Football Governance

Paul Farrelly Excerpts

Thursday 9th February 2012 Westminster Hall

[Mr John Whittingdale (Maldon) (Con)]

It is a pleasure to speak under your chairmanship, Mr Havard, and to have the opportunity to discuss the Select Committee’s report on football governance. This was a substantial inquiry by the Committee. It is worth remembering why the Committee decided that this was an important issue that deserved examination. There were two reasons, the first of which was the clear commitment given by both the parties that now form the coalition Government. It was clear that action needed to be taken, particularly to assist and encourage supporters to have greater involvement in the ownership and running of football clubs. That commitment appears plainly in the coalition agreement, although it was perhaps slightly less clear on precisely how it should be delivered. The Committee thought that it might be in a position to help the Government by taking evidence, examining that question and making recommendations.

However, this was not just about supporter involvement, although that is a very important element. It rapidly became apparent to us that there was quite significant concern among hon. Members on both sides of the House about the general state of our national game. A debate in this Chamber was extremely well attended by hon. Members, many of whom spoke up about the difficulties facing their local football clubs. There was widespread concern that something was wrong with the game. Perhaps that was best summed up by my hon. Friend the Minister, who famously described football as the “worst-governed sport” in England. I have to say that in the course of the Committee’s inquiry, we did not find much evidence to contradict what he said. However, we also found much to admire and praise about English football. There is no question but that it arouses huge passions up and down the country.

As I said, this was a substantial inquiry. We received more than 100 submissions of evidence. We held eight oral evidence sessions, to hear from every component part of the game. The Committee went on a number of visits. We went to Manchester City football club to see the huge investment that has taken place under its new owners. They have taken the club from the bottom levels to the top levels of the premier league. We went to Arsenal to see the Emirates stadium and to meet the management there. We held oral evidence sessions at Wembley stadium and Burnley football club. We also went to Germany. Looking at Germany’s model of licensing football clubs was a particularly influential part of our inquiry. It made quite an impact on the Committee.

I will not go through the whole report in detail, because many hon. Members are present and want to contribute and I hope that most of them have already read the report and are familiar with our findings.

[Paul Farrelly (Newcastle-under-Lyme) (Lab)]

Will the hon. Gentleman give way before he goes into the report?

[Mr Whittingdale]

I will of course give way to my colleague on the Committee.

[Paul Farrelly]

I apologise that I cannot stay for the whole debate because of constituency engagements. Does the Chairman of the Select Committee agree that the centrepiece of the report is the recommendation that the Football Association reassert its role as the sport’s ultimate governing body—in particular, through a licensing system, which he has just mentioned, and a modern, effective form of governance that would not allow, for example, the FA to be bounced into a naive renegotiation of the England manager’s contract as it was?

[Mr Whittingdale]

The hon. Gentleman—he is really a friend on the Committee—encapsulates the report in a couple of sentences very well. I am almost tempted to say that he has done my job for me and finished my speech. Yes, there is no question but that we felt that at the heart of the reforms that were necessary was the game’s governance structure: ultimately, the FA. I will go on to talk about that in more detail. I did not intend to talk at great length about the management of the England football team, although that is obviously a matter of great interest and debate today. I heard the Minister’s remarks during Culture, Media and Sport questions a few hours ago, and I entirely agreed with him. I am sure that the matter will crop up again during the debate.

Before I move to the report’s main recommendations, I want to pay tribute to three people. The first two were our expert advisers: Christine Oughton and Rick Parry, who provided enormously helpful experience and wise advice to the Committee. We relied a lot on their input throughout our inquiry.

The third person to whom I should pay tribute, particularly in a debate on football governance, is our late colleague on the Committee, Alan Keen. [Hon. Members: “Hear, hear.”] Alan was the senior member of the Committee. He was a member of it before I became Chairman. Football was his passion. He chaired the all-party group on football. He was very—I am tempted to say keen—eager that we should embark on this inquiry. It was a great sadness to us that, because of his illness, he was not able to play as great a part in the inquiry as he would have liked. He is certainly greatly missed. It is only right in a debate on football that we pay tribute to him.

Some people asked why the Committee was looking at football at all, because it is a huge success in many respects. The Premier League is probably the most successful in the world. It has an average attendance of 350,000 people each weekend and about 92% occupancy. The second league—the Football League—gets average attendances of 375,000. Some £2 billion of revenue comes into the Premier League. There is no question but that the top English clubs are watched not just throughout this country, but in almost every country in the world. It is hard to go into a bar in any country and not see a screen in the corner showing the premier league. To that extent, it is hugely successful. There were those who said, “In that case, why are you bothering to spend this time looking at it? Why don’t you go off and look at other things?” But we found that there was widespread concern about the underlying state of the game. That was felt right across football and among followers of football.

Despite the huge revenues that come in, very few clubs trade profitably. The main reason for that is the extraordinary amount of money paid out on players’ salaries. The consequence is that debt has become an enormous problem throughout the game. Debt kept coming up as one of the principal issues causing concern. More than half of Football League clubs have gone into administration at some stage since 1992, and all operate on very narrow margins. The net debt of the Premier League clubs is £2.6 billion. Some people would say that that in itself may not be a problem. Indeed, there will be clubs that operate with quite significant debt, but as long as they can service that debt and trade, it is not necessarily something that need be addressed immediately. However, there is no question but that the debt is a major issue. We were told by the chairman of the Football League, for instance, that it was the issue that kept him awake at night.

There is also concern about ownership, which is not wholly dissociated from the question of debt. That, too, was something that we considered. As the hon. Member for Newcastle-under-Lyme (Paul Farrelly) suggested, we decided that if we were to address the problem, the most important thing that needed to be tackled was governance. Therefore, we wanted to establish, right from the start—this may seem self-evident, but it was not necessarily self-evident—that the FA is the ruling body of football. The FA therefore needs to be reformed if we are to get this right.

Some years ago, Lord Burns produced an extremely good report, which made a number of recommendations for reform. When we heard from him, some of his recommendations had been accepted. They included the incorporation of the FA chairman and chief executive on to the FA board, but they were still waiting to bring on the two independent non-executive directors. Progress, I believe, has been made since then.

Terry Burns told us that, if anything, he felt that he had been too timid and that he would have liked to have gone further in involving non-executive directors. Indeed, we heard from one former chief executive of the FA that he wanted an entirely independent, non-executive FA board. We felt that that was not wholly realistic. We were also clear that, as in most corporate structures, the board needed to be relatively streamlined to be effective.

After some debate, we decided to recommend that the right size for the FA board was 10, and that it should include the chairman and chief executive of the FA, the two non-executives and two more of the FA executive directors—in particular, the director of football development. Alongside them, we decided that there should be two representatives of the professional game—presumably one from the Premier League and one from the Football League—and two representatives of the national game. Although we understood the reasons why others, such as supporters, players and managers, wanted representations, we felt that that could make the board unwieldy. Therefore, we felt that we had come up with the right composition.

At the same time, we also felt that there needed to be reform of the FA council, which is an extraordinary and enormous body. It dates back many years to include representatives from Oxford and Cambridge, the three separate services and the public schools, but very few representatives of players and people who actually watch football. We therefore felt that that was something that needed to be addressed. We were also slightly concerned that the meetings started at 11 o’clock and finished at lunchtime and that some of the members of the FA council seemed to have been there for 50 years or more. We felt that there was a need to address the composition of the council, the tenure of its membership and the form of its meetings. We felt very strongly that the council should be a parliament and not an executive decision-making body.

Once those governance reforms are in place, we will be able to move forward to tackle some of the underlying difficulties affecting the game. I have talked about debt, so the next is financial management. We welcomed the introduction of UEFA’s new financial fair play rules, which will affect those clubs that have ambitions to play in European matches. We felt that the principles underlying the financial fair play rules were absolutely right; they commanded a lot of support and should be applied throughout football.

One aspect of the financial management of clubs that caused considerable concern to the Committee was the football creditors’ rule. I have absolutely no doubt that my hon. Friend the Member for Folkestone and Hythe (Damian Collins) may talk about that a little more, because he particularly pursued that issue during our discussions. Although we could see the reasons why that rule was in place, we felt that it was unfair on creditors, as they were often small firms in local communities that had supported the local team. If that team gets into difficulty and goes into administration, they have to go to the back of the queue after all the football creditors before having their debts paid. We felt that that was unfair, and I am sure that my hon. Friend will say more about that.

One aspect that I have taken a long-standing interest in and that still creates significant potential difficulties is the ruling of the European Court on broadcasting rights and territorial sales, the full implications of which we are still waiting to see. It could have a very damaging effect and it is of concern not just to certain broadcasters, but to a large number of people involved in football.

As for how we enforce the financial fair play rules and the other necessary changes, we were impressed by what we saw in Germany. Germany has a licensing model and we saw how it was used to ensure that the clubs do not trade beyond their means for long periods. We saw how they were required to follow certain rules specified by the Bundesliga. We decided that if we were to achieve our changes, we needed a national licensing scheme. The best body to administer that is clearly the FA. Therefore, the other main thrust of our recommendations was that we should move to a licensing scheme under the FA, which should address issues such as the financial management of the game, the sale of stadiums, investment in youth development and all the other areas where, understandably, concerns have been raised. It could also address ownership.

Foreign ownership in the game is not necessarily a bad thing. After we saw what Sheikh Mansour had done in Manchester City, we could understand why the fans had great banners up saying, “Long live Sheikh Mansour”. However, there are others who are less committed to the development of clubs. We also felt that the fit and proper person test, which is necessary, had not always been as effective as it might have been. Indeed, we debated long and hard about what someone had to do to fail the fit and proper person test in English football.

[Mr Whittingdale]

The truth is there will be different regimes governing the ownership of football clubs. For this particular aspect, a slightly different regime should apply. I am not against the principle of foreign ownership. Just as I do not have a kneejerk response to foreign ownership in football, the same is true of the wider economy. To some extent, there are special factors, but I am not opposed to overseas ownership per se.

Let me pay one word of tribute. When the Committee visited Burnley FC, we were well entertained by the chairman of the club, Barry Kilby. In many ways, he represents all that is best about local ownership. He was a business man who had been successful in his community and had put back a huge amount into Burnley FC. His passion for the club was undoubted. Therefore, a strong local owner can bring great benefits.

[Paul Farrelly]

Will the Committee Chairman extend the same compliments to Peter Coates, who is chairman of Stoke City? The Chairman may be aware that I have been supporter of the club since I was five years old.

[Mr Whittingdale]

I am very happy to pay the same tribute to Peter Coates. As an aside, let me say that the rest of the Committee used to enjoy having a sweepstake on how long it would take the hon. Gentleman to mention Stoke City during our deliberations. I am glad that he has done so today.

The issue that I want to finish on is the one that we set out to address, which is that of supporter ownership and involvement. It is a crucial factor, and the Government are right to say that it should be encouraged. It is unrealistic to say that the top Premier League clubs are likely to be owned by their supporters, but there are some clubs lower down that are already supporter owned and more should be done to help supporters’ trusts that want to become owners. For example, there was some concern about the way the Financial Services and Markets Act 2000 operates. It causes difficulties for supporters, and we thought that the Government might address that. We thought that when supporters’ trusts have minority stakes, there might be some merit in giving them protection, so that if a club is acquired and the 90% threshold reached, they are not necessarily forced to give up their ownership to the new owner. There are several areas where we would like clubs if not formally to give a role to supporters, to involve them much more in decision making and with information.

One club that we visited, and whose supporters are extremely involved through the fanshare scheme, is Arsenal. When the Minister appeared before us, I raised the fact that Arsenal’s new owner had not then given a public commitment to support the fanshare scheme. My understanding is that he has still not done that, and I think the Minister said that he might encourage him to do so. That is an example of an active supporters’ organisation and how it can play a valuable role if the club ownership recognises it.

--- Later in debate ---

[Mr Don Foster (Bath) (LD)]

It is a pleasure to serve under your chairmanship, Mr Havard. I know that many hon. Members wish to speak, so I will try to be brief. I welcome equally the report by the Culture, Media and Sport Committee and the Government response. We should pay tribute to my hon. Friend the Minister. He has been robust in his criticism of football’s governance arrangements, and he has insisted on a response to those criticisms by the end of the month. I know he is confident that he will get a reply, and perhaps when he responds to the debate he will say what sort of content he expects that reply to contain.

We all accept that the English game is played to a very high standard, and we know that 8 million fans have already watched premiership games this season. Six premiership teams have taken part in the past 10 finals of the European championships, and we have fantastic football in this country. We cannot, however, say the same things about what takes place inside the boardroom, or the governance of the game, that we say about the quality of the playing. All too often, fans have to worry about issues such as debt and ownership, rather than performance on the pitch. Fans are losing out because of the ridiculously high price of a premiership season ticket, or because many of our top-flight clubs still do not have adequate facilities for disabled fans. Fans and clubs that want to introduce safe standing do not have the opportunity to do so, and many of the clubs that are lower in the league are in difficulty because they are obliged to adhere to ludicrously inappropriate rules such as those on transfer windows.

There is much to sort out. The predominant areas of concern expressed by the Committee were, quite rightly, those of money and governance.

[Paul Farrelly]

The right hon. Gentleman will appreciate the central role that football plays in communities because he is the Member for Bath, where rugby has a similar role. Does he agree that one key task for a governance regime in football is that of fostering a game where the finances are sustainable? People involved in the premiership, such as David Gill of Manchester United and Peter Coates of Stoke City, have broadly welcomed the thrust of the Committee’s report. It would therefore be surprising and disappointing if the FA, which has acted so decisively over the England captain and manager, did not welcome the reassertion of its role, and the means by which to do that.

[Mr Foster]

I hope the hon. Gentleman proves to be right and we will hear about the response on that issue that the Minister will receive. He is right to mention his concern for the sustainability of finance in football. As we heard from the Chair of the Committee, although debt has been declining, in the premiership it still stands at £2.6 billion. Some 68% of its income is being spent on players, rather than on other important things.

If we compare the premiership with the rest of European football, we discover that the English premiership has more than 50% of the debt held by all the leading clubs in Europe. Last season, the championship declared its highest ever debt at £133 million, and we know that it is spending about £4 for every £3 that it generates. That is not sustainable. It is vital to welcome UEFA’s proposals, and they will be implemented even though they will not affect all the clubs in this country. That is why the licensing proposals are so critical.

UEFA’s proposals are key. A report by Deloitte published today reflects much of what it said in its 2011 report, and points out that although there have been a lot of false dawns, the UEFA proposals may provide the key to moving forward and to financial sustainability. As it said in its 2011 report, however,

“the more things change, the more they stay the same. While football’s revenue performance has been spectacular, sustainably managing its costs remains football’s primary business challenge.”

That is a key issue that the Select Committee’s report and the UEFA proposals seek to address, which I welcome.

I also very much welcome the proposals from the Select Committee on governance of the game. It is right that the FA be the leading body for football in this country, and it must take charge of many of the deliberations that take place in the 14 different committees. It is ludicrous that so many of them report not to the board, but to the council. The key people making the decisions are therefore at a distance from the considerations of those various committees. The Select Committee was quite right to suggest that the board must be slimmed down. We should all welcome the moves to bring non-executives on to the board, but clearly more must be done to move forward and slim down.

Reform of the FA council itself is equally important. The Chair of the Select Committee has already made it clear how inappropriate the current arrangements are. I was interested in what Malcolm Clarke, the chairman of the Football Supporters’ Federation, said:

“It is impossible in a body of 118 people to have a critical challenge to the board about what it’s doing, partly because the decisions are long since passed and partly because of the sheer format of a body of that size.”

That echoes very much what the Chair of the Select Committee said, and it is crucial.

Rule 34 should be looked at again. The report fails to say very much about that and the remarks of the Chair of the Select Committee were perhaps slightly lacking for not mentioning it. Rule 34 makes it clear that football should be run like a not-for-profit company, with sport and football put before profit, and sadly I do not see that operating in spirit or to the letter.

Finally, licensing is critical. If we wish for a financially sustainable game, the UEFA rules will not cover all the clubs that concern us. The licensing proposal that the Select Committee and others have suggested is the way forward to ensure that similar rules on “fit and proper persons”, sustainability of finance and so on can be enshrined in a way that covers all the clubs in the game. I am particularly drawn, as the hon. Member for Liverpool, Walton (Steve Rotheram) is, to the recommendations of Supporters Direct on club licensing, which deserve to be looked at seriously.

My right hon. Friend the Deputy Prime Minister recently advocated the great benefits of the John Lewis model of running companies and employee share ownership, but with employee share ownership comes employee participation in governance. It seems vital that those who are key funders of the game have a much greater involvement in the governance of the game that they help to fund. There are real benefits to a stakeholder model of corporate governance, which is why Supporters Direct goes through the all the key things in its proposals, but also talks about how supporters can play a key role in the governance of individual clubs as part of the licensing proposal.

I said that I would try to be quick and I hope that I have been. This is an important report, but what will matter most is not what is in it or the Government’s response, but, critically, what the FA does with it. It must now get a grip on the governance and the finances of this crucial part of the culture of this country. So far, it has failed us. Let us hope that this time it will do something about it.

--- Later in debate ---

[Penny Mordaunt (Portsmouth North) (Con)]

My apologies to hon. Members. In addition to being the home of Fratton Park, Portsmouth is home to the surface fleet, and I am due to speak in the debate on Somalia.

I thank the Select Committee for an excellent report. Its conclusions are sound and its arrival timely. Portsmouth football club has been poorly served by its successive owners, and it is a prime example of why we need reform in football. It has been badly abused, but it is worth saving. Much has been said about the social value of the club.

I want to thank all hon. Members who have been helpful and supportive towards Portsmouth. At this time, we do not know what the future holds, but the grim situation is checked with a mass of good will, and the professional approach that the supporters’ trust and the fans are taking in response. Our club has a future, and for the first time it has a well-run supporters’ trust that is keen to have a financial stake as well as a governance foothold in the club.

At the end of last year, I sat down with members of the trust and listened to their frustrations. Despite being able to lever considerable funds, they could not get access to the financial information of the club or see the administrator. On my quick and dirty maths, they were being asked to demonstrate that they had access to funds five times the amount that the club was worth before they could even start a dialogue. They have managed to talk to the administrator, but they are still not being taken seriously. The administrator has even gone to Portsmouth city council, which we all know does not have deep pockets, to ask for help, yet they are ignoring the community, which can demonstrate that it has considerable funds. That illustrates the considerable culture shift that is needed, and that I hope the report will help.

Given that it is in everyone’s interests that Portsmouth is sold to new owners—ideally, in my book, to a coalition of businesses and supporters who are genuinely interested in Pompey—it is a frustration to me that the dialogue that would make that outcome more likely is being frustrated. Today, I hope we can send a clear message to all those who hold sway over a club’s future, especially administrators and Her Majesty’s Revenue and Customs, that this Parliament wants everything that can be done to ensure that the businesses survive. We would want that for any business, and I am sure that many of us in this Chamber have gone in to bat for businesses and individuals to sort out their tax affairs. We should not shy away from doing the same for football clubs. I also argue that these businesses are a special case. The point that I made to the Prime Minister last week was that if a supermarket folds, someone can go and buy their carrots elsewhere. If Portsmouth goes under, the fans will not be content with buying their season tickets from another club.

We also need to recognise the social value of clubs. The Portsmouth study centre is an award-winning education facility and it was a pilot site for the national citizenship programme. Its health outreach programmes are also exceptional in a city that has poor health and education outcomes. Add to this the community cohesion, the bridge it creates between generations and the sense of place and identity that it brings and we soon realise the impact that its absence will have.

There is, however, reason for optimism. I congratulate Pompey fans on recently forming the Portsmouth Supporters Trust, and on the unity they have shown in pushing for a greater role in the governance of their beloved club. I have been struck by their professionalism—ably supported by the wonderful Supporters Direct— their knowledge and how they have conducted themselves. There should be no concerns about their ability to respect confidentiality and develop a bid, and reassuringly they are considering several scenarios on how they can contribute to Portsmouth’s survival, including a community buy-out. Time and a level playing field are needed if the fans are to contribute, and I am sure that the report will go a long way to creating the latter. The report contains both practical measures for a more pragmatic approach to such a crisis, and measures to prevent one from happening in the first place.

I know that Pompey fans would want me to mention the appalling fit and proper person test, which has so badly let them down.

[Paul Farrelly]

I am making brief interventions in lieu of a speech. I am sorry, Mr Chairman.

[Mr Dai Havard (in the Chair)]

You will get pinged if necessary, Mr Farrelly.

[Paul Farrelly]

Does the hon. Lady agree that Portsmouth is the most recent case in point in which a licensing model that applied a rigorous “fit and proper” test would have produced a wholly different outcome? The Football Association could use its licensing power to encourage not only the formation of supporters’ trusts, but their access to administrators, by making it clear that it is most likely to favour bids that involve registered supporter organisations.