Alarming corporate governance chasm at SFA

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Campbell Ogilvie was an executive director of Rangers for the first five years of their Employee Benefit Trusts and during their earlier illegally-executed tax avoidance Discount Options Scheme.  He received a ‘loan’ from a Rangers EBT, which he has not repaid and is not expected to repay, and recently described his company responsibilities during this period to a friendly journalist as being administrative, and then legislative.

He has been a director of the SFA for 22 years and is now president.

During the period when Ogilvie was director of both Rangers and the SFA the club illegally registered dozens of footballers with the SFA.  All directors are responsible for actions of a company, executive directors especially so.  Those who represent themselves as having administrative and legislative roles, absolutely so.

SFA chief executive, Stewart Regan, yesterday defended Ogilvie’s shameless refusal to resign by offering a defence which echoed Rangers ‘Craig Whyte acted alone’ defence, which was comprehensively dismissed by the SFA Judicial Tribunal.

Regan said, “We have had very clear feedback that the president was not involved in any letter or correspondence with regards to player EBTs.

“We are all aware of businesses being run where you have one owner and operator running the club and a number of directors sitting below. The way this process has been managed, a lot of this correspondence was done much higher up the chain than Campbell Ogilvie.”

This is cringe-worthy nonsense and gets to the heart of the lack of corporate governance at the SFA. Mr Regan is not qualified to assure us that Mr Ogilvie has no case to answer. That is not a judgement for him to make and is certainly not an inference that can be made on the basis of private comments from Mr Ogilvie or other former Rangers directors similarly contaminated by this issue.

Before the chief executive can state as fact how Rangers conducted their business, and the limited involvement of Mr Ogilvie, some form of inquiry must have taken place. No such inquiry happened.

“We have had very clear feedback”, said Mr Regan. Who is “we”, was it an independent panel that received this feedback, or did Mr Regan deal with this personally? Who gave the feedback? Was Mr Ogilvie subject to the same independent scrutiny as anyone else in the game, from Neil Lennon to Craig Whyte, or was this passed off with a handshake?

Mr Regan’s failure to recognise the serious corporate governance failures in his conduct is alarming. We don’t need this guy to know the offside rule but he has to understand good corporate governance requires questions against your president to be openly and independently investigated.

When these are our standards, what else is the executive turning a blind eye to?

Mr Regan was careful to limit his claim on what Mr Ogilvie was not party to. “We have had very clear feedback that the president was not involved in any letter or correspondence with regards to player EBTs” sounds like a substantial piece of information but it’s not.

This only claims that Mr Ogilvie did not author any side letter or contract relating to an EBT, which is not in doubt. The important issue is clearly Mr Ogilvie knew dozens of players had EBTs, he knew football players’ remuneration is subject to detailed written contracts and he knew all money paid to a player, from any source, in relation to football, must be detailed on his contract and registered with the SFA.

For Rangers players’ EBTs to be consistent with SFA and Fifa requirements they would need to be completely discretionary, an optional extra the players were unable to rely on. Mr Ogilvie, the Great Football Administrator, knew all of this.

Instead of good corporate governance we appear to have a self-certified president – we know Mr Ogilvie did nothing wrong because Mr Ogilvie said he did nothing wrong. He is at once, a Great Football Administrator and unaware of the football administration actions of the company he was legally responsible for.

Ogilvie was an executive director of Rangers.  It was his responsibility as a director of Rangers to ensure that the club contracts and legislative responsibilities were conducted in a proper manner.  He was simultaneously a director of the SFA.  It was his responsibility as a director of the SFA to ensure the Association was run in an even-handed manner, that one club – his club or any other – could not load the dice.

Regan went on to say “Since February 14 he has had no involvement at all in any board meetings, any decisions or any meetings with the club.”

It is reassuring that he has withdrawn from an important part of the legislative process of the SFA but his prominent participation in yesterday’s AGM confirms that his influence in other areas remains.

Regan added “[EBTs] are illegal if they are used knowingly in an incorrect manner. That is something we are still waiting for facts on.  But I am satisfied that Campbell has discharged his duty of care.  He has done everything we could have asked of him and, so far as his integrity is concerned, he is a man with many years as a highly respected administrator across the game of football in Scotland.”

“So far as his integrity is concerned….many years …. respected administrator”.  Those words may bring to mind all those years Ogilvie was at Ibrox while Rangers sectarian signing policy was in place.

Regan dismissed calls for his own resignation, no doubt confident he can self-certify his performance.

I am hugely reluctant to open a political debate, but does the painful lack of accountability and scrutiny in Scotland not alarm you? The actions (inactions) of Ogilvie and Regan would never be accepted in England, where structures exist to hold officials to account. As a relic from Rangers sectarian signing policy days, Ogilvie would be regarded as an embarrassing dinosaur, he would never be made president! The ability for officials to state facts without an inquiry would never be tolerated.

We look more like a rotten borough than a country with the mechanisms necessary to nurture a successful state. Where’s your voice now, Mr Salmond?

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942 Comments

  1. Steinreignedsupreme on

    archdeaconsbench on 8 June, 2012 at 12:00 said:

     

    Steinreignedsupreme:

     

    philvisreturns:

     

     

    “FFS, I’m surprised ye overlooked Motherwell!”

     

    ————-

     

     

    Some things don’t need stated…

  2. Darkies izzit ?

     

     

    My mate who is a Chelsea and Celtic fan went to Ibrox in the late 70s/early 80s to watch Chelsea play the abomination. Chelsea had one coloured chap in the team whom the home fans taunted merilessly, to such a degree that the poor soul was substituted only for the match announcer to relay the news to the crowd that their victim was being replaced by a guy called Pope. Cue the full stadium chanting “Bring back the darkie”

  3. The Token Tim on

    Ahhh Harthill, that wee leafy playground of orangeism!

     

     

    The “village” where back in the 90’s a proposed visit by Bishop Joseph Devine to meet with the (very) few Catholic kids at the local school (prior to their 1st Communion/Confirmations) provoked such outrage that he was forced to meet with the kids in the local chapel hall (around a mile away outside the village “boundary” after parents complained that he was not welcome and if he did turn up he would be met by the full local orange flute bawn!

     

     

    Always loved going up there to play against any of the local teams. Nothing better than stuffing the obligatory red-white-and-blue clad inbreds whilst proclaiming after their almost continual jibes, that i was not a Fenian bassa, but more correctly an unrepentant Fenian bassa!

     

     

    The confusion on their wee ugly faces at the word “unrepentant” was a joy to behold.

     

     

    HAIL! HAIL!

     

    Token

  4. KevJungle – “1st Flag on the JUNGLE roof for LENNON’S LION’S” on 8 June, 2012 at 12:15 said:

     

    I was hearing last night that

     

    we might be moving for Hearts

     

    CH, Darren Barr ?

     

    ————————————————————————–

     

    Kev,do you actually hear these things through your ears or

     

    do they just pop into your head?

  5. Steinreignedsupreme on

    KevJungle – “1st Flag on the JUNGLE roof for LENNON’S LION’S” on 8 June, 2012 at 12:15:

     

     

    I think your source needs to sober up…

     

     

    It’s not auld Davie Legless is it?

  6. KevJungle – “1st Flag on the JUNGLE roof for LENNON’S LION’S” on 8 June, 2012 at 12:15

     

     

    I would seriously doubt it, I’ve seen donkey’s with better ball skills…

  7. googybhoy ♥ Celtic and the Lisbon Lions on 8 June, 2012 at 12:06 said:

     

    BB

     

     

    Those chat lines never phone you back anyway.

     

    ………

     

    Maybe it’s yir patter or something you said :>)

  8. KevJungle – “1st Flag on the JUNGLE roof for LENNON’S LION’S” on 8 June, 2012 at 12:25

     

     

    Aye some things are better left unsaid…

  9. Steinreignedsupreme on

    KevJungle – “1st Flag on the JUNGLE roof for LENNON’S LION’S” on 8 June, 2012 at 12:22:

     

     

    “It wisny a source.

     

    “Just fholk talkin.”

     

     

    Even worse.

  10. Trying to get around city centre is a nightmare because of this olympic torch today.

     

     

    What time are the Krankies arriving with it?

  11. Has Dave King exposed Green and Duff and Phelps?

     

     

    In Charles Greens rant in response to Dave Kings statement , he did not address the point below

     

     

    “In my view, based on previous discussions with Mr Whyte, it is unlikely in the extreme that he would sell “his” shares to Mr Green for a nominal sum (even if he hadn’t committed them to me) unless he was obtaining some benefit or retaining some control behind the scenes. Duff & Phelps non-communicative approach to stakeholders causes me further concern in that regard.”

     

     

    Duff and Phelps didn’t respond either to what was an extremely serious charge made by King.

     

     

    Just think about that for a second. Dave King stated that Whyte had either obtained benefit or retained some control behind the scenes.

     

     

    Neither Green nor D&P denied that. Given that Whyte is banned for life from Scottish Football, and given the SFA have put the onus on D&P and Green to ensure that nobody is not fit and proper has an involvement , then you would have thought they would have blasted that accusation right out of the water.

     

     

    Unless of course Dave King’s accusation was completely true. What implications would there be if King is correct.

     

     

    Well King offered two scenarios.

     

     

    Firstly he suggested Whyte might obtain some benefit. Given Green and D&P are on record as saying the shares will be acquired for £1 , then the benefit must be something that gives Whyte preferential treatment over other creditors. His floating charge has been valued at £zero by D&P therefore any benefit he gets would be as an unsecured creditor, which would mean HMRC would have yet another reason to reject the CVA

     

     

    Or

     

     

    Secondly, he suggested Whyte could retain some control behind the scenes. The implications of this would be fatal to the chances of a successful CVA or a yes vote for Newco.

     

     

    So why didn’t Green and D&P come out and deny it outright. Given the significance, the conclusion to be drawn is that Dave King called it correct.

     

     

    The heading of Kings press release was NO GREEN AND WHYTE AT IBROX. He didn’t say No Green OR Whyte at Ibrox. He is calling out Green and D&P and they are not rushing out a denial.

     

     

    It’s an easy one to deny. In fact I will compose the press statement for them (no charge)

     

     

    Charles Green and his consortium or any connected party will not make any payment in cash or kind to Craig Whyte other than the £1 offered for his entire shareholding in Rangers.

     

     

    Further Craig Whyte nor any nominee or connected party have any influence or beneficial interest in Rangers after the sale of his shares

  12. The Token Tim on 8 June, 2012 at 12:13

     

    Harthill

     

    I remember the Primary 7 kids from St.Patrick’s in Shotts, netball and football teams, had to be hidden away in their school after beating them in both sports until a baying mob outside disappeared. They threw bricks at the changing room building’s windows.

     

     

    SPF

  13. With the Olympics just around the corner and the flame just about to hit town, I was wondering which events those involved in football (in Scotland) could partake in.

     

     

    Here’s my starter –

     

    High jump – anyone from Regan, Doncaster & Ogilvie

     

    Weightlifting – Jabba

     

    Marathon – Duff & Duffer

     

    Rowing (up a creek, wan paddle) – TFPLG

     

    Hammer throw – Ian Black

     

    20k walk – the orc hordes

     

    …..

     

     

    I’m sure there’s plenty more :-)

     

    HH

  14. Jim Spence on twitter “Dundee United Chairman Stephen Thompson believes clubs would not vote a Newco into the SPL as things stand”, “United Chairman also says Scottish football can survive without Rangers and that he is in talks about a new deal for manager Peter Houson”

     

     

    As things stand … what about if their situation gets much worse??

  15. ProphetOfRegret on

    HI MUM!

     

     

     

    your = possessive.

     

    example: “pay your taxes.”

     

     

    you’re = shortened form of “you are” (notice how we replace the letter A in this with an apostrophe)

     

    example: “you’re in trouble if you cant use apostrophes”

     

     

    with apostrophes, you are looking to use one when something BELONGS TO SOMEONE(1) or when a letter has been taken out (2) and an apostrophe is put in its place.

     

     

    examples

     

    (1) tommy’s house. glenda’s ball. sally’s mum….

     

    (2): you’re. it’s. can’t. haven’t….

     

     

    if something ENDS in an “S” then you drop the last S and just use an apostrophe by itself, be it plural or whatever.

     

     

    example: Jesus’ fish = fish that belongs to jesus.

     

     

    if you cant remember all of this i suggest not using apostrophes at all, cos it looks better than just adding them in every time you use the letter S

  16. saltires en sevilla on

    Che on 9 June, 2012 at 12:12 said:

     

    coorslad on 9 June, 2012 at 12:09 said:

     

     

    wont be much left to eat and drink when that pair leave

     

    ————————–

     

     

    My dad called the wee Priest who visited regular as clockwork first Friday of the month ‘The Exorcist’

     

     

    no spirits in the house when he left

     

     

    :-)

     

     

    HH

     

     

    M

  17. HMRC wull Quosh.. Squosh and Cosh… The G.A.’s, C.V.A. Hopes!

     

     

    How dae Ah know..,?

     

     

    Well.. Pull up a Stool..and Ah’ tellya

     

     

    But, first of all.. afore Ah possibly may waste Ma Time, in Gieing ye Ma explanation of why.. Ah KNOW that The HMRC wull.. NO gie Mr. Greenjeans the “Hi Sign”..

     

     

    First..

     

     

    Ah wull gie Ma Readers.an ..I.Q.Test.

     

    Fur.. Ah hate tae Deal wi’.. UnintelligentFolk!

     

     

     

    Ready..?

     

     

    Here Goes…

     

     

    “How kin Wan tell..

     

     

    If ..

     

     

    A Glass is Half Full..

     

     

    or

     

     

    that Same Glass..

     

     

    is

     

     

    Half Empty?

     

     

    Get it? Got It? Good!

     

     

    Noo..

     

     

    Gie me yer answer..

     

     

    Kojo

     

     

    Still Laughin’

     

    and

     

    Feelin’.. Much Bettah, by the Day!