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Football Governance Bill - Sitting 6

21 May 2024

Proposing MP
Romsey and Southampton North
Type
Public Bill Committee

At a Glance

Issue Summary

The statement addresses amendments and clauses related to the Football Governance Bill, specifically focusing on licensing conditions for club owners and time limits for determinations. The statement discusses the Football Governance Bill's Clause 32, which sets a determination period for decisions on new football club owners and directors. The statement discusses duties for incumbent football club owners and officers to notify the regulator of any material changes in circumstances that may affect their suitability. The statement discusses the Football Governance Bill, focusing on clauses concerning the testing and removal powers of a regulatory body over incumbent club owners and officers. The speaker discusses concerns about clause 37 of the Football Governance Bill regarding its impact on football club ownership and foreign policy. Caroline Nokes discusses the Football Governance Bill's owner and director test, focusing on clause 37(3) and (4), which removes any minimum number of bankruptcy events for prospective football club owners. MP Caroline Nokes discusses clauses 38 to 44 of the Football Governance Bill, focusing on disqualification orders and related provisions. The statement discusses measures to protect football clubs from unsuitable owners and directors through regulatory oversight. The statement discusses amendments to clause 45 of the Football Governance Bill, focusing on expanding the consultation requirements for the Independent Regulatory Commission (IRC) when operating a team in relation to a prohibited competition. Caroline Nokes is addressing amendments related to the Football Governance Bill, specifically concerning player consultation and prohibited competitions. The statement discusses amendments related to football governance, specifically addressing the inclusion of players and staff in consultations for prohibited competitions. Caroline Nokes is discussing Clause 46 of the Football Governance Bill which relates to the duty not to dispose of a home ground without approval. The MP discusses the impact of stadium sales and relocations on English football clubs' financial sustainability and heritage, emphasizing the need for fan involvement in decision-making processes. The statement discusses the Football Governance Bill and the need for fan consultation regarding significant harm to a football club's heritage, particularly concerning ground relocation. Stuart Andrew discusses the Football Governance Bill and its clauses related to protecting football clubs' home grounds and preventing unsanctioned administration appointments. The statement discusses Clause 49 of the Football Governance Bill, which requires football clubs to obtain approval before changing their crest, home shirt colours, or name. The statement discusses the Football Governance Bill's requirement for licensed clubs to publish personnel statements and pay an annual levy. The statement discusses amendments related to the Football Governance Bill, specifically addressing clause 54 which outlines duties for notifying and consulting the Independent Regulatory Commission (IRC). The statement discusses the Football Governance Bill and proposes amendments to ensure competition organisers consult the regulator before adding rules and report on financial resilience and rule breaches. The MP discusses the implications of parachute payments in football and their exemption from consideration during income redistribution. The statement discusses the Football Governance Bill's part 6, focusing on clause 55 which defines relevant revenue for financial distribution in football and excludes parachute payments from this definition. The debate focuses on parachute payments made by the Premier League to relegated clubs and their impact on financial sustainability and competition in the Championship. The statement discusses the complexities surrounding parachute payments in football governance and their potential impact on club sustainability. The statement discusses the Football Governance Bill and the regulation of parachute payments in football. The statement discusses a parliamentary debate on an amendment to the Football Governance Bill regarding rules that would protect the financial soundness and resilience of English football clubs.

Action Requested

The Minister agrees to write to the Member for Sheffield South East regarding new clause 3 and commits to working on improving the wording of the clause. He also notes that fans can provide information to the regulator about the suitability of their owners or officers, but it is up to the regulator to determine its relevance.

Key Facts

  • The statement discusses clauses 28 to 31 of the Football Governance Bill.
  • New clause 3 introduces a licensing condition requiring club owners to commit to long-term use of football grounds.
  • Amendment 12 seeks to specify an end date for determination periods as soon as is reasonably practicable.
  • Clause 32 sets a statutory deadline for determining suitability of new football club owners and directors.
  • Determination periods will be established in secondary legislation by the Secretary of State.
  • The regulator can extend the determination period if more information is needed.
  • The clause places a duty on incumbent owners and officers to notify the regulator about any material change in circumstances that may affect their suitability.
  • If an officer becomes subject to criminal or relevant civil proceedings, it constitutes a material change in circumstances requiring notification.
  • The Government has responded to the fan-led review's recommendation for staggered reviews by allowing immediate action if there is new cause for concern.
  • Caroline Nokes is discussing amendments to Clause 37.
  • The amendment seeks to replace 'must' with 'may' regarding the regulator's consideration of foreign and trade policy objectives.
  • There are more than 600 agencies under the Department for Culture, Media and Sport.
  • Clause 37 requires the regulator to consider determinations from competition organisers and foreign policy.
  • The clause has caused concern about undue political interference in club ownership decisions.
  • Amendment 1 suggests changing 'must have regard' to 'may have regard'.
  • The speaker requests further guidance on how the regulator will be informed of foreign and trade policy objectives.
  • Caroline Nokes supports clause 37(3) and (4) of the Football Governance Bill.
  • The current Premier League and English Football League owner and director test allows one bankruptcy event.
  • Southend United FC has had 19 winding-up petitions in the last 25 years.
  • MP Caroline Nokes addresses clauses 38 to 44 of the Football Governance Bill.
  • The discussion focuses on disqualification orders and related provisions.
  • Clause 38 allows the regulator to disqualify an individual from being an owner or officer at any regulated club if found unsuitable.
  • Clauses 39, 40, and 41 detail processes for removing unsuitable owners or officers, prohibiting activities of those individuals, and safeguarding clubs against further damage.
  • Clause 42 enables the regulator to appoint interim officers or require redistribution of responsibilities when necessary.
  • Clause 44 sets out a process for issuing ownership removal orders with provisions to ensure costs are borne by the unsuitable owner.
  • Amendment 21 aims to expand the list of those consulted by the IRC.
  • Amendment 22 proposes adding 'and the full impacts of such a decision' after 'prohibited competition'.
  • Amendment 13 suggests inserting '(aa) professional football players,' into clause 45.
  • Amendment 21 aims to prevent teams from participating in prohibited competitions.
  • The European Super League triggered recognition of the need for better regulation in football.
  • Players and fans are crucial groups in football, as stated by Ben Wright from the PFA.
  • Amendments 21 and 13 aim to include professional football players and club staff in consultations under clause 45.
  • The regulator is required to consider views of fans about prohibited competitions, with discretion over other stakeholders.
  • The Bill seeks to prevent regulated clubs from entering teams into competitions that the regulator has prohibited.
  • Caroline Nokes is discussing Clause 46 and supporting it.
  • Amendment 29 would require regulated clubs to consult fans about potential harm to club heritage.
  • Nokes supports Clause 48 standing part.
  • Troubled Sheffield Wednesday sold Hillsborough to its owner for £38 million profit.
  • Reading and Derby both sold their grounds under similar circumstances.
  • Wimbledon FC's home was moved to Milton Keynes, renaming the club.
  • Tottenham fans benefit from a new state-of-the-art ground.
  • Clause 46 and clause 48 lack fan consultation rights.
  • Clause 48 of the Football Governance Bill requires regulator approval for a relocation if it does not undermine financial sustainability or cause significant harm to the club's heritage.
  • Amendment 29 seeks to ensure that fans are consulted on these issues.
  • The Minister argues that existing mechanisms will ensure proper consultation.
  • The clause applies to regulated clubs and those unregulated but with a history of regulation within five years.
  • Clubs must obtain regulatory approval before selling their home ground or using it as security.
  • Regulator approval is required for club-appointed administrators to prevent conflicts of interest.
  • Fans' views are an important consideration for the regulator when assessing proposed changes.
  • Clause 49 requires a club to establish that a majority of domestic supporters approve any material changes to its badge or predominant home shirt colours.
  • The Football Association must approve prior to changing the name under which the team plays.
  • The FA considers the view of supporters but may balance wider considerations such as effects on other clubs in the pyramid and local association.
  • Smaller clubs feel that regulation must be proportionate.
  • Amendment 30 seeks to clarify that the levy should be a percentage of annual revenue.
  • The Government identified that Premier League clubs could pay about 80% of the cost, with the six richest clubs taking on 50% of the total cost.
  • Amendment 23 will correct a cross-reference in the Bill.
  • Clause 54 outlines duties for notifying and consulting the IRC when a relevant league believes or suspects a club has breached rules related to the regulator's regime.
  • The clause also requires consultation with the regulator before changing competition rules that are relevant to the regulator’s regime.
  • Amendment 31 is proposed to clause 55.
  • IFR must ensure that rules further its objectives under section 6 by protecting financial soundness and promoting financial resilience of English football.
  • IFR should avoid adverse effects on sporting competitiveness, competitive balance among clubs, and financial investment in English football.
  • The Bill states parachute payments are exempt from backstop stage consideration.
  • 80% of Premier League's distribution to EFL is in parachute payments.
  • Media money goes primarily to 25 clubs.
  • The gap between Premier League and EFL revenues has grown from 75% in 1992 to just 6% today.
  • Parachute payments have risen from £30 million to £233 million between 2010 and 2020, an eightfold increase.
  • The top 25 clubs received 92% of total distributable revenue last season.
  • Parachute payments are contractual arrangements made by the Premier League to clubs upon relegation.
  • If a club is promoted back up immediately after being relegated, year-two and year-three parachute payments do not go to the Football League but return to the Premier League.
  • The regulator's focus is on financial sustainability rather than promoting competition in the Championship.
  • Parachute payments are a necessity for sustaining competitive balance between leagues.
  • Concern exists over potential wage inflation in the Championship if more money is distributed through parachute payments.
  • The Premier League aims to maintain competitiveness but not at the expense of perpetuating a closed league system.
  • The regulator can introduce discretionary licence conditions on clubs receiving parachute payments.
  • Parachute payments protect clubs from bankruptcy upon relegation.
  • Clause 55 sets out an overview of backstop powers and defines relevant revenue as including broadcast revenue.
  • Amendment proposed to clause 55 of the Football Governance Bill.
  • Question put for the amendment resulted in 6 Ayes and 9 Noes, negating the amendment.
  • Clause 55 ordered to stand part of the bill.
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