Hearts may seek legal advice if SPFL confirm relegation

Hearts owner Ann Budge has expressed her ‘bitter disappointment’ at the news that reconstruction talks at the Scottish Professional Football League (SPFL) have broken down. It is almost certain that, as a result, Hearts will be relegated to the Championship despite there still being eight games to play in the 2019/20 season.

In a lengthy statement on the club’s official website, Mrs Budge intimated Hearts will be taking further advice on what options are available. In an interview on BBC Scotland’s Sportsound programme on Saturday former chairman Leslie Deans suggested Hearts should mount a legal challenge to the SPFL if and when they decree Hearts will be demoted.

Ann Budge’s statement, available on the Hearts website is as follows:

“As you can imagine, I am bitterly disappointed, although sadly not surprised, that there is insufficient support from Premiership clubs to expand the top league of Scottish Football to avoid unfairly penalising any club as a consequence of the Covid-19 pandemic. This is the only option available to avoid the unfair treatment of a number of fellow members of the SPFL, but it was yesterday dismissed.

Why was
expansion of the top league dismissed?

There
were a number of reasons offered as to why this could not receive support,
including a view stated by a number of club representatives that this was,
effectively, a distraction, and all of our efforts needed to be focused on the
bigger issue of how we get football back playing as quickly as possible.

Firstly,
this is incredibly sanctimonious, suggesting as it does that those of us
involved in looking at this issue are failing to recognise what “the real
issues” are.  Or perhaps it suggests that we are all incapable of
considering more than one challenge at a time. Speaking for myself, I am pretty
good at multi-tasking.

Secondly, to say we will look at this
question at some point in the future, when we have dealt with the current
crisis, is totally missing the point.  The briefing notes accompanying the
recent SPFL Resolution stated “We have received several suggestions promoting
League restructuring, perhaps around an
enlarged 2020/21 Premiership.  Such restructuring might
offer the opportunity for
relegation for Season 2019/20 to be avoided for all Clubs.” It
went on further to state that “…in the event that the resolution proposed to
Clubs is approved, your Board is committed to using the months of April and May
2020 to consult over a possible League restructuring in time for
Season 2020/21 around an expanded Premiership model.”  The
clue is surely in the dates!

The suggestion was also made at yesterday’s
meeting that the only reason that this is even being discussed is because it is
one of the larger clubs, namely Hearts, that will be affected.  Not only
is that statement hugely disrespectful to those other clubs in the same
position, it flies in the face of the view expressed by so many that no club,
however large or small, should be disproportionately disadvantaged because of
this crisis situation. 

I have stated from the outset, and very few
clubs disagree, that it is fundamentally wrong that any club should be unfairly
penalised by exceptional decisions that have had to be taken to deal with the
current crisis. I would stand by that view, regardless of Hearts own
position.  I have principles, which govern my behaviour and I could easily
take offence at the implication that I am only taking an interest because it is
Hearts. This may be how others behave. It is not, however, how I behave!

If something is wrong, it is wrong, and we
should all be doing our utmost to correct that wrong. To pour more financial
hardship on specific clubs, given what we are all going through both now and
for the foreseeable future, is both outrageous and shameful.  We should be
standing together to help clubs to survive and to save jobs.  This
decision simply flies in the face of all of this.

Fundamentally, the main reason clubs are not
prepared to consider a restructure is because of the Sky contract.  It is
well known that Sky would have to agree to a restructure. Without any
discussion with Sky, there is a totally incomprehensible assumption that we
would be unable to navigate successfully through any such negotiation. 
What does that say about the strength or otherwise of our “partnership”?  
Perhaps more tellingly, what does it say about the confidence our clubs have in
the ability of the SPFL to negotiate?  The message is clear.  This
could be difficult so let’s not bother trying. It’s too risky!

What of the Task Force?

The Task Force was set up as a sub-committee
of the Board following the afore-mentioned SPFL resolution, to look at whether
a possible restructuring around an expanded top league could avoid relegation.

Over recent weeks, the Task Force has been
working diligently and cooperatively to try to reach agreement on how the other
Divisions might be structured assuming an enlarged top tier. Much has been
said, for example, about the opportunity this might present to remove the
current “play everyone 4 times” problem that drives so many supporters away
from attending games. When we do return to play we will all need our fans more
than ever and this was a genuine opportunity to show that we do listen to them
and we do genuinely want to improve the fan experience, thereby encouraging them
to come back to our stadiums.  The Task Force was also very aware that
SPFL players had voiced their support for reconstruction through a PFA survey,
hoping this could be implemented for the start of next season. This was a real
chance to make a difference for the better, for so many stakeholders. Alas,
another opportunity missed!

While discussions were by no means
concluded, there was a genuine optimism that agreement could be reached. 
This was fed back to the Premiership clubs at yesterday’s meeting.  No
matter what the Task Force was able to agree, however, it was always going to
fail if the Premiership Division would not agree to enlarge the top tier.
 Yesterday, it was made very clear that a number of clubs were not
prepared to do so and nor were they prepared or interested in discussing the
matter further. 

While I have no more wish than the next
person to waste my time, the total disregard for the members of the Board
sub-committee and the efforts they had put in was quite staggering.  I
intimated at the start of the meeting that I had prepared a paper, which I
planned to send to them following the meeting, which outlined my arguments in
writing as to why the Premier Clubs should agree to expand the League. 
They were determined, however, to take “a vote” as they didn’t want this topic
to carry forward to the next meeting.  This is so appallingly
disrespectful to everyone on the Task Force.

In summary:

It goes without saying that all clubs are
absolutely entitled to determine their own position as they see fit, taking
into account the interests of their individual club and what they perceive to
be in the best interests of Scottish Football.  I have no issue
whatsoever, with Clubs taking the stand that they believe is right.

I, too, of course, have the same right of
opinion and I firmly believe the wrong decision has been taken and for many of
the wrong reasons.

There is absolutely no question in my
opinion that self-interest played a part in the discussions yesterday, as did
previous history. The current decision-makers and influencers comprise a mix of
“new faces” and “old faces” in the Premiership meetings.  While this
brings lots of positives, it means there is a wide range of experience and
understanding in terms of the issues, the people and indeed the politics
involved in Scottish Football. We all too often hear people talking about why
things won’t work because “We’ve been here before and agreement is
impossible”.  If we are ever going to make any meaningful changes to
improve Scottish Football, we have to find a way of forgetting what has gone in
the past.  We must also stop hiding behind what the current rules say and
be prepared to take a pragmatic, fleet-of-foot approach to dealing with change.

Fear has also played a part here.  We
are all confronting a huge number of issues and lack of clarity over the
future.  Clubs are worried.  They do not want to do anything that
might in any way impact a major income stream.  The value of the Sky
contract is being held out as being under major threat if any changes to the
league are made.  Personally, I do not accept that this is the huge
problem it is being assumed to be.

The Task Force had discussed solutions that
would have seen no club disproportionately disadvantaged due to the global
pandemic, whilst giving all clubs the best chance of survival and improving
Scottish Football for players and for supporters, at a time when we are going
to need them more than ever. Sadly, any progress made, has now been lost.

I had hoped that we could have agreed a sensible,
pragmatic approach that would have seen a positive outcome for Scottish
Football as a whole. Our objective should have been to stand together to
protect each other.  This would have demonstrated genuine leadership for
the first time in many weeks.  We are long-overdue a demonstration that
those of us in senior positions in Scottish Football are prepared to stand up
and be counted and are prepared to put our heads above the parapet and fight
for what is right. Wouldn’t it be good to have some positive news coming out of
Scottish Football?

Finally, may I take the opportunity to thank you all for your unwavering commitment to the club and for the messages of support since yesterday’s announcement. Please also be reassured that while the Premiership has not yet been called, should it be so, with Hearts expelled as a result, we will be taking further advice on what options are open to us and to other clubs in the same position, to formally challenge this outcome.”