle their growth. The amount of paperwork that the Government’s regulator will likely require of every club is a concern. For smaller clubs, it will mean a shift in focus from what happens on the pitch and from fans to form filling—bureaucracy over the beautiful game. I can see what the Liberal Democrats are trying to do—even if, true to form, it is not very liberal—but it would create more costs than rewards. Yes, there is an exemption from having to pay the levy, but it will have to be applied for, so the clubs would still be liable to pay the levy, alongside other costs the regulator will put on them, until the application was approved, which will likely take time.

Max Wilkinson Portrait Max Wilkinson
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It is a pleasure to serve under your chairmanship, Sir Jeremy. As the Minister knows, the Liberal Democrats support the Bill. We were clear on Second Reading that we supported its aims, although we believe that it should go further—on the scope of the competitions covered, for one example. We also agree with the hon. Member for Isle of Wight East about financial redistribution; he made some eloquent points. I am not sure that they were entirely in line with what his party was arguing on Second Reading or in the House of Lords, but there we are.

Our amendment 74 is clear. It extends the scope of the Bill to cover the sixth tier of English football. We all remember what happened to that tier during the covid pandemic: many clubs ended up on the verge of bankruptcy and needed bail-outs. The need for financial sustainability does not end at the fifth tier. To push back against the point made by the hon. Member for Old Bexley and Sidcup, I should say that we would see the football regulator taking a light-touch approach, as in the outline aims of the Bill, and there would also be an exemption for clubs in the sixth tier because many are run by volunteers with perhaps one or two members of staff, not all full-time.

We believe that when clubs come up from the sixth to the fifth tiers—there are many ambitious clubs in the non-league sector—it is really important that those also build in a financially sustainable way. We believe that including them in the Bill will help them become financially sustainable as they make their way through the football league.

Joe Robertson Portrait Joe Robertson
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I rise to support Opposition amendment 132. The shadow Minister eloquently set out the reasons why, and I do not need to repeat them. But I pose this question to the Minister: why would she reject clarifying that specified competitions mean the Premier League, the English Football League and the National League? If she is not prepared to accept the amendment, which would set out those competitions with clarity, that slightly begs the question of what she or her Government have in mind. What are they seeking to add by using the wide discretionary powers set out in the Bill already? Unless the competitions are clearly identified as in the amendment, there could be a question about whether the England national team could accidently get swept up as part of the regulations. The amendment makes an obvious clarification and gives certainty to football clubs and fans.

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None Portrait The Chair
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Does the hon. Member for Cheltenham wish to move amendment 74?

Max Wilkinson Portrait Max Wilkinson
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No, we accept the numbers in the room.

Question proposed, That the clause stand part of the Bill.

Stephanie Peacock Portrait Stephanie Peacock
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This clause, as is standard procedure, sets out the key definitions used throughout the Bill. It gives the Secretary of State power to make a statutory instrument to specify competitions, as we have just debated. Those specified competitions can then define the regulated population.

Defining the scope in this way is an important part of future-proofing the Bill, as was seen when the old First Division became the Premier League in 1992. Before making any changes to the specified competitions, the Secretary of State must carry out an assessment on whether it would be appropriate to do so. In carrying out that assessment, the Secretary of State must consult the regulator, the FA and any other stakeholders who the Secretary of State considers relevant. A report of that assessment must also be laid before Parliament. I commend the clause to the Committee.

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Louie French Portrait Mr French
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Yes, we also have Portsmouth.

This rivalry—the kind of blend I mentioned—is obviously true of my own family: half blue, half red. To be clear, that is only in football terms, especially as the current Government continue to use the famous Millwall “No one likes us, we don’t care” chant as political inspiration. That rivalry will be reignited next season, as the mighty Addicks have been promoted back to the Championship, where they will play Millwall twice. Hopefully, both will be battling it out for promotion to the Premier League—Millwall, of course, just missed out on the play-offs.

On a more serious note of regulation, it has not only been on the pitch where the fortunes of both clubs have differed significantly in recent years. So I was not just rambling on about fans for no reason; there is a clear point about ownership linked to all this.

Max Wilkinson Portrait Max Wilkinson
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I was enjoying it.

Louie French Portrait Mr French
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Great.

While Millwall fans have enjoyed the success of international ownership through the Berylson family and the late John Berylson, who tragically passed away, those who support Charlton Athletic next door have endured a series of damaging ownership disputes, including periods where it was unclear who truly was in control, or whether those individuals had the long-term interests of the club or its supporters at heart.

It is precisely that kind of instability that schedule 1 is designed to prevent, even if we must highlight that it will not be bullet-proof against an owner taking bad investment decisions that fans may not agree with—both today and in the future. However, there is a gaping loophole in this legislation, which shows either the Government do not understand English football as part of a delicate international eco-system, or that they admit the regulator will not be able to live up to the hype that many Labour MPs are suggesting. I would happily give way to the Minister if she can answer this crucial question now: do the ownership tests also include multi-club ownership structures? I shall carry on.

We are seeing an increasing number of ownership groups acquiring stakes in multiple clubs—often across leagues and even countries—raising concerns about conflicts of interest, sporting integrity and transparency, but also about the effectiveness of the Government’s regulator. A clear example is 777 Partners. As hon. Members may know, it is a US-based investment firm that recently attempted to take over Everton, despite already holding controlling interests in clubs across Europe, which I understand to be Standard Liège, Hertha Berlin, Genoa and, further afield, Vasco da Gama in Brazil.

As far as I can see, there is still no mechanism in the Bill—which is why I have asked the Minister to comment on this—to allow the regulator to properly assess the cumulative risks of such widespread, multi-club control. In such instances, if one of those clubs runs into financial difficulty, it will surely draw resources away from others. That is the risk I am trying to highlight.

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Joe Robertson Portrait Joe Robertson
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The requirement for the regulator to be independent is clearly essential. I am sure that it is common ground on both sides of this Committee Room, and in the rest of the House, that the Independent Football Regulator board and chair need to be independent.

This is a significant time for English football. To be regulated by statute and lawmaking and the decisions of the Members of the House of Commons and the other place is a departure from the way our beautiful game has grown in this country, without regulation. In certain aspects, we need to be really careful about what we are doing. The independence of the chair and the board of the regulator is key. Independence can mean so many different things, as the shadow Minister has noted. It can mean independence from the influence of certain interests within the game—clearly, if the regulator is to regulate multi leagues, we need an independent regulator that is not encumbered by particular interests, particular clubs or particular leagues.

There is also the very important issue of political independence. Given that the chair will be appointed by an elected politician—by the Secretary of State—the decision needs to be carefully scrutinised to ensure that independence, with a capital I, remains key. We might get on to this point at another time, possibly today, but the Secretary of State has recused herself from making any decision over the recommended candidate because of a donation he declared to her leadership campaign. The preferred candidate also made a donation, which he declared to the Culture, Media and Sport Committee, to the Prime Minister’s leadership campaign, but the Prime Minister has not recused himself from any involvement in the decision.

Max Wilkinson Portrait Max Wilkinson
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The hon. Member is making a compelling case. Does he think that in all cases—in all public bodies, in all quangos—anyone who is a member of a political party, or has ever been canvassing, even in an European election, might be barred from holding any of those kinds of offices? As I understand it, political parties of all colours have in the past appointed people to various public bodies. This is clearly what is being implied by the Conservative amendments.

None Portrait The Chair
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Order. Before the hon. Gentleman responds, I know that both hon. Gentlemen will recognise that they are straying slightly wide of what clause 5 says. I will allow the hon. Gentleman to respond, but I hope he will do so briefly and return to clause 5.

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Max Wilkinson Portrait Max Wilkinson
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How might the shadow Minister compare the relationship between the IFR and the Government with the relationship between the BBC and the Government, for example?

Louie French Portrait Mr French
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That is a well-made point. I have said in previous public comments that the BBC is an important example of how this can go wrong. I thought that the Government might have learned from that because, whatever the merits of the candidate, he or she—I will be less specific than to talk about individuals—has been marred by affiliation, in some cases probably wrongly. That is the point that I am trying to make. Every decision, going forward, could easily create a situation in which the same accusation will be—[Interruption.] No, it is not about double standards. I am making the point clearly that every decision on something as important as this—the first time that the country has established a regulator for a sport—will be marred by accusations of non-independence.

Max Wilkinson Portrait Max Wilkinson
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I have a lot of sympathy with the point that the Opposition spokesperson is making, and the point made by the hon. Member for Isle of Wight East earlier. The problem is that we know that the Conservative party has, in the past, appointed lots of party members, donors and activists to public bodies. Therefore, although I have some sympathy with the point, I feel that the hon. Member is perhaps on weak ground when making this argument.

Louie French Portrait Mr French
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I appreciate the point made by the Liberal Democrat spokesman. I will say that, though the Liberal Democrats like to avoid this point, they were in coalition with the Conservatives for five years, so some of those decisions would have been made by—[Interruption.] Does the hon. Member for Dartford want to intervene?

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Louie French Portrait Mr French
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I am not trying to have it both ways. I am talking about football and the Bill in front of this Committee. I have answered questions openly and willingly, where others might have ducked them.

Max Wilkinson Portrait Max Wilkinson
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What about Ofqual?

Louie French Portrait Mr French
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This is turning into whataboutery whinery, and I fear that I am already testing your patience, Sir Jeremy. I am trying to stick to the Bill in front of us, and why we tabled these amendments. We can have a lot of whataboutery around different regulators. The hon. Member for Cheltenham mentioned Ofwat.

Max Wilkinson Portrait Max Wilkinson
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Ofqual.

Louie French Portrait Mr French
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Ofqual. I will stick to football.

I will reiterate what we are trying to do with the amendment: any political interests and political donations made by the prospective chair of the board must all be declared as part of the appointment process and published before the chair’s pre-appointment hearing at the Culture, Media and Sport Committee. That is important because, if we are to value the role of this House in making informed decisions, we must have the appropriate information. I do not believe that asking for political donations to be registered and declared transparently is unfair—it is not. It is to do with decision making by this House.

I have already put on the record that I believe that what has happened in recent months has been a great discourtesy not only to all Members of this House, but specifically to the Culture, Media and Sport Committee. That Committee sat to make its decision on the nomination of Mr Kogan by the Secretary of State yet, at that point, at the time of the meeting, my understanding is—I am happy to be corrected by the Minister—that the Committee did not know of the donations to the Secretary of State and the Prime Minister, not until they were disclosed in the live Committee hearing. Regardless of the political arguments that people might want to make, and of the whatabouteries again, that is not fair on right hon. and hon. Members of this House. They were not provided with that information to do their work, which is the valuable work of Select Committees of this House.

Football Governance Bill [ Lords ] (Second sitting) Debate

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Department: Department for Digital, Culture, Media & Sport

Football Governance Bill [ Lords ] (Second sitting)

Max Wilkinson Excerpts
Max Wilkinson Portrait Max Wilkinson (Cheltenham) (LD)
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When I first read the amendment, I assumed that it would apply to somebody who owned a stake in a broadcasting company: a famous podcaster or someone who owned a famous podcasting outlet, for example. I understand why that might be a conflict of interest, but if it is somebody who is commenting on whether a penalty or a refereeing decision was any good, I do not quite understand how that would be a conflict of interest. Perhaps the hon. Member can enlighten me.

Louie French Portrait Mr French
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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.

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Max Wilkinson Portrait Max Wilkinson
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The hon. Gentleman mentions amendment 116, and proposed new paragraph 7A(b) references the fact that the Opposition would not like the chair of the football regulator to canvass for a political party running for the European Parliament. Will the hon. Gentleman clarify whether he is suggesting some kind of movement to rejoin the EU, or is he suggesting that a Frenchman, a German or someone else from the European Union might become the regulator? In that case, which parties might he like to rule out or rule in?

Joe Robertson Portrait Joe Robertson
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The Liberal Democrats are always looking for an opportunity to bring things back to potentially rejoining the EU. No, I would not read the amendment as either an overt or a subtle message about a campaign to rejoin. Of course, it is perfectly possible that a non-British national might campaign in Europe for a candidate standing for the European Parliament, but I will not get distracted by all the possibilities. The wording of the amendment speaks for itself. The point is that, while somebody is chair of this independent board, they should not campaign for political candidates or for someone to attain political office.

I urge the Government to take the amendments on board. All they would do is further embed the idea of independence, which the Government say they support.

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Louie French Portrait Mr French
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The structure of the regulator is addressed elsewhere in the Bill, so I will not drift too much because I have already been yellow carded by the Chair, to use a football term. However, we have made it quite clear that we are trying to limit the size of the regulator because we are already concerned, and that question about costs is one that I want to ask the Minister. I assure the hon. Gentleman that we will come on to this shortly.

The Opposition have been clear that we will not oppose the Bill for the sake of opposition, but like many fans and clubs up and down the pyramid, we are worried about how these bills will be paid. A regulator of this scale, with powers of licensing, enforcement, business model oversight, owner scrutiny, fan engagement mandates and financial analysis, does not come cheap, yet nowhere in the Bill do we see sufficient transparency or constraint on how big this body might grow to be, including how many people it may hire or how heavy-handed it may become. That is our concern regarding scope creep.

Let us not forget that the Football Association already exists, the EFL has its own monitoring tools and the Premier League already has fit and proper tests and financial regulation. This new regulator risks not only duplicating existing efforts but adding an entirely new layer of complexity, cost and compliance for clubs, particularly those already operating on a knife edge. The smaller clubs that are already struggling will, in a cruel twist of fate, be the clubs that suffer the most. When they are forced to divert resources away from their academies, community foundations or stadium improvements to pay for the regulator’s levy, it will be fans who feel it first and the Government who will deserve the blame.

Looking forward, what is the projected headcount of the football regulator over the next three years? What is its estimated operational cost in its first full year? How much of that cost is expected to be recovered from clubs? Will the Minister provide exemptions for smaller clubs or those in financial distress, or will this be another flat levy that hits the lower leagues the hardest?

Good governance in football is vital, but so is affordability, restraint and remembering that every pound extracted from the system is ultimately paid by someone—the fan in the stand, the father and daughter already paying £90 to sit in the upper tier of some Premier League clubs, the lifelong fan who travels to away games week in, week out, and the dedicated fans who create their own podcast to discuss their club’s trials and tribulations. There are lots of podcasts out there, and I could recommend a few. On a more serious note, they are the ones who will suffer, and they are the lifelines that clubs will lose. We are already seeing fans protesting ticket prices in the streets and the stands. We are concerned that the burdens from extra reporting will increase the cost for those fans.

Max Wilkinson Portrait Max Wilkinson
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I am a new Member and I was not here for the previous iteration of the Bill, brought forward by the previous Government. Can the shadow Minister confirm whether the regulator his Government proposed would have been entirely staffed by volunteers? How it was going to be funded? Was there any kind of levy proposed? Please forgive my ignorance.

Louie French Portrait Mr French
- Hansard - - - Excerpts

I am happy to answer that question. I think it is quite clear. The comparison is drawn and it is argued that this is the same regulator as before, but it is not. We clearly have different political opinions about what regulation might look like and how big it might be. These are the questions that we are trying to tease out. We are trying to put a cap in place because we are concerned that what is being proposed in the Bill will significantly increase the size of the regulator and its cost. These are the key points the amendment is designed to draw out. I hope that the hon. Gentleman, if he has concerns about the cost of the regulator, will support it.

It is clear that the Government’s Bill for the regulator is not about lowering costs for fans or improving the experience of football. It is about Government control and intervention into more aspects of our lives. By limiting the number of employees that the Government’s regulator can employ, as those across the industry have suggested, we can make sure that fans are protected and clubs not over-burdened with new costs and regulations, because in football, as in politics, promises are easy but the bill always comes due.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

It is a pleasure to serve under your chairship, Sir Jeremy. I want to make two quick points. First, it seems to me that the previous Government were going to impose extra regulation, and there would have been a regulator that probably would not have been run by volunteers. By the logic we have heard today, the Conservatives previously proposed some kind of increase that they worried would put up ticket prices. I do not agree that that is necessarily going to happen.

Secondly, one of the first things that my local club, Cheltenham Town, said to me after I was elected, was, “Please support the Football Governance Bill, because that will make our club more sustainable.” Then I spoke to the Robins Trust, of which I am a member, and it said, “Please support the Football Governance Bill.” If the club and the fans are both saying, “Please support the Football Governance Bill,” it is my duty as their local Member of Parliament to take their word for it that they think things will get better as a result of the Bill.

Cheltenham Town is a League Two club; sometimes, in a good period, they are in League One, but these are not people who are burdened by the concerns of billions of pounds, as at Manchester United. Ticket prices at Cheltenhm are about £20—I think I might be able to get in for £20 for some games. Price sensitivity is probably an issue for Cheltenham Town fans and the club, and they tell me I should back this legislation, so I do not know why, based on that and having heard the arguments made by the shadow Minister, I should change my mind, because there is nothing to suggest that anything has changed between the previous regulator and the newly proposed regulator. The opinions of the club that I serve are entirely clear.

Lincoln Jopp Portrait Lincoln Jopp
- Hansard - - - Excerpts

The hon. Member says that both his club and the fans support the football regulator, but they do not know how much it is going to cost or how big it is going to be. They like the purpose of the regulator, but they do not yet know the cost. Is it unfair to set a boundary on some of those aspects in the Bill, so that it does not grow arms and legs and put regulatory burdens on his club outwith their ability to meet them?

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

We have a fundamental disagreement here on the Bill and the need for regulation. It is clear that the Conservatives have decided that they will now not support the concept of a football regulator. That is a perfectly legitimate political decision. It is also legitimate to point out that that was not their view until a few short weeks ago. It is also legitimate for me to point out that both the club I represent and the fans are telling me that I should support the Bill.

I hate to make a point about political ideology, but sometimes I do. This perhaps is one of those instances when we just have to let organisations decide for themselves. My understanding is that traditionally that has been a Conservative thing. Someone sets up something or there is an existing business, and the Conservatives might say that that organisation can make decisions for itself. The next amendment is about salaries, and I will probably make the same point. Sometimes we just have to let organisations make their own decisions and let the market decide.

Louie French Portrait Mr French
- Hansard - - - Excerpts

If we follow that train of thought and bring it back to what we have been talking about today, which is a regulator, does the hon. Member believe that such a hands-off approach to a regulator is common sense, given the issues of regulation that we now see across our country—issues that the Liberal Democrats often campaign on—which call into question the expanded powers that regulators have failed to act on. Using that same philosophy we should try to ensure at this point in time that this regulator does not end up in the same bad place as regulators in other parts of our economy.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

The shadow Minister makes a persuasive point, but I still do not understand why it is right for politicians to say, before a regulator has even been set up, “You may have no more than x employees.” I shall end there.

Melanie Onn Portrait Melanie Onn
- Hansard - - - Excerpts

It is a pleasure to serve under your chairmanship, Sir Jeremy. I want to address some of the points about the costs. I fear that as we discuss each amendment we run the risk of disappearing down quite a few rabbit holes and losing sight of the Bill’s principle and purpose.

Everyone will have received the submission from Fair Game, a collaboration among the smaller clubs that are concerned about the football pyramid as a whole. Fair Game’s biggest concern is not the potential for runaway regulator costs, although it is important that the costs are proportionate. Nobody is saying, “Let’s have a cast of thousands,” but the shadow Minister has failed to provide any workings-out for his number in respect of the scope and size of the organisation.

The fundamental issue for clubs is not the costs of the regulator and the economics of the bureaucracy. The issue for them is how little the smaller clubs get from broadcasting and attendance, and the fact that the football pyramid is entirely broken. If we fail to remember that in each debate, we will fail to assess and address the points that are being made up and down the country. The shadow Minister keeps referring to the costs of premiership clubs, but the majority of areas around the country do not have premiership clubs; they have clubs in the Championship and below. Those clubs are struggling to make ends meet and to keep going year by year, and they are seeing extraordinary disparities in the entirety of the financial system.

It is worth referring to the disproportionate spread of the costs. The broadcasting deal controlled by the Premier League is worth £3.2 billion, of which 88% goes to Premier League clubs and 70% goes to clubs in receipt of parachute payments. The remaining 5% is then split between the next 138 clubs. I would say that clubs’ futures and costings rest on issues that relate to that, not on the costs of setting up a regulator. If we continue with the argument of not wanting the associated costs, we will not have a regulator. We cannot have one free. It comes down to the fundamental question of whether we do or do not want one. The Opposition currently seem to be going down the route of saying, “We don’t want one.”

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Joe Robertson Portrait Joe Robertson
- Hansard - - - Excerpts

The shadow Minister puts it much more succinctly than I have, and I thank him.

The rationale behind the amendment is to keep control over the costs. There will be a levy; it will be football clubs that pay; and ultimately the costs will fall on fans, potentially through higher ticket prices, which we want to avoid. If the Government will not back the amendment, I invite the Minister at least to give some assurances of control over spiralling costs. The headcount of any organisation is one of the key costs.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

The hon. Gentleman mentions ticket prices. Some very simple back-of-a-fag-packet maths tells us that even if the football regulator costs £100 million to run, when we divide that by 92 teams and about 40 games in a season, it comes to a matter of pence per ticket sold: something like 20p, 40p or 50p. I could not even get a Mars bar for 50p in the Tea Room. I do not understand why this argument is being made; it really does not stand up to any kind of challenge. I am not a mathematician or a businessperson, but I can do simple division. I can work out that this body will not cost £100 million, £200 million, £500 million or £1 billion a year to run. It is a fanciful argument and the Opposition should put it to bed.

Joe Robertson Portrait Joe Robertson
- Hansard - - - Excerpts

It is rather tempting to make a gibe about Liberal Democrats and back-of-a-fag-packet economic comments, but I will not. If it is as simple as the hon. Gentleman says, then let us hear that from the Minister. Let us hear assurances and guarantees that we are talking about pence, because frankly any inflation of ticket prices beyond pence is unacceptable, given the current prices and the legitimate views of fans about them.

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Max Wilkinson Portrait Max Wilkinson
- Hansard - -

Does the Minister find it strange that, in this room, a Liberal Democrat spokesperson and a Labour Minister are arguing with the Conservatives about letting the market decide someone’s salary?

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - - - Excerpts

I absolutely agree, and the Liberal Democrat spokesperson puts an important point on the record.

We expect a significant benchmarking exercise to be undertaken in determining the appropriate level of remuneration for the CEO of the regulator. That should be consistent with other regulators of a similar size and regulatory remit. We believe that an arbitrary constraint would be problematic. Safeguards are also in place already requiring approval for any public sector salary that exceeds £150,000, as per the senior pay controls process.

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The IFR’s objectives
Max Wilkinson Portrait Max Wilkinson
- Hansard - -

I beg to move amendment 1, in clause 6, page 5, line 14, at end insert—

“(d) to ensure that the care and support of those who have developed neurodegenerative conditions linked to their career in English football is a central part of its approach to football governance, and to establish and supervise the scheme provided for under section [Neurodegenerative care scheme].”

This amendment places an objective on the IFR to establish and supervise a scheme to provide care and support to those who have developed neurodegenerative conditions linked to their career in English football (see NC1).

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss new clause 1—Neurodegenerative care scheme

“(1) The IFR must establish and supervise a scheme aimed at providing a high standard of care and support to any person who has developed a neurodegenerative condition linked to their career in English football.

(2) The Secretary of State must make regulations setting out—

(a) minimum requirements for the scheme,

(b) a timescale for the scheme’s establishment, and

(c) arrangements and a timescale for a periodic review of the scheme.

(3) The IFR must ensure that, as a condition of organising any competition specified pursuant to section 2(3), all specified competition organisers jointly operate, manage and fund the scheme in accordance with subsections (3) to (9).

(4) For the purpose of operating, managing and funding the scheme, all of the specified competition organisers must form a Joint Coordinating Committee (‘JCC’).

(5) Any current or former player who has at any time been registered as a professional footballer is eligible for the scheme.

(6) The scheme must provide care and financial support to any eligible person who suffers from a neurodegenerative condition which is deemed, pursuant to subsection (7)(a), to have been caused or contributed to by playing or training activities within English football.

(7) The JCC must, under the supervision of the IFR, appoint a panel of independent experts—

(a) to determine whether, on the balance of probabilities, a neurodegenerative condition of an eligible person has been caused or contributed to by playing or training activities within English football, and

(b) to determine the appropriate provision of care and financial support required in the case of each eligible person.

(8) The IFR must ensure that the JCC acts upon the panel’s determinations.

(9) Where—

(a) specified competition owners, through the JCC, cannot agree about the operation, management or funding of the scheme, or

(b) at any time, the scheme does not meet either—

(i) the aim under subsection (1), or

(ii) any requirements set out in regulations under subsection (2),

the Secretary of State may, having taken advice from the IFR, make a direction about the operation, management or funding of the scheme.”

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

My first Southampton game at the Dell was in 1993. Southampton lost, predictably, to Manchester United. My grandparents and father took me, and playing at the back that day was a man called Kevin Moore. He was one of the greatest headers of the ball that the Football League has ever seen. He would regularly be seen rising above the level of the crossbar and heading the ball downwards into the goal. He did so in the Zenith Data Systems Cup final—that is a reference for the spotters among us.

Kevin Moore is one of a number of footballers whose case has clearly established a link between heading the football and dementia. To balance things up with my friend from Portsmouth over the way, the hon. Member for Portsmouth North, there is similar evidence in the case of Portsmouth legend Ray Hiron. The Portsmouth News has done a wonderful public service for us all by reporting on that. Kevin Moore’s brother Dave, told the Daily Mail that

“Kev had great spring and he absolutely loved heading footballs”.

Kevin talked about how he would go to the back of Blundell Park in Grimsby with his friends and head the ball, which was apparently on a string tethered behind the stand. He probably gained a lot of aptitude for heading a football by training like that, and it definitely made him more successful at playing the game as a fierce centre-back. However, it clearly had an impact on his health in later life, and he died in a nursing home aged just 55, which is a tragedy.

Kevin Moore and Ray Hiron are not the only ones; Chris Nicholl was another Southampton legend with a Grimsby Town link. There are also more famous names such as Jeff Astle, Nobby Stiles and, more recently, Dean Windass. They are legends at their clubs and across the country.

What has been clearly established is that heading a football does an awful lot of harm over time to the brain of a human being. We accept that this is possibly outside the Bill’s scope, and we also accept the numbers in the room. However, I rise to speak to amendment 1 because it is really important that, as part of these debates on football regulation—when we are talking about billions of pounds sloshing around the football system—we understand that we could do so much with a tiny proportion of that amount to ease the pain and suffering of these footballers’ families.

Let us face it: the families of Kevin, Ray, Dean, Jeff, Nobby and Chris are around and speaking today, and there will be more families in the future. While it is very unlikely that we will be able to solve the issue with this Bill, it is important that every Member of Parliament with an interest in football takes an interest in this issue. We simply must push to get justice for the families of the footballers we have heard about today, and for those whose family member might suffer the same difficulties in the future.

Louie French Portrait Mr French
- Hansard - - - Excerpts

I thank the Liberal Democrat spokesperson for moving amendment 1 so that we can have an initial conversation about this very emotive and important issue facing ex-players, and about the campaigns on these well-known health challenges. My right hon. Friend the Member for Romsey and Southampton North (Caroline Nokes) cannot be part of these discussions because she is a Deputy Speaker, but I have agreed to meet and listen to the group in the Southampton area.

I draw the Committee’s attention to the new clause we have tabled on player welfare, as we believe there are strong links to the arguments made on amendment 1. I will park those for now, as I am conscious that I am close to a red card following my initial yellow card—I will not go too far on that, Sir Jeremy.

Clause 6 defines the core objectives of the independent football regulator as

“to protect and promote the financial soundness of regulated clubs… to protect and promote the financial resilience of English football…to safeguard the heritage of English football”.

Amendment 1 seeks to add another subsection that would clarify this particular issue, and I understand the arguments that have been made.

We have already engaged with some of the leagues on this issue, and I draw the attention of the Committee, and of anyone listening at home who may be seeking assistance and support on this issue, to the funds that are available. I am not taking a particular position; I just want to highlight the existing scheme to support former footballers in this regard, as I think it is very important for those families around the country. My understanding is that the scheme was set up in 2023 by the Premier League and has distributed over £1.4 million to date. If this Bill Committee can achieve anything, we will be performing a good public service by advertising that the fund is available for ex-players to ensure those families can get the support they desire.

I will return to our player welfare new clause, but my understanding is that the drafting of the Bill, however well intentioned, does not look to include either the PFA or the LMA, both of which are key stakeholders in how we protect the rights of footballers and managers, who are under a lot of pressure. I think we all recognise that as politicians, because we have a lot of pressure placed on us in our duties in the workplace. With an increasing fixture list, as clubs look to add more fixtures to be more commercially viable, there is broader concern about player welfare. That is why I am keen to have that debate later in our considerations.

It is key that once this football regulator is established—and we know that it will be established—it considers the welfare of players. It is important that it does that with the bodies that represent both players and managers. I look forward to debating this further, and I thank the hon. Member for Cheltenham for moving the amendment for discussion.

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Max Wilkinson Portrait Max Wilkinson
- Hansard - -

I have little more to add, other than to say that I think we should all go away and consider the extremely moving stories told by the footballers’ families. For those of us who saw those footballers during their very best days on the pitch, heading the ball with such vigour, reading those stories brings into sharp contrast what happens to those men after retirement. I therefore suggest that, while the amendment probably will not be agreed by the Committee today, it is important that we keep the discussion going—all of us who have an interest in football—and tell other parliamentarians too.

None Portrait The Chair
- Hansard -

Apologies to the Minister, as I should have called her a moment ago.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - - - Excerpts

That is quite okay, Sir Jeremy. I have done a lot of talking today. I thank the hon. Member for Cheltenham for moving the amendment and for giving us the opportunity to discuss it. I will explain why we are not able to accept it, but it is important to say first that the safety, wellbeing and welfare of everyone taking part in sport is absolutely paramount.

I am very aware of this issue—I participated in a debate on it in the Chamber in September 2023, and I care greatly about the subject—and the hon. Gentleman, and indeed other Members across the House, spoke very movingly, giving a number of examples of the terrible experiences that footballers and their families have had.

I pay tribute on the record to the work of Football Families for Justice in supporting ex-players and their families. I commend it for its excellent work. Again, I echo the shadow Minister’s comments, as he made an important point about directing people to the fund and making it clear that the money is available.

The Government absolutely agree that this area requires further work, and we have committed to looking at these issues. I do not believe these measures are appropriate for this Bill, but I am fully aware of the importance of prioritising player welfare and ensuring that former players and their families have the support they need.

National governing bodies are responsible for the regulation of sports and for ensuring that appropriate measures are in place to protect participants from harm, including head injuries. The Government expect national governing bodies to take the health and safety of players as a top priority.

The Secretary of State and I recently met a small group of affected families and ex-footballers, including individuals associated with Football Families for Justice, to discuss player safety and welfare for those suffering with dementia. We heard, at first hand, about players’ experiences and the views of the group on how safety and welfare could be improved at all levels of the sport.

We are considering what is required, including how to support football to come together to address the problems raised. We are committed to supporting the families and football authorities to come together to address those issues, and our officials are in the process of arranging meetings to further explore the issue.

That has hopefully outlined how the Government and I care very much about these issues. I will briefly say why we do not feel we can accept these measures. I thank my hon. Friend the Member for Caerphilly (Chris Evans) for tabling them, and I thank the hon. Member for Cheltenham for introducing them—he spoke very powerfully.

The regulator will be a specialist regulator with a precise focus on financial regulation, corporate governance, fan engagement and heritage, as we have heard throughout today’s debates. It will be aimed at addressing the main issues that came out of Dame Tracey Crouch’s fan-led review.

We have heard at length, in this House and the other place, about the importance of a tight regulatory scope focused on the market failures that the industry cannot address itself. Even if we wanted to accept this change, we feel it would open the door to other amendments, and indeed to scope creep, which we do not want. But that is certainly not in any way a reflection of how seriously we take this issue—we take it very seriously. We look forward to meeting and working with campaigners, and indeed with everyone in football, to come to a solution on this issue.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - - - Excerpts

Clause 6 sets out the regulator’s objectives, which are its primary aims and also the limits of its statutory remit. As clause 7 sets out, the regulator may act only if the action taken, so far as reasonably practicable, advances one or more of those objectives. I will speak briefly to the objectives, and then we can debate them further.

The first objective is club financial soundness—the ability of individual clubs to continue meeting their debts and liabilities even in the face of challenging circumstances, new risks and financial shocks. The second is systemic financial resilience, which relates to the wider financial resilience of English football. That involves issues that, individually, pose a small problem, but that, when aggregated or multiplied, pose a significant threat to groups, clubs and the pyramid as a whole.

The third objective is safeguarding club heritage and the heritage of English football. Clearly, financial collapse is a risk, but so is the potential for clubs to become unrecognisable to their fans and communities. As we know, the Bill grew out of the fan-led review, which highlighted myriad problems facing football in this country. There are a number of areas where action is needed, but not all the problems are for a statutory regulator to fix. We have been clear about the areas where the regulator would need to act; some relate to issues of sustainability, where we believe that the market has failed, or remains ill equipped, to act.

We believe that the three objectives are the right focus. When I talk about the Bill, I always say—and I said it when I opened today—that at a very basic level clubs have to do three things: be a fit and proper owner, have a business plan and consult their fans. Many are doing that, and doing it well, and in that case there will be no need for duplication. At a very basic level, that is what the Bill and the regulator aim to do.

Football Governance Bill [ Lords ] (Third sitting) Debate

Full Debate: Read Full Debate
Department: Department for Digital, Culture, Media & Sport

Football Governance Bill [ Lords ] (Third sitting)

Max Wilkinson Excerpts
Louie French Portrait Mr Louie French (Old Bexley and Sidcup) (Con)
- Hansard - - - Excerpts

I beg to move amendment 97, in clause 7, page 5, line 27, at end insert—

“(d) conflicts with any regulations or rules of international football governing bodies, including FIFA and UEFA.”

This amendment requires the IFR to exercise its functions so as to avoid conflicts with the regulations and rules of international footballing bodies.

It is a pleasure to serve under your chairmanship, Mr Turner, and to open day 2 of the Committee’s consideration of the Bill. On day 1 there was extensive debate about an issue that I am sure we will also get into today. We Opposition Members were keen to ensure that the Government’s new football regulator will improve transparency, help reduce costs to clubs and fans and stop political interference in football. It was disappointing that Government Members did not support those objectives.

Amendment 97 seeks to ensure that there are no conflicts with any of the regulations and rules of international footballing governing bodies, including FIFA and UEFA. It clearly requires the Independent Football Regulator

“to exercise its functions so as to avoid conflicts with the regulations and rules of international footballing bodies.”

As we know, UEFA has written to the Secretary of State to set out its concerns with the Bill. The letter came after the Government introduced the expanded version of the Bill. It is disappointing that the Government continue to refuse to publish it so that all Members can have an informed debate about the risks that UEFA outlined. I will not go over that debate again—I might get a yellow card if I do. The amendment would require the Government’s regulator to exercise its functions in a way that avoids conflicts with the rules, statutes and regulations of international football governing authorities, especially FIFA and UEFA.

The amendment is designed to protect the regulator’s ability to carry out the functions that the Government have assigned to it without inadvertently triggering consequences that could seriously damage English football’s standing in the international game and, in the worst-case scenario, lead to English clubs being removed from the Champions League and—perhaps more seriously—the national team being banned from competitions such as the European championship and the World cup. Let us make no mistake: if the Government’s regulator were to exercise its powers in ways that contravene the established framework of global football governance, the ramifications would be swift and severe.

A particular area of concern stems from one of UEFA’s fundamental requirements, which is that there should be no Government interference in the running of football. As hon. Members might know, under FIFA’s rules, any form of what is deemed undue third-party interference in the affairs of a national football association can result in disciplinary action. That can include suspension of the football association itself, exclusion of clubs from European competitions or the ineligibility of players to represent England in FIFA-sanctioned tournaments such as the World cup.

Max Wilkinson Portrait Max Wilkinson (Cheltenham) (LD)
- Hansard - -

It is a pleasure to serve under your chairship, Mr McCartney—[Interruption.] I am sorry, Mr Turner. Let the record show that I am living in the past—perhaps not as far in the past as some Opposition Members. My concern about what the shadow Minister is saying is that the Opposition seem to be keen on setting a higher bar for football than they would for areas of general law when we are talking about interactions across national borders, with the European Court of Human Rights and the European Union in mind. Will he reflect on that?

Louie French Portrait Mr French
- Hansard - - - Excerpts

The Lib Dem spokesman makes an interesting comparison. As I said in the Committee’s debate on Tuesday, my focus is on football, and I am outlining with this amendment my concerns about the interactions of a sport with other international competitions. I will come on to explain why football in particular is interwoven with international principles. The majority of fans want to focus on the sport, rather than politics. I am sure that there are many more debates to be had on issues such as the ECHR in the rest of this Parliament. I will stick to football today, but I appreciate the hon. Gentleman’s comments.

UEFA’s ultimate sanction would be excluding the federation from UEFA and teams from competitions. That risk is very real: it has happened before and can happen again. In 2006, the Greek football federation was banned from European competition. People might argue that I am trying to scaremonger, but I am trying to highlight that this is a real risk.

It is important to clarify what FIFA and UEFA mean by “third-party interference”. It is not a casual term; it is clearly defined in their statutes. It refers to instances where public authorities, including Governments or regulators created by Government legislation, exert influence over how football is run in a way that compromises the independence of football associations and clubs. Examples include dictating the appointment or removal of club directors—which the Bill does—influencing the outcome of football disciplinary procedures and imposing governance models that conflict with internationally recognised standards.

Any new licensing requirements introduced by the IFR must be meticulously aligned with existing UEFA and national frameworks. It is therefore important that the IFR’s licensing criteria are complementary to football and created in full consultation with clubs and any other affected parties. Does the Minister accept that clubs, as entities directly impacted by licensing regulations, must have a full voice in the development and implementation of those requirements? What consultation are the Government or their regulator currently undertaking on these regulations?

Let me be clear: I understand that the creation of the IFR in and of itself is on the borderline of what constitutes third-party interference. We are taking great care to help the Government to redesign a regulator that is fully independent of Ministers and professionally competent. However, in the absence of clear statutory guidelines to avoid conflicts with international rules, there is a risk, or perhaps even an inevitability, that the Government’s regulator may, at some point in the future, cross a line drawn by UEFA or FIFA.

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Max Wilkinson Portrait Max Wilkinson
- Hansard - -

My hon. Friend the Member for Newbury has suggested that that approach means that the Conservative party is happy being a rule taker, after all. Is that the case?

Louie French Portrait Mr French
- Hansard - - - Excerpts

I appreciate what the Lib Dem spokesperson is trying to do, but I point out that English football has been involved directly with the rules that have been made and continue to be made.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

Will the hon. Gentleman give way?

Louie French Portrait Mr French
- Hansard - - - Excerpts

I think I know where this is going, but go on.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

Does the hon. Gentleman agree that the way in which our FA has been involved in the making of those rules is a little bit like some other supranational organisations that we were a member of in the past—for example, the European Union?

Louie French Portrait Mr French
- Hansard - - - Excerpts

I would argue very strongly that when the English football team finally wins the World cup, it will get much more out of FIFA than this country would ever get out of the European Union.

English football does not exist in a vacuum, but the Bill acts as if it does. The global football ecosystem is fantastically complex, but the Bill is simple, clunky and—I am afraid to say—full of holes, which would potentially leave English football to drown among its international competition. I also fear that it will create even more legal cases, whereby clubs end up spending more time in courts than they do focusing on the football matches themselves.

To act as if we can disregard those international rules, or to suggest that a domestic regulator can impose conditions without reference to them, would be to invite precisely the sort of jurisdictional collision that could see English football punished because of the good intentions of Members of this House. We cannot just pander to the politics; we must be practical about the potential havoc that the Bill will wreak across the English football pyramid.

If FIFA or UEFA were to exclude English clubs or the national team from international competitions as a result of perceived third-party interference, the consequences would be nothing short of catastrophic. As hon. Members will know, the Premier League generates more than £6 billion in revenue annually, with over £1.8 billion coming from overseas broadcasting rights alone. In fact, I understand that the Premier League is the first sporting competition in Europe to generate more from its international broadcasting rights than it does from its domestic rights.

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Joe Robertson Portrait Joe Robertson
- Hansard - - - Excerpts

The hon. Lady and I can debate all day what we think is political and our recollection of what FIFA has ruled or not ruled in the past. However, that is not relevant, because she and I will have no decision-making authority over the football regulator once the Bill is passed. It would be much better that we build into the system a requirement for the regulator to comply with FIFA and UEFA rules, whatever they may be, to secure the future of our domestic football teams in international tournaments.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

I may have misread the documentation for this Committee, but I am pretty sure I read an Opposition amendment that would allow a football club’s political intervention or statement if the club had established that a majority of its fans were in favour of that political statement or intervention. That seems to be somewhat at odds with what is currently being argued.

Joe Robertson Portrait Joe Robertson
- Hansard - - - Excerpts

No, I do not accept that. All the amendment does is to seek the compliance of the football regulator, which this Government are trying to set up, with the major international governing bodies—FIFA and UEFA. Any arguments about political interference and political symbols and how decisions on them are made will be a matter for FIFA, UEFA, the FA and the regulator, but we should want to ensure that the regulator is required not to do anything that conflicts with the rules of FIFA and UEFA.

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Louie French Portrait Mr French
- Hansard - - - Excerpts

I beg to move amendment 98, in clause 7, line 35, at end insert—

“(3A) The IFR may not redistribute revenue, income or any monies from one regulated club to another regulated club.”

This amendment prevents the IFR from redistributing any funds from one club to another.

Again, it is a privilege to speak under your chairmanship, Mr Turner. I promise that this speech will be slightly shorter than the last one—people will be pleased to know that.

Amendment 98 would make it explicit that the Government’s regulator should not engage in the practice of redistributing income or revenue from one club to another. This is a necessary and prudent safeguard and goes to the heart of how we preserve competitive integrity, protect private investment and ensure that the scope of the regulation does not veer into a form of creeping central planning in our national game. Nowhere in the Bill as it stands is it clearly ruled out that this new public body—run by an appointee of the Secretary of State, as we have heard—could compel the transfer of funds between clubs in the name of sustainability, redistribution or solidarity.

That is why the amendment is so important. It would place a clear statutory limit on the power of the Government’s regulator. It would ensure that the regulator could not, in any circumstances, divert resources from one privately owned club to help to subsidise another. It would preserve the principle that the money earned by clubs—through good management, fan support, on-field success or commercial acumen—belongs to those clubs, not to a central authority acting as some sort of financial equaliser. Although I am sure that hon. Members will say that that will never happen, it is important that we, as Members of this House, make sure that it never does. If Members believe that it will never happen, making this amendment to the Bill will not affect the operation of the Government’s regulator. There is no reason to oppose the amendment, other than political goal scoring.

This issue goes far beyond football; it touches on the fundamental principles of ownership, competition and economic freedom. As we have heard, private investment in English football has helped to transform the game. Whether in the Premier League or lower leagues we have seen owners, both domestic and international, commit hundreds of millions of pounds to develop stadiums, invest in training grounds, nurture local talent and grow their clubs responsibly. That investment has come in the expectation of fair competition and the ability to retain the fruits of one’s success. We all know that it has not always been done with the best intentions, but the Government have decided to bring in a regulatory sledgehammer to crack this particular nut. A small minority of owners should not be responsible for upending the entire English football system, which has stood and evolved over more than 100 years.

If the Government’s regulator is granted the power to override that and to redistribute revenues forcibly between specific clubs, that risks undermining the very conditions that made English football the most watched and commercially successful league system in the world. It sends a chilling message to investors that success may be penalised, ambition discouraged and financial reward diluted in the name of a central diktat. It would also, as I said when I moved amendment 97, demonstrate a total violation of the independence of English football from a Government regulator, which would assuredly constitute a violation of UEFA and FIFA rules, in turn leading to the expulsion of our clubs from competitions, as we have just discussed. UEFA states that mandating redistribution that affects

“the competitive balance in the game and wider European competition would be of concern to us. We also fear that having a third party intervene in redistribution would likely prevent amicable solutions being found.”

It is not difficult to imagine where that could lead. A well-run League One club, generating income from smart ticketing and loyal fan engagement, could find its revenues skimmed off to support a rival that has been less prudent or less entrepreneurial with its fan engagement. A Championship club breaking even through hard decisions and local investment could be told that its television share will be trimmed to subsidise losses made elsewhere by a less prudent board or chairman. That is not regulation, but redistribution by bureaucratic diktat.

Let me be clear: I am not opposed to the redistribution of moneys in English football. Voluntary redistribution negotiated by clubs, leagues and the FA is a long-standing and respected feature of the game, but there is a profound difference between clubs choosing to support one another and the Government’s regulator imposing that from above, using statutory powers to shift money between private enterprises without consent.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

In some countries, television deals are struck directly between broadcasters and clubs. If that happened in this country in the future—were Manchester City, Arsenal or Liverpool to strike a direct deal—would we not end up in a situation where the regulator might have to consider redistributing directly from one club to ensure that the redistribution that the hon. Gentleman argues for can take place?

Louie French Portrait Mr French
- Hansard - - - Excerpts

I understand the Lib Dem spokesman’s point, but in my understanding, that would be the responsibility of the leagues. That is not what we are trying to block with this amendment; we are trying to block club-to-club forced redistribution. That is an important distinction, and I will come on to explain why.

I do not believe that this is a theoretical concern. The regulator’s objectives include financial sustainability. One can easily imagine a future regulator interpreting this objective to mean that it should balance resources across the pyramid, effectively redistributing funds to prop up weaker clubs. Without this amendment, nothing in legislation explicitly prevents such a scenario.

Some may argue that redistribution is needed to make the game fairer—I understand that point—but fairness in football has always been earned through competition, not imposed through central control. We must be very cautious about importing the language and logic of equalisation into a sport that depends for its vitality on aspiration, competition and merit. Sporting competition is a hill that I am willing to die on.

It is also worth noting that forced redistribution between clubs would create perverse incentives. It would reward financial mismanagement and punish prudence, and it would create a moral hazard where clubs are less motivated to balance their books if they believe that the regulator will require others to bail them out. That is not a path to sustainability; it is a recipe for mediocrity, or worse, disaster.

The principle at stake is clear: the role of the regulator is to set standards, ensure compliance and uphold integrity, and not to act as a central accountant deciding who deserves what. If clubs wish to strike revenue-sharing deals through their leagues, they may do so. The amendment draws a line: it protects club autonomy and supports continued investment in the game, and it ensures that the Government’s regulator—whatever its remit ends up being—respects the rights of clubs to manage and retain their own finances.

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We are not sure that the new regulator should have any role in trying to seek to change existing commercial agreements that have been entered into in good faith at that point in time.
Max Wilkinson Portrait Max Wilkinson
- Hansard - -

It is a pleasure to serve under your chairship, Mr Turner—I got it right this time.

We support the amendment. We believe it is in the interests of the game to redistribute money further from the top to the Football League and further down the pyramid. We believe the only way that will be achieved is if, via the mechanism of the football regulator, there is regular reporting that then demonstrates what we know is true—that an increasing amount of money is being hoarded by the Premier League, while those lower down tend to miss out.

We know that over the past few years or decades, since the inception of the Premier League, more and more money floating around in football is being retained by the Premier League as a proportion of the amount of money that is available. That is not a good thing for football. It is not a good thing for the sustainability of the game. We believe that this simple reporting mechanism will give further oxygen to the discussion about why that is harmful, and will hopefully, over time, result in further redistribution. That is why we support and welcome the amendment.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - - - Excerpts

I thank my hon. Friend the Member for Sheffield South East for the amendment. I understand its aims. We do not consider it necessary, as we are confident that the Bill already covers the issue. Per clause 10, the regulator will be obliged to look into the main issues affecting English football and any features of the market that risk jeopardising its objectives. If the existing distribution arrangement meets either of those criteria, the regulator will cover it in the state of the game report. I reassure my hon. Friend that the regulator has the ability to address distributions in the sector if the current scenario reaches a threshold, and we will discuss those powers when we get to part 6.

In general, we have not taken the approach of being overly prescriptive and listing every issue the regulator could and should look at here in the Bill.

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Louie French Portrait Mr French
- Hansard - - - Excerpts

Clause 10 provides for what is described as a state of the game reporta new mechanism by which the Government’s regulator is expected to take stock of the health, direction and trends within English football. It is, in theory, a very valuable exercise for both fans and clubs. Done well, it offers an opportunity to review not only the financial condition of the game but its accessibility, integrity and future direction. But for the clause to serve its purpose, the report must include those issues which matter most to the people who sustain our national game—the fans that it purports to protect. That is why I wish to speak to my amendments 123 and 122.

Amendment 123 would require the state of the game report to include an assessment of the impact that the regulator’s activities have had on ticket prices. Amendment 122 is tabled in a similar vein, and would require that same assessment to appear in the regulator’s annual report as well. These are modest and reasonable proposals, but they are also very important.

The cost of attending football in this country has risen markedly in recent years. For millions of supporters, particularly those attending with children or travelling away from home, football is no longer the affordable pastime it once was—we have seen those protests in the stands and outside grounds on a number of occasions this season. While the causes are complex, it is certain that increased regulatory costs, compliance burdens and mandated structural changes may be passed on, directly or indirectly, to the supporter at the turnstile. If we are to create a regulator with statutory powers over finance, governance, and club operations, surely it is not too much to ask that we track the real-world consequences of those interventions.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

I think the hon. Gentleman is arguing that ticket prices are already going up anyway. Football clubs are raising their prices—in some cases, as fan groups have argued, in the case of Manchester United, for example, unnecessarily—and are discriminatorily against people who have disabilities. Certain concession tickets are being removed already. I wonder whether he might reflect on the free market as it currently operates in football, or whether that is failing already, so that the regulator actually is trying to solve some of these problems by ensuring that fans are properly engaged with on these matters.

Louie French Portrait Mr French
- Hansard - - - Excerpts

I absolutely understand the point that the spokesman for the Liberal Democrats makes. One of the extreme examples, which he used, of Manchester United—if I remember correctly, the owner involved was one of the people who were coming out in support of a Labour Government before the last election, so it will be quite interesting to see what the Minister says about the behaviour of said advocate of the Labour Government in that regard. He makes an interesting point, because fans are being impacted by ticket prices; we all understand that. It is about, as I have consistently tried to say—it is a theme of our amendments—ensuring transparency about how the regulator is or is not impacting the game. We believe the amendment represents a fair and reasonable request—that someone marks the regulator’s homework so that we can understand the impact.

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Lincoln Jopp Portrait Lincoln Jopp
- Hansard - - - Excerpts

I rise as someone who currently has an invitation in my inbox to renew my season ticket for an eye-watering £950. I would love to know where all that money goes, as the shadow spokesman said, and why the price has gone in the direction it has.

The amendment should not be seen as counter to the regulator. There was significant pushback from the Government Benches when we tried to amend the regulator in terms of size and pay, and we also discussed the budget. If, in a regulated environment, the ticket price went up from £950 to, say, £980, then this amendment would ensure that fans were made aware that that 30 quid had gone on being part of a regulated industry. That is a perfectly reasonable thing for us to want to communicate with the viewing public. Equally, it would create a relationship between the fan and the regulator that might not otherwise be there, so I support the amendment.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

We are strongly opposed to the amendment, for a few reasons. First, it will be impossible for the regulator to know whether its actions and costs are being reflected in ticket prices. It must be absolutely obvious to everyone that the cost of the regulator per club is dwarfed by the salaries of the first team of a Premier League club alone. A bit of back-of-a-fag-packet maths tell us that. I am aware that the hon. Member for Isle of Wight East is not keen on this, but it is important for us just to use some simple logic. It will be impossible for the regulator to know, so it will have to go to the football clubs and ask the owners, who, let’s face it, might have an interest in blaming the regulator for increased ticket prices, whether or not the actions of the regulator have been the cause.

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Lincoln Jopp Portrait Lincoln Jopp
- Hansard - - - Excerpts

The Liberal Democrat spokesman talks about dodgy owners. My season ticket is for a Premier League club; a season ticket for, say, Ashford Town (Middlesex) FC for the forthcoming season is £130. I think part of the function of this amendment is to make the regulator aware of the costs that it puts on well-run but smaller clubs. Simply making decisions and acting under this legislation without any sense of the financial impact and imposition that it is making on those clubs would be a very worrying way to do business, but the amendment would slightly redress the balance between club and regulator.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

It is not clear to me that Ashford Town (Middlesex) would be one of the clubs covered by the regulator. I am not sure what division they are in, but I do not think they are in the top five at the moment, although I wish them well in the forthcoming season and their efforts for promotion.

Louie French Portrait Mr French
- Hansard - - - Excerpts

I am not going to guess what league that club is in, but I am sure they are brilliant, whoever they are. I will not seek to offend anyone’s club by not knowing what league they are in. But the fundamental premise of the argument that the Liberal Democrats are making is that this amendment would give bad owners, if we can describe them as that, a get-out clause to blame the regulator for decisions that they are making. I think that is the argument, and the hon. Member is nodding, but this amendment would, if anything, help to shine a spotlight to stop them making that argument, because they can do that regardless of the amendment. We know that a regulator will come in. The Labour party has a huge majority; the regulator is coming, so the same owners, using the same principle he has just argued, could still make that argument, regardless of this amendment, because they know that they will have extra duties. The amendment simply seeks to ensure that fans and ticket prices are at the heart of the reporting that we see in the future, as Members and as fans as well.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

We are seeking to avoid the guarantee that what has been described will happen. As I have said, I think it will be impossible for the regulator to know, so it will be putting a finger up in the air and saying, “We think it has been 50p per ticket in League Two” or in the National League, and it may be £1 per ticket in the Premier League. But the regulator will not know. We cannot know now; it will not know in the future. Only the people who own the football clubs will be able to say, and it is obvious what they will say; we will be giving them a get-out. We strongly oppose this amendment, for those reasons.

Joe Robertson Portrait Joe Robertson
- Hansard - - - Excerpts

Once again, I am going to refuse the temptation to make a political point about back-of-a-fag-packet calculations by the Liberal Democrats. This amendment does not provide a get-out for clubs to blame the regulator for putting their ticket prices up. They could do that anyway. Clubs can, if they want, try to blame the regulator, regardless of whether the regulator has a power or a compulsion to assess its own impact on ticket prices. What the amendment seeks to do is just add a layer of transparency. Of course, it is up to the regulator to make its own assessment of its impact on ticket prices, and it may be that its assessment is that it has had a negligible effect. However, it seems entirely reasonable, in the interests of transparency, to compel the regulator to nevertheless make this assessment. At the end of the day, we should all be here in the interests of one group of people only—the fans—and it would be a great shame, indeed worse than that, if the regulator were to increase the cost of match tickets, which are already very high.

Football Governance Bill [Lords] (Fourth sitting)

Max Wilkinson Excerpts
Clive Betts Portrait Mr Betts
- Hansard - - - Excerpts

Absolutely. I ask the Minister just to think about it. As my hon. Friend just said, the current provision is one report per Parliament. We can look back over the past five years and see that a lot has changed—there is a lot more money in the game—and if the regulator is going to be there, its main role will be to look at this issue. Allow, encourage and make it do that a bit more quickly. If the Minister cannot accept the amendment today, could she at least indicate that she might give it further thought and have discussions about it before Report stage?

Max Wilkinson Portrait Max Wilkinson (Cheltenham) (LD)
- Hansard - -

It is a pleasure to serve under your chairship, Ms Butler—it is appropriate that you are chairing given that, as I understand it, the road to Wembley runs right through your constituency. I will say only that we support both amendments. The principles that the hon. Member for Sheffield South East stated apply, and more regular reporting will clearly help the regulator to hold itself and clubs to account. On whether it should be 12 or 18 months, I think the sooner it is done, the better, and then we can get on with sorting out the state of football.

Louie French Portrait Mr Louie French (Old Bexley and Sidcup) (Con)
- Hansard - - - Excerpts

It is a privilege to serve under your chairship, Ms Butler—a half-time substitute in today’s proceedings. I will speak briefly to the amendment. I completely understand the objective that he is seeking to nudge the Government towards, which he explained well. The obvious question for the Minister is whether more frequent reporting—three years rather than five years—would mean additional costs. I await the Minister’s response, but I understand that the hon. Member is not seeking to press his amendment to a vote.

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Max Wilkinson Portrait Max Wilkinson
- Hansard - -

It is a pleasure to serve under your chairship, Ms Butler. I reassure the Government Whips that the hon. Member for Sheffield South East and I have not been collaborating, but we have clearly been speaking to the same fans’ groups, who are very supportive of the Bill. There is a very simple principle here: some clubs may struggle with the regulatory burden, as has, I think, been expressed by all Members during the discussion. The way of solving that is not to take the steps that the Conservatives have suggested; it is for the regulator to take a reasonable view on how it might support those clubs.

New clause 6 may well not pass, but I hope that the Minister takes away the message to work with regulators, so that the regulator, when it is set up, is in a position to support the smaller clubs that have maybe only a few full-time members of staff, or even fewer than that. We back the expansion of the regulator to the sixth tier as well; in those circumstances, it would be particularly important that such support was available.

Louie French Portrait Mr French
- Hansard - - - Excerpts

I am not sure whether that was the start of an official or unofficial coalition between the Liberal Democrats and the Labour party, but we will see what the future holds.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

At least we won’t be in coalition with Reform.

Louie French Portrait Mr French
- Hansard - - - Excerpts

The Liberal Democrats might be in coalition with Reform? Is that what the hon. Gentleman said?

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

No, but you might be.

None Portrait The Chair
- Hansard -

Order.

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Clive Betts Portrait Mr Betts
- Hansard - - - Excerpts

I am very reassured by the Minister’s comments, so I shall not press my new clause to a vote.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

I echo what was said by the hon. Member for Sheffield South East.

Question put and agreed to.

Clause 15 accordingly ordered to stand part of the Bill.

Clause 16

Application for provisional operating licence

Louie French Portrait Mr French
- Hansard - - - Excerpts

I beg to move amendment 99, in clause 16, page 10, line 10, leave out subsection (c).

This amendment prevents the IFR from requiring information from clubs in the other than the personnel statement and strategic business plan specified by the Act, when applying for a provisional operating licence.

Football Governance Bill [ Lords ] (Fifth sitting) Debate

Full Debate: Read Full Debate
Department: Department for Digital, Culture, Media & Sport

Football Governance Bill [ Lords ] (Fifth sitting)

Max Wilkinson Excerpts
New clause 16, also in my name, would ensure that fans had not only a voice on these matters, but a meaningful say in the political positions adopted by their clubs. This is a modest but necessary step to ensure that clubs remain accountable not just to their owners, but to the communities that they represent. Football clubs are not private playthings; they are social institutions, embedded in the life of their towns and cities and with supporters whose loyalty often spans many generations. When a club chooses to make a public statement on a political or social issue, it does so in the name of those fans. It is only right that they should have a voice in that process.
Max Wilkinson Portrait Max Wilkinson (Cheltenham) (LD)
- Hansard - -

Would this new clause preclude the owner or chairman, or some other executive officer or member of staff, of a football club from standing for election? I can think of one example: a former chairman of my club Southampton, the hon. Member for Great Yarmouth (Rupert Lowe). He stood for the Referendum party in the Cotswolds in 1997, shortly after he had become the chairman of Southampton football club, and he is rumoured to be joining those on the Conservative Benches soon. I wonder whether the hon. Member for Old Bexley and Sidcup would be against that sort of thing.

Louie French Portrait Mr French
- Hansard - - - Excerpts

I will try to stick to the footballing part of the question and not stray into the transfer market, which I believe opens today or tomorrow. When we have people camped outside Conservative Campaign Headquarters on deadline day, I will know that the hon. Member for Great Yarmouth has sent them there. In all seriousness, what we are looking to do is to talk about representations made by a club in an official capacity rather than a personal capacity. I think that there is an important distinction with what a person does in their own time. What was the party—the Referendum party? The hon. Member for Cheltenham is showing his age.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

Some would regard wearing rainbow laces for Pride as a political statement. In the hon. Member’s ideal world of football governance, would a club have to go to a referendum of its fans to work out whether its players and the club could wear rainbow laces for Pride, for example? Would that not be more pointless bureaucracy?

Louie French Portrait Mr French
- Hansard - - - Excerpts

We are not suggesting a referendum. We are saying that fans should be involved in the decision-making process. There is a debate around Pride and other issues, but that is not the point we are trying to make. We are trying to make sure that football clubs, wherever possible, stick to the game and that fans have a say. I have already said that we are not trying to bind clubs and prevent them from addressing initiatives that are often taken by the leagues rather than just individual clubs, but we are trying to ensure that fans have a say.

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Louie French Portrait Mr French
- Hansard - - - Excerpts

I completely appreciate the hon. Member’s point. As he highlighted, clubs have done a lot of this good work themselves, so I do not believe that the Government or their regulator need to dictate on terms where clubs have that good practice already. My new clause tries to draw a line so that fans will have a say on any such issues and, in particular, on contentious ones. I do not personally believe that kicking racism out of football is a contentious issue. The vast majority of fans would absolutely support that, and have supported for many years the work that that campaign has done.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

Will the hon. Member give way?

Louie French Portrait Mr French
- Hansard - - - Excerpts

I am going to try to make some progress.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

I have a really important point about a referendum.

Louie French Portrait Mr French
- Hansard - - - Excerpts

Yes, okay.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

New clause 16 specifically says that the club must establish that there is support from

“a majority of the club’s fans in England and Wales.”

That is really difficult to establish. Committee members will have been in football grounds and heard a number of opinions expressed in vociferous terms from the stands. I challenge anyone to say that it is possible to establish that a majority of fans either support or do not support any kind of political statement that might be made by a club. I just do not think the new clause works.

Louie French Portrait Mr French
- Hansard - - - Excerpts

I am not sure what to say about that, but the hon. Member can have his say when the Committee votes on the matter shortly. He has stated his belief.

In recent years, we have seen clubs wade into contentious debates, sometimes with noble intentions, without any formal engagement with their supporter base. Whether we are talking about a statement on a foreign conflict, domestic legislation or ideological campaigns, such interventions can divide opinion and risk alienating the people who pay their money, wear the shirt and keep their club alive. Nobody is arguing that clubs should be barred from speaking on social matters, but they should be expected to act with consent, not presumption. Fans should not wake up to find their club being used as a platform for views that they had no part in shaping. The new clause would not restrict freedom of expression; rather, it would enhance democratic accountability in football.

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Stephanie Peacock Portrait Stephanie Peacock
- Hansard - - - Excerpts

I will begin with a couple of brief points in response to the shadow Minister. However, as Sir Jeremy has just outlined, some of the shadow Minister’s points relate to schedule 4 more broadly, which falls under group 38, and the points on fan engagement fall under group 48. I will make some quick comments, but I am happy to take some points away and elaborate further when we come to those groups.

The shadow Minister asked a specific question about what constitutes “adequate” and “effective”. The Bill is intentionally designed to allow for each club to have its own approach to fan engagement. That is why a specific form of fan engagement is not mandated in order to meet the benchmark of adequate and effective. Instead, we expect that the regulator will look at a number of factors to assess fan engagement at clubs, and publish guidance for clubs on what will be expected. Across all of that, the regulator will look to uphold proportionality, taking into account the size and make-up of each club and what is appropriate. We will revisit those issues when we move on to groups 38 and 48. Of course, the debate on ticket pricing has been well rehearsed. This Government added an obligation to consult fans on ticket prices, which will strengthen the fan voice on that issue.

Amendment 104 seeks to add a requirement for a club to consult fans on any political statements or positions that it makes or takes, and new clause 16 seeks to mandate fan approval prior to any political statement or political activity being made by the club, its players or staff. It is not the place of a statutory regulator tasked with financial sustainability to limit or add additional approval processes for political speech or action. Clubs and leagues here and abroad take positions on a variety of issues that could be deemed political, and that is their right.

However, it is not appropriate for an independent statutory regulator to take subjective positions, or opine on the positions of others, in the same way—especially not a regulator tasked only with a tight mission of financial sustainability, to which political statements bear no relevance. It may be that clubs wish to consult their fans in this regard as part of their regular fan engagement. We would not expect the regulator to have any issue with that, but it is not something that it will require of clubs.

The Bill is intended to ensure that fans have a voice in key decisions regarding their club, but we must ensure that this is proportionate. That is why we have not listed every possible issue on which clubs should engage their fans in minute detail. We also do not want to inhibit the free speech of players or any representatives of the club. It is also notable that many sporting personalities have used the attention that the sport gets to protest relevant issues that concern them. We do not want to inhibit the free speech of any of those individuals.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

Is the Minister concerned about inhibiting the free speech of Members of the House of Lords, for example Baroness Brady, who made significant and very valuable comments in the debate on the Bill in the other place, and then repeatedly made similar statements in the press and other media? She is, of course, a representative of West Ham and the Conservative party, as was noted by the hon. Member for Portsmouth North. Would we seek to retain her freedom of speech and freedom of expression by voting down new clause 16?

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Louie French Portrait Mr French
- Hansard - - - Excerpts

In my previous career, I headed up sustainability on ESG, so I understand the hon. Lady’s point. If she will let me continue, I believe my points will answer her question.

This country’s football clubs are not arms of the state. They are private institutions, many of which are more than a century old, with proud identities shaped by the local community’s traditions and values. Their job is not to issue corporate platitudes on diversity but to serve their supporters, compete on the pitch and conduct themselves with financial integrity. Mandating EDI reporting risks turning the regulator into a cultural enforcer rather than a steward of good governance.

Importantly, however, we must also consider the burden it will place on clubs, particularly those in the lower leagues. Our amendments go to the heart of an argument that has served us time and again during the scrutiny of the Bill: the risk of regulatory overreach and overburden. Clubs in League One and League Two, National League outfits and even some Championship sides already struggle with the administrative requirements expected of them, from audit processes to licensing compliance. Adding more politically motivated reporting requirements, particularly in controversial and contested areas such as EDI, risks deepening the strain without any justification related to the Bill’s primary purpose: football. Some may argue that football has a responsibility to lead on matters of social justice, but cultural change should not be imposed by statutory mandate. Real change, where needed, comes from within; from clubs taking action because it is right for them and their supporters, not because a regulator demands it as part of its governance tick-box exercise.

We can see that with Forest Green Rovers, a club that chose, of its own accord, to take a distinctive approach to sustainability, ethics and inclusion not because a regulator told them to, but because it aligned with their leadership values and the identity they wanted to build. Whether or not one agrees with their choices, the point is that they were made voluntarily. That is the right way to foster progress in football—through leadership and initiative, not through regulatory coercion.

As we discuss schedule 5 and the role of corporate governance statements in football clubs reporting, it is important to recognise the significant work already underway in the game on EDI—work that is being driven voluntarily and effectively by the FA, Premier League, EFL and National League without an overzealous and politicised regulator interfering. The Premier League has developed its own EDI standard, known as PLEDIS. It provides clubs with a clear, structured framework to improve inclusion both on and off the pitch. It is not a mere tick-box exercise, as we fear the Government regulator will be. It is a rigorous programme of three levels: preliminary, intermediate and advanced. Clubs must earn all of those levels for evidence-based progress and independent assessment.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

The shadow Minister referenced Forest Green Rovers, which is the rival club to my town’s club, Cheltenham Town. I have nothing against Forest Green Rovers. They have vegan catering, and many people view veganism as a political statement. That is, of course, a business choice that Forest Green Rovers made and it has served them well. Based on a previous amendment the shadow Minister tabled, would he suggest that the fans should have been consulted on the move from meat to vegan food being served in the grounds?

Louie French Portrait Mr French
- Hansard - - - Excerpts

I am happy to answer that with a simple yes. They should have been consulted.

To date, 27 clubs have engaged with PLEDIS, and 18 have achieved the advanced level. Clubs such as West Ham United have demonstrated genuine leadership by embedding EDI principles deep within their organisation over multiple years without the need for Government involvement.

Beyond PLEDIS, the Premier League’s “No Room for Racism” campaign highlights a range of targeted initiatives, from supporting coaching pathways to enhancing representation among players and officials from diverse backgrounds. Premier League schemes such as the professional player to coach scheme and the coach inclusion and diversity scheme have supported more than 80 coaches into full-time professional roles. Meanwhile, thousands of grassroots participants benefit from programmes aimed at increasing access for under-represented communities in football, including the south Asian action plan.

Meanwhile, the English Football League has also taken proactive steps through its equality code of practice, which encourages clubs to set ambitious, measurable goals and recognise best practice through an awards system, with 10 clubs having attained silver status as of last year. The EFL’s community outreach includes programmes such as the Stronger Communities cup, which promotes social cohesion by bringing together girls from local communities and girls who have been forcibly displaced. The EFL Trust’s talent inclusion programme further demonstrates how clubs are creating pathways for young women from diverse backgrounds, ensuring that football’s future is open and accessible. All that work has taken place without the need for the Government’s regulator to interfere.

These efforts underline a key principle: real progress on equality and inclusion in football comes through leadership, commitment and initiative, not through bureaucratic mandates or additional regulatory burdens. Clubs are already stepping up in a meaningful way. That is why we argue against adding a new statutory reporting requirement on EDI in the Bill. We believe that this would risk distracting from the core purpose of the Bill—ensuring sound governance and financial sustainability within English football—while imposing burdens that may not add tangible value.

I urge hon. Members to recognise the existing achievements of football and to support my amendments, which would remove the unnecessary requirements for clubs to report on EDI action in their corporate governance statements. Fans do not attend matches to receive diversity statements. They go to support their team, share in the highs and lows, and pass on the tradition that means something to them and their community. They do so as part of a footballing community that is focused on the team they support, not the colour of a supporter’s skin, their religion or their sexual preference.

These initiatives reflect concerted efforts by the Premier League, the FA, the EFL and the National League to foster an inclusive environment in football. They demonstrate that meaningful progress on EDI can be achieved through voluntary, club-led actions rather than statutory mandates. What precisely do the Government intend that their regulator do with these EDI statements? Will they be assessed for adequacy and ranked against each other? Will penalties be imposed for perceived failure to meet EDI expectations? The risk is not just regulatory creep, but mission creep—the regulator may become an arbiter of social values rather than a guarantor of financial sustainability and good governance.

Let me be absolutely clear: we support inclusivity and fair treatment in football and beyond. Discrimination has no place in the game. Kick It Out and Show Racism the Red Card do important work, and we will continue to support that work, but not by putting extra burdens on clubs that are, in many cases, already struggling due to Labour’s decision to hammer businesses at every turn and twist.

Football Governance Bill [ Lords ] (Sixth sitting) Debate

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Department: Department for Digital, Culture, Media & Sport

Football Governance Bill [ Lords ] (Sixth sitting)

Max Wilkinson Excerpts
Stephanie Peacock Portrait Stephanie Peacock
- Hansard - - - Excerpts

Clause 23 already tightly constrains the regulator’s ability to set discretionary licence conditions, and the shadow Minister’s earlier amendment sought to tighten that further, but it would have left the regulator unable to act as necessary to ensure financially sustainable clubs. It would have been unable to manage unsustainable debt or spiralling spending.

The regulator must act in accordance with its objectives and duties at all times, which include transparency and consistency. It can tailor regulation to clubs that will not breach UEFA statutes. I draw hon. Members’ attentions to page 14 of the Bill, which outlines in detail the scope of the powers to attach or vary licence conditions. Of course, a discretionary licence condition relating to the financial resource threshold requirement may only, as I said earlier,

“relate to debt management…relate to liquidity requirements…restrict the club’s overall expenditure, or…restrict the club’s ability to accept or receive funding which the IFR reasonably suspects to be connected to serious criminal conduct.”

We expect the regulator to work with clubs. If they are acting in good faith, we have said all along that the regulator will work with them. I think that answers the shadow Minister’s points.

In my opening remarks on this clause, I outlined in detail that there is a process available to come to a football-led solution. If the regulator thinks that giving a club notice or allowing for representations would jeopardise or risk jeopardising one of its objectives, it can apply the licence condition immediately, without prior notice. However, there is scope within the Bill and the regulator’s powers to reach football-led solutions in which it works together with clubs.

Question put and agreed to.

Clause 23 accordingly ordered to stand part of the Bill.

Clause 24 ordered to stand part of the Bill.

Schedule 6 agreed to.

Clause 25 ordered to stand part of the Bill.

Clause 26

Part 4: overview and interpretation

Max Wilkinson Portrait Max Wilkinson (Cheltenham) (LD)
- Hansard - -

I beg to move amendment 75, in clause 26, page 19, line 20, at end insert—

“(c) respects and promotes the protection of human rights and prevents modern slavery (as set out in section [Human rights and modern slavery considerations]).”

This amendment is linked to NC8.

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss new clause 8—Human rights and modern slavery considerations

“(1) When considering whether a person (‘A’) satisfies the requirement in section 26(7)(c), the Regulator shall have regard to (among other things)—

(a) whether A has been complicit in any egregious or consistent violation(s) of international human rights law, whether of any international human rights treaty, customary law, or other instrument,

(b) whether A has been convicted, cautioned or reprimanded or complicit in any egregious or consistent violation(s) of domestic human rights legislation, including breaching provisions in the UK Modern Slavery Act 2015 or equivalent national legislation,

(c) whether A has been subject to a Slavery and Trafficking Prevention Order,

(d) whether A has been found liable in a civil claim relating to a human rights violation,

(e) whether A has been convicted of an offence, cautioned or reprimanded for failing to comply with their human rights and modern slavery reporting and due diligence obligations under applicable domestic legislation,

(f) any representations made by A or the club in accordance with the notice.

(2) In subsection (1)—

(a) where A is a body corporate or other non-corporeal entity (including a government or nation state), the Regulator shall consider the actions of anyone who controls that body corporate or entity (and “control” shall have the meaning given in section 255 of the Companies Act 2006). and

(b) the Regulator shall have absolute discretion to determine whether conduct falls within any of the categories in paragraphs (a) to (d).

(3) In respect of subsection (1)(c) and (d), a risk of disrepute shall not be valid grounds for disqualification of any person if such disrepute would, in the reasonable opinion of the Regulator, be unfounded.

(4) In accordance with Schedule 2, Part 2, paragraph 15, the Regulator may establish a committee or committees to discharge its functions under this Clause.”

This new clause would prohibit individuals with a record of human rights abuses from club ownership.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

It is a pleasure to serve under your chairship, Mr Turner. The amendment would prohibit individuals with a record of human rights abuses from club ownership. Our national game is a source of huge pride to our country and everyone in this room. It should not be exploited by individuals and regimes that want to launder their reputations using some of our greatest cultural and sporting assets.

Strengthening the proprietary tests for prospective owners and directors, with clear tests about human rights, would enable UK football to promote and protect what we know is special about our game and would promote and protect the liberal and democratic western values that we all hold so dear. It is wrong that we allow football to roll out the red carpet for despots. Let us consider a future in which the owner or potential owner of a football club is also the head of a state or a Minister in the Government of a foreign state that suppresses its own people or is involved in illegal military action, perhaps in a failed state. That owner is also clearly financially linked to activities that involve the plunder of that failed state’s mineral wealth. If that person were to be linked directly to such action, which breaches international human rights laws, would this Government, football and this country accept it? We think that we should not, and that is why we have tabled the amendment and the new clause.

Louie French Portrait Mr French
- Hansard - - - Excerpts

I thank the Liberal Democrat spokesperson for explaining the objectives behind the amendment, which is aimed at preventing individuals with a record of human rights abuses from owning a club. My question for the hon. Member is about new clause 8(2)(b), which states that

“the Regulator shall have absolute discretion to determine whether conduct falls within any of the categories in paragraphs (a) to (d).”

In other words, it will have discretion to determine whether such conduct constitutes human rights abuses. Given we are talking about a football regulator, the obvious question to ask is about what qualifications the regulator would need to make such a decision. What information could they rely on? Would we be looking for Government involvement in that, given that that would probably provide the intellectual experience required? Does the hon. Member for Cheltenham think it might improve the new clause to include a route of appeal against such a decision, as a matter of natural justice, so we are seen to give individuals the right of appeal if they believe that they have been wrongly classified?

--- Later in debate ---
Max Wilkinson Portrait Max Wilkinson
- Hansard - -

I am reassured by what the Minister has said. The points raised by Conservative Members are all valid and we will take them on board.

On the point about honour and integrity, I suggest that the kind of people who commit these crimes will not admit to them readily. In cases that may arise, it may be obvious that something has happened only after some time, and individuals who we know have been doing something might end up owning football clubs. If that were to occur in the near future, we might reflect on today’s discussion and the powers that the regulator might have had.

We do not intend to press the amendment to a vote—we recognise the numbers in the room—but I am glad that we have put the debate on the record. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss new clause 15.

Football Governance Bill [ Lords ] (Eighth sitting) Debate

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Football Governance Bill [ Lords ] (Eighth sitting)

Max Wilkinson Excerpts
Louie French Portrait Mr French
- Hansard - - - Excerpts

I am sure that the Minister will have heard that contribution from my hon. Friend and will be able to pick up on that in her comments. He is right to identify that such a distinction has been made in the Bill.

What does this mean? For example, will an hour-long Twitter poll on what a club should do be sufficient? We have seen how clubs have sought to use X in some quite funny ways at times, but on something as serious as this, we need proper consultation. Instead, does the Minister expect that clubs will engage in a full, proper and open consultation with their fans, such as one that includes a call for evidence, votes on different proposals and genuine engagement from the clubs themselves? Otherwise, this all risks just being for show, rather than real consultation.

Why stop at just consultation? If a proposed change is sensible, justifiable and supported by a club’s reasoning, why would the club not be able to win over the majority of its fans, if the fans agree it is in the best interests of the club? Why are the Government, in this Bill’s drafting, afraid of allowing fans to have a real and final say on these matters? This is not about allowing fans to micro-manage a club; it is about recognising that the symbols, colours and names of clubs are all held in trust, not owned in a transactional sense.

Football club owners are, in truth, temporary stewards. Their role is not to reshape the soul of a club but to protect it and hopefully strengthen it before passing it on. Far too often we have seen the reverse: owners who arrive with branding ideas and marketing consultants, determined to reshape the club’s visual identity to fit a certain commercial strategy, often with little or no understanding of the local footballing tradition in that community. Supporters have had to campaign, protest and plead to get what should have been theirs almost by birthright: a say in the symbols of their club. Does the Minister agree that clause 49, if limited to just consultation, risks becoming just a tick-box exercise, particularly in clubs without strong fan representation models in place?

There is a precedent for this kind of requirement. In Germany, the so-called 50+1 rule ensures that fans retain majority voting rights over key aspects of club identity and operation. In Spain, the socios model does so too. To be clear, we are not calling for full fan ownership, but we are saying that, on issues of identity, the final word should ultimately rest with the fans. Let us remember that this amendment would apply only to three specific heritage areas: the club’s official name, the badge—or crest, depending on how we want to describe it—and the home shirt colours. This is not about banning innovation or marketing altogether. It is simply saying that, when it comes to fundamentals, supporters should have a say.

Max Wilkinson Portrait Max Wilkinson (Cheltenham) (LD)
- Hansard - -

We have seen in the past things such as the renaming of St James’ Park in Newcastle to the Sports Direct Arena, and other fans groups around the country have been furious when historic stadium names have been changed to sponsors’ names. Would the shadow Minister extend the sentiment that he is now expressing to those circumstances as well?

Louie French Portrait Mr French
- Hansard - - - Excerpts

I appreciate the hon. Gentleman’s contribution, and that is the point that we were discussing earlier with the hon. Member for Sheffield South East. We were seeking clarification from the Government on how that would affect the consultation of fans on the relocation of stadiums or a change in their ownership. I agree that it is crucial that fans have a say in the naming and history of their ground.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

The hon. Member for Great Yarmouth (Rupert Lowe) once fell foul of this when he attempted to change the name of the Dell to the Friends Provident stadium. Perhaps we might consult him on his learnings from that experience after we have completed this Committee.

Louie French Portrait Mr French
- Hansard - - - Excerpts

I am not sure how to answer that. How Members decide to use their time is a decision for them, but the hon. Gentleman has made the point well. Without wishing to put off Government Members, the argument behind my amendment is deeply Conservative in some ways; it is about tradition, continuity and community. It is about respecting the past while also securing the future. It is about recognising that football is strongest when it listens to the people who love it most.

The clause is a step forward, and we think its inclusion in the Bill is important. Without our amendment, however, we are concerned that the clause will lack the legal bite required to safeguard the symbols that matter most to supporters. In truth, clubs that respect their fans would already seek that approval; the amendment would simply ensure that those who do not are held to the same standard. To be clear, no one should be able to change the name of Barnsley FC, the badge of Wigan Athletic or the home colours of Aston Villa without the backing of the very people who built the stands and carry the soul of the club every single week across multiple seasons.

I urge the Minister and colleagues across the Committee to back the amendment. Football’s future must be modern and well run, yes, but it must also be anchored in tradition, and the tradition belongs to the fans.

--- Later in debate ---
Louie French Portrait Mr French
- Hansard - - - Excerpts

I understand the hon. Gentleman’s point, and I know that certain players have sought to do that through advertising and other financial arrangements. We are talking about clubs at the lowest level, and we do not believe that is a particular risk of this amendment.

One of the key failings of the football system in recent years has been the concentration of financial risk at the lower levels of the pyramid. Clubs overextend themselves chasing promotion, owners gamble recklessly to stay afloat, and supporters ultimately bear the costs when that does not work and when clubs collapse. The last thing we believe we should be doing is introducing a new statutory cost that could tip the balance for smaller clubs already running on the thinnest margins. This amendment is not about letting anyone off the hook; it is about recognising scale, and recognising the difference of scale in the football pyramid.

Will the Minister please commit to publishing a full impact assessment of the levy’s distribution before regulations are laid? Without that, how can Parliament be sure that the burden will not fall disproportionately on those least able to bear it? One of the justifications for the levy is to secure the regulator’s operational independence, which is a principle that we support, but independence should never mean insulation from scrutiny. If clubs are paying the regulator’s bill, they should at least know where the money is going and have confidence that it is not being wasted.

The Minister has maintained that football regulation cannot be one size fits all, and we understand that is her reason for leaving the wording of the Bill quite open-ended in places. Clause 53 is sound in many ways, but in practice it risks imposing an undue burden on the very clubs that the Bill is supposed to help—those rooted in their communities, run on small budgets and kept alive, more often than not, by volunteers, not venture capitalists. In that spirit, I will be pressing this amendment to a vote.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

It is a pleasure to serve under your chairship, Ms Butler. Earlier in our deliberations—I cannot remember how many sittings ago—the Liberal Democrats made the case for extending the Bill’s scope to the sixth tier, the National Leagues. Effectively, we feel that helping those clubs up the pyramid would be useful, and on a cross-party basis, we have discussed support for the National League’s 3UP campaign, which we can take forward after Committee as a group of Members who are interested in football.

This amendment is quite simple, as it is about extending the Bill’s scope to the sixth tier. It would give clubs in National League North and National League South the opportunity to apply for an exemption from the levy, were it to be extended to that level. Clubs at that level may well not have the capacity to take on the administration associated with regulation. Such increased financial protections for lower-league clubs—those in the National League and National Leagues North and South—would align with the principles of the Bill.

Lee Dillon Portrait Mr Dillon
- Hansard - - - Excerpts

It is a privilege to serve under your chairship, Ms Butler. New clause 24, tabled in my name, seeks to introduce a fair and transparent exemption procedure for football clubs in administration. When a football club enters administration, it is not merely a financial event; it is often a crisis that rocks the entire community, as we saw in Bury. Supporters, many of whom have been lifelong followers, are left facing uncertainty and fear for the future of their club, which is often the heartbeat of their town or city.

New clause 24 seeks to strike a vital balance by maintaining the integrity of the levy while allowing compassionate and evidence-based interventions when a club is on its knees. It would ensure that exemptions are not handed out indiscriminately, and that the regulator must assess each case on its merits and satisfy itself that the club’s financial difficulties are not a calculated move to evade its levy responsibilities. Most importantly, the new clause would give clubs a chance.

--- Later in debate ---
Stephanie Peacock Portrait Stephanie Peacock
- Hansard - - - Excerpts

I thank the shadow Minister for his points. Clubs will be subject to a number of rules from different football authorities. Failure to comply with them may indicate that the club is in some financial difficulty and may prompt the regulator to assess the risk profile of the club. Changes in a competition’s rules may lead to clubs taking additional risks or may threaten the financial soundness of the system. The regulator therefore needs to be aware of such changes so that it is in a position to reassess the long-term financial sustainability of clubs and whether, as a result of the rule change, additional regulation is needed.

The shadow Minister did accept that there is no veto in the clause. I reiterate once again that UEFA are happy with the Bill as drafted. He drew the Committee’s attention to a specific line in the Bill, but I remind him that it has not been changed from the previous iteration of the Bill.

Question put and agreed to.

Clause 55 accordingly ordered to stand part of the Bill.

Clause 56

Part 6: overview and interpretation

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

I beg to move amendment 76, in clause 56, page 45, line 39, after “organisers” insert

“or by a regulated club”.

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss the following:

Amendment 77, in clause 56, page 46, line 4, after “organiser” insert

“or directly received by a regulated club”.

Amendment 78, in clause 56, page 46, line 17, after “organiser” insert “or a regulated club”.

Amendment 79, in clause 56, page 46, line 24, after “organisers” insert

“or by any club participating in a competition organised by one of those organisers”.

Amendment 80, in clause 57, page 47, line 9, after “organisers” insert

“or by a regulated club”.

Amendment 81, in clause 57, page 47, line 19, leave out from “revenue” to “in” in line 21 and insert

“received by one specified competition organiser or regulated club in or in respect of that season compared to the relevant revenue received by that specified competition organiser or regulated club”.

Amendment 82, in clause 57, page 47, line 29, after “organisers” insert

“, or by any regulated club participating in a competition organised by one of those organisers,”.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

Clubs in the English football pyramid currently barter as a collective for funding from broadcasters, but it is not hard to imagine a future in which Liverpool, Manchester City, Arsenal, Chelsea—the hon. Member for Spelthorne has now gone so I can say that—or other big clubs decide that they are going to barter alone. That has happened in other European countries. In fact, Spain had to legislate to stop Barcelona and Real Madrid cashing in on their massive marketable machine that massively distorted the Spanish game.

These amendments are fairly simple. They build in a future failsafe to stop the threat of that happening. If it does happen, the revenue gained by those clubs will be taken into account in the redistribution of funds in the game. It seems like a logical failsafe to introduce to the Bill, which we hope will be accepted.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - - - Excerpts

I thank the hon. Member for his amendments. We understand the intent behind them but believe that the drafting of the Bill sufficiently captures the current primary sources of revenue in the game. We will discuss clause 56 more fully during the clause stand part debate, but to summarise briefly, among other things, it defines which revenue streams are in scope of the backstop process. Revenue in scope is called “relevant revenue” and is limited in the Bill to revenue received by a league for broadcast rights to league matches.

Broadcast revenue is undisputedly the main source of revenue in English football, but we acknowledge that that may not always be the case. Football’s financial landscape is dynamic and its economic model may not remain static. That is why the Bill already allows for the definition of “relevant revenue” to be amended if necessary. The Secretary of State can amend the definition by making regulations, but only after consultation with the leagues, the regulator and the FA. That flexibility future-proofs the definition of “relevant revenue” against potential changes in the structure of the industry while ensuring that the definition remains firmly rooted in the current reality.

We expect that, throughout the distributions process, the leagues will effectively represent the interests of their constituent clubs. However, the backstop process, including the final proposal stage, is ultimately about resolving distributions between the leagues. It is about how money earned by the leagues flows from one league to another, not between individual clubs. It is therefore right that, given how finances currently flow, it is revenue received by the leagues as a whole, not individual clubs, that should be considered. I am therefore unable to accept the amendments.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

We recognise the numbers—although we Liberal Democrats now outnumber the official Opposition—so we will not press this to a vote. However, it is worth considering that, in future, we might end up in a situation where some of our bigger clubs start to try to negotiate on their own for their broadcast revenue. The Minister did not reassure me that that could not happen. As I understand it, we do not have legislation that would stop that. There is nothing in the game to stop that apart from Arsenal, Manchester United, Chelsea and Manchester City deciding to play together nicely.

Although we are not reassured, there is no point in forcing this to a vote. But we hope that the comments may be taken forward and taken into account by the regulator in future, and perhaps we will have this discussion again as and when those big clubs decide that they are going to kick up a stink and try to ruin the rest of football for everyone else. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Louie French Portrait Mr French
- Hansard - - - Excerpts

I beg to move amendment 124, in clause 56, page 46, line 3, leave out subsection (2) and insert—

“(2) In this Part, revenue received by a specified competition organiser is ‘relevant revenue’ if—

(a) it is revenue received as a result of the sale or acquisition of rights to exploit the broadcasting of football matches included in a competition organised by the specified competition organiser, and

(b) it is not revenue that the specified competition organiser distributes to a club by virtue of a team operated by the club being relegated from a competition organised by the specified competition organiser.”

Clause 56 introduces the framework for the resolution process, which is a formal mechanism through which the Government’s new regulator may intervene to help to resolve disputes between football authorities, competitions and clubs in certain prescribed areas. The clause is important because it sets the boundaries of when and how the Government’s new regulator may be invited, or, in some cases, compelled to step into the room on issues that until now have been managed internally within the football pyramid.

We understand the intention behind this process. It reflects years of unresolved tensions in the game between different tiers of the pyramid, between governing bodies, and, most notably, between the Premier League and the EFL. Clause 56 and the following clauses in part 6 provide the bones of a system for dispute resolution, in the hope of reaching consensus where negotiation has failed. In principle, that has merit. However, we believe that the clause as drafted risks crossing a line—not into oversight, but into interventionism. It risks turning the regulator from a referee into a participant, and that risk becomes very real when we consider what types of decisions might fall within that process.

That is why I have tabled amendment 124, which would exclude parachute payments to the regulated clubs from the scope of the resolution process, as was the case in the Bill that the Minister supported during the previous Parliament. Clause 56 is not procedural, but foundational. It defines who can apply to trigger the resolution process, namely certain governing bodies and competition organisers, and what is meant by the term “relevant revenue”. In subsection (2), this is revenue received

“as a result of the sale or acquisition of rights to exploit the broadcasting of football matches included in a competition organised by the specified competition organiser, or…from any other source specified, or of a description specified, in regulations made by the Secretary of State.”

In essence, the provisions allow disputes over financial redistribution to be brought before the Government’s new regulator, which may then facilitate a resolution or, in some cases, take further steps to impose one. The specific issue we have with the clause, which was introduced by the Government, relates to the parachute payments of financial support offered by the Premier League to clubs that are relegated to the EFL to help them adjust to the significant drop in broadcasting and commercial income. This is obviously an important point, given the wage bills and so on when clubs go down, but it is never far from being controversial. Some see the payments as being necessary to ensure financial continuity and competition in the Premier League on the way up, while others argue that they distort competition in the Championship on the way down, solidifying clubs as so-called yo-yo clubs that go up and down regularly.

Bringing parachute payments within the scope of the regulator’s resolution process, as clause 56 does, takes a significant step towards Government involvement in revenue redistribution among private members of the competition. That is not regulation; it is reallocation. In our view, it is an inappropriate function for a state-backed regulator.

The amendment does not oppose the resolution process in principle; it supports it, and in fact returns the Bill to what the Minister previously supported. Can she tell us what has changed, and why she felt the need to make the change when she previously had no issue with this part of the Bill? My amendment seeks to make sure that the Government’s regulator does not intervene in areas that are already managed by mutual agreement between competitions.

Parachute payments are, by their nature, a Premier League solution to what is often a Premier League problem. They are not imposed on the EFL or funded by it, and although their knock-on effects may be debated—I have my own views on that—they should not be subject to arbitration by a third party.

If we allow the Government’s regulator to adjudicate disputes over parachute payments, we risk setting a precedent that any form of commercial agreement, no matter how internal, can be referred for outside resolution. We believe that that would be a mistake, and would likely undermine the willingness of top-flight clubs to continue sharing revenue in any form at all. If the Minister starts this process off on the wrong foot with clubs and this is not done in the right way, we fear that resentment would set in from day one. With the top flight already questioning—

Football Governance Bill [ Lords ] (Ninth sitting) Debate

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Football Governance Bill [ Lords ] (Ninth sitting)

Max Wilkinson Excerpts
Clive Betts Portrait Mr Betts
- Hansard - - - Excerpts

I want to speak to amendment 141, which has been tabled in my name. To some extent, amendments 4 and 5 have been superseded, and I accept what the Minister said earlier about the arrangements in Government new clause 4 being a significant improvement on where we were before with the pendulum arrangements in the backstop. Also, they are a distinct improvement on where the last Government were, because they allow the regulator to look at parachute payments in a particular way. That is really helpful, because we cannot address the massive disparity of funding within football, and the cliff edge that exists between the Premier League and the Championship, without addressing the issue of parachute payments.

I want specifically to look at amendment 141, because it is about timing. I want to go through what I think is the time period that we will now move towards. If the Minister thinks that I am wrong, it would be helpful if she would explain that to me. Hopefully, if we get the Bill through before the parliamentary recess, and it comes into effect fairly quickly, the regulator can begin work next season. I hope that is the intention. In the first season, 2026-27, it is probable that the regulator will be bedding in—having discussions, getting arrangements with clubs, and trying to work towards the beginnings of the licensing system. I am speculating because we do not absolutely know, but it seems to me that is the sort of way we will go.

The regulator will also be starting to work on the state of the game report; hopefully, therefore, the regulator might have it by the end of 2026. Perhaps we could do it a bit quicker—we have encouraged the Minister to make it 12 months rather than 18. But assuming that the report takes 18 months, it will appear towards the end of 2026. When is the regulator likely to be in a position to implement a backstop, if that is deemed necessary? The regulator will be having discussions in the meantime, hopefully trying to encourage the leagues to reach an agreement. Best of luck with that! If the regulator does that in a year when previously it has failed over many years, it will have done a fantastic job and I am sure we will congratulate it. But if there is not an agreement, we will get to the backstop probably at the beginning of the 2027 season at the earliest.

The problem is that because of how “relevant period” is described in new clause 49, there will then be basically two years before the backstop kicks in. On that basis, this Parliament will not see any significant distribution of funding in English football. That will not come in until the 2029-30 season, after the end of this Parliament, because of the two-year gap between the regulator reaching a decision and then the backstop being implemented. Why, if we have gone all through this process?

We know what the problems are in the English football game. We know about the massive disparities of income and about the concentration of money not merely in the Premier League but in the parachuted clubs as well. The regulator has a responsibility to address the soundness and stability of English football and of clubs within English football. We know that the Championship clubs are massively overburdened with debt, as they all try desperately to compete to get into the Premier League. If all that is the problem, and the regulator is bound to address it, does address it, and decides the leagues have not resolved it so comes to implement a backstop, why then do we sit back and wait for two years for the backstop to be implemented? That is the issue. Having failed to stop the regulator and the inclusion of backstops within their remit, it almost seems as if the Premier League has decided, “Well, at least we can stop any of this happening in this Parliament in the hope that after the election another Government will come in and save us.” It is almost as though that is what it is trying to do.

I say to the Minister, kindly and carefully: have a think about this. There is an awful lot of concern—not just in the English Football League, but among colleagues. Clubs throughout the EFL have been speaking to their local MPs and saying, “We know what the problems are. We are electing you to Parliament to resolve those problems, and you committed to do that in your manifesto. Yet with this timescale, the likelihood is that by the time you get to the end of this Parliament you won’t have solved the problem. You won’t even have put anything in place to do so.”

At the end of this Parliament, I would like the Minister to be saying, “I am the Sports Minister who has substantially helped resolve the appalling distribution of finances in English football, which cripples our game and means that clubs are exposed to enormous cliff edges that put them unnecessarily into debt, and which leads to bad practice among owners.” There are many things to stop bad practice, but we could help by resolving the issue now and agreeing on something: not how the regulator should do its job, but that once the regulator has done the job it is at least allowed to implement within a timely period.

I hope the Minister will seriously consider amendment 141 and listen to other colleagues who may want to discuss these issues as well.

Max Wilkinson Portrait Max Wilkinson (Cheltenham) (LD)
- Hansard - -

It is a pleasure to serve under your chairship, Sir Jeremy. I rise to speak in support of amendment 141. The hon. Member for Sheffield South East has made a compelling case for its necessity. The Bill has a clear purpose, and we believe it broadly does the job. That is why we support it. Changing the previous version to include the parachute payments within scope is the right thing to do for redistribution of funds from those who can afford it, down to the smaller and lower league clubs that really need the help. Those are the people the hon. Member for Sheffield South East referred to. Those of us who represent football league clubs are being asked to do the right thing—to back the regulator to ensure that there is financial sustainability in the lower divisions.

Football Governance Bill [ Lords ] (Tenth sitting) Debate

Full Debate: Read Full Debate
Department: Department for Digital, Culture, Media & Sport

Football Governance Bill [ Lords ] (Tenth sitting)

Max Wilkinson Excerpts
Stephanie Peacock Portrait Stephanie Peacock
- Hansard - - - Excerpts

Clause 101 concerns the short title of the Bill. It makes certain that, once it has passed through Parliament, the Football Governance Bill will be cited as the Football Governance Act 2025. Finally, Government amendment 60 is technical and procedural; it removes the privilege amendment inserted on Third Reading in the Lords to clause 101. This was added in the other place to make it clear that they have not infringed on the financial privileges of this House.

Amendment 60 agreed to.

Clause 101, as amended, ordered to stand part of the Bill.

New Clause 3

Proposal stage

“(1) This section applies where mediation under section 60 comes to an end by virtue of the occurrence of an event within section 60(6)(b), (c) or (d).

(2) As soon as reasonably practicable after the occurrence of the event, the IFR must give notice to the two specified competition organisers.

(3) A notice under subsection (2) must—

(a) set out the question or questions for resolution,

(b) specify the qualifying football season or seasons to which that question relates or those questions relate,

(c) set out any findings in the IFR’s most recent state of the game report that the IFR considers relevant to that question or those questions,

(d) invite each of the two specified competition organisers to submit to the IFR and to each other a proposal as to how that question or those questions should be resolved,

(e) require any proposal to be accompanied by supporting evidence (including evidence as to how the proposal addresses the findings set out under paragraph (c)),

(f) specify the day on or before which proposals are to be submitted.

(4) A question for resolution may be set out in a notice under subsection (2) only if it is the question, or one of the questions, for resolution remaining unresolved when the mediation mentioned in subsection (1) came to an end.

(5) Where a notice under subsection (2) sets out a question for resolution that relates to relegation revenue (within the meaning given by section (Distribution orders)(9)), the notice must require the specified competition organisers to explain in a proposal how the proposal will promote the financial sustainability of clubs which operate teams relegated from a competition organised by the specified competition organiser distributing the relegation revenue.

(6) Subsection (7) applies if, on or before the day specified by virtue of subsection (3)(f), a specified competition organiser submits to the IFR a proposal which the IFR considers is not a qualifying proposal.

(7) The IFR may give both specified competition organisers a notice specifying a later day (falling not more than seven days after the end of the day specified by virtue of subsection (3)(f)) on or before which proposals are to be submitted.

(8) As soon as reasonably practicable after—

(a) the initial proposal deadline, or

(b) (if earlier) the day on which the IFR considers that both specified competition organisers have submitted qualifying proposals,

the IFR must give a notice under subsection (9) to the two specified competition organisers.

(9) A notice under this subsection must—

(a) state which of the two specified competition organisers (if any) has submitted a qualifying proposal before the initial proposal deadline,

(b) invite each such specified competition organiser to—

(i) confirm their proposal, or

(ii) make any permitted modifications to their proposal,

and submit the confirmed or modified proposal to the IFR and the other specified competition organiser, and

(c) specify the day on or before which the confirmed or modified proposal is to be submitted.

(10) The IFR may specify in a notice under subsection (2) or (9) the form and manner in which proposals and supporting evidence must be submitted.

(11) In this section—

(a) ‘the initial proposal deadline’ means—

(i) the day referred to in subsection (3)(f), or

(ii) where the IFR gives a notice under subsection (7), the day specified in the notice;

(b) a ‘qualifying proposal’ means a proposal which—

(i) explains how the question or questions for resolution should be resolved, and

(ii) complies with the requirements imposed by virtue of subsection (3)(e) and (5) (if applicable);

(c) a modification to a proposal is ‘permitted’ unless it results in the proposal no longer being a qualifying proposal.”—(Stephanie Peacock.)

This new clause substitutes clause 61 with a new clause providing for a revised procedure for the proposal stage of the resolution process.

Brought up, read the First and Second time, and added to the Bill.

New Clause 4

Distribution orders

“(1) This section applies where the IFR has given a notice under section (Proposal stage)(9).

(2) Before the end of the period of 60 days beginning with the day on which the notice under section (Proposal stage)(9) was given, the IFR must give the two specified competition organisers a notice of the distribution order it proposes to make.

(3) The IFR may extend the period in subsection (2) by up to a further 14 days if it considers it appropriate to do so.

(4) A notice under subsection (2) must—

(a) give reasons for the proposed distribution order,

(b) explain how the proposed order applies the principles mentioned in subsection (8),

(c) explain how the proposed order addresses the findings set out under section (Proposal stage)(3)(c),

(d) invite each of the two specified competition organisers to make representations about the proposed distribution order,

(e) specify the period within which such representations may be made, and

(f) specify the means by which they may be made,

and the IFR must have regard to any representations which are duly made.

(5) The period specified under subsection (4)(d) must be a period of not less than 14 days beginning with the day on which the notice is given.

(6) As soon as reasonably practicable after the end of the period specified under subsection (4)(d), the IFR must make an order requiring relevant revenue to be distributed in a way that the IFR considers appropriate for the purpose of resolving the question or questions for resolution set out under section (Proposal stage)(3)(a) (a ‘distribution order’).

(7) In making a distribution order the IFR must—

(a) apply the principles mentioned in subsection (8), and

(b) have regard to any proposal submitted under section (Proposal stage)(9)(b).

See also section 7 (in particular the IFR’s general duty to exercise its functions in a way that advances one or more of its objectives and to have regard to various matters).

(8) The principles referred to in subsection (7)(a) are that—

(a) the distribution order should not place an undue burden on the commercial interests of either specified competition organiser, and

(b) the distribution order should not result in a lower amount of relegation revenue being distributed to a club during the relevant period than would have been distributed to the club during that period had the order not been made.

(9) For the purposes of subsection (8)—

‘relegation revenue’ means revenue distributed by a specified competition organiser to a club in consequence of a team operated by the club being relegated from a specified competition organised by the specified competition organiser;

‘relevant period’, in relation to a distribution order, means the period of one year beginning with the final day of the first football season in respect of which relegation revenue would be distributed in pursuance of the order.

(10) A distribution order—

(a) must impose on the specified competition organisers such obligations as the IFR considers appropriate for the purpose of securing compliance with the requirements set out in the order, and

(b) may, where a distribution agreement is in force between the specified competition organisers in relation to the same qualifying football season or seasons to which the order relates, provide for that agreement to have effect subject to provision contained in the order.

(11) At the same time as making a distribution order, the IFR must give the two specified competition organisers a notice—

(a) including a copy of the order,

(b) giving reasons for the order,

(c) explaining how the order applies the principles mentioned in subsection (8),

(d) explaining how the order addresses the findings set out under section (Proposal stage)(3)(c), and

(e) including information about the possible consequences under Part 8 of not complying with the order.

(12) The IFR must, as soon as reasonably practicable after making a distribution order, publish the order or a summary of the order.”—(Stephanie Peacock.)

This new clause substitutes clause 62 with a new clause providing that the IFR may make a distribution order that distributes relevant revenue in the way that the IFR considers most appropriate for the purpose of resolving the question or questions for resolution.

Brought up, read the First and Second time, and added to the Bill.

New Clause 7

Duty not to promote or engage in advertising and sponsorship related to gambling

“A regulated club or English football competition must not promote or engage in advertising or sponsorship related to gambling.”—(Max Wilkinson.)

This new clause prevents regulated clubs and competitions from promoting or engaging in gambling advertising or sponsorship.

Brought up, and read the First time.

Max Wilkinson Portrait Max Wilkinson (Cheltenham) (LD)
- Hansard - -

I beg to move, That the clause be read a Second time.

It is a pleasure to serve under your chairship, Mr Turner. We are not calling for a ban on gambling with the new clause, but we are calling for a ban on advertising it through one of our most culturally powerful platforms. The new clause is a proportionate, evidence-led measure to break the link between football and gambling harm. When we consider that 70% of young people are aware of being exposed to gambling advertisements, is it any wonder, when these adverts are emblazoned on football team shirts and plastered on the side of every pitch for everyone to see?

Gambling firms spend a huge amount of money every year on advertising. They do not lack influence or reach. Gambling has much wider impacts than simply in the football stadium. Since 2011, gambling losses in the UK have risen by 80%, and new data from the Gambling Commission indicates that up to 2.5% of adults in Great Britain may be suffering from gambling harms. Football is unique in its reach and influence. Unlike alcohol and tobacco, gambling is still embedded in the game. Club sponsorships, half-time adverts and pundit discussions all feature it. If we do not act here, we send a message that profits matter more than people’s wellbeing. We understand that the Government think this is outside the scope of the Bill, but it is an important discussion for us to have in the context of anything to do with football.

Lincoln Jopp Portrait Lincoln Jopp (Spelthorne) (Con)
- Hansard - - - Excerpts

Could the hon. Gentleman give us some sense of his assessment of how much money the new clause would take out of football?

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

It is not about the money that this would take out of football, but the money that is taken out of the pockets of many football fans who are being exploited by predatory gambling companies every day.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - - - Excerpts

I thank the hon. Member for tabling the new clause. The Government are clear that, wherever gambling advertising and sponsorship appears, it must be socially responsible. The Government do not believe that the regulator should have a role in commercial matters such as sponsorship, which are rightly decisions for clubs and competition organisers. We must be wary of scope creep that sees the regulator straying into matters that should be reserved for the industry, and stepping on the toes of industry authorities such as the FA. What constitutes the promotion of gambling could be interpreted extremely broadly, with significant consequences for clubs, and sport more widely.

For instance, the new clause could be interpreted as meaning that players could not take part in competitions that had gambling sponsors. Clearly, that would have significant unintended consequences for clubs and the sport more widely. All major football bodies have published their joint gambling sponsorship code of conduct, which sets minimum standards for socially responsible gambling sponsorship within football. We are working closely with sporting bodies to review the implementation and impact of the codes of conduct to ensure that they have a meaningful impact. This review will provide key evidence to inform the most appropriate next steps for gambling sponsorship. The Premier League has already made the decision to ban front-of-shirt sponsorship by gambling firms by the end of next season.

For the reasons I have set out, I am unable to accept the new clause, and I hope the hon. Gentleman will withdraw it.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

I am pleased that this is on the Minister’s mind, and that the Government seem to understand the problem. I think we would all accept that there is a bigger problem with gambling adverts in football which needs to be solved. Whenever we turn on Sky on a Sunday afternoon, it is obvious to all what is going on, as the adverts are often completely unrepresentative of the reality of football gambling.

I have a particular concern about those who are engaged in punditry while encouraging us in half-time adverts to spend our money. That is a clear conflict of interest that needs to be resolved at some point. I accept that at this stage, the Government are not going to take it on. We will not press the new clause to a vote today, as we recognise the numbers in the room, but it is an important discussion that all parliamentarians need to be involved in. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 9

Free to air coverage

“(1) The Independent Football Regulator must require that every season—

(a) at least ten Premier League football matches,

(b) the League Cup Final, and

(c) the Championship, League One and League Two playoff finals,

are made available for live broadcast on free-to-air television channels in the United Kingdom.

(2) For the purposes of subsection (1)(a) the matches must include a representative selection across different clubs and times in the season, subject to reasonable considerations of scheduling and broadcasting logistics.

(3) In this section “free-to-air television” means a service that satisfies the qualifying conditions of such a service defined by Section 2 of the 1996 Communications Act.”—(Max Wilkinson.)

This new clause would mandate a minimum of ten Premier League matches, the League Cup Final and the Championship, League One and League Two playoff finals on free-to-air television channels.

Brought up, and read the First time.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

I beg to move, That the clause be read a Second time.

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss new clause 13—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.””

This new clause adds the IFR as a statutory consultee on the listing of sporting events for free-to-air coverage.

--- Later in debate ---
Max Wilkinson Portrait Max Wilkinson
- Hansard - -

With new clauses 9 and 13, we are calling for an expansion of the crown jewels of sports broadcasting to ensure that key fixtures from the domestic football calendar are made available on free-to-air television. Members will have recently seen some of the coverage about dwindling viewership figures for this year on TNT and Sky. That should give us all cause for concern, particularly those who are involved in the finances of football. Specifically, we are calling for the free-to-air package to include 10 Premier League games a season, the League cup final, and the play-offs for the Championship, League One and League Two, in addition to those already free to air, such as the FA cup, World cup and the Euros.

This is not about undermining private broadcasters, but viewing figures are on the wane. We had a 17% drop in audience numbers last season. At the same time, there are signs that the value of Premier League broadcast rights has plateaued as more live games have been added to recent packages. This is an opportunity for broadcasters and leagues alike to innovate their offering. Our proposals could open the door to new forms of commercial engagement, such as sponsorship tied to mass viewership, broader brand exposure and appointment-to-view opportunities that bring in new audiences. That approach has worked elsewhere across Europe, most notably in La Liga, where one game a week is free to air, keeping the league accessible to all fans, regardless of their ability to pay.

Recent research shows that in general Premier League fans are more likely to come from lower-income backgrounds than those who regularly attend matches. The hon. Member for Spelthorne has referenced the eye-watering cost of his season ticket on a number of occasions in this Committee. For many supporters, attending games is unaffordable, and with the rising cost of living, stacking multiple sports subscriptions is out of reach for too many households. Increasing free-to-air coverage would not just make games more accessible; it would reignite national moments of the kind we see during the World cup or the Euros. Those moments build unity, inspire young people and renew grassroots interest in the game.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - - - Excerpts

I thank the hon. Member for Cheltenham for tabling new clauses 9 and 13, which concern the televising of football matches as listed events and free to air. First, I want to be clear that it is not an issue for the Bill or the regulator, but I would like to use this opportunity to set out the Government’s position on the issue.

The Government are keen to ensure that sporting events of national interest are made available to the public as widely as possible. In domestic football, the present arrangements under the listed events regime have protected key moments such as the FA cup final, while ensuring that the Premier League, EFL and FA are able to raise billions of pounds annually, which is invested back into the pyramid. We all want to see more matches being televised free to air, but that must be balanced against that investment, and not risk it.

As for the Bill, there have been strong voices from all sides that the regulator must have a tightly defined remit, and must not intervene in areas where it is more appropriate for football authorities or others to lead. We agree with that, and I am sure the hon. Member will agree that the bar for statutory, regulatory intervention in any market should be very high. It would not be appropriate for the regulator to intervene in commercial decisions between the relevant broadcasters and rights holders. Decisions relating to the number of matches of specific competitions that are broadcast are determined through commercial negotiation and are subject to factors such as rights costs and scheduling considerations. Additionally, we do not feel it is right to expand the regulator’s remit by including it as a body that must be consulted on listed events.

Decisions relating to the coverage of certain sporting and other events of national interest are, again, a matter for the relevant broadcasters and rights holders. A widened regulatory remit considering broadcasting and commercial decisions would distract from the key responsibility of the regulator and widen the scope of the Bill. The regulator will ensure that there are financially viable clubs for fans to watch, both at their grounds and on television. For those reasons, I am unable to support the hon. Member’s new clause.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 10

Fan representation: mandatory golden share

“(1) A licensed club must, as a condition of holding a licence under section 15, issue a non-transferable golden share to a recognised Supporters’ Trust or equivalent democratic fan organisation.

(2) The golden share must confer on its holder the right to veto any proposal by the club to—

(a) relocate the club’s home ground outside its current local authority area,

(b) change the club’s name,

(c) materially alter the club’s primary colours or badge, or

(d) enter into or withdraw from any competition not sanctioned by The Football Association, the Premier League, or the English Football League.

(3) A licensed club must—

(a) consult the holder of the golden share on any material changes to the club’s ownership, governance, or strategic direction,

(b) provide the holder with access to relevant financial and governance information reasonably required to fulfil its function, and

(c) facilitate structured and regular engagement between the club and the holder of the golden share.

(4) The Regulator must monitor compliance with this section and may—

(a) issue guidance to clubs and Supporters’ Trusts on the operation of the golden share,

(b) impose licence conditions or financial penalties for non-compliance, and

(c) take enforcement action where a club fails to uphold the rights associated with the golden share.

(5) In this section—

‘Supporters’ Trust’ means a formally constituted, democratic, not-for-profit organisation that is recognised by the Regulator as representing the interests of a club’s supporters;

‘golden share’ means a special share or equivalent legal instrument issued to a Supporters’ Trust, entitling its holder to the rights and protections described in this section.”—(Max Wilkinson.)

This new clause would give fans a veto on club proposals, exercised through a recognised Supporters’ Trust or equivalent democratic fan body.

Brought up, and read the First time.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

I beg to move, That the clause be read a Second time.

None Portrait The Chair
- Hansard -

With this it will be convenient to discuss new clause 21—IFR duty to provide information and support on golden shares

“(1) Within 6 months of the passing of this Act the IFR must publish guidance for recognised Supporters’ Trusts or equivalent democratic fan organisations holding a golden share as specified in section [Fan representation: mandatory golden share].

(2) The guidance published under subsection (1) must explain the purpose of a golden share and advise on how holders of a golden share can engage with their regulated club when utilising the rights bestowed by the golden share.

(3) The IFR must also provide an information support service for holders of a golden share to contact for advice on utilising their golden share.”

This new clause adds a duty for the IFR to support fan organisations in the use of their golden share through advice services and guidance.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

The spirit of the Bill is rightly focused on ensuring the financial sustainability of the game and, crucially, protecting the heritage of clubs by giving fans a greater voice. As I have said, we support the Bill. In the spirit of the noble aims of the Bill, we have tabled new clause 10, which proposes a simple but powerful safeguard: a mandatory “golden share” for fans. It would require all licensed clubs to

“issue a non-transferable golden share to a recognised Supporters’ Trust”

or equivalent democratic fan body. The share would grant fans a veto over fundamental decisions affecting the club’s identity and future, including relocation of its home ground, changing its name, altering its primary colours or badge, and entering or withdrawing it from competitions not sanctioned by the FA, Premier League or EFL.

The golden share was an idea included in Dame Tracey Crouch’s fan-led review, but it seems to have been forgotten. We are simply bringing fans’ voices back to the table. The Committee will, of course, be able to think of many instances where such a veto would have helped. I will raise three examples: the attempt by Assem Allam, the owner of Hull City, to rebrand the club as “Hull Tigers”; the relocation of Wimbledon to Milton Keynes; and the time that Cardiff changed their shirts to red. The new clause aims to prevent such incidents from happening in the future. It would be a positive step; we urge the Government to accept it.

--- Later in debate ---
Stephanie Peacock Portrait Stephanie Peacock
- Hansard - - - Excerpts

My hon. Friend is a strong advocate for his constituency, and I am pleased that he has been able to represent his local fan trust. The Bill will require fan engagement at all clubs with the adequate and effective means in place to deliver the licensing requirement. The regime does allow for a bespoke approach to be taken at each club, based on what is best in each club’s specific circumstances. A supporter director was considered by the fan-led review and support for the concept was mixed. The review concluded that

“a fan director rarely delivers on fan expectations.”

Clubs are welcome to introduce any additional engagement strategy that they think will be of benefit to them and their fanbases. Many clubs have already responded to the fan-led review, made decisions to push themselves beyond the recommendations, and implemented fan engagement strategies that they think will work best for their club. I am grateful to my hon. Friend for making that case.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 11

Protection of assets of regulated clubs

“(1) Where any of the following assets belong to a regulated club, the asset must not be removed from the club’s ownership or used as collateral for a secured loan—

(a) any stadium,

(b) any training facility,

(c) any trophies,

(d) any car park,

(e) any hotel.

(2) But subsection 1 does not apply to a car park or a hotel where—

(a) the regulated club can demonstrate to the IFR’s satisfaction that the asset is causing financial loss or poses a material risk to the club’s financial sustainability, and

(b) the IFR has provided prior written approval for the disposal of the asset or the use of the asset as collateral.

(3) Where the current owner of a regulated club owns any asset listed in subsection (1)(a) to (c), the owner may not sell the club unless the owner has inserted the asset into the club’s ownership structure.”—(Max Wilkinson.)

This new clause would ensure that the club assets listed above are recognised as the inalienable property of the club rather than the club’s owners.

Brought up, and read the First time.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

I beg to move, That the clause be read a Second time.

We cannot claim to be reforming football unless we tackle one of its most dangerous long-term trends—the creeping financialisation and asset-stripping of clubs. The hon. Member for High Peak has mentioned this on a number of occasions; he has experienced it in his former role as chair of the RamsTrust. New clause 11 would introduce protections to ensure that core assets such as stadiums, training grounds, trophies and, in some cases, commercial properties like car parks and hotels, remain in the club’s ownership, where they belong. Specifically, the new clause would ensure that assets cannot be sold off or used as security for loans without the prior written approval of the regulator; that the regulator may give its approval only if the asset is demonstrably causing financial loss or poses a material risk to the club’s financial health; and, critically, that if any of the assets are owned by another organisation rather than the club itself, they must be transferred back into the club’s ownership before any sale of the club can proceed.

The current system allows owners to move critical assets out of a club’s hands with little or no transparency. Once that happens, the club often faces high rent obligations to use its own stadium and training facilities, has weakened negotiating power in takeovers and insolvency, and potentially experiences a complete disconnection from its historical home. Derby County are not the only example of where that has happened. We think this concept is worth taking forward, and we hope the Government are listening.

Stephanie Peacock Portrait Stephanie Peacock
- Hansard - - - Excerpts

I thank the hon. Member for his amendment. He and I have a shared aim to ensure that there are sufficient protections for home grounds and other assets. We have already discussed the issue of protections for home grounds, so I understand the intention behind the amendment. However, the Government do not believe that it is a proportionate measure. The amendment would place significant blocks on any action to alter the financial arrangements of a long list of assets, and would substantially interfere with the property rights of clubs.

Clubs should be able to exercise commercial discretion over the use of wider club-owned assets. For example, the sale or refinancing of assets can sometimes be an acceptable and prudent way of improving a club’s liquidity, if necessary, but the amendment would remove that ability. There are other measures in the legislation to protect against the mismanagement of club assets, including the financial regulation provisions, regulatory oversight of financial plans, and an enhanced owners and directors test to ensure that owners are best placed to be the custodians of a club.

Last Thursday, I set out my understanding that the regulator could prevent the sale of training grounds through the use of discretionary licence conditions. I want to clarify that the regulator cannot directly block the sale of a training ground through licence conditions, but, where appropriate, it can act to discourage a sale and to mitigate any harmful financial impacts of a sale. The regulator can only set discretionary licence conditions in a limited number of areas. As per clause 22, which we have debated already, the regulator can only impose financial discretionary licence conditions that relate to liquidity requirements, debt management and overall cost reductions.

However, the regulator does have the levers to take action to protect a club’s financial sustainability if there ever arises a scenario in which the club intends to sell its training ground. By selling a valuable asset, a club may weaken its balance sheet and increase its financial risk. If there was a problem, the regulator could require the club to take mitigating action. For example, it could place a liquidity requirement on the club. The regulator could also use its powers to discourage the club from selling its training ground in the first place—for example, by indicating that if the club were to sell its training ground, the regulator would have no choice but to impose more significant financial restrictions on the club through discretionary conditions, thereby strongly steering the club away from that course of action. If that scenario were to arise because a bad actor sought to asset-strip the club, the regulator’s owners and directors test would kick in to remove that unsuitable custodian. For those reasons, I ask the hon. Member for Cheltenham to withdraw the motion.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

I have heard what the Minister said. She seems to be implying that this issue can be dealt with by the Bill, and that the regulator will have an eye on these sorts of things. I am somewhat reassured, but I hope that when the regulator is introduced—and we hope it is introduced—it will be given a strong steer that it ought to make sure that the owners of clubs are not stripping assets. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 12

Duty not to stage home matches outside United Kingdom without approval

“(1) A regulated club must not stage any home fixture in a competitive match at a venue outside the United Kingdom without the approval of the IFR.

(2) The IFR may only grant approval under subsection (1) if the fixture is not part of a specified competition.

(3) For the purposes of this section, a ‘home fixture’ means any fixture where the club is designated as the home team by the rules of the relevant competition.”—(Max Wilkinson.)

This new clause would prevent a regulated club from staging a competitive home fixture outside of the United Kingdom. It will allow regulated clubs to stage non-competitive fixtures outside of the United Kingdom.

Brought up, and read the First time.

Max Wilkinson Portrait Max Wilkinson
- Hansard - -

I beg to move, That the clause be read a Second time.

When we discussed this issue on Second Reading, I said that the prospect of Arsenal playing Manchester City in Dubai should have all football fans reaching for the sick bucket—I assume most Man City and Arsenal fans would agree with that. I remain of that view. The new clause would prevent a regulated club from staging a competitive home fixture outside the UK. It would allow a regulated club to stage non-competitive fixtures outside the UK.

Football is our national sport but too many fans are already priced out of attending matches. Clubs with large overseas fan bases clearly have a profit motive to schedule games outside the UK. The new clause would erect further barriers to stop that happening. We do not want barriers to local fans, who have supported their clubs through thick and thin, getting to the game.

Jim Dickson Portrait Jim Dickson (Dartford) (Lab)
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The hon. Member is pointing to a real fear for fans, particularly Premier League fans. In Europe, Serie A has said it will be playing competitive matches in the United States within two years. The Spanish super cup, its equivalent of the Community Shield, is already played in Saudi Arabia. It is important that we collectively as a Bill Committee keep an eye on this matter, so that the regulator uses its power to prevent that happening. Nothing would bespeak a bigger betrayal of fans than competitive matches played overseas that they could not get to.

Max Wilkinson Portrait Max Wilkinson
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I strongly agree. This is a real risk that we cannot look past. With the increasing foreign ownership of clubs, many people would clearly look to buy a football club and market it around the world by taking it on tour. We should not put up with that in this country; this is our national game and it should be protected as such. Staging competitive UK fixtures outside the UK must not be allowed. It would dilute football’s links to the communities that it needs to continue to survive. It would act only in the interests of club owners who might not always have the interests of fans at heart.

Lincoln Jopp Portrait Lincoln Jopp
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I am listening with interest to the hon. Member’s comments, but does he think that link to home is diluted for American football or baseball when those leagues play a match in London?

Max Wilkinson Portrait Max Wilkinson
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The hon. Member makes an interesting point. The US has a franchise system, so every club can be moved wherever it wants. Someone who is an Oakland Raiders fan would probably also have been an LA Raiders fan. Where else did the Raiders play? There was definitely a third place, at least, in my lifetime, because clubs regularly move around the nation. When there is that franchise problem in America, hardcore elements of a National Football League club campaign against their club moving, and then campaign for it to move back to that city. The LA Raiders are a case in point.

That link between clubs and communities has already been severed in America, so it is less of a concern that the Jacksonville Jaguars are effectively now London’s team. London has taken that club to its heart, just as people across the UK have taken many other NFL and American sports teams to their heart. The hon. Member raises an interesting point, but I am not sure there is a direct comparison.

We risk getting to that point where some English and Welsh football teams go abroad—although Merthyr Tydfil might like the idea of going on tour, if they get up to the level of league where they are regulated. We need to ensure that we do not get into the position where our teams go on tour around the world to play competitive Premier League games. That would clearly be a gross betrayal of what we hold dear as football fans.

Stephanie Peacock Portrait Stephanie Peacock
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I thank the hon. Member for tabling this new clause. I know this is an incredibly important issue for many fans, and I am grateful to be able to address it today, after a number of Members made contributions. FIFA is currently reviewing its position on overseas league matches. It has committed to looking at how that may impact supporters as well as players, along with a number of other valuable considerations.

We appreciate this is an extremely important issue for fans and we do not want to see any developments that undermine the heritage or integrity of the game. It is crucial that fans are consulted and that their view is taken into account on any proposals that would take matches away from the local community in which they usually play.

The Government have spoken about this issue to the FA, which has a right to veto any such future proposals. It has assured us that it agrees that fans’ views must be taken into account when considering this important issue. To be clear, the Bill already ensures that by giving the regulator the power to ensure that clubs consult with their fans on operational and match day issues. We have not tried to list everything that might be considered a match day issue in the Bill, but let me be clear that moving matches abroad would be an operational and match day issue. Fully licensed clubs must have mechanisms in place to adequately and effectively consult their fans about this issue and they must take fans’ views into account when making decisions about it.

Given the importance of this developing issue, the Government will remain in conversation with the relevant governing bodies to ensure that fans’ voices continue to be heard. For those reasons, I ask the hon. Member to withdraw his new clause.

Max Wilkinson Portrait Max Wilkinson
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Hon. Members are all waiting for it—this was going to be the moment that we were going to force a vote, but given that the Minister has put on record the fact that this will be considered an operational and match day issue for the regulator, so fans must be consulted on it and would probably have a veto, we are content that we do not need to press the new clause to a vote. I beg to ask leave to withdraw the motion.

Clause, by leave, withdrawn.

New Clause 17 

Impact on regulator of changes in Government administration

“If the Department for Culture Media and Sport is abolished, or its functions in relation to football substantially relocated, the Government must automatically review the suitability of the continuation of the IFR and the impact that the abolition or relocation will have on the IFR.”—(Mr French.)

This new clause would require the Government to review the IFR in the instance that the Department for Culture, Media and Sport were abolished, or its functions substantially altered.

Brought up, and read the First time.

Louie French Portrait Mr French
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I beg to move, That the clause be read a Second time.

We believe that new clause 17 is important, given the speculation that the Minister might soon be going somewhere else on a free transfer. On a more serious note, this is a sensible provision, given the legal requirements on the Secretary of State in the Bill. For example, there has been much speculation that if the Department for Culture, Media and Sport were disbanded, sport, for example, would end up in the Department of Health and Social Care or the Department for Education, which would mean a different relationship with the football regulator going forward. Therefore, it is important to include a review mechanism in the Bill.

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Max Wilkinson Portrait Max Wilkinson
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Were DCMS to be abolished, which Department does she think the regulator would end up reporting into?

Stephanie Peacock Portrait Stephanie Peacock
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I could not possibly speculate on such a hypothetical question.

I will say that clause 96, which we have already debated, mandates a review of the Act within five years of the licensing regime being fully commenced. Among other things, the review will look into whether the regulator has been effectively achieving its objectives, or whether those objectives might be better achieved in a different way. There are also other ways in which the regulator can be scrutinised and held to account by Parliament, such as through Select Committee hearings. I therefore hope that the hon. Member will withdraw his new clause.

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Max Wilkinson Portrait Max Wilkinson
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It is a pleasure to serve under your chairship, Mr Turner, and to be in raucous agreement with the shadow Minister.

Max Wilkinson Portrait Max Wilkinson
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The hon. Member suggests that we have not sided in any Divisions with the official Opposition; the record will show that we have.

Louie French Portrait Mr French
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The last one.

Max Wilkinson Portrait Max Wilkinson
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No, several.

I have been to many football matches at more than 50 Football League grounds, and every time I have attended with groups of people who have been in the pub until the last possible moment, forcing down an extra pint—or an extra lucky gin and orange, which was a tradition that a group of my friends used to have—before a game. They did that because they knew that once they got into the ground, they were subject to ridiculous rules that meant they were not treated as adults. These people were very much adults. They were drinking real ale and talking about cricket, sport and things they had done at work that week. They were not football hooligans. We know that the majority of people who watch football matches are not football hooligans.

These rules date from a bygone era when people were concerned that everyone who went to the football was a hooligan. The atmosphere in grounds these days is entirely different from what it was back in the 1980s and 1990s, when things happened that nobody would want to see now. We are drifting in the right direction, back towards standing in stadiums—that is positive—and we need to start drifting back towards a situation in which we treat football fans as adults and recognise that the current ridiculous ban means that people are more likely to be more drunk at football.

Lee Dillon Portrait Mr Lee Dillon (Newbury) (LD)
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It is a pleasure to serve under your chairship, Mr Turner. People can sit on the terraces at Twickenham and watch rugby union while having a pint of Guinness. Does my hon. Friend agree that that causes no concern around behaviour, and could easily be transferred to the football stadium?

Max Wilkinson Portrait Max Wilkinson
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I agree. The assumption that football fans are hooligans is clearly not borne out by the statistics any more. We need to take a real-life, real-world view of what happens as a result of these rules.

As the shadow Minister said, the new clause does not say that everyone must drink at football grounds or that the ban must be overturned. It puts the issue in the context of a review, after which clubs might be able to reintroduce alcohol in stadiums. That is important. I believe that the hon. Member for York Outer (Mr Charters) recently suggested such a measure, so there is clearly cross-party support.

Lincoln Jopp Portrait Lincoln Jopp
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I welcome the hon. Member’s support for the new clause. Does he agree that things have significantly changed since the 1970s? The majority of fan trouble is now fuelled by cocaine, not alcohol. We should reclaim a pie and pint at half-time for good, honest fans.

Max Wilkinson Portrait Max Wilkinson
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I think that we should reclaim a pie and pint at half-time, during the first half and during the second half. I have attended a football match and seen cocaine somewhat brazenly being taken in the loos at half-time. Those of us who attend football regularly will see that, and it is very concerning—more concerning, I would suggest, than people drinking beer during while watching football. I draw my remarks to a close, other than to say that this is a long-overdue debate.

Jim Dickson Portrait Jim Dickson
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I thank the hon. Gentleman for giving way and hope he forgives me for not being a supporter of a club at which gin is the normally consumed pre-match beverage.

I have a lot of sympathy with what the hon. Gentleman is saying. I regularly attend home matches for Dartford football club, where people can drink in view of the pitch and there is no trouble—it is a great, family atmosphere. However, just to be real here, I have also seen situations where alcohol is clearly fuelling aggression, violence and bad behaviour for some of the reasons that have been pointed out. I am a little fearful of very significant consumption in view of the pitch; we still need to be careful of that. Were we to allow limited opportunities to consume alcohol in view of the pitch, in certain parts of the grounds, in the leagues where it is currently not permitted, we would need careful controls to prevent the problems that have been identified.

Max Wilkinson Portrait Max Wilkinson
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To clarify the point about the lucky gin and orange, I believe that my friends chose that as a pre-match drink because they had already had five pints of real ale and were no longer able to fit in that quantity. Having gin on top of five pints of real ale is clearly not a good idea. There are other opportunities for people to have all kinds of drinks before football. The point is that people force down drinks in pubs because they know that they cannot drink during the game, and that means that they are more likely to be drunk in the football ground. We support the new clause.

Clive Betts Portrait Mr Betts
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This is a difficult issue. None of us wants fan behaviour to get worse, given that it has largely stabilised at most grounds. Such behaviour happens not just before the game but at half-time: fans rush down and get at least two or three pints in during the quarter-of-an-hour break.

I ask the Minister reflect on this proposal; I am not asking her to agree with it. She might talk to colleagues in Europe through UEFA. I have been to a Bundesliga game in Berlin. They serve beer there—in quite large quantities—but it is 2%, so it is weaker. That is one way to do it. It seems to be a regulation, and it seems to work.