Football Governance Bill

Shaun Bailey Excerpts

2nd reading
Tuesday 23rd April 2024 Commons Chamber

[Shaun Bailey (West Bromwich West) (Con)]

It is great to be able to contribute to this debate, because although they say the Black Country was built on coal and metal, we were also built on football. I straddle the two clubs at the heart of the Black Country derby—namely, West Bromwich Albion and Wolverhampton Wanderers.

This is a pertinent Bill and a pertinent debate for my communities in the Black Country. We went through absolute hell with the financially precarious situation surrounding West Bromwich Albion. At one point, the club was having to borrow £20 million just to keep the lights on. An independent regulator stepping in to ensure ultimately that fans of football clubs—cherished parts of the community—can keep that club and that entity there, can enable that sustainability and can put these people, who are often behind the scenes, under the cosh and under scrutiny is absolutely the right way forward.

I commend the Under-Secretary of State for Culture, Media and Sport, my right hon. Friend the Member for Pudsey (Stuart Andrew), for his work on the Bill, and my hon. Friend the Member for Chatham and Aylesford (Dame Tracey Crouch), who has been an absolute champion in this space. She should be so proud of what she has achieved; the Bill is a real testament to her work.

We have covered a plethora of issues in the debate, not least the football pyramid. What I perceive at times is the inequity of the system we have got. I deal a lot with fantastic grassroots football clubs, which many Members have talked about. Sometimes the narrative and discourse about the need for regulation involves a top-down approach, and of course we must highlight the important work that our premier league clubs do, but let us not forget that the pipeline to many of those clubs is first and foremost through grassroots football, which a lot of the players we talk about—those stars and talents—come through. My fantastic local football clubs, such as Tipton Town football club in my constituency, constantly share their frustration that they are ignored, left out or put under ridiculous burdens that they often have to meet without resources.

Everyone has touched on the replay issue. I say to my right hon. Friend the Minister that it is a complete kick in the teeth, particularly for clubs that are further down the pyramid and rely on the revenue from getting people through the gate. Again, it just seems that the FA is only listening in its echo chamber, quite frankly.

[Dr Luke Evans]

The Government have a tricky line to tread in ensuring that football is independent and adheres to UEFA and FIFA rules on Government interference. On FA cup replays, does my hon. Friend believe that there is a role for a reconsideration mechanism, so that Government can bounce the decision back to the regulator and ask, “Have you potentially got this wrong, and will you think again?”

[Shaun Bailey]

My hon. Friend is almost asking for a replay of the replay—that is sort of where the question is. I get the point that he is trying to make about balance and the fine-line argument on Government interference. The point has been made quite strongly, as we have all seen—the FA’s own survey found that 70% of fans wanted to retain replays—and with that level of public pressure, there is a role for the Government in facilitating the pressure on the FA. I think that that is the point that he is hammering down on, although obviously the FA must ultimately be independent.

[Rehman Chishti (Gillingham and Rainham) (Con)]

I represent Gillingham, which has an amazing football club: the Gills. The club was in administration in 1995 and was bought for £1 by the then chairman, Paul Scally. Now it is doing exceptionally well and going up the league, but it is a small club and it relies on FA cup replays. If we are really passionate about supporting smaller clubs in the community, and about ensuring that the FA does the right thing by supporting them, we need the Government to work with the FA to ensure that we get this right.

--- Later in debate ---

[Shaun Bailey]

Just like my hon. Friend’s club, Tipton Town in my constituency got through on FA cup replays and benefited from that opportunity. The fact that so many Members have voiced that concern, as he has done so eloquently, highlights the strength of feeling about it.

Let me move away from that issue to look at the Bill operationally. I welcome the licensing regime; the provisional and permanent licences are a pragmatic way to do things. I will be interested in seeing, in Committee and in the secondary legislation that follows the Bill, the detail of the regime. I appreciate that there is quite often flexibility and gaps in primary legislation to allow for a more pragmatic approach, but it is important to ensure that we build structures for fan consent and support so that clubs are doing things properly, particularly when it comes to moving stadiums and grounds. That will be a really important thing for us to work on to ensure that when the legislation is implemented, it is done in such a way that people cannot circumvent and dodge its intentions, as so often happens with such legislation.

In supporting the Bill, I want to touch on the important community impact that many Members have highlighted. At the core of this Second Reading debate are the principles behind the Bill and the importance of what it seeks to achieve. My nearest club, West Bromwich Albion, does fantastic community work through the Albion Foundation. It was a pleasure to meet its representatives only a few weeks ago, and to see that the legend that is Blind Dave Heeley received an award at the EFL Awards. Dave has raised £3 million on his own for the Albion Foundation to support vulnerable people in our communities to get into sport. I am proud to support the Albion Foundation’s six town strategy in Sandwell to reach out to communities that often are disconnected and ensure that they benefit from the positives of football. Without that important financial stability, which the Bill tries to ensure through its regulatory structures and regimes, organisations like the Albion Foundation would not be able to do their work.

I want to touch on the issues of West Bromwich Albion. To be quite frank, the previous owner used the club as a piggybank, borrowing money from the club to take it elsewhere. That is not on. It is an example of someone who does not love their football club and has no understanding of the emotional attachment that a community such as mine has to it. The Bill’s transparency provisions try to stop that. We must also ensure that the corporate structures surrounding that work too. We cannot have shady or opaque ownership structures, such as what we saw with West Bromwich Albion—I am glad to say, no more—which enabled a situation like that to occur. I pay tribute to the fantastic Action for Albion group, which did amazing work to highlight the club’s issues, and fought tooth and nail for the club. Down to its work, we were able to save the club and ensure its future longevity. No politician can take credit for the work of Action for Albion; it was a truly community-led campaign to safeguard our club.

I am conscious of the time I have remaining, and I do not want to be too repetitive. I have a few asks of the Minister, which I am sure he will really appreciate. We talk of the pyramid model, which I like to refer to as aspirational. Can he ensure that, as we build out some of the requirements, clubs further up the pyramid will not have in-built advantages over clubs further down, particularly given some of the disclosure and paperwork requirements? The clubs higher up can afford savvy lawyers who can try to get around those requirements, but the clubs further down cannot necessarily do that, particularly if they are having a meteoric rise up through the league, as some have in recent years. We need to ensure that there is no disparity. I appreciate that financial provisions are in place for that, but we need to ensure that the requirement is not too onerous. I highlight to the Minister the need to ensure that consultation is meaningful—not just for the sake of it—and that the relevant structures are built in.

I support this Bill; it is the right thing. It is what communities like mine in the Black Country—football is at the heart of who they are—have been calling for. It is now imperative that as we build out the Bill, we get it right operationally. I commend the Minister for his work on it.

Football Governance Bill (Second sitting)

Shaun Bailey Excerpts

Committee stage
Tuesday 14th May 2024 Public Bill Committees

[Stephanie Peacock]

Q I am aware of the time, because I know others want to come in, and I think that you have touched on what I am going to ask. Could you share with the Committee the sort of connection that your club has to the local community and fans and how important it is that your club listens to fans? Indeed, how does it carry out that listening?

Steve Thompson: We have a fan representative on our board; the season ticket members elect a representative on our board, so I hope that we try to be in tune. We have at least two fans’ forums, where anybody is invited along and they can ask questions of me and of the manager. But at a small club, you are walking around the ground and the bars before and after the game and talking to people, and if there is a problem, they soon come up and tell you.

Darryl Eales: Similarly at my end, we have a monthly meeting with the SMSA—Solihull Moors Supporters Association—and we work very closely with them. From a personal perspective—this is just me—I go for a beer before every game, both home and away, with the fans in the bar, exactly as Steve says, because people will pick up on their concerns. From a community perspective, we run about 65 youth and junior teams; every weekend, they are running around in Solihull Moors shirts.

[Shaun Bailey (West Bromwich West) (Con)]

Q I want to touch more on the point about the proportionality of the Bill. I am looking at the part 5 duties. Do you think that this strikes a balance between regulating clubs like yours and making sure there is a framework, and allowing you to run your clubs in the way you need to? Darryl, if we take Solihull Moors as an example, you are a club that has come out of a merger, effectively, with other clubs and you have had to be agile in how you have done that. If you look at the journey you guys have been on, how do you think that you would have been impacted if this framework had been in place at the time?

Darryl Eales: The interesting thing for me is that the Bill does nail a few points that are very, very important from my perspective. The stadium and the club should be umbilically linked. There should be, for every club, something that prevents owners from separating out the ownership. In our division this year, Gateshead did not make the play-offs, because they did not have tenure of their ground. To me, that seems to be fundamental. Where I echo Steve is that I think there are an awful lot of information requirements in the Bill. When I talk about proportionality, the reality of life at our level is that it will be us doing those things, and without being too rude, I have better things to do with my life than fill in forms.

[Damian Collins (Folkestone and Hythe) (Con)]

Q I was interested in what you said about artificial pitches, Mr Thompson, because in my constituency I have Folkestone Invicta, in the Isthmian League. From what I can see, the Bromley FC model is the sort of model, from a financial sustainability point of view, that a lot of clubs in tiers five, six and seven should be following, because you have not only community use, but paid use of the site every day of the week, rather than a match every fortnight. Do you think that this should be looked at as part of a sustainability issue rather than a football competition issue? Actually, the sustainability of clubs going up into the Football League might necessitate that they have those sorts of facilities, which they monetise throughout the year, and their removal is not just a flat cost but something that compromises their commercial performance across the board.

Steve Thompson: Sutton United are a prime example from a couple of years ago. They went up and had to dig up their pitch. It was very much part of their community and their academy structure. Bromley are in the slightly fortunate position in that they have some land behind the stadium, where they are going to transfer the artificial pitch to, but it will still cost them several hundred thousand pounds. The annoying thing is that Sutton played Arsenal in the FA cup a couple of years back, and Arsenal, who are in the Premier League, happily and readily played on Sutton’s artificial pitch when they were at the National League side—no complaints. Every year, EFL clubs in the FA cup will play on artificial pitches, so that does not seem logical.

There are some arguments about how good the football is on such pitches and things like that, but the majority of young players at the top level now are coming through the EPPP—elite player performance plan—academies, and they all play on artificial pitches. It does not make sense. We have had this happen to four clubs in the past few years, and it is stopping other clubs that have the ambition to be promoted considering putting down an artificial pitch. That might help their community and their academies, but they think, “We can’t do that, because we can’t afford to put it in and then dig it up again.” Supporters are almost turning around and asking, “What’s your ambition?” The ambition of most clubs is to win their league, whatever league they are in, and to go forward.

That brings up another thing about academies at our level, and making certain that clubs at our level get the proper compensation for players that they have developed. At the moment, there is not that—National League clubs are not allowed to register a 16-year-old. Such things are not addressed in the Bill. Whether they should be, I do not know.

Football Governance Bill (Third sitting)

Shaun Bailey Excerpts

Committee stage
Thursday 16th May 2024 Public Bill Committees

[Rachel Hopkins]

Q You have talked about culture, and there is a role for transparency in that. Building on some of the things you have said, do you believe it is important for clubs to be transparent about diversity in their own organisations?

Sanjay Bhandari: After the Government’s response in September 2023 to Dame Tracey Crouch’s excellent review, we said that football needed to do three things. One was that EDI requirements should be incorporated into the club licensing system via the code for governance. It kind of appears that they now will be, although the wording is slightly ambiguous and probably could benefit from being clarified in schedule 5.

Secondly, we said that the processes for recruiting the leadership of the IFR should adopt best practice on inclusion. Again, there is some slightly ambiguous wording in relation to the recruitment of the CEO, which could benefit from being clarified.

The third one was that the requirements in the code for football governance should include, along with other requirements, significant mandatory data transparency reporting on representation, recruitment, progression and cases of discrimination. Transparency is the greatest disinfectant. Clubs are often collecting all this data for the Premier League equality standard or the EFL code, but they are not publishing it, so no one can hold them to account on it. We are asking for consistency and transparency.

I will give an example of where it goes very wrong. There are currently between 200 and 300 mechanisms for reporting discrimination incidents in English football. Those are 200 to 300 orphaned databases of information that do not speak to each other. We probably run the biggest reporting app. I have been banging my head against a brick wall for five years asking for insight from that data to be able to say, “What are the root causes? What are the outcomes of those incidents?” Then we can we create data-driven policy interventions, but we have not been able to get the clubs to agree to share the data.

From the clubs’ perspective, and I suppose often very legitimately, they think that data privacy is a worry. I do not share those concerns in the same way; I think there are exemptions that allow it. Fans have done their bit and said what they want. They are not tolerating discrimination. If we do not listen to them, we are doing them a disservice. Football needs to do its bit, and if it cannot volunteer to do that, an independent regulator can certainly cut through and help to create the exemptions to get that data sharing. Then we can start addressing the root causes of some of these incidents.

[Shaun Bailey (West Bromwich West) (Con)]

Q I want to touch on the senior managers regime that the Bill effectively tries to create. You will know the importance of that from your professional background, particularly in a financial services setting. There are two points to this question. First, how do we ensure that we are not, with this Bill, effectively turning football into something run by a bunch of chaps not necessarily connected in the way we need them to be, because we prohibit people coming through from grassroots who understand the clubs and know what they are doing?

My second point is on D&I, which has obviously been really important, particularly in the financial services space. Do you think there comes a point, which perhaps could be addressed in the Bill, at which there is not just a proactive obligation but maybe even a penalty system? It could be that if your club is not meeting those standards because of incidents like those you have highlighted, you as a senior manager become accountable, just as you would in a professional setting elsewhere.

Sanjay Bhandari: There is an answer in principle and an answer in practice. The answer in principle is that there should always be a sliding scale of sanctions, depending on the degree of the harm being caused. Whenever we are in any kind of regulatory or law enforcement regime and create sanctions frameworks, we reflect not just the offence itself, but the offender, the nature of the offence that has been committed, and whether it is persistent or egregious. You need to have that sliding scale. In reality, it will be relatively rare where you get to that point of actually sanctioning an individual. There might be rare occasions, but I think they will be highly unusual cases.

--- Later in debate ---

[Shaun Bailey]

Q I want to dovetail back to the point about effective consultation. The Bill touches on it, but it varies. We had the example about ticket prices and people basically being told, “This is what your price is going to be.” How do you think that consultation could be strengthened? Do you think that there needs to be a more prescriptive approach whereby clubs are told, “This is what consultation is. If you do this, you’re in breach. You can’t do what you want to do”? Do you think that the delivery channel for that more formally —it does seem to vary—needs to be supporters’ trusts? Do you see fan representation as the conduit for it? And how do you balance that with the corporate identity of a lot of these clubs? I appreciate that there are three prongs to that question, but I am keen to get your insights.

Tim Payton: It is a very good question. I think the regulator must have some means of acting a bit like an Ofsted, or there must be a check and balance whereby supporter trusts and other organisations can go and say they do not feel the consultation is being effective, but of course, you do not want to reach that stage. You want effective consultation, so let us work with the IFR and the clubs to come up with a framework. I think we all know what good consultation looks like. As I set out, you announce your proposals; you talk to the affected parties; and then, at the end of the process, you have to write up and explain where you have got to. But it will be important that the regulator has some real teeth to enforce that on clubs, because it will be about changing a culture that is very much one where clubs say, “We’re going to do what we want to do, and you’re so loyal and committed to us that you will suck it up whatever we do.”

Alistair Jones: We are in a fortunate position at my club, because we have had really good dialogue and communication. My club is an outstanding example of what can be achieved if you sit down at a table in a room and discuss what we both want, given what we share, which is the love of our football club. From our point of view—speaking selfishly—we already have that at West Brom. We have a really good dialogue. The issue is, of course, that every club is different, as we have intimated before, so I think the regulator has to set out some guidelines as to what can be done with regard to ticket pricing, fan entertainment or anything to do with fan engagement.

[Shaun Bailey]

Q I assume that this could be done through leveraging best practice as well. You have just given the example of the Albion and how you guys are doing it—the relationship there.

Alistair Jones: We campaigned and tried to get answers, and credit to them: they did provide that over a certain amount of time. Once we got to the table, they recognised that we are only here to help. The members of every independent supporters’ trust that I have sat down with volunteer because they love the football club; they do not do it for kudos.

Tim Payton: Of course, if you have the independent non-executive director there, you have a different check and balance, because the INED follows the corporate governance code and would be making sure that effective consultation was happening from a different perspective, but over-layering with whatever the IFR does.

Sarah Turner: Formalising how that engagement looks would be a really good idea, because as you say, people look at it in a different way. Anything that goes forward and that listens to fans and gives them that forum to have their opinions heard has to be a good thing.

[The Chair]

There are a few more minutes, if anybody would like to come back in.