Independent regulation of English football is likely to be imminent

As of: November 7th, 2023 6:46 p.m

The English government reiterates its intention to have football controlled by an independent authority. Many detailed questions remain open. The Premier League’s resistance is gentle, there could be a pragmatic reason for that.

By Marcus Bark and Chaled Nahar

The monarch traditionally announces the government’s legislative proposals in the United Kingdom, and so it was on Tuesday (November 7th, 2023) Charles III. in the so-called “King’s Speech”, which listed what Prime Minister Rishi Sunak and his cabinet want to implement in the future.

The government may be entering its final year, as the latest polls put Sunak’s Conservative Party at 26 percent. Labor is clearly ahead with 45 percent. Elections must take place in Great Britain by the end of January 2024 at the latest.

Check owners better, control finances, let fans have a say

The initial situation could play a role in one of the mentioned projects of the Tories, as the Conservatives are called. They had already announced in a “white paper” in February of this year that they wanted to have football supervised by an independent authority to be set up in the future. The party is now confirming these plans. The law, which still has to be introduced and overcome parliamentary hurdles, will be for the benefit of football fans, promised Sunak.

In theory it sounds like it, because fans should be allowed to have a say in the future. This is shown by the position paper from the British Ministry for Culture, Media and Sport. Accordingly, the new body should have extensive powers over key issues in the top five English men’s football leagues:

Club owner: The examination for club owners and board members is to be expanded. The sale of stadiums and the relocation of clubs should also require approval from the authorities.
Finance: Clubs are to go through a new licensing process, the aim is to have “solid financial business models and good corporate governance” for the clubs. Most recently, Bury FC was forced to relegate, Macclesfield FC was dissolved due to tax debts, and Derby County was relegated to the 3rd league after a points deduction and insolvency proceedings.
Co-determination: Fans should be given at least a partial opportunity to participate in the clubs’ decisions. The aim is to prevent owners from changing the colors or logos of the clubs, as happened with Cardiff City, for example.
Super League: In England, the protests against the Super League 2021, in which six Premier League clubs wanted to take part, were particularly large. The independent regulatory authority should be given the power to generally prevent clubs from participating in such leagues. The Premier League is currently threatening breakaway clubs with a 35-point deduction from the table.

“Our plans will ensure clubs manage their finances responsibly,” said Minister responsible Lucy Frazer when presenting the plans in February. “They will prevent unscrupulous owners from treating clubs as commodities rather than the beloved community asset that they are.”

Premier League criticized: “We are becoming a state-regulated industry”

The Premier League expressed caution. In a statement it said the league would carefully consider the government’s plan “for England to become the first major nation to make football a state-regulated industry”.

To date, criticism has been muted, and that could be due to the political mood. The Tories, for example, supported the sale of Newcastle United, which is majority owned by a fund backed by Saudi Arabia. A government led by the social democratic Labor Party might be able to take stricter consideration of factors such as respect for human rights and be more rigid about the origin of money.

Better a law from the Tories now than a stricter one from Labor later – that may be the thought of the Premier League.

Many questions remain unanswered, especially about sanctions

Even though the position paper has long existed and the government has confirmed its plans, many questions remain unanswered. For example, what the authority’s sanction options will ultimately look like.

According to a report in The Times newspaper, there will be a range from public naming and shaming to fines and license revocation. However, the reputable newspaper also writes that it will take longer before the authority can fully begin its work. This will not happen until the 2025/26 season at the earliest.

The “Football Supporters Association” (FSA) fan alliance was nevertheless satisfied. Spokesman Kevin Miles said: “It’s a very significant moment for football and we’re very pleased to be at this stage in the process.”

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