Government Bill to regulate football fails to define “English football” – Lords Committee criticises use of delegated powers in the Football Governance Bill

In its 8th Report of Session 2024-25, the cross-party House of Lords Delegated Powers and Regulatory Reform Committee raises concerns that the Football Governance Bill gives ministers the power to define “English football”, which affects which clubs will be regulated by the new Independent Football Regulator (IFR).

During the Second Reading debate on the Bill, Members questioned whether the IFR would regulate women's football, or the North and South National Leagues. If “English football” were defined in the Bill itself, those questions would be resolved as the Bill makes its way through both Houses of Parliament; but because the Bill gives ministers the power to make that definition, those questions will be resolved after the Bill has received Royal Assent, and furthermore could be changed in the future.

The Committee notes that the question of which clubs will be regulated is core to the effect of the Bill, so that definition should be in the Bill itself and agreed by Parliament, not left entirely to Ministers to decide via secondary legislation.

In its 2021 report Democracy Denied? The urgent need to rebalance power between Parliament and the Executive and in many of its reports since then, the Committee has criticised the practice of leaving significant policy to be set out in secondary legislation, which Parliament can only accept or reject, instead of including it in Bills which have to be agreed by both Houses of Parliament.

Lord Rooker, Member of the Delegated Powers and Regulatory Reform Committee, said:

“The Government has been clear about its policy that the top five leagues of the men's professional game should be regulated, so why not say that in the Bill? Leaving the term “English football” to be defined by secondary legislation further down the road means Parliament can't take an informed view on the impact of the Bill, and football fans can't tell how their club will be affected. 

“We recommend that the meaning of “English football” should be completely clear in the bill and not be dependent on regulations made by Ministers.”

 Notes to Editors 

1. The Football Governance Bill [HL] was introduced in the House of Lords on 24 October 2024. The House held its Second Reading debate – in which the general merits of the Bill were debated – on 13 November 2024.
2. The Delegated Powers Memorandum, provided by the Department for Culture, Media and Sport, sets out that “The policy intent has always been that this should currently be the top five leagues of the men's English football pyramid only.” (paragraph 19)
3. The Delegated Powers and Regulatory Reform Committee scrutinises proposals in bills to delegate legislative power from Parliament to another body. The Committee reports on whether the provisions of any bill inappropriately delegate legislative power, or whether they subject the exercise of legislative power to an inappropriate degree of parliamentary scrutiny.