21/03/2024 19comments  |  Jump to last

The Everton Fan Advisory Board has issued an Impact Statement ahead of the club's second Independent Commission hearing demanding suspension of the Premier League's Profitability and Sustainability Rules, hearings and sanctions.

The FAB is demanding that the Premier League suspend all PSR commission hearings given, it claims, a “lack of any transparent process or framework addressing PSR breaches and subsequent sanctions in a consistent and fair manner” and “application of a potential second sanction covering a time period for which supporters and the club have already been penalised”.

It also calls on Parliament to “ensure the new Independent Regulator has full oversight and powers” on PSR. “It looks like the Premier League is literally making this up as they go along,” says Dave Kelly, chair of the FAB.

“Whilst we’ve always been clear our club has had a case to answer, we’re now in the bizarre situation where some clubs, but not all, have been brought before a commission still unclear about what the rules of the game are when it comes to sanctions, with the groups of commissioners themselves having no clear guidelines to work by.

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“We’ve now had 3 hearings, overseen by 3 different commissions, applying 3 different approaches, and reaching 3 different conclusions. In the last week, we’ve also seen the Premier League confirm that it will be looking to change the PSR rules as early as this summer.

"The rhetoric we hear today is that football is nothing without fans. But how does this chaotic approach to regulation inspire confidence for supporters, especially when even the Premier League recognises its own policies aren’t fit for purpose?

“This has an impact on real people – supporters, players and club employees. We note that legislation has now been introduced to bring in an independent regulator. But it doesn’t go far enough.

“The Premier League has proven that it has failed to bring proper, fair and transparent oversight of our game. That’s why we’ll be calling for football supporters everywhere to ensure that this legislation equips the regulator with full powers and oversight over profit and sustainability.”

Read the full Impact Statement at the FAB website


Reader Comments (19)

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Tony Abrahams
1 Posted 21/03/2024 at 14:04:51
I can imagine the powers that be must be sitting behind closed doors thinking, how the hell are we going to shut these moaning Scouse bastards up?

Cleverer people than me have tried to explain that there is a clear picture getting built up by the Premier League with regards to how they have come about making their decisions but I tend to agree with the Everton FAB, and think they are making it up as they go along, using this latest tool in a similar way that they have used the ill-fated VAR.

Michael Kenrick
2 Posted 21/03/2024 at 15:19:38
Yes, Tony, the goings on can be interpreted to be 'chaos' — interestingly, no mention of 'Corruption' though this time around… Funny, that.

Or you can follow along as the Premier League implement the rules that clubs agreed upon, and our imbecilic club leadership fell foul of – despite plenty of time, allowances, and dire warnings from the Premier League to change their ways before they were charged with a breach – and as the PSR process evolves through a well-established principle known as case law.

I fear this call may achieve as much as the well-intentioned Fan Impact Statement the FAB submitted to the Appeal Commission.

Deaf ears.

Dave Abrahams
3 Posted 21/03/2024 at 16:15:32
Michael (2),

Never mind the deaf ears Michael, who is right, The Premier League or those who say the whole affair is being made up as they go along?

Brendan McLaughlin
4 Posted 21/03/2024 at 16:19:55
Indeed Michael #2

And if/when Everton escape with a minimal penalty after the second hearing, perhaps we may see some order begin to emerge from the chaos.

I'm reminded of the old management speak that used to be applied to work groups... forming, storming, norming, performing.

Perhaps that also applies to commissions.

Tony Abrahams
5 Posted 21/03/2024 at 16:37:20
I think the only way order will be formed is if they carry on with the process, Brendan, but it sounds like they are already thinking about shutting down the current process.

I bet you a lot of those old work groups were a lot more organized than the Premier League though, because they are an organization that do seem to be creating a lot of unorganized chaos right now.

Principles and the Premier League, Michael? Come on!

Mal van Schaick
6 Posted 21/03/2024 at 17:04:14
I said from the start that the Premier League are bringing the game into disrepute and making a mockery of their decision making and the game, in what are outdated financial rules, where Premier League clubs financial situations have changed, through ownership, sponsorship and other business investments and opportunities.

Withdraw the previous decisions and reinstate all points to clubs who have allegedly broken the rules, call an extraordinary meeting of all the clubs and thrash out a system that is more fitting in today's circumstances and let the clubs vote on it.

Barry Cowling
7 Posted 21/03/2024 at 17:14:57
The thing that bothers me with all this is, who is paying for the independent commission, the taxpayer? And who, if this is a government thing, is qualified to decide on these matters that are of paramount importance to the fans of the clubs?

Also, I'm assuming we have no clear guidance on the rules due to the fact that the clubs could not agree on this matter?

Finally, it all stinks so much that to me, the Court of Arbitration for Sport is where it should be heading, especially if we go down. I remember reading something whereby signing up to the Premier League we waive our rights to go to the Court of Arbitration… now if this is so, then surely in a supposedly democratic and free country as England (not some dictatorship), then is that not against the laws of a free and open country?

Dale Self
8 Posted 21/03/2024 at 17:25:28
While I don't expect it there could be a leak of what happened behind the scenes that unleashed this fiasco. My guess is that, after the Abramovich exit from Chelsea, the Premier League thought they could unsettle Moshiri and force an exit.

It is our shitty fate that they attempted it with such a flawed and haphazard process. Maybe by not going quiet, we can force some sunshine on this cesspool, just maybe.

Jay Harris
9 Posted 21/03/2024 at 17:28:47

I would hope our new expensive lawyers are looking into every loophole. The problem is, if you plead guilty, you are stuck with the consequences. We should have done a Man City in the first place and argued the case about including interest on loans necessitated by investment in the new stadium and the effect of the pandemic and the Ukraine war.

These rules have supposedly been in place since 2014 – can they honestly say that no clubs other than Everton have transgressed in this time? (I'm excluding Forest because they only just came up.)

We need to load up as much ammunition as we can to fire back at this corrupt and biased organisation.

Michael Kenrick
10 Posted 21/03/2024 at 17:55:24
Barry @7,

I'm pretty sure the Premier League's independent commissions will not be paid for by the taxpayer, but out of the league's own fat coffers.

Unless you mean the Independent Regulator? That will be paid for by the taxpayer. But not for a few years yet, in all likelihood. But rest assured – the lack of qualifications to perform such a role will not be an impediment, I am certain of that.

Given the way it works, the Premier League clubs will have voted on and approved by at least a 14 to 6 majority, the rules and guidelines… including the lack of a specific sanction recipe for breaking PSR, which has got everyone hot under the collar.

I think you might be right about the Premier League clubs giving up any rights to take things to CAS, and this may also prevent intervention by the courts of this land. But that's what happens when you join the self-regulating private members club that is the Premier League.

Brendan McLaughlin
11 Posted 21/03/2024 at 18:06:26
Tony #5

I think you are conflating two things which are not inextricably linked.

Certainly the Premier Leagueappears to be positioning itself to move to a squad/revenue ratio based approach in line with Uefa.

However, that doesn't mean the current emerging punishment regime needs to be completely abandoned.

Teams which breach the permitted ratio may still very well receive a points deduction. Perhaps a 6-point deduction will continue to be the norm unless the breach is very minor or extremely significant.

And perhaps those clubs who are in breach but who co-operate fully with the Premier League may have any deduction reduced.

Sounds depressingly familiar...

Bobby Mallon
12 Posted 21/03/2024 at 18:26:33
Micheal @2,

The clubs didn't agree on the punishment because there was no punishment for breaking PSR.

Like everyone keeps saying, they are making the punishment up as they go along.

Tony Abrahams
13 Posted 21/03/2024 at 20:55:14
Yes Brendan, all this guesswork is very depressing mate.
Kevin Edward
14 Posted 21/03/2024 at 21:25:45
Thunderbirds are go!

Good to see this statement is being made, it's less about expecting the Premier League to change their process for me, but more about sending the message that we can see what they are doing and calling them out as a bunch of knobs.

The more the fans lay into them, the more focus is on them.
The Premier League know what they are doing, but we need to flush out the reason why we are getting mugged. The club aren't very vocal at the moment, so why not let the fans have a pop?

Brendan McLaughlin
15 Posted 21/03/2024 at 21:34:22
Bit of a stretch, Bobby #12.

The clubs agreed that any punishment should be decided by an Independent Commission.

And of course they are making the punishment up as they go along... that's how case law evolves.

Michael Kenrick
16 Posted 21/03/2024 at 22:11:22
Bobby @12,

"The clubs didn't agree on the punishment because there was no punishment for breaking PSR."

I don't know where you got that one from, but I think there's a bit more to it.

I do know that the clubs agreed to Rule W.51.4 which lists suspension, points deduction and expulsion among the punishments clubs could get.

And then there's the catch-all Rule W.51.7 which ends "or such other penalty as it [the Commisssion] shall think fit."

Reading that, it sounds to me like the clubs very much agreed to let them, as you say, "make it up as they go along". It's right there in the rules.

Tony Abrahams
17 Posted 22/03/2024 at 08:20:50
A lot of clubs must have been like a lot of those desperate unfortunate people agreeing to high-interest loans. Just get it signed and get the money, and don't bother reading the small print.

Most of the power is in the hands of the big clubs and, without these clubs, then the rest would be picking up crumbs!

Jerome Shields
19 Posted 22/03/2024 at 10:21:08
Brendan #15

'That's how case law evolves' – is a good point.

I just wonder regarding this FAB statement which is blaming the Premier League rather than holding the club to account, as was their original function. I don''t think Jazz Bal would have got caught up in that. I doubt the Premier League will take a blind bit of notice.

Paul Kossoff
20 Posted 22/03/2024 at 15:05:41
Today's BBC Teletext saying we are to get another four points taken off us. I know is it's only paper talk but it's worrying never the less. If we survive this season it will be by the skin of our teeth.

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