Contribution
My Lords, in moving Amendment 170, I will speak also to the other amendments in this group in my name, Amendments 194, 196 and 197. These all relate to foreign interference in football clubs, a topical issue today, given the debates that have taken place in another place on Chinese espionage and the Government’s tardiness in introducing a foreign influence registration scheme.
Amendment 170 in my name seeks to expand the scope of the regulator’s role in varying a club’s licence conditions. As drafted, the Bill is clear that the regulator may vary a club’s licence conditions to restrict its acceptance of funding which the regulator reasonably suspects to be connected with serious criminal conduct. This is a very significant power and an important one—none of us wants to see funding connected with serious criminal conduct in football. By the same token, I hope the Government would agree that funding that the regulator reasonably suspects to be linked to conduct harmful to the interests of the United Kingdom should have no place in football either.
There is an important point here, as those involved in funding football in this country might be involved in perfectly legal activities internationally, which, while legal elsewhere, may harm our national interest. I hope the Minister can explain why, if the regulator is equipped to make a judgment about criminal conduct, it would not be able to make a judgment on conduct that is harmful to the national interest as well.
Amendment 194 seeks to expand the terms of reference for the regulator’s determination of whether a person has the requisite honesty and integrity to own or run a football club to include whether an individual is a member of a proscribed terrorist organisation. The principle behind this amendment is that proscribed terrorist organisations have no place in football. I am sure that all noble Lords in the Committee agree with that.
The Government may argue that this amendment is not necessary but, given the number of foreign owners of clubs and the many appointments of international officers in the football sector, it would give the regulator the power it needs to protect football from people who are found to be members of proscribed organisations. Sadly, it is far from inconceivable that somebody resident in the UK might be found to be a member of such a proscribed group. In those circumstances, surely the Government would want the regulator to have the tools to end their involvement in football swiftly. What assessment have the Government made of the risk of people who are members of proscribed terrorist organisations being involved in football clubs in this country? Have the Government looked at this and deemed it unlikely? Have Ministers come to a view about an acceptable level of risk? If the risk is greater than zero, can the Minister explain why the regulator should not have a power such as I have set out?
I accept that proscription is not always of the same utility in relation to different terrorist networks or to the work of lone wolves. I would be happy to discuss a broader criterion, perhaps looking at a reasonable belief that someone is involved in terrorist-related activity, to capture that. I think there is a loophole that we ought to try to close in our scrutiny of these provisions.
Amendments 196 and 197 relate to Clause 37. They seek to ensure that the regulator can carry out its duties effectively, responsibly and in close co-ordination with key public bodies that can assist its work in this area. Amendment 196 would require the regulator to consult a range of bodies, namely the National Crime Agency, the Security Service, the Secret Intelligence Service, the Serious Fraud Office, His Majesty’s Revenue & Customs and the Sports Grounds Safety Authority.
The regulation of football clubs cannot be divorced from our wider national interest. Football is more than a sport. It is a vital part of our national culture, economy and global reputation. We know it is a sector that can attract bad actors, financial mismanagement and, in some cases, criminality. Whether it is safeguarding clubs from fraud, tackling money laundering or ensuring that stadia meet safety standards, the regulator will need the insight and expertise of these key agencies in doing its work. This is about equipping the regulator with the best possible advice. I hope that the Minister will look at that with some care.
Finally, Amendment 197 would replace the mandatory “must” with the discretionary “may” in relation to the regulator’s engagement under Clause 37(3). This minor adjustment carries significant practical implications. Its purpose is to avoid placing an excessive legal burden on the regulator to consult in circumstances where it may not be necessary or proportionate. By providing discretion, we would give the regulator the flexibility it needs to prioritise its resources and respond to situations on a case-by-case basis. This amendment would not weaken the regulator’s responsibilities; rather, it allows for common sense to prevail. It reflects our commitment to safeguarding the integrity of football while ensuring that the regulation is not heavy-handed. I beg to move.