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The government’s Culture Secretary Lisa Nandy has accused opposition members in the House of Lords of being “intent on wrecking” the Football Governance Bill, which could lead to lengthy delays in the implementation of any new regulations.

The Bill primarily seeks to establish an independent football regulator (IFR) for the professional men’s game in England. The government says the new law would protect clubs and fans, while securing the future of the game.

Initially tabled by the former Conservative government in March 2024, the Bill failed to make it onto the statute books before Labour took power following the general election. In October Labour reintroduced the Bill, which is currently making its way through the House of Lords where peers have tabled hundreds of potential amendments.

Supporters’ groups and the English Football League (EFL) have welcomed the Bill, but the Premier League has voiced concerns that the regulator could potentially “weaken the competitiveness and appeal of English football.” UEFA has also said it is worried about how the regulator’s powers might interfere with the roles of existing governing bodies.

Lisa Nandy, speaking at an event jointly organised by the All-Party Parliamentary Group on Football and the EFL last month, said: “We’ve had what is known as a ‘wrecking amendment’ put in front of the House of Lords in recent weeks to turn this bill into a hybrid bill, which would bury it in committee for years and years to come.”

A so-called ‘hybrid bill’ would force the government to conduct additional consultation with clubs and other stakeholders, which could cause significant delays to the Bill’s implementation. Conservative members of the Lords have denied Nandy’s accusation, insisting they are subjecting the Bill to robust Parliamentary scrutiny.

Among the voices calling for a re-think on the creation of the new football regulator, Conservative leader Kemi Badenoch has said the proposals would be a “waste of money”. Having supported the reforms when they were initially proposed by the Tories, Badenoch has since performed a U-turn which the Football Supporters Association labelled an “own goal”, saying: “She claims to have spoken to people in the ‘industry’ – we prefer to call it the game – but that doesn’t appear to include the EFL who represent 72 clubs and back the regulator.”

West Ham United vice-chair and Conservative peer, Baroness Brady, has also weighed in, saying the plans for an independent regulator are a “solution in search of a problem”, and could potentially jeopardise the value of future broadcast deals by undermining the competitiveness of the Premier League.

The main reasoning behind the Bill is to establish a new independent regulator for English football to ensure the financial sustainability of clubs through new powers including monitoring and enforcement. Football governance has long been talked about but the recent move to establish an IFR was prompted by a number of financial crises at clubs in the English football pyramid, including issues with debt and breaches of Financial Fair Play regulations, and following the furore surrounding the failed launch of a European Super League, which was met with widespread opposition by supporters’ groups.

In addition to banning English clubs from joining any such breakaway league, a central tenet of the legislation is that any new rules will seek to promote fan engagement and protect clubs’ heritage from unscrupulous owners, helping to keep supporters firmly involved in the running of their club.

The House of Lords is yet to conclude its scrutiny of the Football Governance Bill, and an eye-watering 375 amendments have been tabled, many of which could require additional consultation and could take years to resolve. Having initially received cross-party support, football has now become one of many battlegrounds kicking off between Labour and the Conservatives.

Much like football, to a certain extent politics is about choosing who wins, who loses out, and by what margin. As the legislation enters the next stages of its Parliamentary journey, it will be interesting to see which elements of the Bill could be amended, watered down or kicked out the park. The House of Commons is yet to begin its own process of scrutinising the legislation but, given the strength of feeling already evident from the Lords’ first reading, it looks like football governance could become yet another political football.

 

Contact our Sports Law and Corporate & Commercial expert:

David Little is a Partner at Bishop & Sewell in our expert Sports Law  and Corporate & Commercial teams. If you would like to contact him, please call on either 07968 027343 or 020 7631 4141 or email: company@bishopandsewell.co.uk.

The above is accurate as at 25 February 2025. The information above may be subject to change.

The content of this note should not be considered legal advice and each matter should be considered on a case-by-case basis.


Category: News, Blog | Date: 25th Feb 2025


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