Lord Pannick (CB)

My Lords, the noble Lord, Lord Moynihan, eloquently explains why the Secretary of State and the IFR must seek to avoid conflict with UEFA and FIFA regulations. They are the governing bodies, despite the lunacy of some of their decisions, most recently the FIFA proposals to expand the World Cup to 64 teams and to extend half-time so that there can be a concert while players seek to maintain warmth and fitness. Notwithstanding that, they are the governing bodies, and the structure of English football recognises this. It does so because both UEFA and FIFA impose in their rules and regulations an obligation on member associations—the FA, as the noble Lord, Lord Moynihan, says—to comply with UEFA and FIFA regulations, and to ensure that clubs and leagues also comply with UEFA and FIFA regulations. The FA imposes a similar obligation on member leagues and the Premier League—its rule B14. It imposes a contractual commitment on clubs and the Premier League to comply with the statutes and regulations of FIFA and UEFA. Notwithstanding all this, I am, with great respect, doubtful as to the wisdom of Amendment 4 from the noble Lord, Lord Moynihan. Do we really wish to incorporate into English law, so that it is a matter that can be raised in the High Court, the statutes and regulations of UEFA and FIFA? Is it really our wish to allow those who are concerned by a decision of the Secretary of State or of the IFR to go to court and say that the decision is a breach of a UEFA or FIFA regulation? It would be welcomed enormously by sports lawyers such as me. The opportunities for litigation are endless because, regrettably, the UEFA and FIFA regulations are not always drafted with the precision and clarity—I put it modestly—that we expect and see from the parliamentary draftsmen in this country. I would be grateful if the noble Lord, Lord Moynihan, could address this point when he comes to reply. There will be a further enormous expanse of litigation in football, and we will find that decisions are even more regularly open to litigation—to challenge in the courts—if his amendment is accepted.