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Conservative and Unionist Party

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  1. ParliamentMr Louie French

    Football Governance Bill [ Lords ] (Third sitting)

    Although I do not doubt the Minister’s sincere belief in the assurances she has given, I am afraid that unless we have evidence that gives the Opposition certainty about them, we will not withdraw our amendment. We are very concerned about the future participation of English clubs in Europe and of the national team in European and world competitions for reasons that I outlined in my speech—in the interest of time, I will not repeat them now. I note that the Minister was very careful in her wording when she talked about what was said in the letter from UEFA. She talked about the Bill “as drafted”. The Opposition are extremely concerned about scope creep from the regulator, and much of our contributions have focused on the fact that the future regulator may take a decision that is not in conformity with the rules of FIFA and UEFA, which this House would then have few means to change. That would put at risk clubs, investment and jobs in clubs up and down the country. That is why I will press the amendment to a vote. Question put, That the amendment be made.

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  2. ParliamentMr Louie French

    Football Governance Bill [ Lords ] (Third sitting)

    I beg to move amendment 98, in clause 7, line 35, at end insert— “(3A) The IFR may not redistribute revenue, income or any monies from one regulated club to another regulated club.” This amendment prevents the IFR from redistributing any funds from one club to another. Again, it is a privilege to speak under your chairmanship, Mr Turner. I promise that this speech will be slightly shorter than the last one—people will be pleased to know that. Amendment 98 would make it explicit that the Government’s regulator should not engage in the practice of redistributing income or revenue from one club to another. This is a necessary and prudent safeguard and goes to the heart of how we preserve competitive integrity, protect private investment and ensure that the scope of the regulation does not veer into a form of creeping central planning in our national game. Nowhere in the Bill as it stands is it clearly ruled out that this new public body—run by an appointee of the Secretary of State, as we have heard—could compel the transfer of funds between clubs in the name of sustainability, redistribution or solidarity. That is why the amendment is so important. It would place a clear statutory limit on the power of the Government’s regulator. It would ensure that the regulator could not, in any circumstances, divert resources from one privately owned club to help to subsidise another. It would preserve the principle that the money earned by clubs—through good management, fan support, on-field success or commercial acumen—belongs to those clubs, not to a central authority acting as some sort of financial equaliser. Although I am sure that hon. Members will say that that will never happen, it is important that we, as Members of this House, make sure that it never does. If Members believe that it will never happen, making this amendment to the Bill will not affect the operation of the Government’s regulator. There is no reason to oppose the amendment, other than political goal scoring. This issue goes far beyond football; it touches on the fundamental principles of ownership, competition and economic freedom. As we have heard, private investment in English football has helped to transform the game. Whether in the Premier League or lower leagues we have seen owners, both domestic and international, commit hundreds of millions of pounds to develop stadiums, invest in training grounds, nurture local talent and grow their clubs responsibly. That investment has come in the expectation of fair competition and the ability to retain the fruits of one’s success. We all know that it has not always been done with the best intentions, but the Government have decided to bring in a regulatory sledgehammer to crack this particular nut. A small minority of owners should not be responsible for upending the entire English football system, which has stood and evolved over more than 100 years. If the Government’s regulator is granted the power to override that and to redistribute revenues forcibly between specific clubs, that risks undermining the very conditions that made English football the most watched and commercially successful league system in the world. It sends a chilling message to investors that success may be penalised, ambition discouraged and financial reward diluted in the name of a central diktat. It would also, as I said when I moved amendment 97, demonstrate a total violation of the independence of English football from a Government regulator, which would assuredly constitute a violation of UEFA and FIFA rules, in turn leading to the expulsion of our clubs from competitions, as we have just discussed. UEFA states that mandating redistribution that affects “the competitive balance in the game and wider European competition would be of concern to us. We also fear that having a third party intervene in redistribution would likely prevent amicable solutions being found.” It is not difficult to imagine where that could lead. A well-run League One club, generating income from smart ticketing and loyal fan engagement, could find its revenues skimmed off to support a rival that has been less prudent or less entrepreneurial with its fan engagement. A Championship club breaking even through hard decisions and local investment could be told that its television share will be trimmed to subsidise losses made elsewhere by a less prudent board or chairman. That is not regulation, but redistribution by bureaucratic diktat. Let me be clear: I am not opposed to the redistribution of moneys in English football. Voluntary redistribution negotiated by clubs, leagues and the FA is a long-standing and respected feature of the game, but there is a profound difference between clubs choosing to support one another and the Government’s regulator imposing that from above, using statutory powers to shift money between private enterprises without consent.

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  3. ParliamentMr Louie French

    Football Governance Bill [ Lords ] (Third sitting)

    I understand the Lib Dem spokesman’s point, but in my understanding, that would be the responsibility of the leagues. That is not what we are trying to block with this amendment; we are trying to block club-to-club forced redistribution. That is an important distinction, and I will come on to explain why. I do not believe that this is a theoretical concern. The regulator’s objectives include financial sustainability. One can easily imagine a future regulator interpreting this objective to mean that it should balance resources across the pyramid, effectively redistributing funds to prop up weaker clubs. Without this amendment, nothing in legislation explicitly prevents such a scenario. Some may argue that redistribution is needed to make the game fairer—I understand that point—but fairness in football has always been earned through competition, not imposed through central control. We must be very cautious about importing the language and logic of equalisation into a sport that depends for its vitality on aspiration, competition and merit. Sporting competition is a hill that I am willing to die on. It is also worth noting that forced redistribution between clubs would create perverse incentives. It would reward financial mismanagement and punish prudence, and it would create a moral hazard where clubs are less motivated to balance their books if they believe that the regulator will require others to bail them out. That is not a path to sustainability; it is a recipe for mediocrity, or worse, disaster. The principle at stake is clear: the role of the regulator is to set standards, ensure compliance and uphold integrity, and not to act as a central accountant deciding who deserves what. If clubs wish to strike revenue-sharing deals through their leagues, they may do so. The amendment draws a line: it protects club autonomy and supports continued investment in the game, and it ensures that the Government’s regulator—whatever its remit ends up being—respects the rights of clubs to manage and retain their own finances.

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  4. ParliamentMr Louie French

    Football Governance Bill [ Lords ] (Third sitting)

    It is disappointing that our amendments, which were tabled in a constructive manner, not a political one, have not been accepted. We remain concerned about some of those risks to the future of English football, but we will not seek to divide the Committee on this clause. Question put and agreed to. Clause 7 accordingly ordered to stand part of the Bill. Clause 8 The IFR’s regulatory principles Question proposed, That the clause stand part of the Bill.

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  5. ParliamentMr Louie French

    Football Governance Bill [ Lords ] (Third sitting)

    I will not seek to repeat all the objectives that the Minister outlined for clause 8, but I will make some comments on each principle, and pose some questions to which I hope she can provide answers. As the Minister described, clause 8 outlines the eight operating principles that guide the regulator’s approach. First, the Government’s regulator should be on time and cost-efficient, which is why I have tabled amendment 101 to clause 16. Secondly, the Government’s regulator should take a participative approach to regulation, helping to co-ordinate and co-operating with clubs and competition organisations, as well as engaging with players, fans and others. That relates to an amendment that we will come to shortly. Thirdly, the Government’s regulator should be light touch in its approach to regulation, wherever possible. Sadly, we Opposition Members believe that that is now highly questionable due to some of the new parts of the Bill, which we raised concerns about in the first day’s sitting. Fourthly, the Government’s regulator should be proportionate in everything it does. Again, we have concerns about that and we have outlined some of those already. Fifthly, the Government’s regulator should acknowledge the unique sporting context in which it is regulating, aiming to minimise any potential disruption to sporting competitions. I will not go through the debate we just had around UEFA international competitions, but I again highlight some of my earlier questions that I put to the Government on Tuesday about how this regulator is benchmarked against other regulators, because, in a sporting context, it is the first of its kind. It is very difficult for us to understand where the Government are moving towards, whether that is about resources, the size of the regulator, or the future direction, and we would like some clarity on that. Sixthly, the Government’s regulator should apply the regulation consistently. We all hope that the regulator will do that in the future. Seventhly, the Government’s regulator should, where appropriate, hold individuals responsible for the actions of the club. That is absolutely right. There are clauses that seek to do that, and, as we have heard, to identify the appropriate officers and senior directors for different components of the club. Eighthly, the Government’s regulator should be as transparent as possible in everything it does. Disappointingly, Government Members voted against the transparency amendments that we tabled, which, again, were not political; they were aimed to future-proof the transparency regarding how the regulator operates. I fundamentally believe that Members, regardless of what party they belong to, should be able to have all the information to make informed decisions on the benefits to their constituents. Many of the principles in this clause are generally welcome, but I seek clarity from the Minister on a few matters. Does she think that these principles are strong enough to prevent the regulator from jeopardising the future participation of English clubs, particularly abroad? The fifth principle states that the regulator “should” aim to minimise disruption. Surely—we believe—it “must” avoid disruption, because of the risks that I outlined in previous amendments. Lastly, none of the principles reference or reinforce the regulator’s independence. Why is there no principle regarding the regulator’s independence from the Government and politics at large, for the reasons we have outlined?

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  6. ParliamentMr Louie French

    Football Governance Bill [ Lords ] (Third sitting)

    As we heard from the Minister, the clause relates to the transfer of staffing, resources and property to the Government’s regulator in the future. I would like to ask her—this goes back to an earlier conversation on the potential direction of travel, size and scope—how many staff will be transferred? What resources or properties are we talking about, so that taxpayers can understand, and what cost will there be to the taxpayer? Hopefully, those are fair questions. We did seek to put an employee cap into the Bill to help to maintain value for money for taxpayers. I think that was a fair proposal, but Members did not agree with it or with the number of 50 that we put forward. However, the principle of trying to cap the size of the regulator is fair, especially given the size of some of the regulators that were described in comparison—I believe one had 900 members of staff. Most members of the public would be alarmed if the football regulator ended up anywhere near that, let alone a tenth of it. We are concerned, so I ask the Minister again, given the impact on costs to football clubs linked to the regulator, how big the Government expect it to grow. Can she also answer the questions that were raised about what will be transferred on day one?

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  7. ParliamentMr Louie French

    Football Governance Bill [ Lords ] (Third sitting)

    I thank the hon. Member for tabling this amendment. As I said in a previous sitting, we have a lot of respect for the work that he does chairing the football all-party parliamentary group. The amendment would require the state of the game report to assess existing and effective financial distribution agreements against the principles. My understanding is that the amendment would therefore require the Independent Football Regulator to assess existing agreements against the principles in clause 62(2)—namely that they “(a) should advance the IFR’s objectives, (b) should not place an undue burden on the commercial interests of either specified competition organiser, and (c) should not, if a distribution order were made in accordance with the final proposal, result in a lower amount of relegation revenue”— also known as parachute payments— “being distributed to a club during the relevant period than would have been distributed to a club during that period had such a distribution order not been made.” There are a lot of words there.

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  8. ParliamentMr Louie French

    Football Governance Bill [ Lords ] (Third sitting)

    I beg to move amendment 123, clause 10, page 7, line 6, at end insert— “(d) an assessment of the impact that the IFR’s activities have had on the price of match tickets.” This amendment would require the IFR to include in its state of the game report the impact that its regulatory activities have had on ticket prices.

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  9. ParliamentMr Louie French

    Football Governance Bill [ Lords ] (Third sitting)

    Clause 10 provides for what is described as a state of the game report—a new mechanism by which the Government’s regulator is expected to take stock of the health, direction and trends within English football. It is, in theory, a very valuable exercise for both fans and clubs. Done well, it offers an opportunity to review not only the financial condition of the game but its accessibility, integrity and future direction. But for the clause to serve its purpose, the report must include those issues which matter most to the people who sustain our national game—the fans that it purports to protect. That is why I wish to speak to my amendments 123 and 122. Amendment 123 would require the state of the game report to include an assessment of the impact that the regulator’s activities have had on ticket prices. Amendment 122 is tabled in a similar vein, and would require that same assessment to appear in the regulator’s annual report as well. These are modest and reasonable proposals, but they are also very important. The cost of attending football in this country has risen markedly in recent years. For millions of supporters, particularly those attending with children or travelling away from home, football is no longer the affordable pastime it once was—we have seen those protests in the stands and outside grounds on a number of occasions this season. While the causes are complex, it is certain that increased regulatory costs, compliance burdens and mandated structural changes may be passed on, directly or indirectly, to the supporter at the turnstile. If we are to create a regulator with statutory powers over finance, governance, and club operations, surely it is not too much to ask that we track the real-world consequences of those interventions.

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  10. ParliamentMr Louie French

    Football Governance Bill [ Lords ] (Third sitting)

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

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  11. ParliamentMr Louie French

    Football Governance Bill [ Lords ] (Third sitting)

    I thank the hon. Member for that intervention. As I said, it really is about transparency. We believe that we, as elected Members of this House, need to have an understanding of the impact that the regulator will have on the ultimate person, which in this case is the club’s fans. That is what the amendment seeks to do. I understand the hon. Member’s point, and I did say that the causes of price increases are complex. I will not read out all the figures, but clubs’ costs have increased just this year, whether because of energy bills, national insurance or wages. We are concerned about the burdens and requirements that the regulator will impose on clubs increasing their costs and about those being passed on to the end fan, who is already under significant pressure. Ticket prices are not an incidental issue; they are a barometer of whether the game remains accessible to its core community. We know that regulation drives up prices, through compliance costs, as I have said, and by reducing investment and squeezing margins even further. The Government must have the courage to recognise that and to adjust course if necessary by ensuring greater transparency about costs. Requiring the regulator to report on that, in its general state of the game report and its annual report, would embed an essential feedback loop in statue. It would ensure that the impact on fans was not an afterthought, but a standing obligation for the regulator. It is not enough for the Government’s regulator to simply say, “We have improved governance and we ensure sustainability,” if we then learn, in the same breath, that the average family can no longer afford to attend any more games. Football cannot become financially sustainable by pricing out its own supporters: I suspect all Members would agree on that point. I would add that ticket affordability is a deeply traditional concern. It goes to the very heart of football’s place in English lives. Fans must not be priced out of their favourite club in the name of regulation. If we forget that, we forget the point of the Bill, which is the fans. Let me also stress that the amendment does not restrict the regulator. It does not tie its hands; it simply requires transparency. It says to the Government’s regulator: “If your actions are driving up the cost of entry to the game, tell us, tell the fans and tell Parliament.” Then, we can at least have an honest discussion in this House about whether those actions are justified or proportionate. That is especially important when we consider that many of the regulator’s decisions, whether on licensing, financial rules or ownership models, will almost certainly have financial consequences. Clubs will find ways to balance their books, as the hon. Member for Cheltenham just intervened to say, and if the regulation increases their fixed costs, the easiest lever to pull is ticket price. That is not conjecture; it is basic economics—although we know that some members of the Labour party struggle with that. In the end, these two amendments ask only that we shine a light on the question that supporters ask every season: “Why is it getting more expensive to watch my club?” If relegation is part of the answer—[Interruption]—or rather if regulation is; relegation is definitely part of the answer—then we have a duty in this House to know and to ensure that we make laws that shine a light and ensure transparency for everyone to understand.

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  12. ParliamentMr Louie French

    Football Governance Bill [ Lords ] (Third sitting)

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

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  13. ParliamentMr Louie French

    Football Governance Bill [ Lords ] (Third sitting)

    It is rather disappointing that the Liberal Democrats and Labour seem to be against the principle of transparency for fans of the impact on ticket prices, given that the issue is so pertinent to fans across the country. As Conservatives, we want to stick up for those fans. We understand the costs of going to a game, as my hon. Friend the Member for Spelthorne said—I will not criticise his choice of club. Going to games and season tickets cost a lot of money for the average fan, and we have seen the impact of that. One example was the cost for Man City fans of coming down to the semi-final. Part of Wembley was empty because fans were saying that they could not afford the costs, because of the times of fixtures, although that is a slightly different point. We have to be mindful of the impact on ticket prices.

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  14. ParliamentMr Louie French

    Football Governance Bill [ Lords ] (Third sitting)

    That fans would be happy to accept higher prices is a brave argument to make, and it is not one that we are willing to accept. More broadly, we believe that Parliament must be able to scrutinise how much regulators, whether they are arm’s length, more direct or independent—however we label them—cost taxpayers and, in this case, fans. We believe that the sovereignty of this House demands a transparent report that Parliament and the public can analyse. We must understand the impact on ticket prices for fans. As Conservatives, we will stick up for fans today. Question put, That the amendment be made.

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  15. ParliamentMr Louie French

    Football Governance Bill [Lords] (Fourth sitting)

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

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  16. ParliamentMr Louie French

    Football Governance Bill [Lords] (Fourth sitting)

    The amendment, as explained by the hon. Gentleman, seeks to add supporters trusts, fan groups and individual fans to the list of those whom the independent football regulator must consult about the state of the game report. We have absolutely no problem with the principle of consulting fans in that context, and we would expect the football regulator to wish to do so in the due course of its business, for reasons we explained in other parts of the Bill. I suppose there might be some concern about how long the consultation would take if it had to consult every individual fan, as suggested by the hon. Gentleman, but we will await the Minister’s comments to understand that in the context slightly more.

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  17. ParliamentMr Louie French

    Football Governance Bill [Lords] (Fourth sitting)

    I do not want to rehash the debate we had before the lunch break. We will press amendment 122 to a vote under a future clause, but we are disappointed that the Government are not willing to accept amendment 123. As we explained before the break, Conservative Members are very concerned that the regulator may impact ticket prices even further. We were calling for transparency in the state of the game report for fans and for Parliament so that they could understand the impact of the regulator on ticket prices for fans. We are disappointed that that amendment was not accepted. I appreciate the further comments that the Minister made, but I would like her to consider that in the future.

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  18. ParliamentMr Louie French

    Football Governance Bill [Lords] (Fourth sitting)

    I beg to move amendment 113, in clause 11, page 7, line 41, at end insert— “(7) No football governance statement may have effect unless approved by resolution of both Houses of Parliament.”. This amendment would require the football governance statement to be approved by Parliament before it could have effect. As we know, clause 11 makes provision for the Secretary of State, whoever that may be in the coming months, to issue a statement on issues related to football and, specifically, to the Government’s regulator. While the statement is not a binding one, it walks a very fine line and could be interpreted as political interference in the governance of football. As we have already heard when deliberating on clause 7, that is a very real issue with real-life implications for English football and English clubs. I do not want to get bogged down in the earlier debate, but I ask the Minister to accept the fact that, aside from the context of the Bill, if UEFA or FIFA deem the Government to be exerting influence on how football is run in a way that compromises the independence of football associations and clubs in line with their statutes, they can, and perhaps will, take action to exclude the nation’s teams and clubs from competition. Irrespective of the Bill, if FIFA or UEFA believe that there is Government interference in football, there is a risk that clubs could be kicked out of European competitions.

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  19. ParliamentMr Louie French

    Football Governance Bill [Lords] (Fourth sitting)

    I genuinely thank the Minister for clarifying. We have to understand the context in which the Bill is operating. As I said earlier, the Bill is being made not in isolation, but in a complex international football ecosystem. We have to be mindful of that in everything that we do in this Committee and in the legislation that goes forward. Will the Minister therefore accept that, even if she does not believe that it will happen, if her regulator is perceived to be exerting influence and undermining the independence of English football, both international governing bodies will exclude English teams? I want to confirm that the Government understand those risks. Much like the Secretary of State’s failure to declare her interests in relation to her appointee to the chairmanship of the regulator, who we know donated to her, this is about the perception of undue influence and the impact that will have on how the independence of English football is viewed internationally. If UEFA and FIFA perceive that there is undue influence from whoever the Government of the day may be, they will act, as I explained already with the example of Greek football in 2006. I hope that, as the Secretary of State has now done, the Prime Minister will make sure to declare any relevant interests, as we know that the chairman also donated to his campaign. I believe that the Minister confirmed that she understands that there is a real risk that we have to be mindful of and that if the regulator breached independence, the entirety of English clubs’ participation in Europe, and the jobs and significant revenues that come alongside that, would be at stake. That is why I have tabled amendment 113, which would require the football governance statement prepared by the Secretary of State to be approved by Parliament before it could have effect. That is a vital safeguard to prevent the perception that any Government of any colour have direct influence over the regulator.

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  20. ParliamentMr Louie French

    Football Governance Bill [Lords] (Fourth sitting)

    I thank the hon. Gentleman for the intervention, but I am speaking very clearly about the interference of Government in football. That is very different from how Parliament acts in creating this statute and being able to check that the regulator is not putting clubs at risk, as I have said before. It is about Parliament having its say, rather than just delegating powers to the Secretary of State of the day. By requiring that Parliament approve the statement, my amendment would ensure two things. First, there will be proper scrutiny of the Government and their policy. Mr Speaker has recently had to remind the Leader of the House, because of the way the Government have continued to ignore it, of paragraph 9.1 of the ministerial code, which states: “When Parliament is in session, the most important announcements of government policy should be made in the first instance in Parliament.” The amendment would require the Government to come the House to present and defend their policy, instead of hiding behind media briefings or social media posts. Secondly, the amendment would help to mitigate UEFA’s and FIFA’s concerns about the direct influence of Government over the independence of English football. Accepting the amendment and inserting Parliament into the equation would make the regulator much more palatable for the international governing bodies. I hope that members of the Committee will accept the amendment for what it is: an attempt to ensure that no Government of any colour can be the cause of English football’s exclusion from European or international competitions. There will come a day—the sooner the better, in my opinion—that the Labour party is no longer in government. Labour and Liberal Democrat Members must therefore be realistic, practical and honest about the situation. When there is a different Government in place, will they accept the risk of that Government being the reason that the Three Lions cannot play in the World cup, or the reason that English clubs—from Cheltenham to Barnsley or Welling, or perhaps Sheffield Wednesday —cannot compete in European competitions? That might seem a remote prospect at the moment, but it is the ultimate aim of every club to be in such competitions. That is at risk without this amendment. If hon. Members are being honest with themselves, their constituents and football fans across the country, the answer will be clear, and they should support my amendment to help to protect English football and give Parliament a greater say.

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  21. ParliamentMr Louie French

    Football Governance Bill [Lords] (Fourth sitting)

    The Minister, I believe, just said to the Committee that one of the objectives that this Committee and Parliament have set out for the regulator is growth.

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  22. ParliamentMr Louie French

    Football Governance Bill [Lords] (Fourth sitting)

    I stand to be corrected; we will look at Hansard, but one of the votes that we have had already in Committee was on an Opposition amendment to make sure that growth was clearly defined in that objective in the Bill, and it was rejected by the Government, so I am slightly confused. My hon. Friend the Member for Spelthorne has asked for clarification of what might be in the report, and the Minister seems to be contradicting a vote that has already happened. Could she clarify what she means?

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  23. ParliamentMr Louie French

    Football Governance Bill [Lords] (Fourth sitting)

    I must admit I am slightly confused by the answer that was given. I expected the Government to refuse my amendment, but I am genuinely confused about the direction of travel now. I explained the causes of the amendment. The answer that the Minister has just given to my hon. Friend the Member for Spelthorne seems to contradict—other Members are nodding—votes that have already taken place on this Bill. Without rehashing the whole exchange, we wanted to put in as an objective of the regulator economic growth and growing the game of football, for very plausible reasons. The debate was around the word “sustainability”—I appreciate that you were not in the Chair at that point, Ms Butler. To hear the Minister describe the objective that was voted down by the Labour party as a key part of Government policy—that was the argument we made earlier; we could not understand why the amendment was voted against—is confusing. We are genuinely confused, so I will press the amendment to a vote. Question put, That the amendment be made.

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  24. ParliamentMr Louie French

    Football Governance Bill [Lords] (Fourth sitting)

    The Minister will be pleased to know that I will not pick her up on that slip of the tongue, given I made a few of my own this morning with some of the tongue twisters that my assistant put into my speeches. As we have just heard, clause 12 requires the Government’s regulator to publish guidance about the exercise of its functions as set out in clauses 21 to 25 and the outcomes it seeks to achieve, and to consult appropriate persons before publishing that guidance. I have a few questions. Will the Minister clarify when she expects her regulator to have translated its powers and duties into a detailed, cohesive and practical explanation of the IFR regime, and what she believes detailed and practical mean for the clubs, so they can understand that? Clause 13 permits the Secretary of State to prepare and publish guidance on the Government’s regulator’s exercise of its functions under the regulatory regime. This guidance would aid the Government’s regulator in interpreting the intention of legislation when designing and implementing its regulatory regime. It would be non-binding, but the Government’s regulator must have regard to it when exercising its functions. There was an interesting debate between two lawyers on this Committee about where those lines are drawn. They have both made their arguments for the record, so I will not go back into that, but the clause does stipulate that revisions to guidance may not be made “more frequently than every three years” unless there is a revision to the Bill, or the revision is pre-agreed upon between the Secretary of State and the Government’s regulator. It also requires the Secretary of State to consult both the Independent Football Regulator and any appropriate persons before publishing or revising any guidance and laying it before Parliament, unless the revisions are minor. The Minister will be aware that in the previous sitting I pressed her about that parliamentary role; I will now do so again. Might we have some insight into where, when the reports come back to Parliament, the Government plan to publish them? On Tuesday I asked the Minister whether that would be the role of the Culture, Media and Sport Committee, or of the Public Accounts Committee, given the financial aspects and the costs, and the role of the Comptroller and Auditor General, or whether that would be on the Floor of the House. We really would appreciate, as the official Opposition, some guidance on where the Government plan to publish those reports, so that everyone in the House may have a clear understanding of the direction of travel and where those reports will be available to be read. While the guidance may not be binding, the clause highlights the blurred lines between Government and regulator, particularly when the appointee was a political appointee, as we know. How will the Minister ensure that any guidance published by the Government is not interpreted as Government intervention, and that the regulator remains free to act independently while not bringing in those risks that we have discussed today?

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  25. ParliamentMr Louie French

    Football Governance Bill [Lords] (Fourth sitting)

    I beg to move amendment 134, in clause 14, page 9, line 3, at end insert— “(aa) the cumulative impact of the costs imposed on clubs through compliance with the IFR’s regulatory regime, and” This amendment would require the IFR to include in the annual report an account of the financial costs imposed on clubs through its regulatory requirements on them. Let us see whether we get a different outcome on this vote, although I will not hold my breath—I had a wry smile from at least one Member. The amendment seeks to insert reference to the cumulative impact of the costs for clubs from compliance with the IFR’s regulatory regime. The clause makes provision for the Government’s regulator to publish an annual report “As soon as reasonably practicable after the end of each financial year”. I will start with a question to the Minister: what does she envision an unreasonable delay to be in the submission of said report? I think we all agree that six months could be unreasonable, for example. I do not ask for a specified time limit of the Minister or in the Bill, although it might be reasonable for the Government to include one; I ask for a rough indication of how long fans will have to wait every season to see what the Government’s regulator is doing. I hope she will give such an indication today in Committee. Subsection (2), as drafted, lists what the Government’s regulator must include in its annual report. However, we believe that that list is incomplete and requires the amendment tabled in my name. I moved the amendment to require the Government’s regulator to include in its annual report an account of the financial cost imposed on clubs through its regulatory requirements on them. Increases in regulation have costs for businesses, regardless of the industry or of the intent. The Government and their regulator will ensure that all clubs, as businesses too, will see their costs increase. We have had a lot of debate about where that cost may end up, but I do not think anyone disputes that the costs will rise. First, costs might come from the Chancellor’s tax rises, which we have discussed—whether that is national insurance, wage increases or the energy costs that clubs have to pay. At the elite level, people may be less concerned if they think about the finances of a Premier League club, but such costs have a bigger impact on those lower down the pyramid, all the way to the National League, which will be in scope of the regulator. As we have said consistently, we are very much concerned about the impact on football’s finances and the negative decisions that may result for fans and clubs around the country. Secondly, but linked to that, there is the ever-increasing cost of red tape, not just that introduced by the Bill, but more broadly. Clubs have to comply with the regulations of the leagues that they play in and of the FA, and now they will have a regulator as well. There are a number of compliance costs, and other legal matters that have been discussed in this House in more recent months will also add cost to clubs up and down the country. Football might have changed over the years, but I am afraid that the Labour party has not. We believe that the Government have focused too much on their left wing, and left themselves exposed in the midfield and at the back.

    Hansard source
  26. ParliamentMr Louie French

    Football Governance Bill [Lords] (Fourth sitting)

    The hon. Gentleman liked that. At the heart of the Bill is the ambition to secure the long-term sustainability of English football clubs across the pyramid. That is a commendable—perhaps even noble—objective. However, plain as day, as we have discussed, it will increase costs for every single fan across the country. We need to know how much that cost will be. As the Government attempt to deliver that goal, we must not lose sight of a fundamental truth: regulation is not free. Every new obligation, every form to be filled and every audit to be passed has a cost, financial and operational, that ultimately lands at the door of our football clubs and is then passed on, I am afraid, to fans. As I have said in previous clauses, many clubs, in particular those in the lower leagues, already operate on a knife edge and in certain circumstances on a shoestring budget. For them, even modest extra compliance burdens can pose fundamental, existential challenges. Those in the lowest leagues—the National League and below—would welcome the improved odds of, for example, perhaps being able to compete in the EFL. As things stand, however, the National League 3UP campaign has been ignored. The National League clubs that I have spoken to are keen for the 3UP campaign to be included, because they believe that closing the gap on competition should be a conversation not just between the regulator and this Committee about closing the gap between the EFL and the Premier League—a constant theme of our discussion—but about closing the gap at the bottom of the pyramid. Clubs in the National League would have an increased chance of getting into the English Football League. Given the number of clubs in the National League that were previously in the English Football League, we can all understand why the campaign has grown in momentum among the National League clubs. For any Members who were not aware of it, that is the 3UP campaign. That is not helping the financial sustainability of the clubs that are fighting hard to return via promotion to the Football League or to be promoted for the first time—those that have lofty ambitions to go further up the pyramid. Those in the National League that are, as a direct result of their situation, most impacted by some of the new bills that have been imposed by various actions of the Government, deserve to be able to see why they have those costs and who is causing them. The amendment gets to the heart of that. At the moment, most fans have an owner they can point to—and blame, if they wish, for their financial failures, as well as their successes on the field. They can campaign to get them out, as Manchester United fans continue to do regarding the Glazer family, for example, or they can sing their praises from the rooftops, as Newcastle fans have done in recent months after their historic success on the pitch. However, this Government’s regulator will blur the lines about who has caused financial instability, because the actions of the regulator will not be as transparent as we believe they could be.

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  27. ParliamentMr Louie French

    Football Governance Bill [Lords] (Fourth sitting)

    That is obviously not what this amendment is about. It is about transparency. It is not about the overall cost, but about the transparency of the cost. The hon. Gentleman asks about how things would have been funded before, but we have to accept that we are in different economic circumstances. A number of costs have impacted clubs already. I am talking about the cumulative impact of Government policy—the Minister has heard me say this in a number of debates, including in the debate on swimming yesterday—on clubs from the elite level all the way down to the grassroots level. The point is that there are now extra costs from the regulator, on top of the national insurance increase, which we think has probably been the biggest change, the changes to business rates calculations, which have negatively impacted a number of businesses, and wage increases. Hon. Members may or may not agree with those costs, but we are talking about their cumulative impact. Because it is ultimately funded by the clubs, the regulator will increase those costs. The hon. Gentleman talks about how we perceived it would be paid for. The clubs will pay the costs of the regulator—that has not changed—but we are trying to get at the cumulative impact. We want transparency about that impact on clubs, including for Parliament, so that we, as hon. Members who represent constituencies around the country, can have informed debates about the impact on English football of the decisions that we make in this House. As Members of this House, it is not unreasonable to want to understand the impact of our and the regulator’s decisions. Whether or not hon. Members agree with the amendments, they make it quite clear that we are calling for transparency on the costs of the regulator.

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  28. ParliamentMr Louie French

    Football Governance Bill [Lords] (Fourth sitting)

    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.

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  29. ParliamentMr Louie French

    Football Governance Bill [Lords] (Fourth sitting)

    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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  30. ParliamentMr Louie French

    Football Governance Bill [Lords] (Fourth sitting)

    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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  31. ParliamentMr Louie French

    Football Governance Bill [Lords] (Fourth sitting)

    We tabled the amendment because, as my hon. Friend the Member for Isle of Wight East explained, it is in the interest of driving transparency for fans and clubs, and for Members to see the effectiveness and impact of the regulator. As my hon. Friend the Member for Spelthorne explained, it is highly likely that most clubs captured by the top five leagues of the regulator will have reports in their board rooms that explain the costs of regulation and compliance costs. As I said earlier, they have to report on a variety of functions for their league credibility, so it is not unusual to expect them to be able to account for how much this extra regulation will cost, nor is it unusual to expect us to have transparency on the impact of the Government’s football regulator on the football pyramid from the bottom to the top. We will press the amendment to a Division. Question put, That the amendment be made.

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  32. ParliamentMr Louie French

    Football Governance Bill [Lords] (Fourth sitting)

    I appreciate that the Minister said earlier that she has written to me to set out where the report will end up and how Parliament will be able to scrutinise it, but will Parliament have a vote on it?

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  33. ParliamentMr Louie French

    Football Governance Bill [Lords] (Fourth sitting)

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

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  34. ParliamentMr Louie French

    Football Governance Bill [Lords] (Fourth sitting)

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

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  35. ParliamentMr Louie French

    Football Governance Bill [Lords] (Fourth sitting)

    That was a strange intervention. New clause 2 and new clause 6 would require the independent football regulator to provide assistance to regulated clubs seeking to obtain a provisional licence, clubs with a provisional licence seeking a full licence, and unregulated clubs that are reasonably likely to become regulated in the next football season. The new clauses would also require the independent football regulator to provide reasonable and proportionate assistance to regulated clubs in their efforts to continue to comply with their licence conditions. The sentiments behind both arguments are not bad ones. We have made strong arguments already about our concerns regarding costs for clubs lower down the pyramid. I do, however, question the contradiction of being concerned about clubs in National League South and North, but wanting to get them in the scope of the regulator—we disagree with that. I have a few questions about the new clauses that I hope either the hon. Member for Sheffield South East or the hon. Member for Cheltenham might be happy to answer, just so the Committee can understand. Given that the new clauses would require the independent football regulator to provide reasonable and proportionate assistance, we would be interested to know what assistance those hon. Members think might be reasonable or proportionate for clubs to require, and whether the independent football regulator is to provide them in the different instances covered by the new clauses. How would the independent football regulator’s liabilities towards clubs under the new clauses be determined and enforced? How would it be funded? That would be a question that all clubs would ask. In a feedback loop that I am sure the hon. Member for Sheffield South East is aware of through his chairmanship of the football all-party parliamentary group over many years, one of the arguments that a number of clubs make is, “Why should I pay for someone else to come and try to take my place in the league that I am in?” That is part of the competitive nature of football. Although there is cross-club working in a number of areas trying to help clubs, often, the same clubs are competing against each other. We would need a bit of clarity on how the additional provision of help would be paid for. Would the cost be passed on to other clubs? Leaving aside those questions about what that may look like in the future, we understand the sympathies expressed in the new clauses to try to help clubs further down the pyramid, so that they are not excluded based on the fact that they cannot afford to apply for a licence.

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  36. ParliamentMr Louie French

    Football Governance Bill [Lords] (Fourth sitting)

    I beg to move amendment 99, in clause 16, page 10, line 10, leave out subsection (c). This amendment prevents the IFR from requiring information from clubs in the other than the personnel statement and strategic business plan specified by the Act, when applying for a provisional operating licence.

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  37. ParliamentMr Louie French

    Football Governance Bill [Lords] (Fourth sitting)

    Clause 16 is about the application for provisional licences, and this debate builds on the previous debate about costs. The way in which clause 16 is currently drafted is a textbook example of how the Government have left the door open to scope creep from the regulator. This clause gives the Government’s politically led regulator the power to set its own rules on what documents clubs must provide when applying for a provisional operating licence. On the surface, this may sound like a mere procedural point, but it in fact is emblematic of a broader concern: the unchecked expansion of regulatory scope—scope creep—that could come to characterise this regime if we are not careful. In fact, it may no longer be appropriate to define it as “scope creep”, as there is nothing subtle or creeping about it. The Bill actively, in different places, encourages the Government’s new regulator to build its own football governance empire, as other regulators have done. It would be better now to define some of this risk of scope creep and to avoid such scope imperialism in the future. That is why I tabled these two amendments. Amendment 99 would prevent the Government’s regulator from requiring information from clubs, other than the personnel statement and strategic business plan specified by the Act, when applying for a provisional operating licence. Amendment 100 would prevent the Government’s regulator from requiring information in the strategic business plan that is not specified by the Act. At this early stage of the Bill Committee, I am already at risk of sounding like a broken record.

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  38. ParliamentMr Louie French

    Football Governance Bill [Lords] (Fourth sitting)

    I am sure the Government Whip appreciates my comments more than that. The Government’s Bill, alongside the unprecedented and seemingly unlimited powers that it grants to their regulator, is, as we have argued already, putting English football at risk. The Government have assured us that their politically led regulator will be proportionate and risk-based, but the Bill as drafted grants it significant scope to expand its own powers, with limited checks on that unaccountable and seemingly unstoppable expansion of power, and the Minister did say in her previous comments that Parliament will not get a vote on this, so Members need to be aware of this as we go forward. The Government’s regulator is in prime position to commit a regulatory land grab that would belong more in a war documentary than in a sport that is supposed to be independent of the state. We have seen this before. Regulators rarely stick to their lane; just look at Ofcom, who attempted to remove former colleagues from their role as broadcasters. They were found to be in breach of their own rules, so Ofcom changed the rule. What is to stop this regulator doing the same? Over time, objectives change and bureaucracies grow. What begins as a modest remit to protect financial sustainability can turn into a permanent presence in the boardrooms of clubs, pushing even more conditions, even more reporting requirements, even more intervention —all in the name of “compliance”. We believe that that is dangerous for sport, as a general rule. My hon. Friend the Member for Spelthorne also explained how his experience of regulations supports our concern. Clause 16 allows the regulator to require whatever documents it deems “appropriate” for a provisional licence application. That may include business plans, financial forecasts, ownership structures, or other forms of club data. Crucially, the Bill does not limit what can be asked for. Nor does it require that these requests be proportionate, standardised, or even necessary to the specific risk posed for each club. We believe that this Government have written their regulator a bit of a blank cheque in this area—one that empowers them to define their regulator’s own administrative burden and impose it unilaterally on clubs without giving clubs a say in how that starts to look, going forward, or the issues that it may create in clubs. As I have commented and other Members have commented, that is a particular issue for clubs lower down the leagues, particularly those in League One and League Two, or the National League—clubs that already operate with small margins and stretched resources. We have to remember that while some of this legislation is clearly aimed at the top level—the Premier League level—all clubs will be required to provide documents to the regulator. We must remember that those smaller clubs that may not have big human resources departments will be required to present their homework. Forcing them to comply with excessive or bespoke documentation requirements—there could be uncertainty about what those requirements will look like, going forward—drawn up by a regulator that answers to no shareholders, no supporters and, once set up, only loosely to Parliament—no vote for Parliament—will hit those least able to absorb the resource costs and financial costs the hardest. More fundamentally, it sets a dangerous precedent. If the regulator is given the power to define its own gatekeeping rules without parliamentary oversight, we create a system where compliance is dictated not by statute but by bureaucracy. Once that door is open, it rarely swings shut, as we have seen with other regulators. We know how these things go. One year it is audited accounts. The next it is fan engagement reports, community impact statements, net zero transition plans perhaps—all well-meaning, but all cumulative, and all irrelevant in practicality to whether a club should be granted a provisional licence to play football. The way that the Government have drafted and introduced the Bill and conducted themselves during this process shows that they have forgotten the key part of this debate: playing football. They have become more concerned, we believe, with the minutiae of football governance. It is clear that they have put favours over fans in their appointment, cronies over clubs and bureaucracy over the beautiful game as they seek to make it almost impossible for clubs to actually get on with playing football. We must not lose sight of the fact that this is about playing football. Let me be clear again: we are not opposing things for opposition’s sake, but we will provide a robust and thorough challenge to areas of the Bill that we believe will have unintended consequences. What we must resist is a system where clubs are treated as supplicants—forced to second-guess what information a regulator may require, fearful that an honest administrative error might cost them their licence, or worse, the future of their football club. Currently, clubs are at real risk of being sacrificed on the altar of bureaucracy by this Labour Government. I urge the Committee to vote in favour of these amendments that would remove the ability of the Government’s politically led regulator to increase its own powers and remit without any oversight. This clause as drafted by the Government includes no provision for Parliament or even for the Secretary of State—whoever that may be in the coming months—to reign in their regulator and reduce their powers, if need be. Once passed, reversing an expansion of power by the regulator will be exceptionally difficult. This Government promised us and fans a light-touch, risk-based independent regulator. That was before they appointed their own donor to be chair and then returned the favour, we believe, not only by giving him a fairly large part-time salary, but by giving him a fairly blank cheque about how to increase his power over time, as they have voted against amendments requiring more transparency, and we believe the interests of football fans. It is clear that the Conservatives want to protect fans, and we will press these amendments, which seek to limit the power of the regulator going forward, to a vote.

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  39. ParliamentMr Louie French

    Football Governance Bill [Lords] (Fourth sitting)

    The Minister is trying to suggest that everything is the same, but the Secretary of State has literally nominated a Labour donor who donated to her and the Prime Minister to chair the regulator, so the situation has clearly changed. The appointment is now the subject of independent inquiry; they are under investigation for the appointment. The Minister has been landed the role because the Secretary of State has recused herself, so the situation has clearly changed and it is clearly a political appointment.

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  40. ParliamentMr Louie French

    Football Governance Bill [Lords] (Fourth sitting)

    I do not want to go on about this too long, but the argument that seems to be coming from the Opposition Benches is—

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