Fan engagement a big gain in new Football Governance Bill

The new legislation is a considerable improvement on the previous version and the battle is now on to show that it can make a real difference

Fans of Brighton, who have seen some times, and Wolves demonstrate last weekend as part of a series of actions across the Premier League. Photo: Neil Dady

Reading through the new, strengthened draft of the Football Governance Bill, one thought strikes you again and again. Why is a regulator needed to do so much the owners of our football clubs and those who run our game should be doing anyway? The question is, in itself, the answer.

Let’s consider just some of the outcomes the Bill will be in place to ensure. Those seeking to become owners of clubs should be obliged to show they have both the funds and a viable plan for the running of that club. Fairer distribution of funds throughout the game to remove the incentive for poor business decisions and preserve competitive balance. Genuine and effective consultation with fans over key issues such as the name of the team, the colour of the shirt, and the venue for home games.

None of this is radical, none of it is outlandish. But in English men’s football, where arrogance, greed, self-interest and short-termism have come to define the game, particularly at the top level, straightforward decency, community and long-termism are too often seen as a challenge. The Premier League has opposed regulation every step of the way and its belated and grudging acceptance that independent regulation is now happening may still signal trouble ahead. Making the Bill work will be a key initial challenge for the regulator.

The Premier League is not, as some think, a sporting competition governing body. It is a group of 20 club owners who act in the interests of their own club. Understand that and you understand some of the regulatory tangles the League has got itself into – and why self regulation could never work. The regulator and the new regulatory system may help those good people within the Premier League’s organisational structure who get why football is the successful business it is and who see the bigger picture, but it is going to be some struggle to get the owners who ultimately hold the power to buy into that mindset.

None of which should take away from the fact that the Bill as tabled is a significant achievement for the cause of reform. After so many false dawns, it can be hard to see the sun rise – and there is a danger too that such a positive assessment will turn too rapidly to gloom if the effects of change are not seen quickly enough. Given that much of what is in the Bill should prevent things from happening in the first place, demonstrating practical effect is going to be tough. So thought needs to be given to achieving the early wins that illustrate progress.

I’m going to focus on the fan engagement section, which is arguably the most significantly strengthened part of the Bill. Again, the fact such detail is needed is a result of the tendency of too many within football to take disingenuousness to new levels. The Bill has not only to mention engagement, but to specify “effective” or “genuine” engagement – and that’s because too many clubs interpret engagement as telling people what they’ve already decided to do. For relationships to be conducted productively, you shouldn’t have to check your watch every time someone says good morning. The regulator is going to need to be all over engagement to ensure it is of the quality needed.

Before looking at the detail on engagement, some other significant points.

• The first State of the Game report is required within 18 months, not three years. This gives the regulator the best chance to set the standard and to show the kind of regime it intends to operate.

• The regulator’s backstop powers to rule in areas of dispute over financial distribution have been strengthened, and parachute payments explicitly bought within remit. The previous version of the Bill excluded them, and this would have significantly undermined the core mission of the regulator.

• The regulator is no longer required to have regard to UK government foreign and trade policy when approving or rejecting takeovers.

• Measures to achieve greater progress on equality, diversity and inclusion within the game have been boosted. Clubs will now be required to publish a progress report on how they are achieving specific targets. In a game where the executive and management levels are still overwhelmingly male and white, this is to be welcomed.

The full list of changes to the previous Bill, with explanation, can be found on gov.uk.

The most significant and welcome change to the fan engagement section is that “The Bill will now explicitly require regulated clubs to consult their supporters on ticket prices.” There is considerable disquiet across the game at top level about rising ticket prices and the general financial burden placed on fans at a time when clubs have unprecedented levels of income – and demonstrations this weekend across the country featuring rival sets of fans standing together under the #stopexploitingloyalty banner have been timely.

Fans, whose contribution to the atmosphere is sold as part of the global TV Premier League product, can and should be involved in this essential area. No doubt horrified owners will argue ‘but they will always want price cuts’. But what fans what to see is proper justification for decisions, the chance to put counter proposals forward, and an end to exploitative policies. What the owners fear is a challenge to the process that has seen ticket prices rise disproportionately since the Premier League was established.

Strengthened fan engagement also applies to decisions on ground relocation, and to the manner in which fan representatives are elected. The bill says the new framework: “will ensure clubs engage meaningfully with fans and they have a strengthened voice that they can use to hold club decisions to account.” Which is precisely why most clubs have tried to avoid, obfuscate and undermine the entire fan engagement process ever since it was clear they would be required to have one. The regulator will have their work cut out policing fan engagement, but achieving a meaningful process that has the confidence of fans is essential.

There are still outstanding questions, for instance over whether the inclusion of revenue from overseas broadcast and commercial deals is within the regulator’s remit when considering club finances. It should be if the objectives of regulation are to be achieved, but it is not explicitly ruled in or out. Here, as on many other points, it will be the slow process of regulatory guidance and the evolution of practical application that will be key. Look out also for what is said during debate on the Bill in both Houses of Parliament.

I’m hopeful this bill will achieve progressive change, but there’s still a lot of work to do – particularly as the track record of those who run football suggests we are now in for a long period of trench warfare over every single world of the legislation. Training up fan reps who are volunteers so that they can make the most of the opportunities the Bill offers is now essential. That is something the Football Supporters’ Association is sizing up, and it’s fitting to end by mentioning that organisation.

Many of the measures in this important piece of legislation have come about as a result of ideas the FSA and its predecessor organisations have pushed for years, and the FSA has been heavily involved in the consultation process. I know some of the people who have been instrumental in the FSA’s work, who have drawn on their professional expertise as well as their experiences as fans at clubs such as Portsmouth, Blackpool and Coventry to name but three to help craft this significant piece of legislation. Never doubt fans do have the power to achieve change, and never underestimate the work that goes into that. Congratulations to the FSA and to everyone who has worked for change.

• The Bill as it now stands is available online.