My Lords, this group and the discussion we have had reflect the value of the style of debate that we have in your Lordships’ House. I welcome the opportunity for us to work with noble Lords from across the House to refine the Bill. We thought the Bill was good when the previous Government had it; we thought our version was very slightly better; and we have the possibility of sending an even better version to be considered in the other place.

In starting my response to the comments made during this short debate, and with appropriate and due impartiality, I am very happy to pass on my best wishes to Liverpool FC—I will not comment on the score. Whichever team anyone supports, I think all noble Lords can agree that without players we would have no game. On that basis alone, it is right that they are included. I thank the noble Lords and my noble friends who have signed the Government’s amendment on that, and who took time to talk us through where it should sit within the Bill.

A lot of the discussion relates to definitions—whether about a light touch and what that means, or about fans and who they are. I want to say a little more about fans. The Government do not see themselves as the arbitrator of who counts as a football fan. That is something that fans and clubs themselves are in the best position to understand and discern. The makeup of a fan base differs from club to club; this diversity is part of the reason why the English football pyramid is so special. This is why the Government have introduced this legislation to protect English football by making it more sustainable and to help put fans back at the centre of their clubs, amplifying their voices on the issues that matter to them.

On the question from the noble Lord, Lord Evans of Rainow, about how the regulator will engage with fans, it will do so on a case-by-case basis. I would be happy to arrange for the noble Lord to speak to the shadow regulator team to provide him with more information about how it might do that. The regulator, once established, will be able to provide guidance for clubs on how to best consult fans. This will ensure that clubs have an appropriate framework in place that allows them to regularly meet and consult this group on key strategic matters and supporter interests.

The noble Lord, Lord Pannick, asked the key question about whether the regulator will have to ask itself whether intervention will address some substantial mischief, is likely to achieve some substantial benefit and is required because a similar outcome could not be achieved by a less burdensome means. That is our understanding. If that is the noble Lord’s understanding of where we are going with this amendment, that understanding is correct.

The noble Lord, Lord Birt, spoke about the risk of both underregulation and overregulation. This is about balance; we have added a new regulatory principle to achieve this aim, but we still think this will mean that the regulator will be effective. This is key, as both the noble Lord, Lord Birt, and the noble Lord, Lord Addington, made clear. The first part of this new principle of considering

“whether the requirement or restriction is necessary” directs the regulator towards a light-touch approach to intervention as a whole, acting only where it needs to. I do not think we are a million miles away from where the noble Baroness, Lady Brady, thinks we should be, and I am happy to meet with her again to talk this through a bit further should she find that helpful.

The second part of the new principle ensures that any intervention that is considered necessary is as light-touch as possible by directing the regulator towards the least burdensome mechanism available in the specific circumstances of the outcome sought. Amendment 18 facilitates the regulator to take a different approach to clubs, alongside the proportionality principle, to ensure that each action taken by the regulator is the least burdensome it can be. We have not chosen to call that light-touch in the regulation, but it is intended to be light-touch. With that, I commend Amendment 17 to the House.

Amendment 17 agreed.