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Fresh concerns have emerged over the proposed football regulator’s financial powers, with experts warning they could severely impact the Premier League’s position as a global sporting powerhouse. A leading authority on financial regulation has raised significant red flags about the Football Governance Bill’s potential to harm one of Britain’s most successful exports.
James Palmer, CBE and partner at Herbert Smith Freehills, has described elements of the proposed legislation as “mad” and “bonkers,” suggesting the measures could trigger a dramatic reduction in club investment. The bill, currently navigating its way through Parliament, aims to establish an independent regulator tasked with ensuring financial sustainability across football clubs.
The regulatory framework would require clubs to secure annual licences by demonstrating financial stability, whilst simultaneously blocking participation in breakaway competitions like the European Super League. The regulator would also possess unprecedented “backstop” powers to determine Premier League funding allocations to lower leagues.
Palmer’s critique centres on the correlation between financial investment and sporting success. He argues that restricting financial flexibility through regulatory oversight could initiate a downward spiral in the Premier League’s competitive edge. The implementation of capital ratios for football clubs, he suggests, represents an unnecessary overreach into sports governance.
The government’s position stems from historical data showing 64 clubs entering administration since 1992. However, Palmer counters that only one club, Bury, has faced complete liquidation, with others surviving through ownership restructuring. The Labour government has maintained most of the original Conservative bill whilst expanding the regulator’s financial remit.
Current Premier League arrangements include £110 million in solidarity payments and £40 million for youth development to the English Football League annually. The regulator’s power to impose settlements during funding disputes has been particularly criticised as potentially deterring future investment in infrastructure and stadium development.
Despite these concerns, the Department of Culture, Media and Sport maintains that the regulatory framework will foster investment certainty and ensure long-term sustainability. They emphasise a light-touch approach aimed at safeguarding English football’s heritage while promoting financial resilience across all leagues.
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