Celtic Diary Saturday July 9: Resolution 12: Off To The Court Of Arbitration ?

The world of Timdom awaited with baited breath last night as Celtic Quick News, one of the bigger and more well informed websites in cyber space, gave us all a build up to a 6pm announcement on Resolution 12.

Was this finally to be the John F Kennedy moment ?

No. not that one.

And oddly enough, it wasn’t the other one either.

As the collective audience read through the update, and then read it again, fearing they’d missed something, a puzzled and slightly bemused support realised that there was little in there they didn’t already know.

At least on the surface.

What seems to have been missed by the reader is that this was an update, as in the story so far.

The build up may have given the impression that there was something groundbreaking in it, something we didn’t know, but because of the way the interweb works, that didn’t happen.

Or did it ?

Lets look a little more closely at the wording… which has been thoughtfully put together and has the look of lawyers all over it.

In fact, some would argue that it reads like a charge sheet….

Update is in italics, comments in between…

RESOLUTION 12 – OFFICIAL UPDATE 

Update. The story so far, implying that firstly, there is more to come, and secondly, we’re just letting you know how we are getting on.

In furtherance of Resolution 12 submitted to the AGM of Celtic PLC in 2013, shareholders acting to achieve the aims and goals of the resolution have engaged the services of an international firm of solicitors with a view to having them correspond with the SFA, Celtic PLC and UEFA. 

Note use of the word “international “. Fact is, Scottish lawyers appear to be as equally spineless as the Scottish media. Although it is not known if there is, has been, or will be a preference for lamb. This, in turn, gives an idea of how much effort has gone into this to even get this far.

Over a prolonged period of time, the solicitors concerned have asked the SFA various detailed questions concerning the licensing processes followed by the SFA for and during season 2011/2012 in relation to European Licensing Regulations as determined by UEFA for the purposes of regulating UEFA competitions and Financial Fair Play. 

Again, a process which has to take place, even though, as you will see, there was never any chance of getting anything like the truth out of Regan and his muppets.

Regrettably but not unexpectedly, no meaningful or satisfactory replies were forthcoming from the SFA and on 27^thMay 2016 the solicitors wrote to UEFA and asked detailed questions regarding the administration of UEFA licences in Scotland for season 2011/2012 and in particular sought clarification on the role of the SFA in relation to the granting and monitoring of UEFA licences during that season. 

So we move onto the next step,  going over Regans head.

UEFA formally replied to the solicitors on 8^th June and that reply made a number of points including the following:

1. During the process of granting any licensing application it was the duty of the SFA to “assess” all documents and submissions made by applicant clubs.
2. During the course of season 2011/2012 not only were the SFA/UEFA monitoring clubs for that season, the SFA were also assessing clubs in relation to their eligibility for UEFA competitions for the following season 2012/2013.
3. At an unspecified date during the course of season 2011/2012 it became apparent to the SFA/UEFA that Rangers Football Club ceased to meet the criteria for holding a UEFA Licence.
4. Any sanction envisaged by UEFA arising from the licensing submission made by Rangers FC and channelled through the SFA in June 2011 would not have applied until the following season.
5. Ultimately, no sanction was handed down by UEFA to Rangers FC, nor any investigation instigated into the licensing processes followed in season 2011/2012 because according to UEFA

• Rangers FC, were not granted a UEFA licence for season 2012/2013
• Following upon the administration of the club
  • a “new club/company” was formed which was ineligible to apply for a licence to participate in UEFA competitions for three seasons and which
  • sought entry into the fourth tier of Scottish Football and this “new club/company” would not, and could not in any event, qualify to play in European competition for the next three years. 
  • It should be noted here that the whole point of resolution 12 was to request that the Board of Celtic PLC to seek the assistance of the UEFA Club Financial Control Body to use their powers to investigate and clarify various aspects of the licensing processes implemented and carried out by the SFA during season 2011/2012. 

Points one to five, as in any charge sheet, are merely pointing out the rules, and explaining procedure.

Its the next  bit that everyone was expected to get excited about. and in fairness to the Res 12 guys, there’s something in here worth getting into a tizzy about.

We have official clarification that there is a “new club/company “, which despite all the guff about transferring assets and holding companies and so on, UEFA view it all as the same thing. Hence the forward slash, which clarifies that whatever they may say in the company /club debate, its irrelevant, as UEFA deem it as a single entity.

A new entity, in fact.

The key word in all of that is “new “. It dosn;t matter whether they call it a club, a company or a clusterfuck. Its all the same to UEFA, and its new.

So, in conclusion, whilst we were all aware of this anyway, UEFA have confirmed that no punishment was handed out  Rangers, as they had, by the time action was required, departed this earth, and all their crimes, and therefore punishments, died with them.

And since “rangers ” have yet to qualify for a European competition, there was no need for the governing body to get involved, in the sense that the new club would not have been allowed in anyway, but there was little need to spend any time pointing out the obvious.

Critics, and there have been a few, are asking for publication of the official UEFA document, but that isn’t going to happen.

Which is when my background in PR and law, although to be fair my experience in law tends to be with the defence, rather than the prosecution, comes in..

PR first, and the golden rule is to cover each and every base, as the term goes, with regard to possible responses to every word in any statement that goes out.

One has to consider each and every argument that may arise after you put something out there.

Or, to cut to the chase, there is a reason why the entire communique has not been published.

Which has to be that the guys are not ready for the response to it, and this update merely lays the groundwork for what is coming next, which we will deal with in the conclusion later..

Shareholders wanted to ensure that the game in Scotland was being properly administered and were seeking to ensure that there was open, transparent and accountable governance and that UEFA rules were being properly complied with.

At no point did the resolution seek any kind of investigation into the conduct of Rangers Football Club or its Directors and the sole object of the resolution is in relation to proper governance and the proper application of the football rules by the footballing authorities in Scotland. 

We return here to clarification of why resolution 12 came about. Again, making sure everyone knows what its really about. Especially as quite a large section of society, including those in the media, have shown a remarkable level of either willful ignorance or willful stupidity-perhaps even both-and decided its just another west of Scotland Celtic Rangers thing, which of course it isnt , as one of those clubs is dead, which makes even the most basic level of communication with them a bit tricky.

However, in terms of accountability, the full UEFA response, when set against and contrasted with other information in the public domain, previous replies and public statements from the SFA, has raised further significant and as yet unanswered questions that shareholders feel should be drawn to the attention of UEFA Club Financial Control Body, the SFA (who said they would cooperate with any enquiry/investigation by UEFA) and Celtic, whom UEFA invited to take up directly.

NB: The contact details provided by the SFA to CFC Plc were for the Club Licensing & Financial Fair Play section of UEFA and not the CFCB.

These questions will be raised with relevant UEFA authorities (copied to Celtic and the SFA to consider) by the solicitors acting on behalf of shareholders by the end of July to allow for the intervening holiday period now upon us.

When the CFCB are in possession of our concerns Resolution 12 will have run its course as far as the representatives of the signatories to Res12 can take the matter without Celtic’s committed involvement to seek reform of the SFA and introduce greater transparency and accountability based on events since 2011. 

And so, thats whats next.

The solicitors have decided, and not without good reason, that the SFA are bloody useless, and won’t come out from under the table to deal with the issue.

So then its onto UEFA.

Thats my interpretation, and of course , as it was a Friday night, I waited until a couple of our pish stained sources were well and truly pish stained, and then asked a few questions myself….

You’ll notice I’ve used a headline that implies a visit to the Court of Arbitration for Sport.

What is the Court of Arbitration for Sport?

The Court of Arbitration for Sport is a body or institution which is independent of any sporting body or organisation meaning that it has no connection to any of the large sporting governing bodies such as FIFA or the Rugby Football Union (RFU).

It was first created in 1984 and in relation to the administrative and financial side it is placed under the authority of the International Council of Arbitration for Sport (ICAS).

What is the primary function of the Court of Arbitration for Sport?

The primary function of the CAS is to provide services in order to facilitate the settlement of sports related disputes either through arbitration or through mediation.

The case undertakes this function trough the establishment of procedural rules which have been adapted to fit in with the specific needs of the sports world.

This is a very long road for the Resolution 12 guys, and even now they don’t know how far along it they are, or where it will end up.  But they are still on it, and moving forward, even if sometimes they have to stop and have a chat over  a coffee.

What is disappointing from where I am sitting is that the club, that’s Celtic, to you and me, are not giving any indication, despite early encouragement, that they are willing to get involved.

For instance, the new entity are about to visit Celtic Park for the first ever league fixture between the two, and although we’ve heard the match programme will refer to this, I’m not so sure any more.

A recent youth fixture between the two clubs had a wee competition within the pages of its own matchday magazine, which asked how many times the clubs had met, and one of our readers, Lennon CSC tarrier carrier pilot Chrisbhoy , was enraged to find out the answer was in the four hundreds…

Mind you , he’s usually angry about something, or someone. Usually me , to be fair, as it takes me ages to get out fo the pub when its time to head back south.

This may be a small point, but its one of those little points that, when they go unnoticed, grow into bigger issues, which in turn hide the truth as its felt nobody cares anyway.

The UEFA new club ruling is important. Anyone who tries to sell or market the first game as an Old Firm game is actually guilty of misleading advertising.

Fair enough, Celtic have dropped the OF tag, but must now take it further, and release their own statement.

And heres the tricky bit.

We’re all clamouring for a statement, but what do we actually want them to say ?

Rangers are dead ?

We already know that

The SFA are cheats ?

We already know that as well, but this is where the problem lies.

What do we want them to say ?

What would make us feel that finally, the club is going to get off its collective corporate arse and do something thats right ?

We know that we were cheated.

We know who cheated us, and why.

Therefore the club must know as well.

Therefore t’s not really about what they are going to say.

It’s about what they are going to do.

If the board are happy to lie back and have their tummy tickled, then they have absolutely no right, no right whatsoever, to have the words “director, Celtic Football club “, anywhere near their name. 

Not one of them deserves to be in the same room where reside  the spirits of men like Robert Kelly and  Fergus McCann.

Robert Kelly refused to take down the Irish tricolour when the SFA told him to.

The current lot would have taken it down, wrapped it up and hidden it under the bed. And told the support to do the same thing.

Fergus McCann went after the SFA over the Jorge Cadete delayed registration fiasco, and it lead to the resignation of Jim Farry, the  SFA chief at the time.

This lot would have let that go, signed some non entity from the back of nowhere and told us he was the next best thing.

The current board of directors, lazy  at best or wilfully negligent at worst, have no choice but to act.

The guys have tried to get answers, now its the clubs turn.

Hey, they could even work together.

They need to say what they are going to do-one way or another-and then go and do it.

It would be far easier to do that now, than to have to await until it goes to CAS, because, according to some drunk I spoke to last night, thats where it will end up.

Resolution 12 is not going away.

In fact, those involved have a clear idea of exactly where it is going.

Shall we lighten the mood a little now ?

Well, we can’t….it gets worse…

Celtic face Maribor tonight in the final game of the pre season tour, and there may be trouble ahead…

We heard that Ronny Deila is heading to the game, which could turn into a grudge match against the side that started his slide into unemployment, and he could be out to cause trouble….

We put the question to Summer Harl, the presenter / producer from Celtic TV, and we have to say she’s refused to deny it….

The players have appeared to take to the new training regime, and there is little chance that they will be bullied on the pitch this year after this extremely physical work out, which we are told is some form of mixed martial arts session…

A support like no other.

Transfer news ?

Er, no.

Just that there will be some movement soon.

Two in, just the details to sort, and there was never any chance of them even being considered for Tuesday game anyway, so stop fretting about it.

Yesrdays caption, and a comment about the ferocity of the French Army, which probably should be allowed, but made me laugh