Scottish Football Chaos

Well, it has been a difficult time in Scottish Football since the game was stopped on 13th March following the Covid19 outbreak. At that time Hearts were bottom of the SPL by four points but, with the split in the table arriving shortly, still had eight games to play. The initial thought was that this would only be a short-term measure but as time wore on and the pandemic spread it became obvious that there was going to be a long period with no football and thoughts turned to what to do if the season could not resume. This then became a signal for Scottish football to descend into what could only be described as a farce as decisions were made without regard to the consequences for the clubs involved. 

On 8th April the SPFL announced  a plan to end the leagues as they stood which would allow prize money to distributed to the member clubs in line with their current position in the league table. Lower league clubs had been complaining about cashflow difficulties without the benefit of matches in front of paying spectators, despite players receiving 80% of their wages under the governments furlough scheme. The plan was to end the lower leagues but not to finalise the SPL until it could be confirmed that the season could not be recommenced. This meant relegation of Patrick Thistle from the Championship and Stranraer from league One. Surprisingly Brechin City, bottom of League Two, would not be forced to play-off for their league place against the winers of the play-off between Brora Rangers and Kelly Hearts given the play-offs had been cancelled without consultation with the Highland and Lowland Leagues. The cynic in me wonders if this had anything to do with the chairman of Brechin being on the SPFL committee. 

Clubs were given until 5.00pm on 10th April to vote on the proposal despite company law stating that votes should be received within a twenty-eight day period. Rangers immediately issued a statement that they were against the proposal which was not surprising as the proposal would mean Celtic crowned champions if the SPL was ended.  Hearts also voiced their displeasure as they felt that with eight games remaining they could pull back the current four four deficit at the foot of the table. The day after the resolution was released the SFA announced that there was no prospect of competitive football be played until at least 10th June. Come the 5.00 deadline on 10th April the SPL were in favour of the resolution( 10 clubs in favour when only nine require to pass resolution) as was the League One and two sides ( 16 yes with only 15 required). However in the Championship where 8 votes were required in favour only 7 had been received with Dundee appearing not to have voted. Dundee's no vote was then discovered in an SPFL quarantine folder which should have meant the resolution had failed. But no. Dundee then claimed to have changed their mind and the SPFL allowed them to vote for the resolution with the vote being received on 15th April. I would like to see this tactic tried at a General Election. "Sorry i voted for Labour but now have changed my mind and want to vote SNP". I do not think the returning officer would stop laughing for days. 

The SPFL then stated that the vote was in favour with the Championship and Leagues One and Two being ended with clubs positions remaining at 13th March while the SPL would not be awarded until the SPFL decided it would be impossible to start the fixtures. A new £30m TV deal with Sky had been signed and would come in force from 1st August. The remaining SPL fixtures would therefore require to be completed before that date to allow the new deal to start. However the SPFL also announced that they had formed a committee to look at league reconstruction. The committee would be chaired by Hearts Ann Budge with Les Gray of Hamilton being vice-chairman. The remit was to look at a solution which would prevent clubs from losing out due to the early finish of the 2019/20 season. The simplest solution would have been a move to a 14-10-10-10 structure which would have meant the current SPL sides would have been joined by Dundee United and Inverness Caledonian in the top division. Both Kelty and Brora would come in to League Two with two sides being promoted from both League One and League Two. In effect there would be no relegation and Hearts, Patrick, Stranraer and Brechin would remain in their current leagues. However there were concerns expressed that sides in the SPL may miss out on the larger gates when they meet Celtic or Rangers if the now infamous 'split' in the table came after two rounds to fixtures rather than the current three. The lower league clubs were also worried that the addition of two further sides in the top division would lead to a reduction in the end of season prize money available for distribution. Rangers then submitted a resolution alleging that they had evidence of wrongdoing within the SPFL and the resolution to end the season should not be carried until an independent resolution had been carried out. The SPFL carried out an internal investigation, surprisingly never made fully public, which found no evidence of wrongdoing. The club then voted against Rangers resolution for an independent enquiry. 

Rangers then decided to come out with a reconstruction proposal. Their idea was to bring the Colts sides of both Rangers and Celtic into League Two after expanding the SPL to 14 clubs. The Colts sides would be able to be promoted up the leagues but would be banned from going any higher than the Championship. To sweeten the proposal it was proposed that in addition to a lump sum payment, reducing over three years, the Colts sides would purchase 1000 tickets for their away matches to provide additional income for the lower league sides. The idea of second teams within lower leagues may work in Spain and Germany but is a country the size of Scotland allowing clubs to have two sides in a professional league set-up seemed ridiculous. It should also be noted that neither Rangers or Celtic have a great record in bringing through young players in recent years. Celtic currently have Calum McGregor and James Forrest who have come through their youth system while Rangers have Alan McGregor, albeit he moved away and is now in his second spell with the club. Thankfully this proposal did not go any further. 

The reconstruction proposals were then scrapped in early May due to a lack of support, particularly from the SPL and the season called to an end on 18th May. However some of the clubs previously against reconstruction changed their minds and a three league 14-14-14 setup was then proposed by Ann Budge. Again this never went a vote due to a lack of support. Following this on 15th June Hearts confirmed that they, along with Partick Thistle, would be taking legal action against the relegation decision. Stranraer, the third relegated club, were unable to take part in the action given they would have been unable to meet the legal costs involved. This decision caused further issues as the SFA articles state that clubs should refer any football related issues to the SFA for arbitration and legal action was not permitted without SFA approval. I am not sure that this was a football related decision given the matter hinged on the vote to end the season which was a procedural rather than a football matter. The court hearing began at the Court of Session on 1st July. Hearts and Partick found themselves taking on not just the SPFL, but also Dundee United, Raith Rovers and Cove Rangers. These three clubs had been declared champions of their respective divisions and felt a successful action would place their promotions in doubt. Lord Clark oversaw  an initial hearing to decide whether the case would be decided by the courts or an SFA appointed arbitration tribunal. After listening to the evidence Lord Clark decided that the case should be heard by an arbitration tribunal, but that documents must be recovered from the SPFL surrounding Dundee's vote and witnesses can be called.

The tribunal sat for a week and their decision confirmed the relegation of Hearts and Patrick while also dismissing the two clubs claims for compensation totalling £10million in the event pf relegation. After the tribunal decision was announced the SPFL then asked that the arbitration judgement, which was made in private, be published in full. Hearts and Patrick refused to agree unless the whole process including documents reviewed was put in public view. Hearts and Patrick were subsequently fined £2,500 each by the SFA for the breach of their rules in taking legal action. The level of the fine, to my mind, shows that the SFA were not confident that any legal challenge to the rules would be upheld in the courts. I cannot see how any organisation cannot a member to take legal action to protect their individual interests. 

Hearts originally estimated that relegation would cost them £10milllion in turnover. This will in all likelihood increase with the reduction in the Championship fixtures from the usual four rounds to three rounds due to a delayed start to season 2020/21. In addition to reductions in gate money from less attractive features there will be reductions in corporate hospitality, souvenir purchases and television money. I think that Hearts fans could have accepted relegation if this had been confirmed on the pitch but to be expelled from the SPL with eight fixtures still to be played leaves a sour taste in the mouth. When they were last relegated Hearts went down due to a fifteen point deduction imposed after going into administration and I am sure this make make Hearts the first Scottish side to be relegated twice due to off the field decisions. The whole episode does not show Scottish football in a good light and I think that it will take a long time to be erased from memories. The self-interest shown by clubs came to the fore with no concern given to the clubs who had been adversely affected by off the field decisions and I know that a number of Hearts fans have already stated that they will no longer travel to away games as this will give money to clubs who have refused to assist in the plight of the relegated sides. I will not go and watch Hearts at Dundee again given the change of mind which was permitted by the SPFL. To make matters worse the SFA are going to continue the 2019/2020 Scottish Cup with Hearts playing Hibs in the semi-final of that competition despite the squad being much changed from that which played in the earlier rounds of the competition. Again playing out the Cup is to satisfy both TV and sponsorship deals which the SFA have negotiated. It may also have something to do with Celtic being able to complete another Treble given they won the League Cup and were awarded the SPL title in 2019/2020.