How do you regulate the Independent Football Regulator?
Former director and chairman of AFC Bournemouth, and current global head of sport at Pinsent Masons, Trevor Watkins discusses how to regulate the Independent Football Regulator
This year more than any other promises major change for English football off the field rather than on it: the Independent Football Regulator (IFR) is now in the game. Created by Parliament, it has swiftly published its first set of new rules for consultation and issued its first press release, intent on hitting the ground running.
Since a group of clubs first got together to form the FA in 1863, the organisation and regulation of English football has largely been driven by clubs themselves, writing their own rulebook and voting on changes to it – with the odd intervention from law or politics in areas such as the transfer system.
Devil in the detail
So why are politicians getting involved in football? Rightly or wrongly, the perception appears to be that football needs a third party to oversee certain areas, particularly in relation to ownership and the spreading of money across the game from broadcasting deals and similar. Even though leagues and their member clubs have been making strident changes, Parliament has acted.
The IFR mission? The devil will be in the detail but it is already set on putting English football “on a sound financial footing”, and “cracking down on rogue owners”.
Is it so much of a problem that it needs a new regulator? Fans of some clubs complain at how owners behave and, whilst there is thoroughness in the current league systems, removing a rotten apple from the barrel of club ownership may be easier for a third party than a league to do.
My instinct, however, is that the more immediate intent of the IFR will be to resolve how a new agreement for distributing media rights monies between the Premier League and English Football League can be achieved. It will be no mean feat if that is achieved, an even greater one if this improves sustainability rather than simply seeing costs rise.
The IFR comes after years of Football Task Forces, government noise and the threat of intervention – but who is the regulator accountable to?
Regulator accountable
First off, the courts. The IFR chair-elect, David Kogan, has rightly acknowledged that the IFR must act within the legal framework of the Football Governance Act. Football clubs and their owners will not be slow to hold it to account if it does not. Football has usually resolved its disputes within the industry processes it has created. Not for the IFR. Any challenge to the IFR will be brought before the Competition Appeal Tribunal (CAT).
It will also be accountable to government, MPs, and ultimately to fans and the wider public. The IFR will not be deaf to the calls to action already coming from some of these corners in relation to the difficulties that clubs face. Overall, it will need to listen, but it will also need to demonstrate its independence, proving that it will act consistently, fairly and free from bias.
Though, perhaps the greatest “regulator of the regulator” stems from its need to be respected and trusted. If it is not then confidence may quickly fade and politicians determine it is not the catalyst for positive change they hoped it would be. The IFR needs to take football on this journey, from kick-off now through the full 90 minutes.
Success or failure?
The IFR must earn that respect. An over-zealous approach could damage the attractiveness of English football clubs for investors; too light a touch and one might question why set it up in the first place.
Success will, in my view, rest on setting the balance between what the IFR oversees and the responsibilities retained by the leagues and FA. That will itself stem from the IFR’s relationship with the leagues and member clubs, effectively those who own them, their fans and the politicians that have created it. Football is one of England’s greatest contributors to the economy and does so on a world stage through the success of clubs and no-one seeks to jeopardise that.
Understandably the IFR will be a key part of any club’s “to do” list this autumn. There is no surprise that it is attracting a huge amount of attention ranging from fans in the stands through to those who call me asking about buying a club. Both politics and football know that not every innovation is a resounding success (think VAR!) but for now there is all to play for.