Football Governance Bill [HL]

Lord Markham Excerpts

Consideration of Commons amendments and / or reasons
Tuesday 15th July 2025 Lords Chamber

[Lord Markham (Con)]

I too start by declaring my interest as a Chelsea season ticket holder, and while I will not speak too long about Chelsea’s Club World Cup success, I will note that three of the four big European and world tournaments were won by English clubs—I can even say that half of them were won by Chelsea. We can see that we currently have a very successful game. Also, four of the starting 11 were English players and one, Cole Palmer, was the player of the tournament and even had President Trump celebrating alongside him. If only we could teach him to do the Palmer rub, we would really be there.

So we start off in a good position, and I have to add my thanks to the Minister. I think she took some political risk in bringing back amendments to the Lords when everything had obviously passed here already, and opening this up to possible further challenges and ping-pongs. She did that because she thought it would make this a better Bill, and I support everything she was trying to do and the intentions behind that, because I think it has made it a better Bill. While I agree with both my noble friends, the two Lords Moynihan, that there are dangers in the introduction of a regulator, and with my noble friends Lady Brady and Lord Maude that we need to ensure that it is a light-touch regulator, this is an improvement—but there are dangers still out there. I think we all remember the long conversations we had about the risk of UEFA, and we need only to look at the last few days, with the demotion of Crystal Palace, to see that we have to be sure that we are not doing anything here that falls foul of UEFA.

The Minister was at pains to confirm that UEFA was on board with the last version of the Bill. What we see now is, of course, quite a different version in terms of the backstop. It is a better version, particularly with the removal of what we all thought was a fairly crazy pendulum mechanism. However, it allowed the Government to say at the time, keeping to one of the UEFA golden rules or red lines, that a decision has to be a football decision. In the past, it can be said of the pendulum that it was either an FAPL or an English Football League solution. Now that the regulator is able to negotiate to find its own solution, which is very sensible measure that I support, UEFA could argue that we are now imposing a potential government solution. It is the right approach to take, but has the Minister sought similar assurances from UEFA that this new backstop does not fall foul of some of its red lines, and that it is as comfortable with this new version as it was with the old version?

That said, this is a better version, and I thank the fab four Cross-Benchers for bringing together this solution. I am sorry that both the noble Lord, Lord Birt, and the noble and learned Lord, Lord Thomas, are not in their usual places to take their laps of honour. It is a sensible amendment which tries to lead to a negotiated outcome with compromise, rather than the arbitrary pendulum mechanism.

At the same time, it is very sensible—and I know David Kogan was very involved in this—that the regulated board are now responsible for the decision, with the removal of the expert panel, and they are willing to be accountable for that decision. I have known David Kogan for some 15 years and, like others, I truly believe that we have a real expert with deep knowledge of the game and sports rights; he is a valuable addition. As so many of these issues are judgment calls, I feel much better knowing that we have David Kogan’s judgment. We all have to accept that the appointment process was perhaps a bit unfortunate. Can the Minister say where we are with the investigation, and when can we expect an outcome? Obviously, we would all like to get him on board as quickly as possible.

I conclude by thanking the ministerial team, the Bill team and all noble Lords for their work during what has been a long, thoughtful, informative and good process, which has ultimately improved the Bill. I look forward to hearing the Minister’s reply.

[Baroness Twycross (Lab)]

I thank all noble Lords for a constructive and good-natured debate on the amendments made in the other place and for their very kind comments, not least from the noble Lord, Lord Markham, recognising why I took the risk to bring the Bill back, which was to ensure that we get a better Bill. I am very grateful to the noble Lords, Lord Burns and Lord Pannick, and noble Lords from across your Lordships’ House, including the noble Lord, Lord Goddard, and the noble Baroness, Lady Brady, for their support for changing the backstop mechanism. I am grateful too for the support for, and confidence across your Lordships’ House in, the Government’s preferred candidate.

The noble Lord, Lord Pannick, is right that we need to see the regulator as taking a light-touch approach, and I am grateful to all those involved in helping us get this over the line in a much more match-fit state than it left us. I note the concerns of the noble Lords, Lord Maude of Horsham, Lord Moynihan and Lord Moynihan of Chelsea, and the noble Baroness, Lady Brady. I will send a transcript of the debate to the chair designate, although I am confident that he is following the debate and is already aware of the need—and their call—to tread lightly.

The noble Lord, Lord Burns, asked how we would incorporate evidence from the “state of the game” report. Under the amended model, it would be explicit that the regulator must use the “state of the game” as the basis for its decision. The regulator must explain in its notice how its solution addresses the evidence from the “state of the game” report. Leagues must also submit supporting evidence alongside their proposals, which the regulator must take into account. The regulator can request additional evidence as well as gathering its own information to ensure it has a wide evidence base for making a decision. This is a more evidence-based and data-driven process than before. We are also proposing an extension of the final proposal stage to allow for more time for the regulator to come to a considered solution based on evidence.

The noble Lords, Lord Moynihan and Lord Markham, asked whether UEFA is content with the Bill as it stands. As noble Lords will know and as I have stated previously, UEFA has written to confirm that it is content with the Bill and the FA has confirmed it. Its issues were with the previous Government’s version of the Bill and requiring the regulator to have regard to the Government’s foreign policy, something we have removed and something your Lordships’ House clearly debated at some length.

Past examples of Italy and Spain legislating in relation to football broadcasting without facing repercussions from UEFA should offer reassurance. Italy in 2008 and Spain in 2015 legislated setting out how TV rights are to be sold and how the revenues are to be distributed. Neither association has faced consequences from UEFA. I will return to exactly where we are with the process a bit later.