Contribution
My Lords, I am grateful to my noble friend Lord Markham for setting out the amendments in this group and, in his absence, my noble friend Lord Maude of Horsham. He tabled some of these amendments but, as we heard earlier today, is unable to be with us to speak to them.
This group of amendments concerns the general duties of the independent football regulator. Its role is to ensure the long-term sustainability, fairness and competitiveness of football in the UK; that is vital. The regulator is entrusted with overseeing the interests of clubs, players, fans and other key parties in the sport, so its role is invaluable. It is critical, therefore, that we lay out clearly and concisely, if we can, its duties and responsibilities.
The amendments in this group seek to provide the independent football regulator with a clear and effective framework in which to carry out its responsibilities, and to strike the right balance between governance, competition and the continued growth of the sport.
I speak in support of Amendment 61, which would introduce a duty for the new regulator to advance the growth objective. The whole Committee can agree on wanting football to flourish, expand its reach, and continue to thrive both on and off the pitch. That is the intention of Amendment 61 and the growth objective. Football’s growth, in participation and in financial sustainability, is critical for its future. The amendment before us would ensure that the regulator’s actions remain firmly aligned with advancing football’s expansion, ensuring that the sport continues to thrive and serve the interests of all involved, from grass roots to the professional game.
Amendment 59 proposes removing the phrase
“so far as reasonably practicable”
from Clause 7. This would complement Amendment 61 by strengthening the regulator’s mandate. By removing what is superfluous and ambiguous language, we would help to ensure that the regulator is not constrained by excessively cautious qualifiers. Instead, it would be given a clearer, more explicit duty to act decisively in line with its core responsibilities, including the imperative of promoting growth in the football sector. In the previous debate, we proposed additional wording that the Government did not need; here, we are seeking to help concision by striking out terms that we think are ambiguous and superfluous.
Amendment 61A, tabled by my noble friend Lord Maude of Horsham, highlights the importance of the independent regulator in working within existing competition structures where they are already operating effectively. The new regulator should not interfere unnecessarily with systems that are working well and delivering positive outcomes. Instead, it must focus on enhancing and supporting those structures, ensuring that they remain adequate and capable of meeting the needs of the game. That would prevent the duplication of regulatory functions and ensure maximum efficiency.
My noble friend Lord Maude’s Amendment 64 seeks to safeguard the integrity of football competitions by ensuring that the football regulator avoids actions that could undermine the important work and effort of competition organisers. His amendment would set a useful boundary between the regulator and the autonomy of clubs. Additionally, it would ensure that the independent football regulator does not conflict with the existing rules set by competition organisers. These protections are important for preserving the competitive spirit of football, which drives both the sporting and commercial success of the game. By ensuring that the regulator respects the frameworks that are already established, these amendments would permit football to evolve without unnecessary disruption and foster an environment where the sport can flourish at all levels.
My noble friend Lord Markham’s Amendment 67, which I have signed, seeks to ensure that the independent regulator avoids actions that could undermine competition. That competitive spirit is fundamental to football’s success, both in the excitement engendered among fans and the drive for clubs to grow and innovate. This amendment seeks to ensure that regulatory actions do not unintentionally harm what is such an essential element of the sport.
Finally, Amendment 69 seeks to strengthen the clarity and focus of the regulator’s mandate by ensuring that it operates consistently with the objectives outlined in Clause 6. Clause 7(3) states that the regulator must have regard to its regulatory principles, the “state of the game” report, the football governance statement and any guidance published. Curiously, though, it does not state that the regulator must have regard to its objectives under Clause 6. If the objectives are to mean anything, surely the Bill should try to create a duty for the regulator to have regard to those objectives in exercising its functions. I am curious as to whether that is a gap that we could close here.
The amendments in this group work together to provide the new independent football regulator with a clear, direct and effective framework for fulfilling its duties. They seek also to set out distinct boundaries and make sure that the regulator’s powers do not encroach on the competitive spirit of the clubs. I hope the Minister thinks that, in doing that, they strike the right balance between regulation and freedom. I look forward to her thoughts on this.