Football Governance Bill [ Lords ] (Ninth sitting)

Melanie Onn Excerpts
Amanda Martin Portrait Amanda Martin (Portsmouth North) (Lab)
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It is a pleasure to serve under your chairmanship, Sir Jeremy. I draw attention to my entry in the Register of Members’ Financial Interests, be that as a season ticket holder at Portsmouth football club or, as of this morning, a newly re-elected member of the Pompey Supporters Trust board.

In the Bill under the previous Government, as we have heard, parachute payments were ruled out. I welcome, along with many fans, the change brought by the Minister to allow the regulator to look at those payments. Because of that, I know that Labour has strengthened the backstop, and, importantly, now puts it within the scope of the Bill. The change comes in part 6, where the critical issue of financial distribution is discussed. That is a key element of the Bill for my football club, Portsmouth, and other English Football League clubs, as it is impossible for club sustainability to be achieved unless there is a change to how money is distributed across the game.

However, like other Committee members, I have one area of concern that I would like to seek clarification on, and it is linked to my hon. Friend the Member for Sheffield South East’s amendment 141. The Bill proposes a two-year period during which parachute payments cannot be reduced at all following a distribution order taking effect. Clubs such as Portsmouth believe that that should be halved to 12 months; a two-year window, as we have already heard, could result in the issue of parachute payments not even being addressed during this term of Parliament.

Can my hon. Friend the Minister give details of this timeframe, and of the possibility of the IFR having the ability to determine for itself the right approach to payments to regulated clubs, rather than having a set timeframe? Could she also comment on the role that reports such as the state of the game report may play in financial regulation?

Melanie Onn Portrait Melanie Onn (Great Grimsby and Cleethorpes) (Lab)
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It is a pleasure to serve under your chairmanship, Sir Jeremy. I wanted to take this opportunity to support my hon. Friend the Member for Sheffield South East’s amendment 141. It speaks directly to the principle at the heart of this Bill: ensuring a sustainable and fair future for football clubs throughout the pyramid, including those at the very heart of our communities.

The current structure of parachute payments, where clubs relegated from the Premier League receive tens of millions more than their counterparts, is a major contributor to systemic unsustainability. Those payments—£48.9 million in year one and £40.1 million in year two—create a gulf that clubs in the Championship must try to bridge, not with balanced support but with risky financial manoeuvres. The result is dependency on volatile owner funding, something that we have seen tragically unravel at clubs such as Bury, Wigan, and, of course, Derby County.

The backstop mechanism that the Government are introducing in the Bill is absolutely the right approach, providing a necessary and independent means for resolving disputes in financial distribution. But the two-year protected period on parachute payments really does risk hampering the ability of the new independent football regulator to respond with the urgency that is often required.

When the Bill was first published back in October, the understanding among many clubs, including my own local club of Grimsby Town—I declare no official interests, although it is important to our local community and is one of the teams in the lower leagues that really feels the financial strain from unfair distribution—was that the protected period would be set at 12 months rather than two years. Amendment 141, as I read it, simply seeks to reflect that original expectation.

Allowing for a one-season window still gives the regulator the discretion to proceed carefully, while also preserving the flexibility to act more swiftly should the need arise. This is about fairness, and also about credibility, because, if we are to empower the regulator, we should not be artificially constraining it before it begins its work.

I am grateful for the Minister’s attention to detail and her response to my hon. Friend the Member for Sheffield South East’s contributions so far. I really think that the spirit of amendment 141 aligns with all our shared ambitions to build a financially sustainable game. It is a constructive proposal, and I hope that the Minister gives it serious consideration.

Lincoln Jopp Portrait Lincoln Jopp (Spelthorne) (Con)
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It is a pleasure to serve under your chairmanship Sir Jeremy. I remind the Committee of my entry in the Register of Members’ Financial Interests. Unlike the hon. Member for Rushcliffe, I chose my tie with purpose this morning, to celebrate both the fact that this might be the last day of the Bill Committee and also events in Atlanta last night.

What we have seen is the thin end of the wedge. I am alive to the arguments about the disparity that parachute payments create in the overall economy of football. However, this Bill is undoubtedly the thin end of the wedge. It will come as no surprise to Members that I am a Conservative, and therefore I think the best form of regulator is competition. We all just ought to watch, because if the regulator has parachute payments within its purview, what is next? It will be agents’ fees, TV rights carve-ups, finishing position bonuses and cut prize money. Seeking to run football as some sort of socialist command economy will come unstuck. I put on record my concern that that is exactly what the Bill seeks to do.

Football Governance Bill [ Lords ] (Fifth sitting)

Melanie Onn Excerpts
Stephanie Peacock Portrait Stephanie Peacock
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The Government envisage that licence refusal or the revocation of a licence would be in extreme circumstances, but there will come a point when the regulatory system switches on and a licence will be needed in order to play. That is the point that I am keen to clarify. Yes, ultimately a club can be stopped from playing if it does not apply for a licence, but I stress that, with the provisional licence, it does not have to be meeting it; it has to be willing to meet it.

The regulator will do everything it can to work with clubs, because it is in no one’s interests for a club to be unable to play—that would be completely contrary to the purpose of the Bill. The purpose of the Bill is to improve club sustainability once the regime is in force. There must be a consequence for extreme cases, which is the point that the shadow Minister is making, but the club must be given every opportunity to meet the standards if it has failed to do so. Once a club is licensed, the regulator will have a range of other escalating enforcement tools. We will come on to enforcement, so I will not elaborate on that now—I do not want to test your patience, Sir Jeremy.

I turn now to the threshold requirements in schedule 4. There are three main areas of the regulator’s licensing regime that build on the freestanding duties in the mandatory conditions. Meeting the threshold requirements will mean that the regulator is satisfied that the club can currently operate sustainably in its financial, non-financial and fan-engagement areas and will continue to do so.

Although the threshold requirements are principles set in legislation, what each club must do to meet the threshold will not be the same. For example, what constitutes appropriate financial resources for a Premier League club will be very different to a League One club. A club may already meet the threshold requirements, for example, through naturally good operations or by complying with competition laws. In such cases, the regulator will not need to directly intervene. But if not, the regulator can apply discretionary licence conditions to bring the club up to the required threshold, which was the point that the hon. Member for Spelthorne referred to.

The structure will allow for a proportionate, light-touch system, with requirements tailored to clubs. The threshold requirement for financial resources means that clubs need an appropriate level of financial resources to support their long-term financial sustainability. The regulator will be able to consider any relevant factors to determine whether the club’s financial resources are appropriate relative to its circumstances and the risks it faces. For example, that might include which competition the club competes in, its financial relationship with its owners, and the wider economic context that it operates in. In particular, the regulator should take into account the club’s financial plan, and its contingency plan for dealing with financial shocks.

In essence, a club must have the financial resources to match the business it is operating—and plans to operate. If a club does not have the finances to back up its plans, or does not have plans in place for how it would manage foreseeable risk, it would need to do one of two things: either demonstrate that it has access to the necessary funding, or reconsider its plans and risk appetite. If it does not, then the regulator can impose discretionary licence conditions to bring the club’s finances back in line with its operations and risk level.

For non-financial resources, a similar threshold requirement and process applies. Non-financial resources could include things such as internal control systems and policies, as well as the information and people that a club has available to it. Although not financial in nature, these are important resources for any well-run club and need to be adequate. When assessing whether these resources are appropriate, the regulator might consider the skills and experience of senior managers, its plans, and its corporate governance arrangements.

The financial and non-financial resources of a club both need to be appropriate. For example, a club needs to have the financial means to back up its plans, and on the non-financial side it needs to have a contingency plan and risk-management processes to mitigate potential financial shocks.

Melanie Onn Portrait Melanie Onn (Great Grimsby and Cleethorpes) (Lab)
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Is it the Government’s expectation that financial and non-financial resources will be proportionate to the size of the club?

Stephanie Peacock Portrait Stephanie Peacock
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My hon. Friend makes an important point; it will be proportionate. I have met with all the leagues a number of times, and this was of particular concern to the National League. It will be proportionate, and the regulator will take that approach when dealing with the different clubs and leagues.

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Louie French Portrait Mr French
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I beg to move amendment 106, in clause 19, page 13, line 19, at end insert—

“(c) inviting the club to make representations about the proposed revocation, and

(d) specifying the means by which, and the period within which, such representations must be made, which must be a period of not less than one month beginning with the day on which the notice under subsection (3) is given.”

This amendment allows clubs to make representations about the proposed revocation of their operating licence.

Clause 19 concerns the revocation and cessation of an operating licence granted to football clubs. That is understandably a crucial provision that goes to the heart of how the Government’s new regulator will exercise its most serious power, the ability effectively to remove a club from the regulated football pyramid by taking away its licence to operate. Let me clear from the outset that we support an independent regulator that can intervene when standards are seriously breached but, as with all powers of this kind, the devil is in the detail. Our task in this Committee must be to ensure that the regulator’s powers are proportionate, transparent and accountable.

Clause 19 provides that the regulator may revoke a licence if the club in in breach of licence conditions or if there are grounds to believe that the licence should never have been granted. In principle, that is entirely reasonable, but the consequences of revocation, for clubs, fans and communities, are potentially devastating. This is not the revocation of a licence to sell alcohol or to host events late into the night; it is the revocation of a licence to participate in the life of a community—in many cases, the cultural soul of a town or city. That power should not be exercised lightly, so I must raise several matters with the Minister.

First, what thresholds and safeguards are in place to ensure that revocation is used only as a last resort? Will the Government’s regulator be required to consider less draconian alternatives—such as conditional compliance periods, fines or a change in ownership—before resorting to the total revocation of a licence? Secondly, what procedural protections exist for clubs facing this threat? As it stands, there is no right of appeal, which is why I tabled amendment 106, which would allow clubs to make representations about the proposed revocation of their operating licence.

These are serious matters. The Government’s regulator is empowered to act in the interests of the game and to uphold high standards of governance, transparency and financial responsibility. But with such powers must come robust safeguards, and that is where the clause as drafted falls short. As it stands, there is no explicit requirement for the regulator to notify a club of its intention to revoke the licence, or to invite the club to make representations, before such action is taken. In effect, the regulator could move straight to revocation, without a formal process that allows the club to defend itself, explain its actions or offer remedial steps. That is not due process, it is not natural justice, and in any other regulated sector such an approach would be wholly unacceptable.

Melanie Onn Portrait Melanie Onn
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The shadow Minister talks about there not being due process, but the Bill talks about a club’s failure being persistent and says that a failure is persistent if it has occurred

“on a sufficient number of occasions for it to be clear that it represents a pattern of behaviour or practice.”

It is not a one-off that results in revocation.

Louie French Portrait Mr French
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I understand the point that the hon. Lady makes, but we still believe that clubs have a right to representation and to appeal, which is what this amendment seeks to put into the Bill.

My amendment would fix the problem. It would require the Government’s regulator, before making any decision to revoke a licence, to provide the club with written notice of its intention to do so, and not just stating that it will be revoked but setting out the reasons and the evidence relied on. The club would then be entitled to respond—to make representations within a reasonable timeframe, to challenge the basis of the proposed revocation and to outline any mitigating circumstances or corrective measures.

Such a mechanism would not just be fair; we believe that it is necessary. The consequences of revocation of an operating licence are profound. It would prevent a club from competing in the regulated pyramid, as has been highlighted already. That would be likely to trigger financial collapse, job losses and irreparable harm to the club’s standing and its local community. Therefore, the decision to revoke must be taken only after the fullest consideration, and that cannot happen if one side is not allowed to speak.

There is a broader point about public confidence in the Government’s new regulator. For it to earn the trust of clubs, fans and the wider footballing ecosystem, it must be seen to operate fairly and transparently. Due process, consultation and the right to be heard before sanctions are imposed are all basic principles of good governance and the basis of justice. By incorporating my amendment in clause 19, we would be helping to enshrine those values at the heart of the regulator’s enforcement powers.

I urge the Committee to consider the precedent being set. If we allow revocations to occur without a statutory right to respond, we risk creating a regulatory regime that is reactive rather than reflective—one that punishes rather than reforms. That would be to the detriment of the game as a whole, particularly if clubs are chucked out or have their licence removed midway through a season. That would cause a much greater ripple across the league system.

Let me be clear: this amendment does not seek to tie the regulator’s hands. It does not require the regulator to delay action indefinitely or to overlook serious misconduct. What it does do is ensure that any action is taken with the full knowledge of the facts and with the benefit of a fair and balanced process. As we have heard already, clubs, especially those in lower leagues, do not have legions of lawyers or vast compliance departments. Despite best intentions, they may make genuine mistakes or fall foul of complex regulations. We must allow them the chance to explain, to engage and, where appropriate, to put things right, before the ultimate sanction is imposed.

This is a measured, sensible and proportionate amendment. It aligns with principles that Members across the House support, and I hope that the Committee will support it. If we are serious about building a strong, fair and sustainable regulatory regime, we must ensure that justice is not only done but seen to be done. On my broader concerns about the drafting of the clause, I ask the Minister what transparency will apply in such situations.

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Louie French Portrait Mr French
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My amendments would remove the requirement for clubs to include in their corporate governance statements an account of the actions they are taking to improve EDI. Although the intentions behind the provision may be well-meaning, we believe it is misplaced within the framework of a Bill that is rightly intended to stabilise the footballing pyramid, preserve our historic clubs and ensure sustainable financial conduct.

Let us be clear about what schedule 5 seeks to achieve. It introduces a requirement for clubs to prepare and publish an annual corporate governance statement setting out how the club is managed, its leadership and board structure, and the internal controls that ensure compliance with financial and operational rules. That is, at heart, a welcome and worthwhile measure that will support transparency and proper stewardship across the game. Those are principles that we have been urging the Government to apply to the regulator throughout the process of the Bill, but we believe in certain areas they have declined to do so. The inclusion, however, of a requirement for clubs to report on their actions to advance EDI veers into territory that is, at best, tangential to the core purpose of the legislation. This is, after all, a Football Governance Bill, not a vehicle for social policy experimentation.

Melanie Onn Portrait Melanie Onn
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We talked about this briefly in a previous session. The requirements in schedule 5 are exactly what would be found in any business’s corporate governance report, alongside ESG expectations. Why should it be different for football, and is it particularly the “E”, the “D” or the “I” that the shadow Minister does not like?

Louie French Portrait Mr French
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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.

Louie French Portrait Mr French
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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.

Melanie Onn Portrait Melanie Onn
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The shadow Minister spoke about initiatives that have already been undertaken in football. Clubs have a wider role of community leadership in local communities, and is that not precisely what these rules and regulations provide for? They will ensure that clubs deliver community leadership on things that are important, particularly around community cohesion.

Louie French Portrait Mr French
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As I have made clear, we believe that some of these issues are important, but we believe that they should be addressed on a voluntary basis, which is what has driven progress in the game. We do not believe that it should be mandated in statute at arm’s length by the Government. I have been clear in making that distinction in my comments.

Requiring clubs to report annually on their EDI action is not a proportionate or effective way to achieve those broader aims. It amounts to moral licensing, encouraging clubs to go through the motions rather than to take meaningful steps to foster a welcoming culture in ways that make sense for them.

My amendments would restore clarity to the regulator’s remit. They would ensure that schedule 5 is focused on what really matters: clear lines of accountability, proper oversight of directors and owners, and a robust governance structure that protects clubs from the kind of catastrophic mismanagement that we have seen in the past. Football has always been about community; it is in the dressing rooms, on the terraces and in the shared heritage of our towns and cities that the game’s values are lived. Let us not fall into the trap of thinking that they can be legislated for by line item in a regulator’s reporting requirements. It is for that reason that I tabled these amendments. I urge the Minister to reflect seriously on whether this part of schedule 5 is truly consistent with the aims of the Bill and the traditions of our national game, which is inclusive by default.

Football Governance Bill [Lords] (Fourth sitting)

Melanie Onn Excerpts
Louie French Portrait Mr French
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I thank my hon. Friend for sharing his experience of regulation more generally. He highlights an important point about growth, which we were trying to get at with our earlier amendment and which we have discussed again this afternoon. Unless the regulator has a clear growth mandate—as I said in the previous debate, I understand that the Chancellor is consulting regulators for growth ideas—it may not seek to stick to it, and it could therefore become obsessed with other issues and regulations. This amendment is not trying to alter what the regulator does; it is just trying to ensure that we have information on costs so that Members of this House can understand the impact. Again, I believe that is a valuable tool for us to have.

Melanie Onn Portrait Melanie Onn (Great Grimsby and Cleethorpes) (Lab)
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The shadow Minister is talking about growth. Does he accept that growth has been included as a secondary duty in clause 7?

Louie French Portrait Mr French
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I do accept that, but as we made clear in the earlier debate, we want growth to be included in the Bill as a primary objective. The hon. Lady has just said that it is a secondary objective, but why is it not a primary objective of the regulator to try to grow the economy of football? We have previously argued that it should be, and I do not want to rehash that whole debate, but that is the distinction that we are making. The hon. Lady quoted the secondary objective, but we have said that it should be primary.

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Melanie Onn Portrait Melanie Onn
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On that point, the fact that growth is in the Bill means that it is a clear obligation on the regulator. The expectation is that the regulator would then be obliged to consider the desirability of avoiding

“adverse effects on the financial growth of…English football.”

That seems perfectly plain in the Bill.

Louie French Portrait Mr French
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I respectfully disagree with the hon. Lady. That is obviously her opinion, and we have made a counter-argument and point of debate, which is what this House is for. We believe that growth should be a primary objective. Before the break, we also outlined at length one of the risks of adverse impacts on growth, which was her second point. We have substantially highlighted the impact that English clubs being excluded from European competitions, or the national team being excluded from international competitions, would have on the growth of the game. We have made that argument quite clear. Government Members may not agree with those risks or the points that I have made, but we have been quite clear on why we believe that growth should have been included in the primary objectives.

I will return to the amendment, because I am at risk of getting a yellow card this afternoon. We believe that this Government’s regulator will blur the lines on who has caused financial instability, as the actions of the regulator are being kept behind closed doors unless this amendment is agreed to. Not only have the Government appointed one of their Labour donors as the regulator’s chair, as we have already heard, but they are now trying to deny English football fans the information to which they are entitled to judge for themselves the success of the Government’s regulator in delivering financial stability, or instability. For supporters, increased costs mean higher ticket prices, fewer community programmes and cutbacks to the very things that make their clubs more than just businesses. They are at the heart of the community, which I believe most people will agree with.

We have already seen the regulator begin to grow in size. While the Minister refused to confirm the number of staff that she expected her regulator to end up employing, she answered my written question after our deliberations in this Committee concluded, which I appreciate. The Minister confirmed that, as of 1 June, the shadow football regulator had 42 employees, 11 of which had previously been employed by the Department for Culture, Media and Sport, and 2 had formerly advised the Department. I make that point because the shadow regulator has already seen a 10% increase in headcount since the Minister in the other place answered a similar question back in January. We know that the Government are hiring more people, and we are still not clear on how big it will become or what the subsequent costs will be.

If that is the direction of travel, transparency on the cost burdens to clubs is not a nice-to-have but absolutely essential to understand how successful an impact the regulator is having. My amendment would introduce a simple but essential safeguard so that Parliament, clubs and, most importantly, fans could see in plain terms what this Government’s regulator was really costing. That scrutiny and transparency will encourage restraint, discipline and proportionality in the way in which the Government’s regulator operates. That, in turn, will help reduce its burden on clubs and thus make football more sustainable—I believe that was the point made by my hon. Friend the Member for Spelthorne in his earlier intervention.

We do not want to replace one form of financial instability with another, where well-meaning but poorly monitored regulation drives costs even higher, disproportionately affecting those least able to bear them. This is not about opposition for opposition’s sake; it is about delivering sustainable regulation that supports, not stifles, the game that we all cherish. For that, we need proper accountability of the regulator.

As I said on Tuesday, I do not believe that many people think that regulation has been done well in this country over the past 20 years. We can talk about whom we want to blame, but I argue strongly—this is not a party political point—that regulation has not been done well and that Parliament has devolved too much power to unelected people who are not held accountable for their decisions. I want to avoid that at this point in the Bill. We are setting up a new regulator—I am sure that will happen—so let us ensure that it is accountable to this House, that we do not make the same mistakes as in the past, and that we have accountability and transparency on cost and direction of travel.

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Louie French Portrait Mr French
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The Minister has outlined clauses 17 and 18 at some length. We had a lengthy debate on clause 17 in relation to our amendment 101. We are naturally disappointed that the amendment, and the time limit that we seek for the provisional licensing, was not agreed to. However, in the interests of time, I will move on to clause 18.

Clause 18 sets out the process by which the Government’s regulator may grant the full operating licence to a club, which is a crucial stage in the proposed licensing regime, with significant long-term implications for the structure, stability and future of the English game. This clause is where the Government’s regulator transitions from assessing provisional eligibility to giving a formal stamp of approval for a club’s longer-term competition and compliance. However, the clause raises several questions that the Committee must interrogate, and that I hope the Minister will be able to answer—not least whether it achieves the right balance between regulatory assurance and operational flexibility.

Under the clause, the regulator may grant a full operating licence only if satisfied that a club meets the relevant conditions of eligibility. That is right and proper, and clubs should be expected to operate on a stable financial footing, meet appropriate governance standards and protect the game’s integrity. But I am concerned about the breadth and, in some respects, the open-ended nature of what those conditions of eligibility might come to mean in practice.

We must be alive to the risk of regulatory overreach, as the Opposition have highlighted, and we should all recognise that bad regulation is worse than no regulation at all. If clubs are to be subject to vague or ever-changing thresholds, with little recourse or clarity on what is required, we risk imposing a level of uncertainty that could deter vital investment, discourage long-term planning and undermine the very sustainability that the regulator seeks to ensure. That is why the Opposition will—as we already have done in Committee—continue to press for greater transparency around the costs and cumulative burdens that flow from the action of the regulator; and it is why we believe that the regulator should not have unfettered discretion to shift the goalposts without clear parliamentary scrutiny and approval. As I have said, we should not write blank cheques to a politically led regulator.

Another issue with the clause is timeliness. As we have explained, clubs will need to plan ahead, financially, structurally and operationally. If the licensing process drags on, it risks becoming a bottleneck and not a safeguard for clubs around participation. We tabled amendments that would ensure timely decision making on provisional licences, and the same principle must surely also apply to full licences. However, we appreciate the different context within which a full operating licence will exist. That is why we have not tabled an amendment to this clause with a specific deadline. We understand that full licences will take slightly longer.

Moreover, there is a danger that the full licence becomes a tool for undue influence. We have spoken about our concerns about the impact that that may have on the statutes of UEFA and FIFA—in the interests of time, I will not go into that again. If clubs feel under pressure to comply with this new licensing regime to be able to play in English football, there may be a concern about them breaching other regimes, such as UEFA and FIFA, and, again, they may fear expulsion from those competitions.

One club asked me this question, although it was a tongue-in-cheek comment, so I will not name them. If a Premier League club decided not to apply for a licence, would the Government look to exclude it? There is the risk that, if a club feels that it will not be able to compete in Europe, for whatever reason, it may choose what this Bill was originally intended to stop: the European breakaway league.

I am not sure that the club would do that, as it was a tongue-in-cheek comment, but what would happen if a club says, “We are not going to meet these conditions, and therefore we will not apply for a licence”? Would the Government or regulator be willing to kick that club out of the Premier League? Even though that question is hypothetical, we need to know where this might lead, because we are talking about a regulation that will have an impact. If the Minister can answer where she thinks that club might go, I would be particularly interested in that.

We are also concerned about the future interpretation of eligibility and how that may veer into what we believe to be subjective decisions, or where the Government’s regulator will take on new powers as it enters mission creep. As such, I would appreciate it if the Minister will confirm that there will be no demands, for example, on clubs to provide diversity quotas, net zero targets or enforced political campaigns, all of which stray beyond the regulator’s core remit of financial sustainability and good governance. Let us not forget that football clubs are not franchises, as they are in the American sport system. Our clubs are community institutions with long histories and unique identities. They are not all cut from the same cloth.

Melanie Onn Portrait Melanie Onn
- Hansard - -

Would the shadow Minister consider the kick racism out of football campaign to be political activity that clubs and the regulator should not be involved in?

Louie French Portrait Mr French
- Hansard - - - Excerpts

I thank the hon. Lady for her intervention, but that is not the point I was making. I am talking about quotas, which is a slightly different thing. We do not think that the regulator should be insisting on quotas, and that is very different from Kick It Out, which has made incredible progress for football over the years. The hon. Lady has raised a very different point, so I will not go down that rabbit hole.

I am sure that the Minister would agree that what is best for Barnsley FC is not necessarily best for Bromley FC or Bristol Rovers. Each club has unique characteristics and should be treated as such. However, we feel that the Bill, as drafted, could lead to clubs being lumped in the same direction. We believe in the equalisation of treatment, but each club should not be treated exactly the same when there are clear differences, whether that be in league structures or financial positions.

We are concerned about parts of clause 18, but we believe that it is an important part of the licensing structure that must be implemented with care, proportionality and consistency. It is essential that the Government’s regulator operates with discipline, sticking to those statutory objectives, resisting the temptation to micro-manage and always keeping front of mind the importance of stability, continuity and respect of football’s unique heritage. We support the principles of the clause, but I would appreciate it if the Minister answered some of my questions about what may come in the future and what the Government would do if a club decided not to apply for a licence.

Football Governance Bill [ Lords ] (First sitting)

Melanie Onn Excerpts
Louie French Portrait Mr French
- Hansard - - - Excerpts

The hon. Gentleman was chuntering, but I did not hear what he said so I cannot comment on it. The amendments tabled in my name are important to ensure that there is transparency, and to ensure not only that the regulator has independence in everything that it does but that the perception of its independence is not brought into question, because that is important.

I will talk through the grouped amendments. Amendment 117, to schedule 2, would insert that :

“Any political interests of, and political donations made by, the prospective chair of the Board, must all be declared as part of the appointments process, and published before the chair’s pre-appointment hearing with the Culture, Media and Sport Select Committee.”

Melanie Onn Portrait Melanie Onn (Great Grimsby and Cleethorpes) (Lab)
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Will the shadow Minister propose changes to the Cabinet Office’s governance code on public appointments, which is where this decision sits?

Louie French Portrait Mr French
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I am not clear why the hon. Member disagrees with the point that I am making about transparency of political donations.

Melanie Onn Portrait Melanie Onn
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I was not disagreeing or agreeing. I was simply asking a question.

Louie French Portrait Mr French
- Hansard - - - Excerpts

As I said, I am not sure what the argument is against the point that I am making, which is that donations should be made very clear.

Melanie Onn Portrait Melanie Onn
- Hansard - -

I think it is important to understand whether this is a general point of principle, as the hon. Member acknowledged in his comments about the previous Government’s decisions on the BBC, or something specific and unique to the Bill. He cannot have it both ways.

Louie French Portrait Mr French
- Hansard - - - Excerpts

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.

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

I recognise what the Minister is saying, and I understand the comparison she is making, but my understanding is that, if a Minister refers to a letter between the Government of the day and an international body that has important structures, there are rules within “Erskine May” that would allow—and sometimes force—the Minister to table that letter in the House of Commons Library for all Members to see, so I would urge the Government to do that.

Sir Jeremy, because this is very important, I seek your advice on whether, now that the Minister has referred to that letter, it should now be published under the rules of “Erskine May”. Can the Clerks clarify that, because the Minister has referred to it in her comments? It is in “Erskine May”—I checked on Second Reading—but I just want the guidance of the Clerks on whether that letter should now be published so that Members of this House can have an informed discussion about the risks to English football linked with the independence of the football regulator, because that is critical to all the work that we are going to do today.

Melanie Onn Portrait Melanie Onn
- Hansard - -

I wonder whether the shadow Minister could indicate in which section of “Erskine May” that information can be found. If that applies to this letter, it will apply to all letters to previous Governments as well.

Football Governance Bill [ Lords ] (Second sitting)

Melanie Onn Excerpts
Joe Robertson Portrait Joe Robertson
- Hansard - - - Excerpts

The Government Whip is agreeing from a sedentary position. “And therefore it is perfectly open to us to make a political appointment to the football regulator.” That is an extraordinary argument.

Melanie Onn Portrait Melanie Onn (Great Grimsby and Cleethorpes) (Lab)
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I do not think it is a case of saying, “Well, you did it, so we’ll do it too.” It was just highlighting the absolute hypocrisy coming from the Opposition Benches.

Joe Robertson Portrait Joe Robertson
- Hansard - - - Excerpts

I obviously disagree with the word “hypocrisy.” [Laughter.] There is no point laughing when dealing with the very serious issue of taking politics out of football. Fans do not want to see us trading arguments about hypocrisy and the BBC; they want to see us working together to keep politics out of football, and that is what these amendments seek to do.

On the amendment about political donations, of course the shadow Minister spoke about the Government’s preferred candidate—that is the environment in which the Bill is being considered. We learned about the preferred candidate’s political donations to the Secretary of State and the Prime Minister only in a Select Committee hearing, after the Bill had already been considered on Second Reading.

My colleagues and I looked at the preferred candidate’s donations to Labour MPs and prepared a list of those that had been publicly filed. The list did not include his donations to the Secretary of State or the Prime Minister. I am not saying that there was an improper lack of a declaration of interest, but the donations were not in the public domain. It was only at the very late stage of a Select Committee hearing on his appointment that the donations came out, and they came out because he voluntarily gave that information. I commend him for doing so, but this is the problem we have: we are relying on candidates voluntarily declaring donations they have made to the Government of the day—donations that might not otherwise be publicly declarable. Amendment 117 would force such donations to be publicly declarable in order to keep politics out of football.

Melanie Onn Portrait Melanie Onn
- Hansard - -

The hon. Gentleman appears to presuppose that such a declaration would result in a person being turned down for the post. In fact, there was a declaration and the Select Committee still decided that the candidate was a fit and proper person. As could happen in future, this person was found to be suitable regardless.

Joe Robertson Portrait Joe Robertson
- Hansard - - - Excerpts

I am not sure I agree with the hon. Member’s interpretation of why individuals should disclose that they have made political donations. It is not necessarily so that they can be automatically vetoed; it is for transparency, making sure it is in the public domain and making sure the Select Committee has all the information available when it reviews their suitability. This time, the Select Committee relied on a voluntary disclosure. Through amendment 117, my hon. Friend the shadow Minister is trying to make that mandatory. It would then be for the Select Committee, other commentators, MPs and the media to draw their own conclusions and give their own opinions on suitability.

Melanie Onn Portrait Melanie Onn
- Hansard - -

The hon. Gentleman is being very gracious in giving way again, for which I am incredibly grateful. Could he explain what questions members of the Select Committee are not permitted to ask candidates when they are making these decisions?

Joe Robertson Portrait Joe Robertson
- Hansard - - - Excerpts

Amendment 117 would mandate that a candidate for chair of an independent regulator must declare all their political donations. It would not be merely a voluntary process. I back that, and in the absence of any good reason not to, I urge Government Members to do the same.

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

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
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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.”

Louie French Portrait Mr French
- Hansard - - - Excerpts

The hon. Lady is missing the point of what I said. By adding tens of millions of pounds, which I suspect will end up being the cost of the regulator—the Minister will be able to explain the figure—we are not reducing the cost for clubs but adding further costs. We will get on to distribution—

Melanie Onn Portrait Melanie Onn
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I thank the shadow Minister for that intervention.

None Portrait The Chair
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Order. I do not think that the hon. Gentleman had finished making his intervention.

Melanie Onn Portrait Melanie Onn
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Oh, sorry.

None Portrait The Chair
- Hansard -

I promise that if he goes on too long, I will stop him.

Louie French Portrait Mr French
- Hansard - - - Excerpts

We will come to the distribution of media rights and so on, to which the hon. Lady referred, but that is separate from the problem that we are talking about, which is that if the regulator is too big, it will add to the costs and there will not be as much money to go down the pyramid.

Melanie Onn Portrait Melanie Onn
- Hansard - -

The shadow Minister might be surprised to hear that I understand perfectly well what he said, as I have understood on all the previous occasions on which I have intervened. I am sorry that he does not seem to recognise that I do.

If the clubs had more money in the first place, because the structure of the pyramid and the flow of the finances were right, some additional cost proportionate to the size of a club would not be prohibitive to that club. Therein lies the problem: we fix the issue with the pyramid and then everything else will flow from that, and we can do that only with the existence of a regulator. The regulator cannot exist in isolation. It must have some supportive executive functions to be able to fulfil its roles and responsibilities in this weighty Bill.

Melanie Onn Portrait Melanie Onn (Great Grimsby and Cleethorpes) (Lab)
- View Speech - Hansard - -

For places like Great Grimsby and Cleethorpes, football is more than just a game; it is a source of pride, identity and belonging. Whether it is the roar at Blundell Park or the celebrations at the Linden Club, football unites our communities in a way few other things can. That is why my local clubs and I warmly welcome the steps that this Labour Government have taken to strengthen the Football Governance Bill and ensure the future of our national game.

Football is nothing without its fans. The shadow Secretary of State, the right hon. Member for Daventry (Stuart Andrew) is not in his place, but he has previously been on record saying that this is

“a good Bill to crack on with”.

He said it had been pursued

“crucially, for the future of football fans. They are the ones we have been thinking about through the whole process.”––[Official Report, Football Governance Public Bill Committee, 23 May 2024; c. 244.]

What on earth has happened? The Conservatives say it is another Bill, but it is not. It is their Bill with a few additions. The Bill has not been changed. They have shifted their position and it is a shameful situation. By putting supporters back at the heart of decision making, this Bill honours the passion and loyalty that sustain clubs up and down the country.

Martin Vickers Portrait Martin Vickers (Brigg and Immingham) (Con)
- Hansard - - - Excerpts

I thank my Member of Parliament for giving way. She talks about strengthening the Bill even further, but does she acknowledge that the fans at Blundell Park would not blame a supposedly independent regulator, like Ofwat, Ofgem or whatever, but would blame the politicians, if the regulator made a decision about potential investment in the club that they did not like?

Melanie Onn Portrait Melanie Onn
- Hansard - -

The hon. Gentleman will know that politicians are blamed for just about everything anyway, so it will not make much difference. This is a very tightly drafted Bill, and the role of the regulator is detailed in it. That is what the regulator will have to follow, and those are the parameters that have been set.

While the very top of English football enjoys huge success, the financial foundations for many clubs in lower leagues are far too fragile. Bad ownership, financial mismanagement and unfair wealth distribution have pushed too many proud institutions to the brink. This Labour Government are taking action. We are delivering on our manifesto promise—and, in fact, the Conservatives’ manifesto promise—to establish a regulator to protect clubs, ensure sustainability and empower fans, in stark contrast to the Conservatives, who are now anti-regulation, preferring the continuation of the current wobbly, unfair system. They are taking a hands-off approach, reversing their previous policy and backing the elite premiership clubs at the expense of those in lower leagues.

Our local clubs are adored, and with good reason. We have so much to celebrate. Cleethorpes Town FC have made my community proud, having been crowned champions with three games to spare, and securing their well-deserved promotion. Meanwhile, Grimsby Town are pushing hard for the play-off—although I remember that I said the same thing during the Westminster Hall debate, and then we lost, so we are still trying. I hope that Members will give us a cheer on Saturday if we get through. The success of these clubs is not limited to the pitch: initiatives such as Grimsby Town Foundation generate more than £4 million in social value in our area, which shows that clubs are not businesses but engines of hope for communities. We must never again allow them to be treated as disposable assets. They belong to the fans, and to the towns that they represent. The Bill introduces the protections that are needed if local clubs are to thrive and continue to bring enjoyment for generations to come.

English Football: Financial Sustainability and Governance

Melanie Onn Excerpts
Thursday 6th March 2025

(3 months, 3 weeks ago)

Westminster Hall
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Melanie Onn Portrait Melanie Onn (Great Grimsby and Cleethorpes) (Lab)
- Hansard - -

It is a pleasure to serve under your chairmanship, Mr Turner. I congratulate my hon. Friend the Member for Earley and Woodley (Yuan Yang) on securing this important and timely debate.

For places like Great Grimsby and Cleethorpes, football is more than a game; it is the beating heart of our town, a source of identity, pride and belonging. Grimsby Town FC is an institution. It was formed in 1878 in the Wellington Arms on Freeman Street, and Blundell Park was built in 1899; one of the original stands is still in operation. Through the Grimsby Town Foundation, the club has generated more than �4 million in social value, supporting education, mental health and opportunities for young people.

For too long, the football pyramid has meant that clubs up and down the country have faced uncertainty through bad ownership, financial mismanagement and an unfair distribution of wealth. It has left many on the brink. I welcome the Football Governance Bill�s intent to address those long-standing issues. Introducing an independent regulator to protect clubs ensures financial sustainability and puts the focus back on the heart of decision making.

I commend David Artell and his team for their fantastic recent form�they have had seven games unbeaten and are pushing for the play-offs. We must ensure that our clubs and community assets are protected for future generations. I will end by saying: up the Mariners!

Oral Answers to Questions

Melanie Onn Excerpts
Thursday 17th October 2024

(8 months, 1 week ago)

Commons Chamber
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Stephanie Peacock Portrait Stephanie Peacock
- View Speech - Hansard - - - Excerpts

I am incredibly grateful to the hon. Gentleman for asking such an important question. The Government are fully committed to supporting and growing women’s sport, and to ensuring that it is on an equal footing with men’s sport. The ambition to have equal prize money across sport, where possible, is absolutely right. I know that the Football Association took steps last season to double the prize fund for the women’s FA cup, and we will pay close attention to see what happens next.

Melanie Onn Portrait Melanie Onn (Great Grimsby and Cleethorpes) (Lab)
- Hansard - -

5. What recent assessment her Department has made of the impact of youth services on levels of antisocial behaviour in Great Grimsby and Cleethorpes constituency.

Lisa Nandy Portrait The Secretary of State for Culture, Media and Sport (Lisa Nandy)
- View Speech - Hansard - - - Excerpts

I am grateful to my hon. Friend for all her work to support young people in her constituency over many years. It is a source of national shame that youth funding decreased by 73% under the last Government—one of the deepest cuts made to any of our public services—and that there was no real strategy for a generation of young people. This Government are determined to get a grip on this issue to ensure that young people in towns such as Grimsby have the opportunities that they deserve.

Melanie Onn Portrait Melanie Onn
- View Speech - Hansard - -

I thank the Secretary of State for her answer. A shining example of youth services and their positive impact is the Haven Centre in Osborne Street in my constituency, where a dedicated team offer diversionary activities through sports and crafts and give essential mentoring and support. Since opening, the Haven has played an important role in reducing antisocial behaviour, with reported incidents down by 35% in the town centre over the last year. Will the Secretary of State join me in commending the staff at the Haven and all the youth providers across Grimsby and Cleethorpes, and recognise the vital role that they play in providing safety for young people and giving them access to new skills and facilities that they otherwise would not have?

Lindsay Hoyle Portrait Mr Speaker
- Hansard - - - Excerpts

Order. That was a very long question.

Oral Answers to Questions

Melanie Onn Excerpts
Thursday 3rd October 2019

(5 years, 8 months ago)

Commons Chamber
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Michael Ellis Portrait The Solicitor General
- Hansard - - - Excerpts

We are very fortunate in this country to have a judiciary who get it right almost 100% of the time. Some 80,000 sentences were passed last year, and of those only about 100 had to be referred to the Court of Appeal and were found to have been unduly lenient. So they are few and far between, but my hon. Friend is right that victims should be aware of the available options if a sentence has been unduly lenient. The Crown Prosecution Service is doing everything it can to make sure that victims are so informed.

Melanie Onn Portrait Melanie Onn (Great Grimsby) (Lab)
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6. What recent discussions he has had with the Director of Public Prosecutions on ensuring more effective prosecutions of cases involving rape and other sexual offences.

Kerry McCarthy Portrait Kerry McCarthy (Bristol East) (Lab)
- Hansard - - - Excerpts

7. What recent discussions he has had with the Director of Public Prosecutions on ensuring more effective prosecutions of cases involving rape and other sexual offences.

--- Later in debate ---
Michael Ellis Portrait The Solicitor General (Michael Ellis)
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I engage with the Director of Public Prosecutions regularly on criminal justice issues, including rape and serious sexual offences. Both the director and I recognise the devastating impact that those horrific crimes have on victims. I met with the director only a week or two ago and again this week. The Crown Prosecution Service and my office have worked closely with criminal justice partners in the ongoing Government review of the response to rape and serious sexual offences.

Melanie Onn Portrait Melanie Onn
- Hansard - -

What reason did the Director of Public Prosecutions give for the dreadful 51% drop in CPS prosecutions in these cases since 2014?

Michael Ellis Portrait The Solicitor General
- Hansard - - - Excerpts

I am disappointed by the figures that the hon. Lady refers to and I appreciate that they are a cause for concern. However, I would emphasise that they are not indicative of a lack of commitment to prosecute by the Crown Prosecution Service, any of its prosecutors or the Director of Public Prosecutions. We believe that a number of factors have contributed to this. They include perhaps a fall in the volume of referrals from the police and an increase in the volume of digital data. We are looking at the situation closely and a review is under way.

Hacker House

Melanie Onn Excerpts
Wednesday 25th September 2019

(5 years, 9 months ago)

Commons Chamber
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Urgent Questions are proposed each morning by backbench MPs, and up to two may be selected each day by the Speaker. Chosen Urgent Questions are announced 30 minutes before Parliament sits each day.

Each Urgent Question requires a Government Minister to give a response on the debate topic.

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Matt Warman Portrait Matt Warman
- Hansard - - - Excerpts

The hon. Gentleman is obviously right to ask the question, but the review will go wherever it needs to, and I have had no indication that anyone is not going to co-operate, be it the Prime Minister or anyone else.

Melanie Onn Portrait Melanie Onn (Great Grimsby) (Lab)
- Hansard - -

The Minister insists on calling this a review. Why is he shying away from referring to it as an inquiry? What will the scope and terms of the review be?

Matt Warman Portrait Matt Warman
- Hansard - - - Excerpts

I have already said to the Chair of the Select Committee, who is no longer in his place, that we will write to him with more information on that. All I can say now is that the review will leave no stone unturned.