Football Governance Bill [HL] - Committee (3rd Day) – in the House of Lords at 4:30 pm on 4 December 2024.
Lord Parkinson of Whitley Bay:
Moved by Lord Parkinson of Whitley Bay
20: Clause 2, page 2, line 31, leave out from “competition;” to end of line 34
My Lords, in moving Amendment 20, I will speak also to my Amendment 22. These amendments, while technical in nature, address some important issues underpinning the Bill: the preservation of integrity, clarity and fairness in football governance across the whole nation, alongside the safeguarding of competition and community interests.
My amendments are necessary on the basis that the English football pyramid is littered with examples of English teams playing in Welsh or Scottish league systems, or vice versa. I understand that Cardiff City FC has played in the English football pyramid for 104 years, famously winning the FA Cup in 1927, and, more recently, reaching the FA Cup final in 2008. Its participation in the English football pyramid does not make Cardiff an English club—at least, it would take a very bold person to say that to a group of Cardiff fans.
Similarly, in the case of Wrexham AFC, as I am sure that many noble Lords are aware and have been aware for longer than I have, Wrexham has been in the English football system even longer than Cardiff, having joined an early English football league known as the Combination as far back as 1890. It is, proudly, the third-oldest professional association football team in the world. Although the club has suffered from financial hardship down the years, Wrexham has recently had new life breathed into it by its purchase four years ago by the Canadian actor Ryan Reynolds and the American actor Rob McElhenney. The attendant publicity from the docuseries “Welcome to Wrexham” had a significant impact on the club’s renown, leading to it acquiring a new, global fanbase, without precedent for a team that was in the fifth division at that point. I had the pleasure of visiting its Racecourse Ground when the club was supporting Wrexham’s excellent bid to become the UK City of Culture for 2025. I saw how rooted the club was in its community and the great work it was doing on behalf of the whole wider area.
I hope that those two historical examples provide instructive and relevant information on the point that I intend to make. It is foreseeable that, if the Bill is read on its simple meaning, it could apply only to English clubs. That could lead to a grave lacuna whereby the regulator is instructed to regulate English clubs only but not all football clubs in the English football pyramid. I know that that is not the intention, but with my probing amendments, I hope to seek clarification on that point.
We do not want a case where Swansea AFC, Cardiff City, Wrexham AFC, Newport County, Llansantffraid and others could be in a unique position where they play football against regulated clubs but are themselves unregulated. I have added my name to the amendment tabled by my fellow Northumbrian, the noble Lord, Lord Beith—I believe he was born in Cheshire, but his 42 years representing Berwick-upon-Tweed makes him a Northumbrian in my eyes—who is seeking reassurances for a team closer to home for us both. I hope that the Minister will be able to allay the concerns that he has raised through his amendment as well and set our minds at rest on this important matter. I beg to move.
My Lords, I am grateful to the noble Lord for his introduction to what I am going to say about Berwick Rangers. I declare an interest as having for some years been the honorary president of Berwick Rangers Football Club, which has existed for 143 years. During virtually the whole of that time, it has played in Scottish leagues, despite its stadium being in England. My amendment is there simply to secure clarification, which I am confident the Minister can give—although clarification would not necessarily survive subsequent amendment of the parts of the Bill to which I shall refer.
It appears to me that none of the regulatory provisions applies to a team in a competition that has not been specified by the Secretary of State. Under Clause 2(3), the Secretary of State does not have power to specify a competition in which the majority of the teams are not English teams. Thus, the Secretary of State could not designate the Scottish League, or the Lowland League or the Scottish Cup, in all of which Berwick play or have played.
Furthermore, Clause 15 makes it clear that operating licences are required only for a club operating a relevant team, which is defined in Clause 2(1) as a team participating “in a specified competition”. That would not apply to Berwick Rangers, because competitions in which they play could not, under the Bill, be specified. However, references in the same clause to a club with a stadium in England does raise in people’s minds the question about whether the Bill could be extended to Berwick—which would not be the Government’s intention, I am quite sure. Not only do they not seek to extend the Bill to Berwick Rangers, I do not think they are trying to move into the world of Scottish football, which, as the noble Lord, Lord Reid is well aware, is quite distinct in many respects, some of them desirable, some of them perhaps less so.
It has been the privilege of Berwick-upon-Tweed to play in Scottish football for almost the whole of its existence. Indeed, it has led to occasions on which we have played Glasgow Celtic, when I was able to welcome the noble Lord, Lord Reid, who came with the team for that fixture. We have played Glasgow Rangers on a number of occasions, defeating them in 1967 and holding them to a draw in the Scottish Cup on another occasion. To have a club playing such distinguished teams is obviously an asset to a town and, if there is any regulatory structure to be put in place, it should be the same one as for other teams in the Scottish league in which they play.
Berwick’s notable history is a very powerful case for making sure that any legislation deals properly with it. I am confident that the Government have no intention of causing us problems in this respect, but it would be helpful if the Minister could give us some clarification and would keep the matter in mind if there is any redrafting of this part of the Bill.
I just want to make a point that has emerged in this short debate—or has become obvious to me in it. The first thing is to say to the noble Lord, Lord Parkinson, that I take issue with his characterisation that England is “littered” with clubs from Wales. There are only four. There is another one at level 6, Merthyr, but that is not the point I want to make. I am concerned, looking at Clause 2, that subsection (3) refers to
“teams that are members of … or … participate in” competitions being
“exclusively or predominantly English teams”.
However, Clause 2(4) says a team
“is an ‘English team’ if the ground at which the team customarily plays its home matches is in England”.
These are contradictory because, as we have heard, there are two Welsh clubs in the Championship, one in League One and one in League Two. So I think perhaps on Report there will have to be an amendment, which I am happy to bring forward if it is helpful to the Minister.
I also take the point that the noble Lord, Lord Beith, makes about Berwick Rangers, who made a contribution to Scottish football over many years. I was sorry to see them drop out of the Scottish League and I hope that they will soon be back. But they do play in Scottish football still at a lower level. It is unusual; UEFA, the governing body for European football, is very strict on clubs not playing their matches in another country. The practice of Welsh clubs playing in the Welsh FA Cup and representing their teams and cities in Europe was stopped by UEFA. Now it is only the much smaller Welsh clubs that are able to do that, because UEFA said that clubs had to choose which jurisdiction they were playing under. The only other example I can think of within the UK is Derry City. For reasons that might be quite obvious, since Derry is right on the border of the Republic of Ireland, they play in the League of Ireland, not the NI Football League.
So it is very difficult for clubs to play in another country and get permission from UEFA. For historical reasons, the case of Berwick Rangers will remain. However, I am concerned that the Bill seems, in Clause 2(3) and (4), to be contradictory. It must be set out there that this does not preclude clubs in Wales from being regarded essentially as English clubs—which, to all intents and purposes in terms of playing, they are.
I will make one small and quick point. We talked about this being for fans and the traditions of the game. These accepted historical changes to the structure are something that most people involved in football accept. I hope that when the Minister replies she will accommodate them. If not, a small amendment would be appropriate.
My Lords, I support all the amendments in this group. I spoke at Second Reading on issues affecting Welsh clubs and it is a pleasure to speak to this group of amendments.
The New Saints perhaps offer a different Welsh perspective from those that we already have heard. TNS FC, known for a brief period as “Total Network Solutions” after a sponsorship from a local IT firm, are a Welsh professional football club that play in the Cymru Premier League but is based completely in England—in Oswestry, Shropshire. I declare an interest as that is where I was born. TNS are the most successful club in the Welsh league structure, with 16 league titles to their name. Recently, they became the first side playing in the Welsh system to qualify for the group or league stage of any European competition after reaching the league phase of the UEFA Conference League. They play in the Welsh league because the club was formed in the village of Llansantffraid, on the Welsh side of the border, in 1959, later merging with Oswestry Town, based in Shropshire, in 2003.
TNS FC sit at the pinnacle of Welsh domestic football, while occupying the peculiar position of being a club based in England. Does the Minister not agree that it would be unfair that TNS would be the only club playing in the Welsh top division to be regulated? Would it not create a difficult situation for Welsh football if a club with Welsh roots, playing in the Welsh league but geographically situated in England, had to comply with regulations that other teams in their league would not, perhaps creating a competitive disadvantage?
I thank noble Lords for their support for this group and apologise to the noble Lord, Lord Watson of Invergowrie. “Littered” was probably not a well-chosen word. I meant it in the sense of an adorable litter of puppies that enhance the joy of all of us. I am grateful too to my noble friend for giving another example in the shape of TNS. They seem to be the football league equivalent of him—both a Shropshire lad and a man of Harlech. I am grateful to the noble Lord, Lord Beith, for setting out his Amendment 23 and hope that the Minister can allay the concerns that have been raised on behalf of all these clubs and others in similar situations.
I thank the noble Lords, Lord Parkinson of Whitley Bay and Lord Beith, for their amendments to Clause 2 and the opportunity they present for me to clarify this matter.
Amendments 20 and 22 in the name of the noble Lord, Lord Parkinson, would allow the Secretary of State to include in the regulator’s scope competitions that are not exclusively or predominantly made up of English teams. This would mean the loss of an important protection that, as currently drafted, ensures Welsh football competitions could never be brought into scope. The noble Lord will be aware that sport is a devolved matter for Senedd Cymru, the Scottish Parliament and the Northern Ireland Assembly. Therefore, if intervention of this nature was deemed necessary within Welsh, Scottish or Northern Irish football, it would be for their respective legislatures to take forward.
While I am on the subject of Welsh football, I take this opportunity to congratulate the Welsh national team, who qualified for the Women’s Euros last night. It is the first time in their history they have qualified for a major tournament. This is a fantastic achievement and one I am sure your Lordships will want to join me in celebrating.
On Amendment 23, I understand the aim of the noble Lord, Lord Beith, to ensure clubs are not inadvertently captured by the regulator’s regime or left out—for example, where they are based in England but compete in the Scottish league system. I reassure him that the Bill already sufficiently protects against this risk. Only clubs competing in competitions specified by the Secretary of State will be subject to regulation, and the Secretary of State can specify only English competitions. Therefore, clubs such as Berwick Rangers, which is part of the Scottish pyramid, cannot be subject to the scope of the regulator as long as they do not play in English competitions. Conversely, clubs playing in those specified English competitions, including Welsh clubs, will be regulated.
I am happy to meet noble Lords to discuss this further if that would be helpful but, for the reasons I have set out, I am unable to accept the noble Lords’ amendments. I hope that they will not press them.
I am grateful to the noble Baroness. As she could hear from the cheer, I think we all associate ourselves with the congratulations that she offered to the Welsh women’s team. It is marvellous news. I thank her for the reassurances. As the noble Lord, Lord Addington, said, these are some of the quirks of our history that we celebrate through football, which we play across these islands. I am grateful to the noble Baroness for the clarification she has set out and I beg leave to withdraw my amendment.
Amendment 20 withdrawn.
Amendments 21 to 25 not moved.
Clause 2 agreed.
Amendment 26 not moved.
Clause 3: Meaning of “owner” etc