PARLIAMENTARY DEBATE
Football Governance - 25 April 2022 (Commons/Commons Chamber)
Debate Detail
This might just be a lesson for the Government to stop being discourteous. Think about the people who get elected—those on both sides of the House. I do not blame the Minister, as I know that Downing Street loves getting these messages out on a Sunday night, but why has it not recognised that even the Prime Minister is a Member of this House? It might be good for us all to hear things first. As I say, the hon. Member for Chatham and Aylesford would not normally be given extra time, but I reassure her and the House that more time will be given to her.
First, I thank my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) for all her hard work, and indeed I thank the entire panel for their diligence on the review. I also thank colleagues from across the House and all stakeholders who have debated these matters at length—in many cases for a number of years. Most importantly, I want to thank the dozens of clubs and thousands of football fans from across the country who contributed to the review. They sit at the heart of the review and our response to it.
Football is a defining part of our national identity and has been a central part of British life for over a century. English football has had some extraordinary success. Our premier league has grown to become the most watched sports league in the world. However, good governance of our clubs has not kept pace with that expansion and development. The football pyramid has come under threat in recent times, with clubs risking collapse. Many fans have felt alienated from their clubs. It is obvious that reform is needed to keep our national game alive and thriving.
The Government have already taken strong action to support the reform of football. This includes financial support to help clubs through the pandemic, and amendments to competition law to provide financial stability to English football. We also committed to undertaking a review of football governance in our manifesto—a review led by fans, for fans, to protect the future of professional football in this country. In late November, the independent fan-led review of football governance published its report. I am today pleased to announce the publication of the Government’s response to that report. Our response acknowledges the clear case for reform and sets out our approach to moving forward. It marks a significant step in protecting our national game. Today, I am confirming that the Government will introduce an independent regulator for football, in law, as part of a wider plan for reform. An independent regulator is just one of 10 strategic recommendations set out in the report. I am pleased to say that the Government will endorse all of the review’s strategic recommendations. Some are for the Government to implement, and some are for the football authorities to take forward. We expect them to take action, too.
As well as surveying thousands of fans directly, the review benefited from over 100 hours of engagement, involving representatives of over 130 clubs. This all built a clear picture of the challenges in the game. The review, and our response, are for the fans who make our national game what it is, and without whom football would be nothing. To coincide with the response, we are also publishing the findings of a Government-commissioned study by academics and football finance experts Kieran Maguire and Christina Philippou. Their analysis confirms that there is a widespread issue of fragile finances across English football clubs, and that action is needed to secure the sustainability of the game.
The sum total of our plans amounts to significant reform. In our response, we are committing to publishing a White Paper in the summer, which will set out further details of the implementation of this reform. Through a new financial regulation regime, the regulator will usher in a new era of financial competency and sustainability for our clubs. We also recognise that who runs our football clubs goes hand in hand with how they are run, so the regulator will establish a new owners and directors test, replacing the three existing tests, in order to ensure that only good custodians and qualified directors can run these vital community assets. The strengthened test will include a new integrity test. Recent events have shown the importance of our having confidence in the custodians of our football clubs.
Fans have a crucial role to play in the future of football in this country, and for that reason we believe that fans should be properly consulted by their clubs on key decisions. The regulator will therefore set a licence condition that sets out a minimum level of fan engagement to ensure that clubs are meaningfully engaging fans. We also acknowledge the crucial role that football clubs play in the identity of this country, particularly in the communities that are so intrinsically linked with their local team. The stadium, colours and badge are an integral part of that. We therefore believe that they should have additional protections. That includes a mechanism requiring fans to consent before any changes are made to those key items.
Our manifesto commitment was instigated by the financial jeopardy that so many clubs were being pushed into. The long-term health of professional football in this country is dependent on fairer distributions throughout the football pyramid. That is why we agree that the Premier League should strengthen its support across the football pyramid. We expect further action from the football authorities on this important recommendation. If they do not come to an agreement on financial flows through the pyramid, we reserve the right for the regulator to have powers in this area.
Football also needs to ensure that there is a clear and supportive pathway for players. That is why we agree with the recommendation that the welfare of players exiting the game needs to be better protected. I have asked the football authorities to act with urgency on that matter.
Taking forward those recommendations and securing the future of football is a key priority of this Government, but that priority stretches beyond Government. The review contains actions specifically for the Football Association, the Premier League, the English Football League and the Professional Footballers’ Association, on which we expect to see action, without waiting for Government legislation.
The majority of the review looked at issues related to the men’s game. Women’s football has gone from strength to strength over the past few years, with a record number of tickets sold for this year’s European women’s championship to be hosted here in England. The Government have shown that we are right behind women’s sport in every aspect, so we will launch a dedicated review of women’s football in this country.
As well as the women’s football review, I am pleased to confirm that the FIFA women’s World cup and UEFA European women’s championship finals will be added to the listed events regime. As a result, the tournaments will continue to be available to free-to-air television broadcasters, hopefully inspiring the next generation of Lucy Bronzes and Ellen Whites.
The changes that we have set out represent a real turning point for football and will have a considerable impact on clubs. It is crucial that we get this right to give confidence to fans and future investors. That is why we will set out further details on how reforms will be implemented in a White Paper in the summer, and we are committed to legislating to make football reform a reality. We will implement the reforms as soon as possible.
We are paving the way for a more sustainable, accountable and responsible future for football—one that ensures that fans are front and centre of our national game. I commend this statement to the House.
I welcome the confirmation that the Government are supporting the strategic recommendations of the fan-led review. Labour has been calling for the plans to be fully implemented ever since the review was published and, in particular, for the independent regulator for English football, which is key to reform. But however the Government try to spin it, today’s announcement of a White Paper and further delay will come as a disappointment to fans.
The fan-led review was a rigorous and wide-ranging piece of work, based on engagement with every possible interest group alongside more than 20,000 individual fan responses to a survey, and supported by an expert advisory panel from the world of football. As the Under-Secretary of State for Digital, Culture, Media and Sport, the hon. Member for Croydon South (Chris Philp), rightly said when doing the media rounds this morning,
“there has been huge input from fans up and down the country”.
Eleven years after the Culture, Media and Sport Committee report, three years after the collapse of Bury, a year after the disastrous European super league proposal and five months after the publication of the fan-led review, we do not need further consultation or a road map. We need a clear timetable and new legislation to be included in the Queen’s Speech in 15 days’ time.
The need for urgent action is clear. Oldham Athletic were relegated from the English football league on Saturday after years of mismanagement ending in fan protests. Derby County are in ongoing crisis and were relegated from the championship this week—not because the players are not good enough, but because of bad owner management and governance. Those two historic clubs, founding members of the premier and football leagues respectively, have been hit hard because of reckless owners.
In the wake of the Ukraine war and sanctions, Chelsea are in limbo. Many supporters want the review recommendations to be incorporated in the club’s sale. The Government are missing an opportunity to embed fan representation, as recommended in the review, and give supporters a say on changes to the heritage assets of their club.
The Minister’s statement, although welcome, left some questions unanswered. The Minister could not rule out to the Select Committee recently that a regulator might be located within the FA. Can he do so now? We believe that it is vital for the regulator to be truly independent.
The statement confirmed that the Government are accepting all 10 of the strategic recommendations. That is good, but can the Minister confirm that the Government support the 47 detailed recommendations in the report? Perhaps more importantly, are there any that they do not support?
The announcement today will do nothing to break the impasse on the redistribution of funding. The fan-led review gave the Premier League and the EFL until the end of 2021 to work it out between them, but that has not happened: the bodies have not been able to come to an agreement for months. If they fail, the review proposes action from the regulator, but on the current timescale—unless the Minister can tell me otherwise—a regulator will not be in place until at least 2024. At what point will he intervene urgently to get the Premier League and the EFL to an agreement?
The dedicated review of women’s football, which was an important recommendation in the review, is really welcome. Can the Minister give any more detail on who will chair it, what timescale it might follow and how its recommendations will be taken forward in due course?
The Government have said all along, quite rightly, that they accept in principle the proposals in the review, so let us get on with it. We are already too late for Bury, Derby and Oldham. If further clubs go under or suffer because of delays to the implementation of the review, responsibility will rest partly on the Government’s shoulders. The Labour party is happy to work with the Government to find space for legislation sooner rather than later. The right result is already clear; we do not need extra time. For the future of our national game, let us see legislation in the Queen’s Speech and action as quickly as possible.
There is a clear cross-party intent to move forward. I can say definitely to the hon. Gentleman that there is no intent to delay: we want to move forward as soon as possible. A White Paper is not an unusual step to take in bringing legislation to the House. It will also give others the opportunity to make additional comments as we move to the final stages of what is one of the most fundamental transformations in English football.
It is important that we get this right. It is incredibly complex: we will be bringing in incredible rigour and discipline, particularly financial discipline, for clubs, which has not happened before. If we were expected to bring in regulation tomorrow, it could cause considerable difficulty for clubs that may not currently be in a position to prove the level of discipline and rigour in their finances that we would seek in a new world with more financial regulation. We have to do it at the right time and give adequate notice. That being said, we want to move at speed, and the team at DDCMS are all working on many of the aspects that the hon. Gentleman raises.
On many of the hon. Gentleman’s points, further details will be coming in the White Paper. In the next few weeks, we will also announce further details on the review of the women’s game; the game has some similar issues but many different issues, so it is right that there is a separate review. We will continue to put pressure on the Premier League and others to move forward in the many areas that the hon. Gentleman identified that do not require regulation. For example, we expect many entities to move forward in the areas of financial distribution, fan engagement and heritage assets. Football entities can continue to move those matters forward, and I am sure that the whole House will continue to bring pressure on them to do so. I thank the hon. Gentleman for his genuinely constructive comments and welcome the overall support that we are hearing from the Opposition.
With great community clubs such as Buckhurst Hill and Epping Town in your constituency, Madam Deputy Speaker, I know that you share the concerns and thoughts of many colleagues. I will not test your patience; I will take just a minute or so, because I recognise that hon. Members have a lot to say and I know that I will be having a meeting with the Minister to go through some of the detail of the report.
Regardless of any result on the pitch over the weekend, today is a good day for football fans. There has long been concern about the regulation and governance of football clubs throughout the English football pyramid, much of which has come on the back of various crises that in some cases have seen the disintegration of clubs as a result of financial mismanagement. That led to the fan-led review of football, which I was privileged to chair.
I am enormously pleased that the Government have accepted, or support, all 10 strategic recommendations set out in the review, including the fundamental proposal to establish an independent regulator free from the vested and conflicted interests that currently govern the game. It is perfectly possible to celebrate the global success of English football while at the same time having deep concerns about the fragility of the wider foundations of the game. The implementation of better regulation, stronger governance and more involvement for fans will not threaten the success of our game, but will make it stronger than ever.
All that said, I am concerned about the timeframe for implementation, and—with your indulgence, Madam Deputy Speaker—seek clarity on a few points.
Will the Minister confirm that the White Paper will be published this side of the summer recess? “Summer” can mean a lot of things in Government parlance, including, quite often, what we, the public, think of as autumn. Will the Minister rule out the housing of the independent regulator in the FA? Can he clarify whether the owners’ and directors’ test will be split into two, as recommended in the review? Does he share my disappointment that there has been no progress in respect of discussions between the football authorities on redistribution and parachute payments? Will he outline his position on the transfer solidarity levy? Finally, the review was clear about the fact that fans should have a right of consent as part of the golden share on heritage items, but the Government’s response was less clear in that regard. Will the Minister confirm that there will be a veto for fans on heritage matters?
There is much in today’s announcement on which to congratulate the Government, and I pay particular tribute to the officials who have worked so hard on this response. Momentum is on the side of reform, but, like most football fans, I am always fearful of two things: one-nil score lines with time to play, and games that head into extra time. Given that both football and politics can be volatile and vulnerable to sudden change, I urge the Government to nail the win for millions of fans across the pyramid, and deliver the reforms as quickly as possible.
My hon. Friend was right to draw attention to the complexities involved. I completely understand the potential frustration over the timing of implementation, but, as I said to the hon. Member for Manchester, Withington (Jeff Smith), this is a complex process. However, we will be producing a White Paper, and we will be outlining further details shortly. I note my hon. Friend’s comments about the definition of “summer”, and I will put the pressure on in order to bring back further information as soon as possible.
I think that in her report my hon. Friend left open the possibility of the FA’s being a home for the regulator at some time in the future. We explicitly did not rule in or out any individual entity, but there will clearly be requirements in terms of the scope, responsibilities, duties and purpose of the regulator, and it is therefore highly likely that some entities will be eligible and others will not. I shall be able to comment on that in due course, in particular to the Select Committee. Many members of that Committee, and indeed many Members of the House, have expressly said that they would not like the FA to take on those responsibilities, although it will obviously continue to have other responsibilities.
My hon. Friend referred to financial redistributions. The Secretary of State and I had meetings with Rick Parry of the English Football League and Richard Masters of the Premier League just last week, when we reiterated the need for them to reach some agreement as a matter of urgency. As per my hon. Friend’s recommendation, if they do not do so we will act, and we expect to see action before the White Paper is released in the summer. We are hoping to see movement, but if there is no movement, dealing with that will be another role for the regulator.
There will indeed be licensing conditions in these areas, including conditions relating to fan engagement and to heritage assets. The precise nature of those will be determined, and could vary depending on the league and the level in the club. We do not want to be too prescriptive at this point.
I look forward to engaging with my hon. Friend on many occasions in the coming weeks.
Both teams aspire to become league clubs, which would be absolutely huge for football in Warrington, but media reports suggest that the Government plan to leave the redistribution of wealth throughout the football pyramid to the football authorities, rather than implementing the review’s recommendation for a solidarity transfer levy. Given that, after months, the Premier League and the EFL have not been able to agree on this recommendation, will the Minister personally intervene to secure a solution rather than waiting for action from a regulator that does not yet exist?
I repeat that the Secretary of State and I have already had conversations with the Premier League and the EFL, and we have requested that they work together to try to find a solution on redistribution. If they do not come to a conclusion, we reserve the right for that to be part of the regulator’s responsibilities. I make it clear that there will be changes to financial distribution. It is a matter of when and exactly how, but it will happen.
I also extend my congratulations to Forest Green Rovers, who were promoted to League One this weekend. There are some very happy local fans, and fan engagement has been crucial to getting to this point and to influencing the review’s recommendations. Will football fans be able to comment further and be heard ahead of the legislation coming before the House?
The review was published in November, and we welcome the announcement of an independent regulator, but the list of failures, points deductions and relegations grows. The English Football League’s clubs are laden with debt and outspending receipts on players’ wages, and the FA is in hock to the Premier League and is paralysed by self-interest and sectional interests. Why the delay? The fans of many clubs want to know. When we say “act now”, we mean: bring forward a Bill that can be discussed in Parliament in the next Session. The review included significant consultation, so why delay any further? Such a delay has the potential to allow more horses to bolt and again it might be too late to close stable doors. Let me add that Gateshead play away to Chorley next Monday, hoping to clinch the national league north title.
For all of us who want to see fan engagement embedded in the game, there will be real concern about the Government’s delay. Will the Minister reassure fans that in the time we are waiting for legislation, vested interests will not have Ministers’ ears, and that we will see the implementation of all the recommendations in the fan-led review?
I share the concerns about the delay, but I also have a question to ask on behalf of my right hon. Friend the Member for Ashton-under-Lyne (Angela Rayner) and my hon. Friend the Member for Oldham West and Royton (Jim McMahon). Can the Minister be more specific about how long it will take to reverse the position of wealth sitting at the top of football and failing to be redistributed down to the lower leagues, and of allowing rogue owners to use clubs as their personal playthings?
Having recently joined the hon. Member for Chatham and Aylesford (Tracey Crouch) on the pitch against the Afghan women’s football team, may I say what a great team player she is, and praise her for her excellent report? I support the report’s call for a new code for football club governance. Will the Minister ensure that such a code will apply to all clubs and include additional minimum requirements relating to directors, equality and diversity, fan engagement, welfare, and stewardship?
I know you will be concerned, Madam Deputy Speaker, given historical injustices in the world of football, that women should not be made to wait a moment longer than necessary. Further to the answer given to my hon. Friend the Member for Bristol South (Karin Smyth), will the Minister please explain why the chair and terms of reference for the women’s football review have not been announced? Can he correct that situation now at the Dispatch Box and tell us who the chair will be and when we will have in our hands the terms of reference? Women who care about football in this country do not want to wait any longer.
A few years ago I was lucky enough to secure an Adjournment debate, when my hon. Friend the Member for Chatham and Aylesford (Tracey Crouch) was in the Minister’s position answering, and we talked about the success of the premier league—the 100,000 jobs that are directly held through it, the £7.6 billion it delivers to the UK economy, and the £3.6 billion it delivers to the Exchequer. There is nothing of that nature in the Government’s response. Can the Minister confirm that nothing in this response will harm and undermine the great export that is the premier league?
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