Football Governance Bill [ Lords ] (Second sitting) Debate

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Department: Department for Digital, Culture, Media & Sport
Louie French Portrait Mr French
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That is a fair question. We know how the media works. How can I put this? There is a desire for certain people to make certain comments that might be controversial. Our concern is that such comments could undermine the regulator straightaway. With the amendment, we are trying to be as clear as possible and avoid a headache down the line for the Government, so that the Bill not only covers interests such as shareholdings but ensures that no conflict of interest could arise from working for the regulator.

Jon Pearce Portrait Jon Pearce (High Peak) (Lab)
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I think I understand where the shadow Minister is going on conflicts of interest, a subject that the hon. Member for Spelthorne raised, but can he advise me how the amendment would help in addition to paragraph 6(1) and (2) of schedule 2, which in effect says that nobody can be appointed to the board unless there is confirmation that they do not have a conflict of interest? If the conflict of interest test can be satisfied, I am unclear as to why the amendment is necessary.

Louie French Portrait Mr French
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I am happy to answer the question, and I appreciate how it was put: it was not adversarial, but on a factual point. We are trying to clarify the point. In the Bill, as drafted, it is not clear what a conflict of interest is. The amendment seeks to make a specific example of an area that we think would be a particular problem for the regulator, and clarify what a conflict of interest is in this regard. I hope that that explains the amendment.

Jon Pearce Portrait Jon Pearce
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With respect, in most areas of professional life, conflicts of interest will have to be declared. There is not an exhaustive list of what might constitute a conflict of interest, because that is almost impossible, so whether there is a conflict of interest is a matter of fact to be tested. I go back to the point that if we start defining what might constitute a conflict of interest, a limited amendment such as this one would have to become exhaustive. I do not see how that could ever be possible.

Louie French Portrait Mr French
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I appreciate those comments. We will come on to conflicts of interest, and it is a question that I will put to the Minister, because the Committee and the House have to be clear and confident about what a conflict of interest might look like for the regulator. We will come on shortly to appointments to the expert panel. In such appointments, if there are no clear lines of accountability on what we believe to be conflicts of interest, I fear that we could have a situation like the one we have just had with the chair, in which the Government did not feel that there was a conflict of interest, but most people observing the appointment would say that there was a quite clear conflict, given the donations to the Prime Minister, the Secretary of State and the Labour party. Those are the points we are making, and I am happy to debate the matter further as we make progress. I have given the Minister some extra reading time on what I plan to ask about conflicts of interest.

A crucial point was made about how boards work differently in different sectors, and about whether conflicts are transcribed early on, so that everyone understands what we believe a conflict of interest is. We want to ensure that there are no vested interests in the process and that no one side will benefit from the simple fact that a chair is interested in that same side; that is the point my hon. Friend the Member for Spelthorne made. By accepting the amendment, alongside our other amendments, the Committee could ensure total independence of the chair of the regulator both from this Government and from industry insiders. That is our objective.

Amendment 114 would make it explicit that there must be a system for the chair of the board to declare their relevant interests. As we have discussed, this needs to be explicit within the Bill because of how the Government have conducted themselves in the appointment process. We have seen that this Labour Government cannot be trusted to run the process properly or ensure that full and proper declarations are made. The amendment would make sure that nobody in this Government’s regulator can avoid being transparent with the public on their conflicts of interest. This amendment has become necessary because of the Government’s actions and their disdain for Parliament and public accountability.

It could be argued that the Secretary of State has hidden her interest in the appointment process to date, especially because she did not declare her interest on Second Reading. This amendment would provide much-needed transparency on the future of the regulator and its chair, whoever he or she may be. I would like to think that Ministers are in favour of full and proper transparency, unless there is something that the Government wish to hide from us. As I said, we found out about the donations only at the last minute, through a declaration made to the Culture, Media and Sport Committee. This House would not otherwise have known. It troubles me deeply, regardless of which parties were involved, that Members made decisions without knowing about the donations.

Alongside amendments 117, 118 and 114, I have tabled amendment 115. As I have said repeatedly, this Government’s behaviour throughout the process has been nothing short of a disgrace. We found out about the appointee’s donations to the Prime Minister and the Secretary of State only via a Select Committee, and we did not know about them on Second Reading.

Without the appointee’s last-minute admission, we would have been in the dark. We do not know whether the Secretary of State would have been transparent about the donations she received. She has now recused herself, but we must remember that she nominated that person for the Select Committee’s consideration, which is a really important point that I am sure the independent Commissioner for Public Appointments will look at closely. We cannot allow this sort of cover-up to continue, as we need a sustainable independent regulator. Amendment 115 would make it clear that political donations should be declared as a relevant interest, as they have been proven to be by this Government.

I have also tabled amendment 116, which would ensure that politics is kept out of football. This debate is making me very uncomfortable as a football fan. I do not believe that politics should be anywhere near football, and it is because of this kind of issue. This has brought football into disrepute, and it is not just me saying that—it is across all the sports pages.

I am concerned about politics being dragged into football, and this amendment would require that the chair is not a member of a political party and does not publicly campaign or demonstrate support for one. It has been drafted in line with other such roles where chairmen are required to be politically neutral. Again, I believe this is common sense, and I hope all Members would support it.

Once again, this is an issue of trust and of establishing the true independence of any football regulator brought in by this Government. Requiring the chair of the board not to be a member of a political party or to campaign in a political way would protect the integrity of football and the regulator.

--- Later in debate ---
Joe Robertson Portrait Joe Robertson
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I have to confess that was not in my mind when I rose to my feet, but my hon. Friend has a good memory. I welcome his sporting analogy, rather than the analogy of Jacob Rees-Mogg doing a job for GB News, which is completely irrelevant to the Bill.

That brings me to another point. I wonder why the hon. Member for Sheffield South East, given that he is chair of the football all-party parliamentary group, tried to widen this debate on the politicisation of organisations. We are talking about football, about sport. It is almost uniquely an apolitical thing, both nationally and internationally. In fact, international sporting bodies are very sensitive to politics. I recall that, in the last 15 years, UEFA—was it UEFA?—tried to ban England players from wearing the poppy on their arms. That was ridiculous, but the organisation saw the poppy as a political symbol.

Football probably stands highest in trying to keep politics out of sport. Associating it with who might have a contract with GB News shows a lack of understanding of the uniqueness of sport.

Jon Pearce Portrait Jon Pearce
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If we are dealing with the independence of sport per se, does the hon. Gentleman consider the British Olympic Association to be within the ambit of sport? Its current chair, Sir Hugh Robertson, is a former Conservative MP and Minister for Sport. Does this apply to all sports, or just to football?

Joe Robertson Portrait Joe Robertson
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The issue here is that this is a regulator, with regulatory authority and powers. When we legislate, we should do whatever we can to keep politics out of sport. If there are examples going back over time, we can debate them, but doing that in the context of creating a brand-new regulator for football—one that has never existed anywhere else—would probably be a distraction tactic on the Government’s part. It would not deal with fans’ genuine concern that we should not bring politics into sport. We have an opportunity to do something to deliver that by agreeing to the amendments tabled by the shadow Minister.

Amendment 116 states:

“The Chair of the Board must not…be a member of a political party”.

Why would anyone disagree with that? It is perfectly open to someone who wants to run to be the independent regulator to resign their membership of a political party. The hon. Member for Portsmouth North talked about the word “currently”. Well, “currently” means at the point that someone is appointed, so it is perfectly possible for someone to go through the appointment process before resigning their interests at the moment the Government propose to appoint them. I think the word “currently” deals with that issue, which we possibly agree on.

The amendment also says that the chair must do no canvassing

“on behalf of a political party”,

including in council elections. The hon. Member for Newbury might find it weird—as would I—that someone would want to live without canvassing for council candidates, but that is not much of a sacrifice for someone to make if they want to be the national regulator for English football.