Andy Burnham, former MP, now Mayor of Manchester and lifelong Evertonian, has written a very strong letter to Alison Brittain, Chair of The Premier League.
We are reproducing it here in full:
Dear Alison
EVERTON FOOTBALL CLUB: DEDUCTION OF POINTS
I wish to register a formal complaint about the process which has led to the deduction of 10 points from Everton Football Club.
I write in my capacity as an Everton season ticket holder and not in an official capacity although I do believe that the handling of this issue raises concerns for anyone who cares about the integrity of English football and wishes to see the ongoing success of the Premier League.
There are many points I could make but I will confine myself to one: the failure of the Premier League to have a sanctions policy in place before commencing this process.
In paragraph 84 of the Independent Commission’s findings, reference is made to the fact that, five years ago, the English Football League adopted sanctioning guidelines for breaches of its Profit and Sustainability Rules (PSR). Paragraph 85 states: “the Premier League has not incorporated any such guidelines into its Rules.”
Following this, I was frankly astonished to read in paragraph 86 that, as recently as 10 August this year, the Premier League Board adopted a PSR sanctions policy which the Chief Executive then presented to the Commission.
Paragraph 90 records the Commission’s refusal to adopt the sanctions formula proposed by the Premier League Chief Executive.
The fact that the Premier League sought to introduce a new sanctions policy in the middle of this process amounts, in my view, to an abuse of process. I would argue that it should have had one in place before it commenced these proceedings and established this Commission. Paragraph 89 clearly registers the Commission’s concern that it was set up on one basis by the Premier League and that there was an attempt to change it in the middle of the case.
It could be argued that the Premier League handing a new penalty regime to the Commission in this way is akin to the Government handing new sentencing guidelines to a judge in the middle of a particular trial. Any right-minded person would see that as an inappropriate attempt to Influence due process. From my experience of regulation, introducing new rules in the late stages of a process would be regarded as regulatory malpractice.
Worryingly, as I understand it, the sanction handed down by the Commission closely follows the basis of what was in the Premier League’s submission.
So, what we have ended up with is the harsh penalty the Premier League clearly wanted but with no formal policy basis for the calculation of that penalty nor any policy basis upon which it can now be challenged at appeal. It is, in effect, an arbitrary decision which seems to result from the pressure applied by the Premier League and any appeal against it would be a similarly arbitrary process. How on earth can Everton Football Club be assured of fair treatment in these circumstances?
I am told that at no point has the sanctions regime submitted by the Premier League to the Independent Commission been shared with the 20 Premier League clubs nor has it been endorsed by them. Indeed, I understand clubs were not even aware of this new sanctions regime until they read about in the findings. Can you confirm that this is the case and, if so, explain why it was not discussed with the clubs before?
Is it the Premier League’s intention to present this framework to the clubs and to seek its adoption in the Premier League Handbook? If so, how is it proportionate that a £20 million breach of the PSR regime attracts a 10-point penalty and a club going into administration only a 9-point penalty? If, on the other hand, the Premier League does not intend to present the sanctions framework to the clubs, will people not conclude that Everton have been put on trial according to one set of rules that will never be applied to anyone else?
As there are no precedents for any such penalty in the Premier League, many have looked to find them within the English Football League, particularly the Championship. For sporting integrity reasons, it is clearly important for the sanctions regime between the Premier League and the Championship to align. As I understand it, if Everton’s case was to have been heard using the EFL guidelines, the sanction would have been much lower than the one imposed.
To be clear: I am not arguing that Everton do not have a case to answer nor that they do not deserve any punishment. The issue is whether the process was fair.
People are asking why Everton’s case was handled in this way and the overriding consensus amongst people I have spoken to is that the Premier League pursued this presumptive action against Everton as part of a political strategy to fend off an independent statutory regulator. I am not in a position to know whether this is right or wrong. But it does prompt one final question: can you assure me that this is not the case and that there were no internal discussions – nor are there any internal documents – showing that Everton’s case was discussed with cross reference to the Premier League’s concerns about a statutory regulator?
The only fair course of action that I can see from this point is for the panel’s ruling to be declared null and void. I cannot see how any appeal process would result in anything other than a similarly arbitrary judgement as that made by the Commission and, for that reason, I do not believe that an appeal will resolve this matter. Instead, I believe the Premier League should publish its proposed sanctions framework for the PSR regime without delay, seek its adoption by the 20 clubs and establish a new Commission to hear Everton’s case against that framework.
I would be grateful for your detailed response to the questions I have raised. Given the fact that Parliament now clearly has an interest in these matters following the recent King’s Speech, I am copying this letter to the Secretary of State for Culture, Media and Sport and the Shadow Secretary of State. If an acceptable resolution to this matter cannot be found at this stage, I will refer this matter to the Government given its policy implications for the Bill soon to be presented to Parliament. One of the main purposes of the Bill is to “safeguard the future of football clubs”. It Is hard to see how the Premier League’s actions have achieved anything other than the complete opposite In this case.
Everton is one of England’s oldest football clubs, a founder member of the Football League and of the Premier League. We do not ask for special treatment. But we do request that our club is treated with the respect it deserves.
Yours sincerely
[Signed]
ANDY BURNHAM
cc Rt Hon Lucy Frazer MP, Secretary of State for Culture, Media and Sport
Thangam Debbonaire MP, Shadow Secretary of State for Culture, Media and Sport