Stuart Andrew
MP for Daventry · Conservative · United Kingdom
“The Minister will know that Onley Park is still owned by the Ministry of Justice. Although I welcome the funding, these residents have been waiting years, and frankly they are really worried—we have still not got a start date or clarity around backdated bills, and the situation is affecting house sales now.”
“My hon. Friend is making an important point about HSSIB. We have heard time and again that frontline staff value the safety that HSSIB provides to them and the confidence they have in reporting.”
“Despite what we have heard from the Minister, colleagues have been talking about the issue of developments near railway stations. That has a practical consequence for the rural village of Long Buckby in my constituency. Land that is currently in open countryside, beyond the village boundary, will now be designated as a priority area.”
“In a volatile world, I think we can all agree that energy security is important, but so too is food security. I was interested in the answer the Prime Minister gave to my hon.”
“Well, that was clearly no answer to my question, so let me give it: the Government’s own figures show that the number is higher. Additionally, in response to concerns that I have raised, the Office for Statistics Regulation confirmed that the published figures do not clearly distinguish between patients who are treated and those who are r…”
“Women’s symptoms may simply be dismissed or attributed to stress, hormones or ageing, and women have been consistently under-represented when it comes to cardiovascular research.”
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“As the national governing body for football, the FA will be consulted before the regulator prohibits any competition, and the regulator will also consult anyone else it considers appropriate. I commend the clause to the Committee.”
“That will provide up-front clarity to the industry and means that new competitions will not just be prohibited outright. That is important to ensure that the regulator does not unduly stand in the way of innovation in the market—for example, like when the old First Division became the Premier League in 1992. The clause requires the regulator, when deciding whether to prohibit a competition, to consider several factors, including whether the competition is merit based, operates on the basis of fair and open competition, jeopardises the sustainability of English football’s existing competitions or the clubs in those competitions or harms the heritage of English football. Of course, football belongs to its fans, so the regulator will also determine and consider the views of fans in England and Wales before prohibiting a competition.”
“As the hon. Gentleman knows, the purpose of the Bill has been tightly focused to feature those particular issues. We have a fine balance to ensure that we do not upset or get into challenges with UEFA and FIFA, and it is for football to make some of the decisions that it has made, but I would expect that, as the provisions in the mandatory conditions say, clubs will consult their fans on decisions on match days. The extension to clubs regulated in the past 10 years will stop them circumventing the rules by withdrawing from existing competitions in order to join a new breakaway competition. The regulator is expected to prohibit competitions on the basis of the predetermined, proportionate and transparent framework based on the prescribed factors set out in legislation.”
“I thank the hon. Lady for her contribution. On the ruling that she mentioned, my understanding is that it will be considered, but I want to make sure I have that right, so if she does not mind I will write to her. The regulator will not be able to take action until it is fully operational. It would be inappropriate to give it backdated powers in relation to competitions, as clubs cannot comply with preapproval requirements after an action has been taken, so I hope the hon. Lady understands the position we are in. Question put and agreed to. Clause 45 accordingly ordered to stand part of the Bill. Clause 46 Duty not to dispose etc of home ground without approval”
“Clause 48 sets out that the regulator can grant approval to a relocation only if it does not undermine the financial sustainability of the club and does not cause significant harm to its heritage. Given that clubs will be required to consult with fans on matters relating to home ground, we expect that the regulator would consider that in reaching its decision on whether to approve a relocation.”
“The Bill requires regulated clubs and clubs that have been regulated in the past five years, which I shall simply refer to as clubs, to notify the regulator where there is a reasonable prospect of either the club selling or otherwise disposing of its home ground or using it as security for a loan or other liability. The proposed transaction can proceed only if the regulator grants approval. Clause 46, which the amendment seeks to change, deals with only the narrow issue of a home ground disposal or the use of the home ground as security. Those matters do not necessarily threaten the heritage of the club in the same way as forcing a relocation. Where currently regulated clubs propose to relocate in parallel, which may impact on the clubs’ heritage, that is subject to a separate approval from the regulator under clause 48.”
“The regulator will be able to see whether that consultation was done properly, and the mechanisms that we are setting up for fan engagement are much strengthened from what they may be at the moment. That gives confidence that what the clubs consult on will be done through a mechanism that is much stronger than some of the examples mentioned earlier by the hon. Member for Barnsley East. By doing that, because it is about the club’s heritage—it is its home ground, and the club is going to move—the club must demonstrate that it has properly consulted with the fans in the way described by the Bill.”
“The heritage of the club will include its home ground. Of course that is part of the description of heritage, so it will come under that aspect. Just selling the club to get a loan, for example, will not move the stadium, but if it is going to relocate, that is a change to the club’s heritage, so that will come under the heritage aspect of the Bill.”
“As I said a moment ago, clause 48 sets out that a relocation can be granted approval only if it does not undermine the financial stability of the club or cause significant harm to its heritage. It will come under that.”
“The impact of a home ground relocation on both fans and the club is why we are legislating for the regulator to preapprove any proposal in this regard. As set out in subsection (4), the regulator must be satisfied that the proposed relocation would not undermine the financial sustainability of the club, or significantly harm its heritage. Clause 48 makes the important and necessary recognition of the vital role that home grounds can play in communities, and adds an extra layer of protection to them. I commend the clause to the Committee.”
“Although fan views will be an important consideration, the Government believe that the regulator should be able to take an holistic view of any proposal. I therefore hope that the hon. Member for Liverpool, West Derby withdraws his amendment. Turning to clause 48, home grounds play an important role in the history of a club, and are often the club’s most valuable asset. Relocating home grounds permanently to areas that have no connection to the heritage and history of a club can have a significant impact on those supporters and the local area, as we saw when Wimbledon moved to Milton Keynes. This clause is aimed at stopping that from happening again. However, the Government do not want to stifle development that brings value and aligns with the heritage of a club.”
“That protects against potential bad actors who might otherwise choose to pull their team from the league and no longer be a regulated club so that they can asset-strip and sell off the ground to make money. Turning to amendment 29, the Government believe that the safeguarding of club heritage and the voices of fans is vital. We expect the regulator to consider whether a club has adequately engaged with its fans in reaching its decision on whether to approve a relocation. However, there will be a number of additional factors for the regulator to consider when assessing whether a proposed home ground relocation will significantly harm club heritage. Those may include the history of the club, distance from the original home ground or the views of others in the local community.”
“The clause therefore places a duty on clubs that own their home ground to obtain the approval of the regulator prior to any sale or use as security in a loan or liability. The regulator will consider the risk of the proposed transaction to the club’s financial sustainability and block any potentially financially damaging sale of a club’s home ground. The provision applies not only to regulated clubs, but we are also extending it further to capture clubs that are not currently regulated but have been within the last five years. The regulator must be satisfied that the club has taken reasonable steps to ensure that a team play their home matches at the ground prior to its sale or use in a loan—that is, that football club continues to be playing at the ground.”
“For the reasons I have set out, I am unable to accept the amendment. Turning to clause 46, a home ground is often one of the most vital and valuable assets that a club can own. However, home grounds are sometimes used as collateral for debt or even sold off entirely to raise money. Although there can be sensible financial reasons for clubs to do that, both courses of action may result in a club’s financial position seriously deteriorating, or it having no ground to play at. Selling the home ground also potentially seriously weakens the club’s balance sheet. Likewise, using the home ground as collateral for a loan might make financial sense depending on the use of the cash raised, but it may also saddle the club with too much debt or high interest costs.”
“In schedule 4, paragraph 4(3)(a) on page 93, it says “the club’s home ground”. It is there. The regulator will examine each transaction in the context of the regulated club’s individual financial circumstances. That should provide sufficient comfort for fans or other proposed stakeholders that the proposal does not adversely affect the financial sustainability of the club. The additional stakeholders to be consulted will not have a financial interest in the transaction. Amendment 3 would impose an additional level of bureaucracy and complexity to the process. It would also introduce a potential delay in completing a transaction, which is often time-sensitive, and it may have adverse implications, such as the buyer pulling out or renegotiating terms. That could undermine the sustainability of clubs.”
“The requirement to seek approval from the regulator for the appointment of an administrator applies to clubs that have a licence, and those that should have a licence but for whatever reason do not, as well as clubs that were formerly regulated within the previous five years. That is included to ensure that clubs are not deliberately run so that they are no longer in the leagues that the regulator has oversight of, to then take advantage of being an unregulated entity to appoint an administrator without approval of the regulator. I commend the clause to the Committee.”
“However, there are occasions where the administration of a club is not initiated by creditors but by the club itself. A club can appoint administrators directly, and so does not require a court to sanction the appointment in advance. In those circumstances, there have been occasions in which some stakeholders have had cause to question the relationship between the insolvency practitioner appointed as administrator and the football club. That is why, in those specific circumstances, the appointment of an administrator requires the regulator’s approval to ensure that the process is transparent and to avoid conflicts of interest. Such approval should give all stakeholders, particularly fans, more confidence in the system and more confidence that the outcome is the best available, in the circumstances, for the individual club.”
“The regulatory framework is not a zero-failure regime. Therefore, it is possible that football clubs may enter administration despite the best efforts of the regulator. We would of course, hope that this is rare. There already exists a legal framework for companies—and that includes football clubs—to enter into administration, which is detailed in the Insolvency Act 1986, and in many cases this existing framework has enabled clubs to go into administration and re-emerge as solvent clubs. It should be noted that those clubs often re-emerge in a lower league as a result of the sporting sanctions placed on them by the competition organisers. Given that the existing administration regime seems to work well in relation to appointments initiated by creditors, it is not necessary for the regulator to cut across that process.”
“The view of supporters is a significant factor in the FA’s final decision, but it may also need to balance wider considerations, such as the effects on other clubs in the pyramid, and the relationship between the club’s current name, the proposed name and the locality with which it is traditionally associated.”
“A club’s name, home shirt colours and crest are intrinsic parts of its heritage, and therefore the decision to materially change any of them requires considered thought and consultation. The clause requires a club to establish that a majority of domestic supporters approve any material changes to its badge or predominant home shirt colours. In practice, we expect that to take place through a formal survey of fan opinion, as happened last season when Bristol Rovers supporters opposed the final proposal put to them, resulting in the club halting the redesign of its crest. The clause also requires clubs to get Football Association approval prior to changing the name their team plays under.”
“That is a very good question, and I feel my officials thinking, “Not another letter!” If the hon. Gentleman does not mind, we will write to him. I apologise to my officials, who have enough on their plate, but I want to make sure I am not saying something that is not correct. The existing FA rule has been used to prevent name changes that have been proposed in the past against the wishes of fans, as happened at Hull City, for example. Codifying that as a legal duty will mean that there are additional powers to ensure that clubs do not make changes without proper approvals and to respond to instances of non-compliance. I commend the clause to the Committee.”
“I absolutely have confidence that the FA rules will apply. Question put and agreed to. Clause 49 accordingly ordered to stand part of the Bill. Clause 50 Duty to notify of changes in circumstances relevant to the IFR’s functions Question proposed , That the clause stand part of the Bill.”
“In order to regulate clubs effectively, the regulator will need the complete picture of each club. Complete transparency and timely updates will allow the regulator to stay abreast of any relevant changes. That is why clause 50 imposes a duty on all regulated clubs to notify the regulator of any material changes in circumstances relevant to the regulator’s functions as soon as reasonably practicable. For example, the club’s finances might have materially changed, or the club might no longer comply with the licence condition. The self-reporting will facilitate the regulator’s ongoing real-time monitoring of clubs.”
“Once the statement is approved by the regulator, clubs must publish it online, increasing transparency and accountability in football. Subsequent statements must be submitted to the regulator if an old statement becomes out of date, such as after the departure or hiring of an officer.”
“The owners and officers who control and run football clubs are vital for clubs’ sustainability. The regulator therefore needs to know who is running a club behind the scenes, so that it can implement the regime. The Bill requires licensed clubs to prepare a personnel statement and submit it to the regulator for approval. A personnel statement must outline each of the club’s owners and the club’s ultimate owner; officers and the job description of each officer; and senior management and their roles at the club. Once the statement has been submitted, the regulator will review it and decide whether to approve or modify it. Any modification must be made in consultation with the club to ensure that the statement is accurate.”
“For the reasons I have set out, I am not able to accept the amendment from the hon. Member for Sheffield South East, so I hope he will withdraw it.”
“However, requiring the regulator to be guided by a percentage of a club’s annual revenue in its levy calculations could undermine its ability to ensure that the charges are proportionate and affordable. In addition to revenue, the regulator should have the discretion to take into account clubs’ other financial resources when determining levy payments, which may be a more appropriate indicator of what a club’s charges should be. That could include resources such as owners’ funds, but also the offset of club expenditure. Clause 52 already provides assurance that the regulator must take into account clubs’ differing financial circumstances. That includes clubs’ financial resources and the leagues that club teams play in, as that ultimately has a direct link to revenue.”
“The Government understand that the intent behind the amendment is to create certainty about how the regulator’s levy charges will be distributed between clubs. The clause gives the regulator the necessary discretion to determine how the levy is calculated and the individual charges to be paid by clubs. The Government do not have the information or datasets required to determine the appropriate way to calculate levy payments, but those will be available to the regulator. Therefore, the regulator, rather than Government, will be best placed to determine how to distribute levy charges across clubs. Importantly, that reinforces the regulator’s operational independence. I strongly support the objective that levy charges should be affordable to clubs, which is why there is already provision that should ensure that.”
“The levy is an operational matter that should be determined independently by the regulator, and it would not be appropriate for the Government to make the assessment. As I say, running costs will be checked by both the DCMS and the Treasury.”
“In line with the principles of transparency and accountability, the regulator will be subject to “Managing Public Money” guidance, and its forecast running costs will be subject to review by the Department for Culture, Media and Sport and the Treasury. The clause also gives the regulator discretion regarding the method for calculating the levy and in setting the levy payment level for individual clubs. To ensure that the regulator takes into account clubs’ differing financial circumstances, and to prevent charges from being unaffordable for clubs, clause 52 requires the regulator to take into account a club’s financial resources and the league it plays in. Clause 53 imposes a statutory duty on the regulator to consult regulated clubs and the Government on its levy rules.”
“Clause 52 will allow the regulator to charge a levy to licensed clubs that covers the regulator’s running costs, following the precedent of other regulators, such as the FCA and Ofcom. The cost of the regime will be paid for by licensed football clubs. By making football clubs more sustainable in the long term, the regulator will be providing a service to the industry. As the industry would benefit from regulation, it is logical that it, rather than taxpayers, should cover the cost. The legislation puts robust checks and balances on the regulator, which will be limited to raising funds to meet its annual regulatory running costs. That includes the costs of ongoing regulatory activity, additional money for new activities, and costs associated with recouping set-up costs.”
“The reality is that, to help it understand the specifics of club finances, the regulator will have at its disposal information that we do not have at the moment. If we set the levy by percentage, we may unintentionally cause a problem for some clubs and cause an unintended consequence. The regulator will be best placed to make sure that the levy is proportionate, which is why we want the regulator to determine it. My hon. Friend is right, in the sense that some clubs will pay more for a player than most clubs earn in a year, but we will make sure that the levy is proportionate. I understand the points the hon. Member for Sheffield South East made, and I have heard what some of the smaller clubs have been saying, but I am confident we will be able to achieve that aim.”
“I beg to move amendment 23, in clause 54, page 43, line 29, leave out “23” and insert “24”. This amendment corrects a cross-reference in clause 54(1)(b).”
“If a relevant league has certain pertinent information, given its knowledge and understanding of the football industry, it must tell the regulator. Equally, if the relevant league is intending to take certain action that might impact on the regulator’s regime, it must engage with the regulator. That will allow for co-operative regulation whereby information is pooled and action can be co-ordinated. That should help both the regulator and the relevant leagues to deliver their respective regulations more effectively, and ultimately minimise the overall burden on clubs.”
“Amendment 23 will correct a cross-reference in the Bill, to ensure that clause 54(1)(b) correctly refers to section 24. Clause 54 outlines the circumstances in which a relevant league must notify the regulator whether, for example, it believes or suspects that a club has breached one of the league’s own rules that is relevant to the regulator’s regime. The clause also requires that a relevant league consult the regulator when it is considering changing its own competition rules where a rule is relevant to the regulator’s regime. Just as the regulator is required to consult the industry in certain circumstances, these duties on relevant leagues will ensure appropriate notification and consultation in the other direction, too.”
“I can confirm that I am confident. Question put and agreed to. Amendment 23 accordingly agreed to. Clause 54, as amended, ordered to stand part of the Bill . Clause 55 PART 6: OVERVIEW AND INTERPRETATION”
“We are creating a financial regulator, and it is entirely right that we solve issues like this through financial regulation wherever possible.”
“Including parachute payments in the backstop means that the regulator could be presented with two entirely incomparable final proposals, which could render decision making almost impossible, but it is important to remember that the backstop may never be triggered, and is only ever intended as a last resort. We expect the leagues to reach a football-led solution themselves and will continue to press them to do so. I recognise there are also concerns about the potentially distortive effects of parachute payments, and that is why the broader regulatory framework is designed to address it. If the regulator finds that parachute payments are causing a structural or systemic issue, it could attach discretionary licence conditions to parachute payment clubs to address that.”
“It could mean the regulator accepting a final proposal from one of the leagues that removes those payments, and if the mechanism allowed for that, it could create significant financial uncertainty for clubs that could not confidently invest in promotion. My hon. Friend the Member for Chatham and Aylesford also mentioned the commercial agreements that are in place. An exciting, competitive and sustainable pyramid is at the heart of what makes English football the asset that it is, and we should not put that at risk. We have excluded parachute payments from the backstop, because it needs to be targeted and simple to work effectively.”
“As I mentioned on Second Reading, in the past, relegation from the Premier League often meant financial ruin, as teams such as Bradford City failed to adjust to the huge drops in revenue. Given the important role that parachute payments play in helping to ensure the financial sustainability of relegated clubs, removing them entirely could have significant adverse effects on the game, and we do not want to create an opportunity through the Bill’s distribution mechanisms to get rid of parachute payments by the back door. Including parachute payments in the Bill’s scope, as amendment 27 proposes, could do just that.”
“I must say that I almost want to stand up, say what other Members have said and sit down again. I agree with everybody else: I wish we were not at this stage and that there had been a deal between the parties concerned, because it is in the interests of football for them to come up with a deal. I hope that the mechanisms we are talking about will enable us to encourage that deal to happen sooner rather than later. On amendments 27 and 31, although the parachute payments can have the distorting effects outlined, they play a pivotal role in protecting clubs at risk of relegation from going bankrupt, as others have said, and certainly give certainty to clubs competing for promotion.”
“The whole point is that the regulator can look at financial controls and make discretionary licence conditions if it wants to try to minimise that impact. However, if the backstop ever gets triggered, if two very different bids are put in, the regulator is put in an incredibly difficult position; in contrast, if those backstop payments are there, the two sides will be able to adjust their bid to address it in another way, such as by improving the solidarity payments to other clubs as a proposal to reduce that cliff edge. That is the point we are trying to make. As I say, I cannot accept the amendment that the hon. Member tabled and I hope he will withdraw it.”
“That ensures that the backstop powers are used only in a reasonable timeframe and not for the remote future. I commend the clause to the Committee.”
“There are safeguards on the use of this power, as the Secretary of State must consult the regulator, the FA and the relevant leagues, and can use the power only when there has been a material change in circumstances. The exclusion of parachute payments in the clause is to ensure that the two final proposals can be easily compared. That is based on detailed analysis and advice on similar mechanisms. However, as mentioned, the regulator will still be able to consider parachute payments through the licensing regime. The clause also sets out several other definitions, including the idea of a “qualifying football season”. The effect of this definition, together with the operative clauses in this part, is that the backstop can be triggered only in relation to the current season and the five subsequent seasons.”
“These backstop powers have been designed to incentivise reasonableness, encourage industry solutions and tackle any bargaining imbalance between the leagues. The clause sets out an overview of those backstop powers and defines some terms that are important for setting their scope. One key term defined in the clause is relevant revenue. It expressly includes broadcast revenue, which is the predominant source of revenue for the relevant leagues and of any redistribution. The clause allows the Secretary of State to specify other kinds of revenue to be included as relevant, which will future-proof the policy—for instance, if broadcast revenue is no longer the main source of income for the leagues.”
“As I mentioned, it can introduce a discretionary licence condition. There will be a range of options that the regulator may consider, but it will have discretionary licence conditions that it could put on clubs in receipt of those payments that will manage the amount of money they are spending while helping to keep clubs financially solvent and sustainable. That is the point I am trying to make. By way of background to clause 55, the Premier League earns significant revenues from selling its TV rights. It then determines how much of its broadcast revenue is distributed within its own league, and how much is distributed to the rest of the game, including the EFL and the National League.”
“The potential harm that that can cause to fans and the local communities reliant on the clubs is unacceptable, and the industry has not been and is not doing enough to tackle the risk. That is why we are intervening here, and that is the Bill’s purpose. The clause explains that the purpose of the Bill is “to protect and promote the sustainability of English football.” It goes on to define that, for the purposes of the Bill, sustainability refers to a continuation of service in the interests of fans and for the wellbeing of local communities. In essence, clubs should not be lost to their fans and communities now or in the future, be that through financial collapse, relocation 60 miles away or turning their back on their fans to join a new breakaway competition. I commend the clause to the Committee.”
“It is a pleasure to serve under your chairmanship this afternoon, Sir Christopher. I thank members of the Committee for their time and commitment, and I thank all the officials who have done an enormous amount of work in preparing the Bill. It would be remiss of me not to thank my hon. Friend the Member for Chatham and Aylesford for all her work on preparing it. Clause 1 sets out the purpose of the Bill and summarises what each part of it provides for. Its purpose is crucial: it underpins the regulator’s entire regime, as the regulator will be obliged to act in accordance with it at all times, so far as is reasonably practicable. Since the fan-led review was published, the Government have been clear that the pre-eminent failure in this market is the growing risk of football clubs being unable to continue providing their service.”
“I thank the hon. Lady for her opening comments. She will know from our engagement that we centre fans in the whole of the Bill’s process. She is right that as we go through line-by-line scrutiny, I will be able to give more indications that fans need to be consulted when it comes to important decision making by clubs up and down the country. Some clubs are doing that brilliantly, but we need to raise the bar. I hope that the provisions in the Bill will ensure that that happens and that fans will rightly be at the centre of the clubs they support. Question put and agreed to. Clause 1 accordingly ordered to stand part of the Bill. Clause 2 Key definitions Question proposed, That the clause stand part of the Bill.”
“To ensure that clubs have suitable custodians, the regulator needs to identify the person with actual control at the very end of that chain, rather than the holding companies or the legal structures that are just links along the way. That is why, under the Bill, only individuals or registered societies are defined as club owners. Registered societies are specific legal structures defined in clause 91. They must be run as co-operatives or for the benefit of the community. When used by fans for collective ownership of professional football clubs, they are typically “one fan, one vote” organisations in which control is split equally between hundreds or thousands of members. As such, they do not concentrate influence or control with just a few individuals.”