.. is More Secrecy
We all now know Lord Clark’s judgement on Friday has kicked off an arbitration process to solve the case raised by Hearts, Partick and their sleeping partner, Stranraer.
He seemingly had no option and did this because it is the “pre-decided” SFA procedure for football disputes.
Accordingly three qualified persons will be chosen from an existing SFA list and in effect become the judges and jury tasked with coming to a decision on a complex and complicated situation.
Be cogniscant that this is a situation where relegation will have huge financial impact to the three clubs and their members of staff at a time of pandemic related economic hardship.
Real people and real jobs cast aside by what could be classed as myopia and lack of leadership.
And potentially exacerbated by a decision made in secret, in an unreported process, with no avenue to appeal.
Did Hearts and Thistle and Stranraer deserve to be relegated I hear you ask?
Yes so far, and on points per game, but there were enough games left and all three could easily have avoided the drop.
By the same judgement Hearts should already have been awarded the Scottish Cup as they were statistically the remaining club with the best cup record and goal difference!
The three Arbitrators will now hear the SPFL case and the Hearts and Thistle case put forward by their expensive legal teams and then decide.
Simples.
Maybe not.
From press reports the SPFL even tried to block their own members, Hearts and Thistle, getting access to their co –owned SPFL documents but Lord Clark seemingly stopped that.
It seems being aware of the severe time constraints, and maybe also possibly suspecting downstream game-playing, he also offered his and the court’s availability if required.
Let me clarify something that I didn’t know until last week.
Arbitration is not the same as mediation.
Not even close.
From what I’ve read since, mediation would have been better for all concerned but progressing that way that would have taken a less dysfunctional corporate structure across our game.
It could and should have been the best way forward for us all.
If only.
But fair enough we all need a result and arbitration we’ve been told can maybe deliver that in around 10 days.
In the meantime ask yourself if an arbitration decision made and dished out without any kind of public scrutiny or redress is the way to go?
What if deep inside the system there is any kind of unseen bias?
By the way that’s just a question.
I’m not suggesting that there is inherent bias.
Surely no biases in Scottish football exist.
Being positive I can see the advantages of coming to a conclusion in a process that is quicker and less costly to our game than going to the courts but something about the whole thing is wrong.
My instinct says it’s the secrecy.
Most of the people I have spoken with agree.
We all live in Scotland where our government is open to the public and where government committees are on the public record.
The fourth estate is all over everything they do.
Likewise our courts are generally open to the public and to the media to report on what is happening within.
There is nothing in this dispute that should be kept secret from the real stakeholders in the game, the fans.
We all have a stake in the game.
There is nothing healthy about this closed doors charade.
It should all be out in the open.
Any judgement made without the presence and scrutiny of the media and SFM’s very own Easyjambo and John Clark is open to retrospective revisitation ad infinitum and will never bring the fairness and closure we all need.
It is not in any way the formula for the reconciliation that is needed across all 42 clubs.
Football fans don’t always have to agree but we need to know that it is refereed fairly. Arbitration rules laugh at that basic requirement.
How The Hell Did We Get Here?
As I write the countdown to the new season is underway and a sans-Hearts fixture list is imminent.
I have no idea what will happen if the three wise arbitration men decide to block the Hearts, Partick and Stranraer SPFL enforced demotions.
They might indeed.
The majority of fans wouldn’t disagree with them if they did even if it becomes a mess.
Yes that would be a doomsday scenario for all but we’d bounce back.
If it is the right thing to do for our game then a bit of hassle for Neil and Co should not stop it happening.
10 days or so will tell.
Were the Leagues Called Too Soon?
Chick and Tam on the radio certainly, and indignantly think so.
Most fans concur with many of us already watching English football nightly and wondering what if?
I think only four countries in Europe ended their leagues early.
We’ve been told the SPFL came to the decision to trigger payments because of our new TV contract.
Seems plausible enough and to be fair there was great club impecuniosity and huge amounts of uncertainty at the time.
I’ve since also heard that the old broadcast contracts were renegotiated and compensation paid for the lost games as the new Sky deal became the focus and probably the driving force.
Money rules and Sky calls the tune in their 4 old firm games view of our world.
This combined and meant two big decisions were immediately on the horizon.
First Hearts, Thistle and Stranraer were to be relegated.
(“Bye-bye guys, tough luck and take your medicine”, from your erstwhile football family friends, almost certainly avoiding eye contact in the zoom meeting)!
Secondly Brechin City, or another, was spared the play offs and with the pyramid chain broken the top team from the play offs was told to forget their hopes of joining the SPFL.
Outrageous.
Someone at the SFA should have thrown a hissy fit and done something for their 2 disadvantaged members but I don’t think they ever did.
A real insight into how heartless our game can be.
Along the way
We all sat back in amazement as Neil’s “Good Friday Disagreement” evolved when John Nelm’s Dundee’s vote got first lost, then found and then changed over the weekend.
Didn’t smell right then.
Smells even worse now.
Along the way Dundee somehow became the casting vote.
(I hope there are full records of what really happened for the Arbitrators).
At the time, and rumbling still, there was huge criticism of the SPFL board for conflating approval of something or other to the much-needed payments due to the clubs.
(Apologies for the brevity but it all merges. So much was going on and a lot we never heard about too).
Rangers then came in live on radio demanding Neil D and Rod McKenzie to be spanked very hard but never quite being able to tell us why.
Other stuff happened after the vote too.
Maybe it was clever diversionary tactics, maybe something else, but for two or three weeks it was all go in all directions.
We had task forces set up here, there and everywhere.
So many I can’t actually remember their remits and to be honest like so many I can’t quite be bothered now.
It seemed we had the game looking at the genuine change that fans want and even us the independent SFSA were asked to help by Les Gray one of the task force co-chairs.
We did by taking it to our members and to the SFM too, in good faith even though deep down we thought it was all part of a game and said so.
Sadly it was a waste of effort and time moved on but fair play to Neil and the SPFL board.
Fair play because at the 11th hour they tried to get approval from their members to temporarily extend the leagues.
Neil’s attempt to do that wasn’t an actual formal vote.
That never happened.
What was termed by the SPFL as an “Indicative Vote” was heavily defeated.
Several weeks on and 18 of our 42 clubs still won’t even tell us their fans how they voted.
I had already asked Neil Doncaster how clubs voted and he told me it was secret ballot.
So it’s still mostly secret and like all secrets has the inherent ability to fester.
None of us can blame the clubs for voting the way they did.
A couple of weeks ago when trying to analyse the vote I highlighted that Hibs inexplicably voted against an Edinburgh Derby.
Having enjoyed many I still don’t get that.
I’m also on record recently stating that Ross County also voted no and effectively sentenced their two nearest neighbours and friends, ICT and Brora, to significantly less revenue in the next year.
And at the same time their no vote helped stymie the pyramid that was introduced to allow clubs like Ross County of old access the higher leagues.
(I well remember them in the Highland League – and played against them at the time).
I haven’t spoken with Roy MacGregor about his vote but I know that if I was a chairman of a bottom six club I too would have foreseen the approaching tsunamic, post-Covid crunch coming down the tracks. That was the season when the Covid induced “temporary league” of 14 had to be reduced back to 12, meaning 3 clubs get relegated, and 1 goes into a play off position.
4 out of 14!
Ouch! Ouch! Ouch! and ouch!
Not good business for anyone.
Like Roy, I’d have said “Sorry” to ICT and Brora and voted the same as he did. Roy’s fiduciary duty is to his club not to his neighbours.
Roy, I respect your position and all other chairmen too but it should never have come to this in our totally unnecessary football civil war.
And you know after hearing John Collins say on the radio today asking “Where’s the fairness in any of this”? I can’t disagree.
Words Of Wisdom For The 3 Wise Men
Fairness would be my starting point.
We know fans will never all agree about anything because we love our clubs and they will always come first.
But we crave fairness, openness and transparency.
That’s probably the first time I have written the transparency word since Stewart Regan nearly wore it our 8 years ago.
Out message to our Arbitrators is as follows.
The Scottish Fans are the bona fide stakeholders in the game and fund the clubs.
We collectively want and will welcome bigger leagues.*
We want no extra damage to any club from Covid.
We believe that there should be transparency in everything in football.
We abhor and have no trust in closed doors and secrecy.
Please publish your results and allow access to the process along the way.
What would be wrong with that?
What harm could it do?
A significant majority of fans don’t agree with these enforced relegations and would prefer either to finish the season or enlarge the leagues permanently.
And finally fans demand to be listened to because it seems we are the only ones who are able and willing to see the bigger picture for the good of the game.
No Closed Door Festering Secrets in Scottish Football
- Arbitrators we are happy to share our research with you.
Yesterday saw the old late Friday release of those negative vibes by the SPFL.
The failure of the Enabling Act was sandwiched between updates on Testing and the Use of 5 subs for 2020/21.
https://spfl.co.uk/news/spfl-board-update
Part of the text below
Several SPFL Clubs requested that the SPFL Board bring forward a resolution, which would give the Board the express power to manage Covid-19 related disruption during Season 2020/21, without the need to seek Rule amendments approved by Clubs. Accordingly, a written resolution was circulated to all Clubs, but this did not attract sufficient support to pass. Following a discussion at this morning’s SPFL Board meeting, the Board have agreed to move forward in line with the clear will of the Clubs. As a result, the existing Rules will remain in place for Season 2020/21, unless any member decides that it wishes to bring forward their own resolution in this area.
Neil Doncaster, chief executive of the SPFL said: “As a members’ organisation, it is vital that the Board listen to the voice of our member clubs.”
What does this tell us ?
– Effectively, the SPFL executive have lost a vote of confidence but carry on regardless.
The Omnishambles has a way to go…………..
and don’t forget the upcoming judgment on arbitration !!
John Clark 09.29
I trust that you will have fact checked the accuracy of this report from the "truth twisting" BBC Scotland Sports team!
With all that has happened it is not surprising that members have not allowed express powers to be granted but I fear it may be a mistake. I hope that I am wrong but the risk of problems arising remains high.
Media reports of sportsmen breeching lockdown/testing protocols have occurred fairly regularly putting colleagues and thereby teams at risk. The bigger problem will come if teams don't follow the protocols!
Neil Doncaster, chief executive of the SPFL said: “As a members’ organisation, it is vital that the Board listen to the voice of our member clubs.”
Then take on board the loss of what was effectively a no-confidence vote and leave the building.
Neil or Mr.Vindicated, you have become central to the issue of distrust. This no-confidence vote compounds the omnishambolic months that led up to it. Season 2020/21 has the potential to be hugely problematic and to have SPFL leadership (!!!), who aren’t trusted by a significant number of member clubs is a recipe for disaster.
Just GO……..
adam812 25th July 2020 at 10:48
'..I trust that you will have fact checked the accuracy of this report from the "truth twisting" BBC Scotland Sports team!'
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Ha, ha,Adam812, believe me when I say that I listen to anything uttered on 'football' by anyone on BBC Radio Scotland with an ear ready to believe that what I hear may be something less than the plain, objective truth!
They have not been above completely shutting down free discussion on the nonsense of 'continuity Rangers' for the last 8 years. God knows ,they would be like putty in the hands of a would-be repressive government.
It seems that the dark forces at Ibrox are killing a potentially, massive public interest story about covid.
This morning, I was interested to read Keef Jackson’s follow up article in the DR on his “EXCLUSIVE!” about TRFC failing test procedures.
Nothing.
Can’t find anything related to his article posted late on Thursday night, (11.07pm).
Shirley, an “EXCLUSIVE!” deserves a follow up article(s)?
Additionally, his article has been ‘lost’ on the DR website: it doesn’t appear chronologically – you have to do a search on the DR site.
It’s as though the DR is trying to hide the article…
The article was “Updated” 12 hours after posting – and it is obvious that the original headline has been significantly toned down, with “9 players” omitted and “potentially” added.
So, this morning I looked at The Scottish Sun to get an update.
There is one article – by Kris Boyd – which does talk about testing. The focus is mostly on St.Mirren.
The only reference to TRFC is this;
“…And Rangers’ test results all came back negative — eventually — so there was no big problem after all…”
This just raises several, other questions about the effective control of the virus… which the SMSM won’t ask.
Everything about this club is dishonest and malevolent: a toxic cloud hanging over the Scottish game.
The members of the SPFL board were voted in about a week ago. The employees on that board were not removed at the same AGM, they were left in place.
The members have not supported a resolution proposed by the old board.
How could the resolution not being supported possibly be considered a "vote of no confidence" in the board. It's a different board.
Homunculus
How could the resolution not being supported possibly be considered a "vote of no confidence" in the board. It's a different board.
===================
– Effectively, the SPFL executive have lost a vote of confidence but carry on regardless.
Reasonablechap
Just because you deem it to be a vote of confidence doesn't make it so . To me it was just a vote .
paddy malarkey 25th July 2020 at 14:20
Exactly it was a vote on a specific resolution, put to the members by the previous board.
It isn’t even a vote of no confidence in the board who put it to the members, that’s just nonsense.
There was an AGM under a week ago. The permanent members of the board are still in place, and new representatives from the league have joined them.
If there was going to be a vote of no confidence in anyone it would have been the previous board, who presided over the vote to finalise the league.
H
It isn’t even a vote of no confidence in the board who put it to the members, that’s just nonsense.
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I was referring to the Executive, not club reps on board, including Mr. Vindication. Leadership that is supposed to be worth 388,000 pounds Sterling.
Regardless, for those dismissing my description of this vote being,.. effectively a vote of no-confidence, answer the following….
Why did so many clubs vote against the resolution (for it to fail) ?
reasonablechap 25th July 2020 at 16:40
OK , I'll bite – what's the answer ?
Why did so many clubs vote against the resolution (for it to fail) ? Did they respond to a silent whistle from Peter , somebody's imaginary friend . Did they decide that it was in their best interest to vote as they did ?
I'm not aware of anyone voting against the resolution.
I think that, on this occasion, clubs were only required to indicate acceptance of the resolution, rather than accept or reject it. On expiry of the prescribed 28 day period specified for such resolutions in the Companies Act, the resolution had not received the required level of acceptances, therefore was deemed to have failed.
StevieBC 25th July 2020 at 12:28
…………..
“…And Rangers’ test results all came back negative — eventually — so there was no big problem after all…”
….
That makes everything ok then,came back negative — eventually. The game should never have gone ahead if the test results were not there. Who gave the green light for the game to go ahead with no test results back?
It would be a simple step to ask. “Has everyone been tested? (yes.) Are the test results back? (yes) ok play away.
…..
What we had from ibrox could have been.
It would be a simple step to ask. “Has everyone been tested? (yes.) Are the test results back? (No) ok we can’t play.
…Either No questions were asked.(That would be the height of stupidity) Or rules were broken.
Cluster One 25th July 2020 at 20:21
Surely it ultimately has to be the match referee who is responsible for the game going ahead or not.
Other people may have the opportunity to stop it before him, for example the officials of the team whose results have not been received. Who should presumably then go to him and declare that they were not clear to play.
Basically people were prepared to risk their own and other people's health, and even lives, for a non competitive game of football to go ahead.
That is shameful. As is anyone excusing it, as they were negative anyway.
Homunculus 25th July 2020 at 21:04
Surely it ultimately has to be the match referee who is responsible for the game going ahead or not.
============================
I spoke to one of the match officials who were lined up to officiate at the Hibs v Ross County game last weekend. Hibs had already alerted Ross County (who had reached Perth) about delayed test results before the officials got to the ground. A quick check with the SFA confirmed that the game could not go ahead.
However Hibs then asked the officials (who were going to have to be paid anyway) if they would ref a bounce game between two Hibs squads. The officials sought to clear that with the SFA, but were told no way.
easyJambo 25th July 2020 at 21:22
Thanks for clearing that up.
It's quite stunning that a game was allowed to go ahead under those circumstances. The SFA have to be hard on this or they are just reinforcing the awful message which has been sent out.
Cluster One 25th July 2020 at 20:21
StevieBC 25th July 2020 at 12:28
….. What we had from ibrox could have been. It would be a simple step to ask. “Has everyone been tested? (yes.) Are the test results back? (No) ok we can’t play. …Either No questions were asked.(That would be the height of stupidity) Or rules were broken.
=================================================
The fact that certain Sevco players were ineligible to be named on the team-sheets, let alone take to the field, matters not when there is a secret agreement in place stipulating that they cannot be punished for it.
Unfortunately the linesmen did not have such a luxury, but really shouldn't have needed it, as apparently the SFA had purchased their own testing machine.
Having said that, clubs were each provided with a 50 grand donation. Testing machines at 35 grand a pop, with only a 20 minute turn around, should have been a compulsory purchase for every club, given that it is the single most vital factor in ensuring games can commence, and continue to be played.
Even if some clubs opted to go haufers and share, would have been a hauf-decent viable option…..But naw !.
Maybe Peter Lawell bought the last two tae scunner them and claim the league by default?.
Homunculus 25th July 2020 at 21:04
========
I've been staying off the forum these past few weeks, basically because I felt I had nothing of value to add. I was tired of circular arguments around the decision to end the season, and the subsequent court case etc. In my view self-interest is every club and fan's primary motive, so I decided to keep out of it – I am as guilty as anyone!
However, I was moved to post again over the issue of Rangers late test results and the lack of a sensational scandal being made of it. The fact that the results eventually came back negative is irrelevant. They could just as easily have come back positive and where would that have left things? Why are the SFA doing nothing about this? In answer to my own question it is in my view because of the club involved, who they seem reluctant to take action against for anything. Perhaps the Five Way Agreement covers it, who knows!
The fact Hearts and Partick have already been cited by the SFA for going to court while zero action was taken against Rangers in 2012 for doing exactly the same proves my point. Yet the media think that's okay. Wow!
Logically, it would seem most probable that someone from TRFC “was economical with the truth” about the test results of 9 players before kick-off.
An ex-Ibrox player has since “indicated” that the results came back ok.
Why should anyone believe this to be true?
And has anyone from Ibrox actually apologised to the opposition club – Dundee United – and to the opposition players?
Some things don’t change.
Where, exactly, is the outrage from the other 41 clubs… and from their players…?
Or do they not give a monkey’s about the pandemic now?
Will the 42 clubs even care about the safety of supporters, whose matchday money they so desperately want?
To borrow a song title from a French chanteuse I quite like;
“F### Them All !”
easyJambo 25th July 2020 at 18:50
"…the resolution had not received the required level of acceptances, therefore was deemed to have failed."
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The SFSA has this to say: https://scottishfsa.org/chairmans-blog-24-7-20/
"..'The clubs however have voted.
They said NO!'
They were not willing to give the SPFL board this power.
Was this a vote of no confidence?
Many have said that to me.
So yes, it probably is sort of and informally."
Even I would have to say that it's going a bit too far to take the non-voting as being the equivalent of a vote on a formal 'no confidence' motion, as I think you rightly point out.
The experience of the relegation/promotion 'written resolution' ( now before an Arbitration Tribunal) undoubtedly has caused there to be a ( justified) level of suspicion in the ranks of the membership about what the Board might do with any extra powers given to them.
No club is willingly going to give powers to a Board which might in effect be the equivalent of allowing that Board to pass sentence of death on it!
upthehoops 25th July 2020 at 22:15
Homunculus 25th July 2020 at 21:04
Why are the SFA doing nothing about this? In answer to my own question it is in my view because of the club involved, who they seem reluctant to take action against for anything. Perhaps the Five Way Agreement covers it, who knows!
================================================
I doubt it matters too much whether the 5WA covers it or not. Sevco only have to claim it does and threaten to take it to CAS to pass judgement on. …..SFA pants would quickly turn brown.
upthehoops 25th July 2020 at 22:15
‘.The fact that the results eventually came back negative is irrelevant. ‘
“”””””””””””””””””””””””””””””””””””””””””
And I noted that on ‘off the ball’ today no mention was made (that I heard) of that incident, though I think the St Mirren case was mentioned? (I was jumping about today , what with Mrs C’s hairdressing appointment and what not so may have missed something. Happy as ever to be corrected, of course)
It is unquestionably the case that TRFC is treated as a protected species by the SMSM, just as SDM was treated as the golden eagle and lynchpin of Scottish Football while he cocked a snook at and marvelled at how easy it was to cheat for a decade every one of his football club counterparts- and me and you!
When the full story is( as it will be) fully published many people of current ‘good repute’ will be shown up as the liars and cheats and betrayers and temporisers that they have been.
They may of course be dead and buried by that time, as will I.
But their children and grandweans will read about them.
But even if they live to be in their nineties their dishonourable names will be forever linked with cheatery and deception and breach of faith.
And, they know it!
That’s the killer! They know.
easyJambo 25th July 2020 at 18:50
I’m not aware of anyone voting against the resolution.
I think that, on this occasion, clubs were only required to indicate acceptance of the resolution, rather than accept or reject it. On expiry of the prescribed 28 day period specified for such resolutions in the Companies Act, the resolution had not received the required level of acceptances, therefore was deemed to have failed.
=========================
Thanks for that EJ ! Could I ask where you picked up on this, please ?
Doing it this way could be seen as a way to mitigate the perception of negative vibes around the levels of confidence that a significant number of clubs have in the SPFL leadership/executive.
Perception is one thing, reality is another and the main point I was making stands.
Enough clubs didn’t accept the resolution for it to pass and instead, it failed.
A significant number of clubs don’t have enough confidence in the SPFL executive/leadership to allow them the extra powers they were asking for.
You can’t dress it up any other way…….. #NoConfidence
We start a very unpredictable season next week (arbitration and covid-19 allowing) and the leadership of the league can’t be trusted.
When you think of what I’d consider a medium to high probability of further significant problems arising from Covid related issues during 2020/21, this is a serious situation, primed to create more omnishambolic nonsense.
reasonablechap 26th July 2020 at 09:55
Thanks for that EJ ! Could I ask where you picked up on this, please ?
====================================
From the Scotsman on Tuesday 21 July.
https://www.scotsman.com/sport/football/signs-distrust-already-new-spfl-board-elected-2919212
…. And from Thursday 23 July
https://www.scotsman.com/sport/football/spfl-board-set-discuss-bid-express-power-covid-19-crisis-2921541
Thanks EJ !
Had a look back at a Jackson/DR article from the 8th, updated on the 23rd and it mentions the 75% threshold but doesn’t go into the same detail as The Scotsman.
It did include the following quote….
But one top flight chief executive told us: “It’s pretty clear from the discussions we’ve had between Premiership clubs that this plan is not going to have enough support to be passed.
“While no-one wants to go through all of this pain again – and clubs realise it would be easier to hand over the power to the board – it seems like the right idea but at entirely the wrong time.
“In some quarters there’s an obvious distrust of the SPFL board because of everything that’s gone on over these last few months. While many clubs would rather not have to contemplate another vote to end the season, they are clearly struggling with the idea of empowering the SPFL board to take that decision for them.
“When you add into the mix the fact that Celtic are going for 10 In A Row and Peter Lawwell will most probably be voted onto a new look SPFL board, the potential problems are obvious.
https://www.dailyrecord.co.uk/sport/football/football-news/spfl-facing-crisis-rerun-peter-22325261
Homunculus
The members failed to support a resolution, they are perfectly entitled to. It’s as simple as that.
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Why didn’t they support such an important resolution ?
New blog up