As those familiar with my work and that of Think Fan Engagement will know, both myself and Rhion Jones, the leading authority on consultation in the UK, have taken a keen interest in the Football Governance Bill currently moving through the Lords, specifically about the parts of the bill concerning fan ‘consultation’ and ‘engagement’.
It was an issue that we have been keeping an eye on since we began collaborating earlier in the year, following Rhion’s first blog on the subject, where he first raised the potential discrepancy.
We wrote to Baroness Twycross, the minister responsible for seeing the bill through the House of Lords, a couple of weeks ago. In it, we raised the issue, saying that there appeared to be a misunderstanding because the bill still contained the same error regarding the distinctions between consultation and engagement, and in particular the issue of the ‘Gunning Principles’, which have for over 40 years informed the practice of consultation.
The response we have now received from the ministerial support team suggests to us that ministers may not have intended the rigorous, legally-enforceable form of consultation after all. Here’s the key excerpt:
“As you have mentioned in your letter, the concept of ‘consultation’ has, in the context of public consultation, enforceable set legal standards with the need for the Gunning Principles to be upheld in all cases. The demands of public consultation will not, however, apply where the requirement to consult applies in this bill, given the clubs are not public bodies and they are only expected to consult with a representative group of fans, rather than the wider general public. We hope that this assuages your concerns as to the expectations that will be placed on clubs.” (the government’s ministerial support team in response to the letter from Rhion Jones and Kevin Rye)
The problem we raised still appears to be relevant, because under the law football clubs will be ‘regulated’ bodies like the water, energy, telecommunications or private rail companies, and therefore have to observe the Gunning Principles.
Rhion Jones also makes the point that DCMS also seems to be excluding the Gunning Principles because ‘they are only expected to consult with a representative group of fans, rather than the wider general public.’ His view is that he ‘knows of no legal basis for such an assertion. Indeed would it not be absurd to offer key stakeholders or other targeted groups less protection than if the exercise was aimed at the general public at large.’
There are additional concerns we both have around the provisions, including who qualifies to be consulted or engaged with. For example, who defines the term ‘fan’? What does ‘representative’ mean – who qualifies, and who decides? Maybe the government is hoping the regulator will decide such things?
As Rhion says in his blog:
The primary legislation will, however, set the tone … and the expectations. With its Commons majority, Labour will get the Bill through, and will claim credit for addressing a problem that matters to many communities. There is a lead-time before a Regulator gets fully up to speed, but fans may expect to exert more influence within weeks of Royal Assent. They won’t worry about legislative semantics – they will just expect to be consulted. Why should we palm them off with unenforceable, watered-down forms of the process? (Rhion Jones in his recent blog, ‘Will the ‘Gunning Principles’ apply to Football clubs’ consultations?’)
Check back for more over the coming weeks.
Our view is that with a little guidance and training in best practice, resourceful clubs and their supporters can evolve a constructive and mutually-beneficial relationship based on regular dialogue. Both myself and Rhion propose holding a seminar/workshop in the New year to outline what may be necessary. If you are interested in joining us, email kevin@fanengagement.net or consultationguruuk@gmail.com for further details.
Don’t forget to sign up to our regular View on Fan Engagement.
You can read Rhion’s original post about the response from the government via his blog.