You have been presented with a narrative that we should collapse the Scottish Premier League this summer and have the SFA register a new, two-division, league system to resolve the problems inherent in having too many bodies running our game. This is complete nonsense.
Those pushing for a SPL 2 are, perhaps with good intentions, trying to pull a deal together to reduce the impact of the demise of Rangers FC buy allowing a phoenix the chance to gain entry into the league structure two levels higher than what they now face.
It’s a stupid proposal.
As things stand, there is no chance of a Newco getting access to the SPL next season. Despite Neil Doncaster heavily advocating the notion, the idea is simply undeliverable. Our club has been committed to opposing the proposition from the beginning, while many others now realise they have to observe the strong feelings of their own supporters on the matter.
Doncaster should have realised this was a campaign he could not win before he boxed himself into a corner over it. SPL 2 is an attempt to address the ‘No to Newco’ concerns while bringing the income some in the game hope Newco will deliver.
The unnamed SFA source who briefed the BBC on this topic last week made no reference whatsoever to Newco, their focus was all on the administrative challenges of having multiple bodies in charge of the game, but this was disingenuous. If there was a prospect of Newco getting into the SPL we would not be having this debate.
Tell us the truth, be honest, and these random, ill-considered, notions will perhaps be received in a better light.
The hope is that fans of the former club, Rangers, bring their cash along to watch Newco, which would play SPL 2 football next season and would be subject to whatever penalties the various independent bodies impose for years to come for the illegal actions of Rangers. This would allow Newco to claim the history of Rangers, would perhaps maintain the existing BSkyB TV deal and would meet the ‘No to Newco’ demands.
There are several huge obstacles to overcome. The SFA will soon instruct Lord Carloway’s Appellate Panel to consider a new punishment for ‘Rangers’ for misdeeds during the Craig Whyte era. I expect him to suspend the ‘club’ for 12 months. A new independent judicial panel will consider the case against ‘Rangers’ for subverting our game for over a decade through the illegal registration of players. If/when the First Tier Tribunal finds against Rangers a fresh wave of charges will be brought against any club claiming to hold that identity – as a guide, think of the punishments for the Craig Whyte era multiplied by 12.
These three independent judicial panels will destroy whatever is left of what we used to call ‘Rangers’ and there is nothing the football authorities can do about it.
Sevco, who own Ibrox and have applied for SPL access, already face an enormous challenge to meet trading costs for a year, even in the SPL, never mind a lower league (as Dave King correctly concluded). They are prime candidates for another insolvency event any time soon. Best of all, a Celtic fan has now bid for the assets (more on this later)!
Even if Newco overcame these enormous challenges, the SFA and SPL executives, having realised they cannot convince fans of 11 clubs to hold their noses and put up with a Newco-Rangers, will now try to convince former Rangers fans to cough up cash to support a Newco that will be rendered impotent by the most severe penalties in the history of our game.
I cannot see former Rangers fans accepting their role as cannon fodder for St Mirren, Motherwell and (cough) Kilmarnock in a league where the Mighty Celtic romp home by 30 points.
I don’t have an objection in principle to a two-league SPL but plan it properly, don’t allow knee-jerk reactions to dictate thinking. There’s no point in us getting paranoid about this, it’s not some attempt to help the remnants of ‘Rangers’, it’s just a stupid proposal from people who have yet to see the big picture.
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Status and Transfer of Players & the Future of Rangers FC Players
It has been suggested that Rangers FC players are legally obliged to transfer their contractual responsibilities to a new company that would potentially participate in the competitions of the SFA and the SPL. I cannot stress enough how erroneous this contention is. I have recently explained, very clearly, the situation in an interview with the BBC and suggested that the Rangers players are fully protected not only by the law of the land, but also by FIFA’s regulatory framework.
There is no point in repeating the same arguments again. With the completion of the liquidating event, all rights and obligations of those contracted to the old company come to an end. There is no such thing as ‘transfer’ of contracts to a new company and such contention is to say, the least, oxymoron. Even if we were to accept the term ‘transfer’, such term would require the parties to create new contracts, as the new agreements would have to be between the same players and the NEW company. This is the underlying and fundamental reason for the protection of employees and the CHOICE they are given by the law. It is also a fundamental principle of contract law that no alterations to a contract are allowed, unless both parties have given a valid consent and have agreed to such alterations.
The players could of course decide to create NEW agreements with the new company and they could agree to have the same or similar terms as before. But they have A CHOICE. They could reject any new agreement, they could accept a new agreement with the same terms as before, or they could accept a new agreement with new terms. They are, therefore, not obliged to sign a new agreement with the new company if they do not wish to do so. In terms of football law, they become free agents. The standard SFA and SPL contracts incorporate a series of implied terms in relation to contract and employment statutory instruments, capable of protecting the rights of such players. It would be unnecessary to cite Bosman and the other case law from the European Court of Justice, as well as the ones from the Court of Arbitration for Sport and FIFA’s Dispute Resolution Chamber and the Players’ Status Committee.
This is the reason that I find public comments, to the effect that there would be legal action against the Rangers players if they do not sign for the new company, not only erroneous, but also prejudicial and illogical. Even if the relevant court was to hear the argument that liquidation has not yet been effected and the players have to honour their contracts, such argument, with respect, is flawed and has no merits whatsoever. The players are contracted with a club to offer services, in the form of playing football. Rangers FC is not playing any football at the moment and it is highly unlikely to play any football in the foreseeable future. There is no court in the land that would apply specific remedies against the players, either in the form of specific performance or an injunction. This would be in violation not only of the current law but it would go against public policy too.
It follows, therefore, that any legal action [I would hate to think that any lawyers would advice in favour of such course of action] against the Rangers players is bound to fail, before it would even begin. It would be frivolous, without merits and it would only serve to indicate that the wrong decision was taken. My experience from appearing before CAS and FIFA on similar matters, suggests that much and it allows me to produce the present opinion with certainty, clarity and confidence. We can never be certain regarding the likelihood of success on a legal matter, but the present jurisprudence from the aforementioned legal forums, should allows us to be extremely confident.
Dr. Gregory Ioannidis
21 June 2012
Kitalba.. 11.07
Over the piece Grants writings have been succulent IMO.. Poor..
I think he leans to Mintys wishes.. He may not agree but I read that paper and in general it’s never outright condemned the FODs..
But it’s had several pops at Neil Lennon. After Tynecastle, a nasty article by a Jasper Hammil sticks in mind.
The MSM will never change..
HH
@BBCAlLamont: Lord Hodge orders inquiry into Duff and Phelps appointment as Rangers administrators
Alasdair Lamont @BBCAlLamont
Lord Hodge orders inquiry into Duff and Phelps appointment as Rangers administrators
Hmmmm
Tom
Of course you are, but you wrote
“Anyone who comes on here and criticises the board for not speaking out now have their own agenda”
which sounded like to me that you think they shouldn’t do so!
Financially Celtic would make a lot more money with the new club in the SPL and we have all seen the evidence that the bottom line is their king. Until they publically come out and say something, many fans will be suspicious (perhaps unfairly, perhaps not) of their silence.
We are all applauding Hearts & United for publically announcing integrity over finance, why is it so much to ask for OUR club to do the same?
I have to say Mad Vlad had a fantastic point yesterday. If everyone in Scotland cancelled their SKY Sports packages, I bet they would come back with a phenomenal deal for the SPL.
I have already cancelled mine, I hope others do the same.
HH
If Milne Said thet have not made up their mind yet and is playing games these lads will be none to pleased.
Dons say no to NEWCO – back the Dons
DST warmly welcome the confirmation today that AFC will vote against the admission of NewCo Rangers to the SPL, standing alongside Hearts and Dundee Utd. The decision confirms the paramount importance of sporting integrity to the SPL and Scottish football in general , and firmly shows AFC does listen to their supporters.
Given these circumstances DST urges all members and supporters, who can afford it, to quickly renew or purchase new Season Tickets for next season, thus showing supporter’s appreciation of the club decision. AFC might consider, in the circumstances, extending their “early bird” discount offer until July 4th.
These events show strongly how effective a united supporters voice such as DST can be both locally and nationally, and we encourage more supporters to join us at
http://www.donssupporterstogether.com
Yours sincerely
DST Board
I can’t keep up today, they have reached meltdown.
Padlock on the gates by Monday.
Ooops The Duffers next for the high jump…..
Leave no stone unturned….
If Duff&Duffer are found to be less than squeaky clean, can their fees be given to the Creditors?
greenjedi –
Of course I think they shouldn’t do so. It is called having an opinion. I am not infallible, but I am surely entitled to disagree with other people’s opinions. Isn’t THAT what freedom of speech is about.
There would be no CQN if we were not allowed to criticise or question another poster under the rules of “freedom of speech”.
If I say, the moon is made of cheese, and someone ridicules me for it, I can hardly defend myself by saying . . . it’s called fredom of speech.
That is just a cop-out.
ArranmoreBhoyLXV11
I think the MSM have backed the wrong horse, they never considered that the vast majority of Scottish folk are honest and decent.
So now Duff & Phelps are in deep doggy poo.
Is there no-one involved with Rangers who aren’t subject to ridicule, ignominy or litigation?
This has got to be longest and biggest farce in the history of world sport.
No huge surprise really.
I posted a couple of nights ago asking whether anyone had any insight into the bizarre behaviour of D & P – a supposedly reputable competent company. One poster (cant recall who – sorry!!!) suggested they were co-conspirators – he might have been right…
Tom
An opinion is subjective by its very nature, to the voicer of such opinion it can never be wrong. Only when they state an opinion as fact can we deride it!
BTW do you think the moon is made of cheese????
:-)
Can anyone explain to me the reasoning behind the Club formally known as Rangers having a vote on the SPL Board to decide if a new Rangers will be allowed in?
You see, I’m confused.
If the the Club formally known as Rangers no longer exist then how can they vote?
If the new club is not part of the SPL, how can they been on the board of the SPL to vote?
Is this just done to Neilly Neutral?
What can you say when there is nothing to say because people with much clout are saying it for you?
NothingToSay CSC
:-))))))))))))
Ah ha the corduroys are coming home to roost…
Graham Spiers @GrahamSpiers
The indignation of Rangers fans is amazing. Years of RFC cheating occurs. Yet punishments for it all? ‘It’s no fair! It’s a bloodletting!’
Saint Stivs
Time to arrange another lantern event may I suggest july 4th
HAIL HAIL
greenjedi –
Of course you can deride another’s opinion. We have been doing this every day on CQN every time someone tells us we can’t survive without the Huns.
Anyway, the moon’s a balloon.
Hail Hail
Saint Stivs
Lantern’s are against the law in Australia.
kitalba on 22 June, 2012 at 12:06 said:
Everything is against the law in Switzerland, Europe’s secret wee dictatorship!
Just been told that Green’s attempts to win the hearts & minds of the other SPL chairmen has been farcial.
No deals offered, just a brash, arrogant ‘never mind what your fans think, we are rangers and YOU NEED US’
bye bye rangers…
22 June 2012 Last updated at 12:00 Share this pageEmail Print Share this page
Rangers administrators Duff and Phelps have been ordered to prove there is no conflict of interest over their role.
The move, ordered by Lord Hodge at the Court of Session in Edinburgh, comes after a recent BBC documentary raised concerns about the issue.
Lord Hodge said he took no view about the BBC programme.
But he said Duff and Phelps should produce a report showing they had obtained and acted on legal advice on the question of conflict of interest
Mark Daly@markdaly2
In today’s special By Order hearing at Court of Session, Lord Hodge orders Duff and Phelps to report on BBC’s conflict claims within 21 days
Hector Avocado on 22 June, 2012 at 12:04 said:
Can anyone explain to me the reasoning behind the Club formally known as Rangers having a vote on the SPL Board to decide if a new Rangers will be allowed in?
You see, I’m confused.
If the the Club formally known as Rangers no longer exist then how can they vote?
==================================
Fortuitous timing. RFCIA at this point in time (and on 4 July) are still IA. They won’t technically have been liquidated by that point and so even though they will never kick another ball (or indeed opponent) in anger they will still be the, er, proud owner of the Rangers SPL share that Sevco 5088 Ltd wants to buy for its new club.
Hector Avocado
Rangers FC Plc (In Administration) are still the owners of a share in the SPL. This company has not formally entered into the liquidation process yet but will do so soon so as far as the law is concerned, this entity still exists and still holds its share in the SPL.
There remains confusion as to whether the “business and assets” of Rangers FC Plc have transferred formally to Sevco but the argument could be made that if they have and that the share in the SPL has also transferred then Sevco are the owners of the share.
However, the SPL rules dictate that a share can only be transferred from one company to another following a vote of all the shareholders.
As it stands there are 12 shareholders eligible to vote. One of these shareholders is either Sevco or Rangers FC Plc. Legally the owner of the share is entitled to vote so it may be a case that the owner is Sevco and they are voting to give themselves the share.
If Rangers FC Plc still own the share then it will be D&P voting at the meeting on 4 July or BDO if the liquidation process commences before then.
Mort
TomNc
You heard the moon is made of cheese. That’s funny, I heard that as well.
Don’t take life so seriously. Of course opinions are what it’s all about.
Thought the story of your brothers was really moving. I’m sure they will be smiling down on us all.
Hail Hail
KINGLuBO
Los Dufferos last seen galloping hastily towards the Rio Grande with the fabled cantina beckoning them to the strains of ‘Fernando’s Hideaway’ emanating from within.
” Andale! Andale! Arriba! Arriba! “
Tom McG
It’s a small world, I was in the Railway Tavern on that day! I was also in most of last weekend, it was the 30th celebration of Pat buying it over, it was on a par with every great day I have had in there!
starry plough;
Mate out here it is simply because of bush fires.
@markdaly2: In today’s special By Order hearing at Court of Session, Lord Hodge orders Duff and Phelps to report on BBC’s conflict claims within 21 days
That article by Michael Grant is so patronising, so condecending and so wrong. It shows how utterly out of touch the MSM are with public opinion in Scotland.
HH
SIALF
Tom McLaughlin on 22 June, 2012 at 12:09 said:
Tom sorry mate for posting same as you there.
I
Does anyone know just what prompted Lord Hodge to comment today re D&P when everything seemed to be moving so swimmingly along?
Please tell me I am just being a “paranoid” tim!
Contrary to reports, AFC has still to reach a final decision regarding the 4th July vote on the Rangers newco. This is a critical decision which will have major implications for all clubs and the future of Scottish football. The views of our fans and the issue of sporting integrity will clearly be a major influencing factor in our decision-making.
“There is a great deal of speculation about the future of the game in Scotland flying around at present however I can categorically state that any rumours regarding AFC’s financial position are ill-founded and completely wide of the mark. It is irresponsible for anyone to suggest otherwise. The changes announced earlier this week to the board and the executive are intended solely to significantly strengthen the club’s position and help achieve our ambitious future plans.”
The Strawclutcher is back..
Matthew Lindsay @MattLindsayET
Breaking. Aberdeen chairman Stewart Milne has just denied that the Pittodrie club will vote against Rangers Newco gaining entry to the SPL.
ASonOfDan on 22 June, 2012 at 11:10 said:
Moon is a balloon
Berets are raspberry
Rain is purple
Rangers are ghostly whyte
HH
M