On Saturday Kilmarnock’s Chairman Michael Johnston spoke about the choice facing the SPL and its members in relation to the future of “Rangers”. It is fair to say that he caused some controversy with what he said. Speaking to the BBC, he stated:-
“Members see the commercial benefits of having Rangers, even as a newco. The clubs are mindful of a sporting integrity aspect but the commercial benefits may outweigh that.”
“We need more talks before we can move on. There are still lots of discussions to be had with the SPL and with Bill Miller over his plans for Rangers. We need more clarity on his plan and how it will be structured.”
Whist some have criticised him for his statement; others have respected his honesty about the possible economic consequences for his team and others of a Rangers relegation or liquidation. It made me think about what the role of the SPL is actually meant to be. I therefore found my way to the SPL Mission Statement and Aims and Objectives.
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Mission Statement
“The mission of the Scottish Premier League is to provide an environment in which Scotland’s foremost clubs can improve their quality and image, maximise the commercial value of the game and thus ensure its long term future and prosperity”.
The objectives of the Scottish Premier League are to:
Build a league competition with standing and recognition throughout Europe;
Represent and safeguard the interests of its members;
Modernise the league structure and support system;
Maximise the commercial value of Scottish Premier League football by fully exploiting commercial rights and properties;
Organise a league competition, adhering to rules and regulations set down by the governing bodies of the game and – encouraging attractive and entertaining football;
Provide leadership in the development of key initiatives to improve the quality of the game in Scotland, particularly youth development, and to set a pace and direction for the whole of Scottish football;
Liaise with other organisations to ensure effective co-ordination between the Scottish Premier League and other football organisations across the country and across the borders.
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I suggest that, if you read the above, there should be little criticism of what Mr Johnston, with his SPL hat on, said, or of what Mr Doncaster said on the radio earlier in the week. It might be appropriate to have concerns over the aims, objectives and mission of the SPL, but the behaviour we are seeing is entirely consistent with the organisation’s declared goals. Why therefore should the SPL be castigated for potentially taking action in support of Rangers?
In detail therefore, we will look first at the Mission Statement.
“The mission of the Scottish Premier League is to provide an environment in which Scotland’s foremost clubs can improve their quality and image, maximise the commercial value of the game and thus ensure its long term future and prosperity.”
It states that the mission of the organisation is the promotion of Scotland’s foremost clubs. Rangers is undoubtedly one of Scotland’s foremost clubs, indeed, part of the fabric of Scottish society as stated by the First Minister. What does this constitute?
The phrasing of the statement is noteworthy, as one assumes someone thought about it pre-publication. It is not just referring to SPL clubs – but to the “foremost” clubs. This seems to suggest an inbuilt and acknowledged bias in favour of Celtic and Rangers and against the “Diddy Teams” © Only An Excuse.
The job of the SPL is to help Scotland’s foremost clubs do the three things mentioned. It is not the SPL which has the responsibility to maximise the commercial value of the game and ensure its prosperity. These are for the clubs, the SPL having created the environment.
Therefore action by the SPL to “promote” the interests of one of its two “foremost” members in an effort to maximise the commercial value of the game is entirely at one with the mission statement. To look at Mr Johnston’s point at the top of the page, commercial imperatives top sporting integrity.
How do the specifics of a Rangers “parachute” fit in with the SPL objectives? How can such a parachute, if provided, be justified within the objectives? (I have omitted those with no bearing on this issue.)
Build a league competition with standing and recognition throughout Europe;
The argument would run as follows. Rangers is one of the top two clubs in Scotland for recognition throughout Europe. Accordingly a demotion to another league, the SFL, on anything other than strictly footballing grounds (ie relegation) would work against that objective. The fact of such a move, especially in the light of the hard line on financial matters taken by the Swiss FA at the prompting of UEFA, may make Scottish football “recognised” in Europe, but not for the positive reasons desiderated.
Represent and safeguard the interests of its members;
Keeping “Rangers” in the SPL is, at first sight, safeguarding the interests of the members. However, to be pedantic, newco is not, yet, a member. If the options open to the SPL are (a) keep newco Rangers in the SPL or (b) have it leave the SPL and be replaced by the second team in the SFL, then to meet the objective it is essential to take route (a). The argument is that even if newco Rangers is not immediately a member, it is more of one than Dundee FC.
Maximise the commercial value of Scottish Premier League football by fully exploiting commercial rights and properties;
As mentioned above, and this might explain the constant repetition of the Sky deal requiring 4 Old Firm games, the commercial imperative is part of the mission statement and specifically of the objectives. Mr Doncaster might have to ponder whether the SPL would be worth more with “Rangers” than without. Clearly the former is the answer, although much of the extra income would in fact belong to “Rangers”.
Whether commercial organisations wish to be attached to a league where a sporting equivalent of gerrymandering has been carried out is a different matter, but I suspect few sponsors and commercial partners would look to withdraw if Rangers stay in the SPL.
Organise a league competition, adhering to rules and regulations set down by the governing bodies of the game and – encouraging attractive and entertaining football;
A cynic might say that the SPL has failed miserably with the latter part of this goal so far. I don’t watch enough, nor do I know enough, to offer sensible comment. I do hear repeated complaints about the standard f Scottish football. Maybe the tide can be turned however.
Of more importance is whether the SPL is acting in accordance with the rules. That is actually a fiendishly complex matter (as opposed to an ecumenical matter © Father Ted). I will return to the topic later tomorrow (Monday) I think.
Provide leadership in the development of key initiatives to improve the quality of the game in Scotland, particularly youth development, and to set a pace and direction for the whole of Scottish football;
One might say that “setting a pace and direction for the whole of Scottish football” which appears to condone accumulation of massive debt, together with non-payment of taxes of varying types on a grand scale, is setting a direction which it would not be good to travel in! Subject to the rules possibly slamming shut as the tail of the Rangers horse leaves the stable, if the Rangers plan works, then other heavily indebted SPL clubs might try to opt for similar escape routes.
Conclusion
When one looks at the “sporting integrity” issue, then any rescue for Rangers seems unjustified. However, as the SPL itself sets “commercial value” and “prosperity” as two of its targets, Mr Doncaster can argue that he is attempting to lead his organisation in accordance with its aims. It is, in fact, the opposition to a Rangers parachute who are out of step with the aims and principles of the SPL.
The SPL is a private company, part of whose remit is commercial success. As long as the SPL does not have to bail out Rangers itself, it is of net benefit to the SPL to have Rangers play there. Morals, it appears, do not come into it.
Adherence to the rules and regulations of the game is an objective too, but not part of the mission statement. In a hierarchy of competing aims therefore, the commercial imperative clearly ranks ahead of the sporting one.
In light of all that therefore, whilst unpalatable to many, the behaviour of the SPL is entirely consistent with its founding “principles”.
Posted by Paul McConville
Random Thoughts Re Scots Law by Paul McConville 
Thanks again for your detailed blog entry.
Not that it comes at a great surprised but as far as I can see it the majority of SPL chairmen admit to a very shaky business model.
Surely, being depend on the financial or sporting wellbeing of a competitor cannot be described as stand alone viable business plan?
Equally surely, the bank managers of these clubs will invite said chairmen to a wee chat over their overdraft facilities ( I know I would ).
Just pictures this:
1.) Rangers allowed into SPL with sanctions
a) Integrity and ultimately fans lost to the game
b) TV deal rescued
2.) Rangers don’t make the Top Six
a) Integrity and ultimately fans lost to the game
b) TV in limbo also
Will the majority of SPL clubs survive such a scenario?
Following an SPL club online from distance costs a lot of money. I will keep my options open depending on further developments and have notified my club accordingly.
An spl chairman who thinks only of money… Is a poor chairman.
With rangers out of spl, there is more chance of glory for more clubs, and glory brings cups, Europe and more money……
Having rangers and Celtic in spl has seen more and more clubs in admin,…. So this arguement that we must have rangers and Celtic is pants
Scottish football needs more than just rangers and Celtic swapping trophies each year, a crippled rangers this year has seen others win cups, their fans are jubilant and will follow follow, buy shirts, encourage sponsors and revive their clubs…. Fortunes
Rangers newco in 3rd division will boost these lower leagues, will still allow up to 4 old firm games a year (in the cups) and so is not all doom and gloom
We need all spl teams (except)rangers to vote for newco in spl, just one black ball and they out!!!!!! Blind vote it’s a yes (all vote for) or no (one or more says no) …. We don’t need to know how many blackballs or who voted what….. So no repercutions
Unless it becomes Dundee after next Sunday or later, it is actually Dunfermline or Hibs that would not be relegated should another SPL team not start next season. They are both currently SPL members although I suppose it is open to semantics as to when the share is transferred to Ross and therefore membership. I think the transfer still has to be approved by the board so maybe that would be when Dundee replace the relegated club in pole position to replace dead club walking
I think a reasonable interpretation of “Scotland’s foremost clubs” would be the whole of the SPL, if it were ‘the SPL’s most formeost clubs’ then that would be Rangers and Celtic.
Thanks Paul; an interesting and sensible angle from which to approach this part of the story. One point on which I take issue: as you say, the Mission Statement (from which the SPL’s functions ought to derive) refers to “Scotland’s foremost clubs”; but surely it’s doing so in the collective sense – that is, the SPL itself comprises the foremost clubs in Scotland. Once in the SPL therefore, a club is, by definition, one of Scotland’s biggest (or foremost). Surely there isn’t – in the language of the Mission Statement anyway – a division between its member clubs, such that Rangers, or anyone else, is subject to “an inbuilt and acknowledged bias”. I recognise the commercial focus that exists in the Objectives, whatever the Mission Statement means (and I applaud your faith in sugesting anyone bothered to think about it pre-publication). But surely a Mission Statement framing the SPL as the representative on an equal basis of all its member clubs changes the focus of the subsequent argument? I’d be interested to know what you think. And thanks for your sterling effforts on this excellent blog.
Thanks for the comments and kind words.
I suspect that, though I am delighted to be wrong, the Mission Statemenmt was prepared by the SPL, put up on the website and on a plaque somewhere and forgotten about. That seems to be the fate of many a Mission Statement! And perhaps I am trying to read too much into one word (but when has that stopped me before).
I do think that the Mission Statement can be read both ways at the same time, and as such justifying the higher attention paid to the needs of Rangers and, yes, of Celtic.
All SPL clubs are foremost, but some are more foremost than others, as George Orwell might have said. And my point re Dundee, which I appreciate is framed not as clearly as it could be, is that, the issue comes down to Rangers vanishing after the end of the season, when relegation has taken place. The question then is whether Rangers, current member of the SPL, goes down to be replaced by Dundee, current member of the SFL.
It is entirely in accord with the MIssion Statement, Aims and Objectives to look for a way to avoid this.
Ah! Thanks Paul – I now see the Dundee point, and you had made that plain enough originally; I guess it’s an area where, as far as the SPL is concerned, the representation of its members will happily coincide with the commercial interest. But I think you put very well in saying that the Mission Statement and its associated objectives are open to interpretation, with it rather depending on the answer one wants. All that said, I imagine it’s fanciful to expect there to be a point in the meeting when someone asks if what they’re doing is consistent with the Mission Statement: “the Mission what?”!
A very sound legal argument Paul. If we set aside what most of us would consider as justice Mr Johnston and co are quite right. However they need to consider the realities of what they are proposing to do.
I thought Stephen Thomson was very honest yesterday, I am not yet cynical enough to accept he was playing mind games with Dundee Utd fans.
This is a very difficult situation for them both morally and legally. Football for the fans is about feeling and passion, this has been abused by footballing authorities for years. I don’t think I am being overly dramatic to say that in Scotland what may be about to happen will turn fans passion for football in this country completely off.
There is arguably more danger to clubs if they “save” RFC(IA) than if they deal with them properly.
I find it rather odd that an organisation such as the SPL doesn’t have a code of practice for disciplinary matters that would cover recent events at RFCia .Im sure that the Italian FA if in charge of this situation wouldn’t mess about ask Juve or Fiorentina.The Kilmarnock chairman has cost his club future revenues with hiss silly comment.,but thats Scotland for you always arguing over the scraps
Not a mention of sporting integrity (or synonym) in the SPL mission statement. I don’t know why, but I’m surprised by that.
“Provide leadership in the development of key initiatives to improve the quality of the game in Scotland, particularly youth development…….”. Considering the mission statement alludes mainly to commercial interests, I wonder exactly what field of expertise the youths will be encouraged to develop.
Sporting integrity may mean nothing to the SPL shareholders but it means a lot to the people who pay good money to buy their product. With this in mind, I have sent the following statement to all SPL clubs. My opinion will have little or no effect on them but I felt compelled to share it nonetheless.
“Dear SPL club Chairman,
I am writing to all SPL club Chairmen to make my views clear on the proposal to parachute Rangers Newco directly into the SPL.
If, as I suspect might happen, Rangers Newco are voted into the SPL, then the SPL will have prostituted sporting integrity for the sake of short term commercial gain. The SPL might as well rebrand as “Scottish Football Entertainment” as all pretence that it is a fair sporting competition will have gone.
In this scenario I will NOT be attending ANY SPL fixtures and will cancel my subscription to ESPN. I speak only for myself but I am sure my views are shared by the majority of Scottish football fans outwith those of Rangers (IA).
This message has been sent to ICT FC and Heart of Midlothian FC via their websites.”
Controversial, Paul!
I suggest that this – “In a hierarchy of competing aims therefore, the commercial imperative clearly ranks ahead of the sporting one.”
cannot be reconciled with this –
“Organise a league competition, adhering to rules and regulations set down by the governing bodies of the game and – encouraging attractive and entertaining football”
Sporting integrity is intrinsic to the game of football. The “ungentlemanly conduct” or “conduct contrary to the spirit of the game” offence is the catch-all which has been inserted in the rules to ensure that anything which goes against the spirit of the sporting ethic can be penalised even if it isn’t specifically mentioned elsewhere in the Laws of the Game..It allows the referee to stamp out bad sportsmanship and maintain sporting integrity.
There’s no law which states that it’s a foul for a player to shout “mine” when he’s challenging for a ball but a free-kick is awarded because such a call can confuse his opponent in a manner that is contrary to the spirit of the game.
If you remove that principle, what you’re left with may be spectacular and even entertaining but it’s no longer football. There is nothing to stop it from becoming a scripted, costume drama.
If the SPL is committed to adhering to rules and regulations set down by the governing bodies of the game, then it must place the sporting integrity principle at the core of its operations. Otherwise there is nothing in the rules to prevent an auction for the results of the matches before they take place. But when it does happen, it’s a very serious matter and clubs which are found guilty of match-fixing are punished very severely indeed.
(Okay, perhaps not in Scotland . . . ) 😉
The SPL’s product is football. But it’s simply not football if sporting integrity isn’t paramount. No commercial imperative can be applied if the product doesn’t exist.
If a league competition is advertised, I expect it to be truly competitive, not pre-arranged or scripted. If the SPL is attempting to sell a counterfeit version of football shouldn’t that be treated as fraud?
As “Relayer” posted earlier, all 12 SPL teams should be considered as Scotland’s foremost teams and not two out of the 12.
From the SPL Rules:
A2.1 The League shall consist of 12 leading association football clubs in Scotland.
Interesting stuff Paul.
I too would argue that the leading clubs are all of the top 12. That’s why the SPL was set up in the first place. And it should also be noted that the top 12 are specified in the articles by their league position the presious season. There is, currently, no way for a club to join the SPL on any other grounds than footbaling success.
I agree that the mission has probably never been looked at since it was drafted. But I would also argue that the values of fairness/ integrity/ level playing field are inherent in the fact that it is a League. If it was simply a commerical cartel then success would be defined in economic terms rather than by football results.
Mind you, on that criterion Rangers would be relegated!
It appears that we are in a Catch 22 scenario. If newco are not allowed in without sanctions, we may lose their travelling support, but retain some integrity. However, if we allow them to follow the path that they appear intent on, we will most likely lose the travelling support of other clubs. It will be for the SPL chairmen to decide how a compromise is reached, this is an unenviable task as they are damned iif they do and damned if they don’t. My own view is that more damage, financially and morally will be done if no action is taken. The perceived threat to the future of Scottish football is being promoted widely by the MSM, I don’t doubt that there are financial implications, but I’m also pretty sure that the game will survive the loss of any club(s), all that will change is scale. Football has survived in this country for 140 years or thereabouts, and it has done so because it is a healthy outlet for energy and competitiveness. To suggest that it will cease to be if one club, albeit big and influential goes out of business, is nonsense.
I hope that the SPL chairmen arive at a decision for the benefit of all, I suspect however, that they will postpone any decision and await other developments.
Dear Paul
Another awesome post that has further enlightened those of us with less than an intimate knowledge of all things legal.
Unfortunately (for all of your readers and yourself) you have touched on an area where I have had considerable success in the past, INTEGRITY.
This will probably be my longest post on any blog anywhere ever. I will beg your indulgence to hear me out as the results at the end of this “story” were so significant as to make a minor player into an industry leader, albeit after much pain and ridicule from so called “industry giants”.
My professional experience is in Casino Management. I was initiated into Casino malfeasance in the UK when Casinos were not regulated to any extent, they came under the “we expect you to do the right thing” attitude of the UK Gaming Board. There were few checks and balances on the behaviour of the London Casinos until 1979 when so many irregular activities were exposed that a purge of non compliant Casino Companies ensued (this is a book in itself which I may write at a later date). This resulted in companies like Ladbrokes, Corals, Playboy and the Victoria Sporting Club (around 15 Casinos) losing their licenses to operate.
My point in the above is that, when the Gaming Board decided there was impropriety on a large scale, they brought down the axe without fear or favour. You must understand that these were huge players in the industry, employing thousands and generating millions in tax revenue (at least some of them paid the right amount of tax though not many). The Gaming Board did not feel that any of these Casinos was above the law and punished them in relation to the “crimes” they had committed. It was a very hard time for Casino employees and resulted in my relocation to Australia (via Glasgow). This also affected many of the support industries such as gaming equipment suppliers, food and beverage suppliers and Hotel staff etc.
Fast forward ten years to the introduction of Responsible Gambling initiatives in Australia. By the middle of the 1990s many of us in the Gaming industry had realized that we could not continue with many of the practices that were harming the lifeblood of our industry, the PUNTERS. In our Casino we realized that the community, the regulators and, most importantly, our clients would not tolerate practices that were detrimental to them and would in fact work against us. I worked for two years with a small team including Casino Operatives, Social Workers, Government Officials and Gambling Support Services to devise and implement a strategy to protect problem gamblers form insidious and harmful practices from gaming providers.
The end result of this process was a set of rules and procedures that is often promoted as the best in the world. This legislation stands today as originally passed. Many of our competitors in the industry argued that we had set the bar too high. They told us that they could not live with such a high standard and still be profitable. To date the Casinos adhering to the highest standard are very profitable while those who chose a lower standard are beset with regulatory sanctions and various legal situations arising from their lower standards, mostly clients suing them for inappropriate behaviour.
My point, at last, is that once you lose integrity, or morality, then you have lost everything. You cannot defend the indefensible to satisfy financial outcomes. Chairmen of the SPL clubs must ensure that, no matter how it hurts in the short term, they must look to the future and vote with their conscience. They must ask themselves, is what I am doing right or wrong?
Good article Paul but if you are breaking the SPL down to two teams why not go the whole hog and break it down to one team namely Newco.In many peo[ples eyes it is the most important in Scotland.
I also suggest that you look at the Uefa mission statement that seems to put a different slant on it entirely.
Click to access Vision%20Europe.pdf
Slightly off track here a bit, but bear with me:
I can vaguely remember a film in the 70’a called ….And Justice For All, where a defence lawyer (Al Pacino) is forced to defend a judge (John Forsythe) The lawyer’s moral and professional standing are put to the test when he discovers the judge is guilty of rape. Does he go for a comfortable acquittal which was the case, and his job as a defence lawyer, or does he risk disbarment and reveal the truth. A real dilemma. The lawyer’s integrity was such that he couldn’t see a judge getting away with the crime…..the ensuing revelation in court is awesome and one of the best pieces of acting I have ever seen.
Today’s vote casting is not of this magnitude, but the absolute need for each voter to maintain their own integrity is paramount to the proceedings, regardless of the consequence of any threats or intimidation. I would like to think there will be a few Al Pacino’s at the hearing. RFC (ia) are guilty of corruption, cheating and deceit and must be held to account. To even contemplate putting commerce before integrity is nonsense and must be challenged.
(Dual posting on RTC…hope you don’t mind)
“The mission of the Scottish Premier League is to provide an environment in which Scotland’s foremost clubs can improve their quality and image, maximise the commercial value of the game and thus ensure its long term future and prosperity”.
Paul, the very first part of the statement refers to improving ‘quality and image’. They are placed first, before commercial interests, but you have not mentioned them again. Don’t they need to be taken into account when pursuing commercial interests?
In reading ‘foremost clubs’, I also thought it meant all the members of the SPL and was quite surprised by your interpretation. As always though, thanks for putting your thoughts out there.
How about this scenario: UEFA who we are lead to believe is waiting in the wings with a keen eye on the whole shameless debacle, they do not like the (lack of) punishment meted out to RFC and then apply sanctions to the whole of Scottish football denying them of European involvement for a season. Thus showing the SFA/SPL that they had their chance and blew it… Especially if the dual contract thing is eventually proven showing that they (RFC) not only cheated in domestic games but also in European ties thus opening up criticism at a more senior level.
Excellent Paul, however it also says:
“improve their quality and image”. An image that may be tarnished beyond repair. They quality of the product is already dropping and has done, strangely, in direct concurrence with DM spending spree from the early 80s onward.
“adhering to rules and regulations set down by the governing bodies of the game”. Best ignore that for now 😉
However you define “foremost clubs” I would argue that any Newco is not one of them. They are an unknown entity even down to their name: currently a figment of our expectation.
Just think about it, the SPL Board (representative of our foremost clubs) are discussing accepting a club that is as yet unknown, has no players, Board of Directors, managers, coaches as far as we know.
Said team will be allowed to become a member next week. The distinguished gentlemen of the SPL may then find out what they have voted in. What would happen if the board consisted of unfit persons (or the team).
A week is a long time in Politics but you won’t get a Doctor’s appointment in less than that unless you are dying – Oh that’s it !.
The game was rigged from the start, and therefore it’s all OK, seems to be the argument. Great stuff Phil, you’ve just explained why Scottish football rubbish and has no future. Maximising commercial interests? Come off it – if they were truly up for that it would be part of a UK or even European league by now. (Only thing stopping that has ALWAYS been the self-interested stuffed blazers, full of the self-importance they USED TO have, residing at the SFA. Cowards to a man.)
No, Phil you’re a genius. You’ve just eloquently (as usual) explained why the Scottish league exists – so that Rangers, and all their ‘tradition’, can exist.
Now, what would you do if you are, say, a very well run modern football club with a worldwide brand, very good reputation and a massive fan-base, the core of which is continually lauded for their support and good humour? To maximise THAT brand, it would appear that the Scottish league is a little, well, small. Even a bit ‘diddy’, some would say.
Maybe it would therefore be in this club’s own commercial interests that they should spend a few years in, say, the lower leagues of England, working their way up – making at least the amount of money they are now (possibly more, as those leagues would be more commercially attractive with their addition) – until they reach the Premiership, when the riches would really flood in and the club can really make its brand, support and other interests blossom. It would even be a great boon to the city that club is from.
As for what is left of the SPL? Move along now, nothing to see here.
Maybe this is why there has been hardly a peep from Celtic Park over the whole Rangers fiasco? I dearly hope so…
Has SKY came out with a statement saying they will not pay for a deal unless they get to show 4 Old Firm games? Surely what SKY really have in the current contract is first choice of which games to show each week – and it has just been taken as an assumption that means 4 Old Firm games a season? How much is a SKY deal actually worth to the ‘diddy 10′ anyway? Surely Rangers and Celtic take most of the money from broadcasting and, if the SKY deal is renewed, the other teams’ shares of tv revenue will increase by not having Rangers taking a larger than average slice of the pie?
And THIS statement from Mr Doncaster earlier in the year makes very interesting reading…
http://www.scotprem.com/content/default.asp?page=s109