Baroness Twycross (Lab)

I thank noble Lords for their contributions to the group. It is an issue that we have discussed at length throughout the Bill’s passage through this House. I for one thank noble Lords who suggested that it would be helpful if we could progress the legislation so that we get the regulator in place. On Amendments 6 and 82 from the noble Lord, Lord Moynihan, I understand his desire to have upfront clarity in the Bill as to which competitions will initially be in scope of the regulator’s regime. However, again, the noble Lord may be trying to solve a problem that potentially does not exist. There is no doubt as to which competitions are in scope of the regulator’s regime at this point, and which will not be. By delegating this to secondary legislation, we are following the precedent established by other similar sport-related legislation. Without wanting to seem ungracious, this includes the Safety of Sports Grounds Act 1975 and the Football Spectators Act 1989, the latter of which the noble Lord, Lord Moynihan, will be very familiar with, as he was the Bill Minister in the other place during its passage. The approach that the Government are taking is both reasonable and the result of extensive, evidence-based consultation with all key stakeholders in the industry. The delegated power ensures that the competitions in scope can be amended in a timely manner and ensures that the scope of the regime remains relevant. It future- proofs for future innovations and protects against circumvention by ensuring that clubs and competition organisers cannot simply reconstitute, rename or establish new domestic competitions to avoid the regulator’s regime. The Government’s intended scope for the regulator is well known; it has been a subject of policy development process over many years, both by this Government and the previous Government, which has involved extensive consultation with the clubs and leagues that will be in scope. Any changes to the scope in future would be based on clear evidence and proper consultation as part of a published Secretary of State assessment. The requirement to consult before future uses of the power is set out on in the Bill. Any changes would be subject to the appropriate parliamentary scrutiny under the affirmative procedure. On Amendment 85 from the noble Lord, Lord Parkinson, this is a standard provision in many Bills, including the Media Bill, which I note he was the Minister for. To future-proof this legislation, regulations have to be able to be made in a timely way; getting bogged down in lengthy parliamentary proceedings could undermine the Government’s ability to keep the regulatory framework up to date and ensure that it remains effective. This is of no benefit to anyone, including the industry. This comes back to the perceived issue of hybridity that has been mentioned by a number of noble Lords today. As I set out in Committee and in our memorandum, the policy intent being the top five tiers of men’s English football has never been in doubt. Throughout the development of the policy over the past three years, there have been countless opportunities for all affected and interested parties to make representations on this scope. This amendment would serve no purpose other than to delay the implementation and effect of the regulator. It would be set up, incurring a cost, but unable to act while crucial regulations establishing its scope were bogged down in years of process. I have set out very clear reasons for the approach taken on defining the scope of the regime and will not take up your Lordships’ time further relitigating this issue. For those reasons, I urge the noble Lord to withdraw his amendment.