Independent Football Regulator

Commons Urgent Question

The following Answer to an Urgent Question was given in the House of Commons on Wednesday 12 November.

“In 2021, the former Prime Minister, Boris Johnson, set up the fan-led review of football, and selected Dame Tracey Crouch to chair it. This led to a clear recommendation for an independent football regulator, which was strongly endorsed by Members from all sides of the House. The previous Government promised that they would deliver this regulator, but they did not, leaving fans in the lurch as a result. This Government made it a priority and passed that legislation within our first year, because we are fully committed to protecting football clubs across the country.

To make that a reality, the Minister for Sport confirmed David Kogan as the chair of the Independent Football Regulator on 6 October. David Kogan was the exceptional candidate, warmly endorsed across the world of football and by the cross-party Select Committee on Culture, Media and Sport.

As the House will be aware, the Commissioner for Public Appointments conducted an investigation into the appointment itself, which was released last week. I am pleased that the report does not question the suitability of Mr Kogan as chair of the IFR. The report also makes it clear that I did not personally know about the donations to my leadership campaign at the time that I selected him as the preferred candidate. It also recognises that, as soon as I became aware of the donations, I chose to declare them and chose to recuse myself from the remainder of the process.

However, as I have made clear, I acknowledge the findings of the report. The commissioner was clear that the breach around donations to my campaign was unknowing, but I recognise that the highest standards were not met. As the Secretary of State for the department that ran this appointment, I take full responsibility for that, and it is for that reason that I wrote to the Prime Minister and apologised for the error. I will, of course, ensure that lessons are learned from this process with my department.

Our focus now is to make sure that no fan ever has to go through what my constituents and I lived through in Wigan. Implementing this regime to help protect clubs in financial peril, and putting the interests of fans up and down the country first, is a priority for this Government and, led by David Kogan, the Independent Football Regulator will get on with the job.

We are here today to debate process, but this is also about real-world impact. Fans up and down the country need us to get on with delivering on our promise and making a difference. This is for Derby County and Scunthorpe United, for Morecambe and Sheffield Wednesday, for Wigan, Reading, Macclesfield Town and Bury. We are putting fans back at the heart of the game, where they belong”.

My Lords, these three breaches of the appointments code are not just about trust in government. UEFA and others have made it clear that English teams’ participation in foreign competitions depends on the new regulator’s independence.

Mr Kogan certainly appears to be very lucky. He did not originally apply to be chairman and was allowed to apply after the deadline had passed. He withdrew from the process last November, so was not one of the 10 people interviewed or three found appointable. He was reinserted in March by the Secretary of State, having previously made two donations to her Labour leadership campaign—something she says she did not know about. He was given his own interview. Within six hours, he was her preferred candidate,

“subject to No. 10 giving the green light”.

A note was sent to the Prime Minister, whose leadership and general election campaigns Mr Kogan had also donated to, and the Prime Minister gave his approval. He now says he should not have done that.

When this Urgent Question was taken in another place last week, the Secretary of State said this was not a prime ministerial appointment. If that is the case, why did she send the Prime Minister a note asking for the green light? If the Prime Minister had agreed with Sir Laurie Magnus that he would play no part in the appointment of the regulator, how can he play a part in exonerating the Secretary of State for these multiple breaches of the code?

That was quite a lot of questions in one question. I will do my best to answer the noble Lord, but on his points about UEFA and the success of the Independent Football Regulator, I want to make it very clear that the report does not question the suitability of Mr Kogan as chair of the IFR. The plight of clubs, including Sheffield Wednesday, shows why the Government were right to establish the IFR, which is to put fans back at the heart of the game, where they belong.

The noble Lord asked about the Prime Minister’s reply to a note. The Prime Minister’s letter to Sir Laurie Magnus on this point shows that he knew that the decision was for the Secretary of State. He replied on the basis that the decision had been taken. He made it clear that it would have been preferable for him not to have been given the note or confirmed that he was content, and he sincerely regrets this. The Football Governance Act is clear that DCMS Ministers alone make appointments to the board of the IFR. In practice, in the end, David Kogan was appointed as chair of the IFR not by the Secretary of State nor by the Prime Minister but by the Minister for Sport.

My Lords, if we are to assume that this is cock-up and not conspiracy, can the Minister assure us of the process that will happen next time to make sure that this does not happen again? Also, it might be helpful for this ongoing situation if we could get some definition of what we are looking for as regards the success of the Independent Football Regulator.

The department has reviewed all appointments processes to ensure that this issue does not arise again. We will work with the Cabinet Office and the commissioner, as per the recommendation in the report. On what success looks like for the Independent Football Regulator, I know that the IFR under David Kogan will protect clubs, empower fans and keep clubs at the heart of their communities, which is exactly where they belong.

My Lords, whatever the imperfections —and there manifestly were some—identified by the commission in the selection process, Mr Kogan did not apply but was invited to apply for the regulator post when it was first advertised, as the noble Lord, Lord Parkinson, just reminded us, under the previous Conservative Government. Does the Minister agree that whether Mr Kogan had been appointed under a Conservative or a Labour Government, it would have been solely because of his unique ability and expertise, which are widely admired right across football?

There is no doubt in my mind, and I know in the minds of noble Lords from across your Lordships’ House, that David Kogan is supremely qualified for the role to which he has now been appointed. As the noble Lord highlights, he was approached under the previous Government for this role and is eminently qualified for the job.

My Lords, the Hillsborough law that this Government are introducing will make it a criminal offence for an elected official to mislead the public even if he or she did not intend to do so. Does the Minister agree that, had the Public Office (Accountability) Bill been on the statute books, the Prime Minister would now be liable for prosecution for telling his independent ethics adviser that he had recused himself from the appointment of David Kogan, only to then sign off on David Kogan’s appointment?

Absolutely not. The Prime Minister replied, as I have said previously, on the basis that this decision had been made, and he made it clear that it would have been preferable for him not to have been given a note or confirmed that he was content. He sincerely regrets this. As I have previously stated, the Football Governance Act is clear that this is a matter for DCMS Ministers alone.

My Lords, it is a shame that the Opposition are sniping away at something that they first supported when they were in government. They proposed a regulator to ensure that the game became more sustainable, that owners were genuinely fit for purpose and that clubs thrived at the centre of their communities. Does my noble friend the Minister agree that, had it not been for the Opposition’s delaying tactics, we could have had the Bill on the statute book earlier, sending a signal to owners and fans that the state of the game must be improved? Does she further agree that the only thing that supporters of clubs such as Sheffield Wednesday and Morecambe want to see is the regulator up and running, effective, and protecting the interests of fans, footballers and supporters at large?

I could not agree more with my noble friend. He highlights a number of clubs that have gone through an incredibly difficult time. We are pleased that we have now made it through all the parliamentary hurdles. At one point, it felt like we were never going to get there. For players, fans and clubs across the country, I am absolutely delighted that the regulator is going to bring rigour and new financial regulation, which should improve the financial resilience of clubs across the football pyramid so that no owner can jeopardise clubs’ futures. We can all be pleased that we have finally got there. It is regrettable that it took so long.