British politics has turned itself on its head this year. The Labour government has adopted right-wing policies targeting benefit claimants and immigrants using the language of Enoch Powell. The Tories meanwhile have U-turned so often and so fast it has been like watching a spinning top. And football has been kicked about between them.
Tories – including West Ham’s very own Lady Brady in the House of Lords – have been lining up to attack the proposed regulator for English football. The fan-led review of football that proposed the regulator was led by Conservative MP Tracey Crouch. It was a Tory manifesto commitment and the original bill was proposed by then Conservative secretary of state for sport Stuart Andrew.
The Tory U-Turn on Regulation
But like fake footy fans who switch teams each season, the Tories have changed shirts. Tory leader at the time of writing – they don’t necessarily last long – Kemi Badenoch has said she never agreed with the idea of a regulator.
That came as a surprise to the West Ham United Supporters’ Trust (WHUST) because one of our board members is Badenoch’s constituent. He has written confirmation from her a year earlier that she was fully behind the regulator. The Football Supporters’ Association used this email to embarrass Badenoch in public.
After Lady Brady’s swathe of wrecking amendments all fell, the Tories came up with a desperate motion to blow the full-time whistle on the regulator bill. And it was the man who drafted the original Tory version of the Bill (mostly still intact), Stuart Andrew, who proposed it.
A Rout in the House
‘This House declines to give a second reading to the Football Governance Bill [Lords], because, notwithstanding the need for financial sustainability in the English football league pyramid, the regulator proposed to be established by the Bill will damage the independence of English football, particularly given the government’s proposed choice for the chair and because the Bill will increase the regulatory burden and costs on all English football clubs – particularly lower league clubs – leading to increased ticket prices for fans and will in turn reduce the international competitiveness of, and increase the risks to, English football.’
Andrew, by then a totally twisted contortionist, pulled his head out of his own backside just long enough to see that motion fall by 337 votes to 74. It was a rout. The Bill passed its second reading by 342 votes to 70.
The Tories, so used to giving influential jobs and lucrative contracts to their biggest party donors, took umbrage when Labour stole their clothes and did just that. The government named David Kogan as chair of the new regulator. Kogan has experience of negotiating TV rights deals and knows football inside out.
The Independent Chair Controversy
But he has also donated to the Labour Party. The Tories jeered and shouted and claimed he had breached the ministerial code by not declaring the donations. But the BBC fact-checked and the donations were so small they were below the threshold for mentioning.
MPs approving the appointment said he had to work 110% to show he was independent and not politically biased. Kogan committed to make no donations while in office.
And the shadow regulator is already being built and has been busy seeking fans’ views. It sent questionnaires to West Ham’s new Fan Advisory Board (FAB) so the combined fan groups could have their say.
WHUST: Watching the Club Like a Hawk
But the shadow regulator also separately sent the survey to WHUST. It gave us the opportunity to flag the limitations of the current FAB, with examples of where the club was still abusing its position.
WHUST was able to identify specific issues where the regulator could help enforce better consultation, such as by restricting the information that had to remain confidential and listing the data that clubs must share with fan groups to enable meaningful analysis. West Ham is notoriously poor at this.
We also raised concerns that the club can choose to work with individuals or individual groups when it suits the club. But it then refuses other requests, saying everything must go through the FAB. We said: ‘West Ham will have to be forced to consult properly… It will need to be watched like a hawk and penalised publicly for breaches of agreed terms and protocols – individual board members by name, not just general club-based penalties.’
Ending the Delays
And we raised one of the biggest bugbears, the slow pace and the delays the club introduces to avoid effective decision-making. ‘The regulator will also need to monitor the speed with which activity happens and the fullness of the replies to fan-raised issues,’ WHUST submitted.
There is a brief opportunity now for further submissions of evidence. The Public Bill Committee on the Football Governance Bill [Lords] will meet for the first time on Tuesday 3 June and is expected to report by 5pm on Thursday 26 June, though it may do so sooner. So if you want to have your say, email: scrutiny@parliament.uk
After that there’s a third reading, probably in early July. Then, if amended, the Bill goes back to the Lords for their approval. With a fair wind, the Bill should be on the statute book by the summer recess.
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