Regulator government ‘objectives’ clause under pressure

Pressure is mounting over a controversial clause included in a draft version of the bill that will introduce an independent football regulator in England.

The Football Governance Bill was announced by the previous government and reintroduced in this summer’s King’s Speech following the Labour Party’s election victory.

It provisionally has a clause requiring the proposed regulator to consider the “foreign and trade policy objectives” of the UK government when taking decisions.

In a letter to Culture Secretary Lisa Nandy, Uefa warned government “interference” could lead to co-hosts England being barred from Euro 2028.

European football's governing body added the clause “requires further clarification and understanding” .

A fans group and a band of clubs in favour of reform say the clause must be altered or withdrawn entirely prior to finalisation if the regulator stands a chance of delivering fair and accurate ruling in English football.

“It is important that the regulator is entirely independent from politics and that we are not looking at a state regulator here,” Football Supporters’ Association CEO Kevin Miles told the BBC.

“This has been a controversial clause for a long time. It is essential that the clause is amended.

“Uefa have a valid point. We would certainly support the change of that clause to make sure the regulator is not directly bound by government foreign policy. The regulator should be making its own decisions independently about owners and directors.”

Former UK sports minister Dame Tracey Crouch, who chaired the fan-led review into football governance that led to the recommendation of an independent regulator, previously proposed an amendment to the bill that would have meant the regulator “may” consider the government’s foreign and trade policy interests as opposed to “must”.

The amendment was withdrawn before it was voted on.

The Times reported, external on Monday that the UK’s senior intelligence service MI6 was involved in discussions with the British government over the Saudi Arabia-backed Public Investment Fund’s takeover of Newcastle United, which was finalised in 2021, leading to further concerns about government involvement in decisions about the running of football clubs.

“It just adds weight to the need to have proper strong independent regulation looking into how football operates,” Niall Couper, the CEO of Fair Game, a band of 40 English clubs that campaigns for reformed governance in football, told the BBC.

“When you start seeing this kind of high-level government intervention, red flags start waving all over the place.

“Decisions about who can and can’t buy a football club are being decided on a whim of the government policy of the day.

"That is a really significant concern, and obviously when you’ve got MI6 and high-level government figures being involved, you start to ask deep questions about are these the right people to be running our football clubs?

“Either rip [the clause] out or at least add clarity in there so we have a bit more security about who is buying our football clubs.”

In response to questions posed by the BBC, the Department for Culture, Media and Sport said: "The Football Governance Bill will establish a new Independent Football Regulator that will tackle the fundamental governance problems in the game, empower fans and ensure that English football is sustainable for the benefit of local communities going forward."

The government is expected to publish a new version of the bill in the coming months.