Is The EPL ‘Home Grown’ 25 Squad Rule Even Legal? Protectionism Anyone?
ByMuch has been said about the new 25 man squad rule with all of its veiled attempts at protectionism. Pick any newspaper or read any football blog, and the big story over the last few days has been the squeezing of chuffers at the Premier league table to force a new squad system with the ’home grown’ bias.
So the Premier League chairmen had a gentleman’s agreement and shook hands on it. That’s what they say, but is it even legal?
British Airways executives and Virgin Atlantic bosses famously had dodgy telephone conversations to try and fix ticket prices that begun with ”This conversation didn’t take place….”, and it’s not surprising that they’re in the dock staring down the barrel of a long stretch as a guest of the state.
An extreme example, but a valid one nonetheless illustrating that all the best will of the industry at protectionism, may not be necessarily legal.
Richard Scudamore, the Premier league CEO is quick to point out that the benefit of such a system will help promote youth and increase the chances of ’home grown’ players (whatever that actually means) making it through the ranks. If ever there was a veiled attempt at protectionism…well
There’s a small matter of a European Law though, that prohibits restriction of trade and for all intents and purposes, is open to interpretation. All it takes is for a good lawyer to prove that this rule actually restricts the movement of players in some shape or form within the EU.
It’ll only take one player to get a raw deal when they’re shipped off to another club they don’t want to go to in order to accommodate over 21 year old players.
The truth is that if I tried in my company to implement employment restrictions on the number of men or women, the number of over and under 25s, the number of gay or straight people, the number of disabled people, the number of black or white people, the number of ugly or beautiful people, the number of fat or thin people, or the number of parents and non-parents; I’d actually be in remand waiting for a jail sentence for crimes against employment law.
My sense is that there’s too much money at stake in football for such a rule to go unchecked, and I suppose I have a bigger problem in the overarching message about protectionism that this rule breeds.
I don’t subscribe to the notion that such a policy acts to ’save’ indigenous football as it provides the message that the foreign influence in the EPL thus far has inherently impeded local prospects. I said this as much in our ’How English Is the English Premier League’ series.
Local prospects have a bigger problem than the global nature of the EPL. It’s a much deeper rooted problem that is a nightmare for the English FA to deal with and is the reason why I submitted that England will never win the world cup until the establishment comes out of the stone age and change their paradigm and mindset about the game from top to bottom.
However you look at this though, Arsenal is more equipped than any other EPL club to cope with this protectionism rule. The work that the club has done over the last few years has ensured that we have the best crop of talented and experienced under 21s in the top flight who can readily supplement the 25 man squad.
My sense is that it will only be a matter of time before the ruling is challenged by someone who is pissed off by it, and it won’t just necessarily be a player who’s nose is left out of joint. I wouldn’t put it past a club decimated by injury and having few options to cope turning to the courts for recourse.
Either way, the situation makes the job of hacks that much more difficult. It’s amazing how every year, the silly season starts earlier as the media shit stirring goes into full effect. I have a theory that editors systematically bust the balls of sports writers (well, at least those with balls) to come up with any sensationalist nonsense about player transfers.
I get bemused when I hear the term ’linked to’ as in a player has been linked to Arsenal, or any other club for that matter. Who the hell links these players if it isn’t the same bunch of hacks who sit in Fleet street pubs all day concocting transfer rumours to fill news columns. Their fantasy transfer stories are usually based on video game experiences and have little to no bearing on the reality.
I particularly like the articles published as fact that don’t even have an author’s name and is tagged as ’by Football Correspondent’ or ’by Staff Team’. And they also quote an inside source as the origin of their hackery attempt at a story.
This 25 man ’home grown’ player rule will really rack their brains this time as speculating on transfers won’t be as straight forward as it’s always been. It’ll take a bit more thought and creativity.
I know for sure that in my line of work, if I constantly published the amount of faecal matter that we see in the tabloids promoted as fact, I’d be out of a job every time round. I do wonder whether these guys have a modicum of respectability when they look in the mirror after a day of concocting news they’ve peddled to the world as fact.
What most people don’t realise is that other journalists around the world take these stories as fact and rehash and republish them cementing the rumour and innuendo as credible news.
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Tue 13th September 2011; 19:45, Dortmund
Arsenal goalkeeping solution lie in the PL, heres why
http://bleacherreport.com/articles/384952-arsenal-need-a-keeper-wenger-will-find-one-in-pl?just_published=1
To clarify – the FA are not limiting employees at the clubs – they are merely stating guidliness for a competition. These are 2 seperate things. The clubs are free to enter or withold from the competition at their discresion. In theory they could have 25 player for the EPL, but employee different players for the C Cup, FA Cup, and any euorpean competitions. This rule is already used to the CL, and in varying degree is other countries (spain for example, you cannot register more than 3 no EU players for La Liga, but you can employee as many as you want within you squad).
Legal_boy…thanks for that view.
You suggest that these are only guidelines and that clubs have the option to take it or leave it buy choosing to join the competition or not. My question is, isn’t the whole idea of holding a gun to someone’s head ala the different rules that test the boundaries of employment law an illustration of some form of unfairness?
I know companies every day get away with murder because very few people have the will or the resources to push the law to it’s limits to generate a test case. Who would have thought for example that Boseman would have been successful in removing the shackles that seemed normal to clubs before the ruling that allowed players to shop around in the last year of their contract?
From my understanding of employment law and trade law, this is a classic test case scenario. I think it’s even why the 6+5 rule will never work in practice because some anal lawyer will find an angle to argue a case for their client.
I have to say that I think football should be exempt from employment law. What are these new rules infringing on? Age discrimination? The thing is these guys don’t like it then don’t play football for a living. They are paid vast amounts of money so they should be expected to play within the rules of the game. It should be game rules not bloody employment law.
Sorry but I disagree on these remarks.
That’s not to say I don’t wholly agree with you that this situation will no doubt occur before long. Arsenal as you say are very well equipped to deal with these new rules. Which if you think back and when the original rules of player restriction’s were being conceived it was us that were supposedly going to suffer as we were the big bad foreign buying rule breakers.
Also yeah the sports reports are going to be screwed on this one.
This rule is an attempt by the FA to avoid dealing with the real issue. As mentioned in the article the real problem is the development methods not foreign players.
This is England’s best chance of winning the World Cup since 66. And it’s during the highest level of foreign players in the league and with a foreign coach.
How can a country with a foreign manager pass a law to prohibit the use of foreign players?
What a joke.
ELS…I think the problem for football is that once special dispensation is granted to the game, then it opens the flood gates for every Tom Dick and Harry to argue their case for special dispensation to the hilt.
I even remember a documentary a few years ago about lap dancing clubs in the community and the laws that were being challenged by all parties from residents affected to the lap dancers themselves. Apparently there was (probably still is) a law that the dancers who strip naked must perform with pubic hair because its supposed to shield very bad things from the unsuspecting punters. ‘Elf and safety gone mad if you ask me.
The girls in the documentary were challenging the so called law on the basis that any other person in the country is allowed to go to work with a clean shaven pubic region, and you have to admit that if they had a damn good lawyer, they’d make a fistful of such a case.
I think there’s already a lawyer or agent plotting a payday with this ruling ala the Boseman type of case…don’t put it past them…
You had me in splits with that pubic hair business Darius. Typical governmental idiocy.
Legal, or not, this kind of de facto quotaism is repugnant. You are right, it’ll do nothing to improve the prospects or abilities of local talent. One of the Premiership’s saving graces is that we can watch top talent competing; something borne out by the TV revenues it commands. The locals benefit by being able to hone their craft in competition against the best.
This “law” is intrusive, illogical and vile. I hope it is challenged and consigned to the dustbin before too long.
Haha that’s so crazy it has to be true doesn’t it.
You are sadly probably bang on about some legal types scrutinizing the rules already.
I think this will make me less than popular but I think the new rules will make a more of a level playing field (no pun intended). That in turn will make the premiership more competitive. I think it will be nice to see more emphasis on young players. No to mention we are streets ahead in this department. My only worry will be that the Chelsea’s and Man C’s will start to pay more attention and cash to the targets that are to date our fodder and bread and butter players. If you know what I mean.
Can anybody clarify arsenals youth set up for me. I think I have a decent handle on it, but would love somebody to confirm a few things.
I.e. take Martin Angha our relatively new 16 year old centre back (looks to be awesome) he is currently in the under 16′s team from there am I correct in thinking there is an under 18′s league and then the reserves?
What games do the under 16′s play?
ELS and Saloner.
I kid you not, I wonder sometimes how local authority licencing committee meetings go:
Chairman: Next on the agenda is the Blue Lights Strip club application for an adult entertainment licence.
Case officer: We looked at this application and there’s only 38 complaints from local residents most of them from a moral point of view.
Chairman: Is there a legal case to decline such a licence?
Case officer: Not really, the application is within the law and we can’t legislate for morality.
Chairman: And what about this qualification for health and safety exemptions.
Case officer: Well, this one is carried from the general decency rules that govern employees who work naked.
Chairman: Very well then, before the vote, anyone in the committee with objections about the mandotory use of pubic hair?
LOL! And we pay our council taxes to these guys to sit down and think these laws….
As for the practical application of this new law, I’m more than convinced that Arsenal’s vision over the last few years in the area of youth development will stand them in good stead. Everyone is playing catchup.
Oh Darius don’t get me started on local authorities, I deal with these committee’s regularly and ye gods they are something else.
As you say we are streets ahead on the youth front. I would love somebody to go through Chelsea’s squad and fit them into each of the home grown, over 21 or youth groups. I think they will have to make some serious changes.
I would imagine that the “home grown” element not being restricted to English or Welsh is the supp to the EC. It will be difficult for non EC lads to get the 3 years in before the age of 21.
All I can see it doing is lowering the standards further down the line because it does not address the issue of the lack of exceptional quality English players coming through. There is still no English Clairefontaine or structured local system to stop the “biggest guy is the best” that produces the Shawcross-s of our game. We are also still restricted by the 1 hour rule that prevents us taking youngsters from the traditional hotbeds like the NE.
We are immediately well placed & not restricted but the problems will occur when a player reaches 21, so a decision has to be made sooner than may be sensible, particularly for late developers. Under 23 would have been much more reasonable.
Chelsea’s current squad:
1 Petr Cech
2 Branislav Ivanovic
3 Ashley Cole**
5 Michael Essien
6 Ricardo Carvalho
8 Frank Lampard**
10 Joe Cole**
11 Didier Drogba
12 Mikel
13 Michael Ballack
15 Florent Malouda
17 Jose Bosingwa
18 Yury Zhirkov
19 Paulo Ferreira
20 Deco
21 Salomon Kalou
22 Ross Turnbull**
23 Daniel Sturridge***
24 Nemanja Matic
26 John Terry**
33 Alex
35 Juliano Belletti
39 Nicolas Anelka**
40 Henrique Hilario
41 Sam Hutchinson***
43 Jeffrey Bruma***
44 Gael Kakuta***
45 Fabio Borini***
46 Jacopo Sala***
50 Jan Sebek ***
** English/Welsh academy
*** Under 21
So to buy a foreign player they have to offload. Their home grown element has only the 3rd choice ‘keeper who is not nearing or over 30. They have several under 21s but, as far as I know, only Sturridge has any significant experience in the PL.
I can also see the good but discarded foreign players getting employment further down the PL, the Championship & also Leagues 1 & 2.
That would mean fewer chances for English lads but it may improve the level of those leagues so they produce better players to become attractive again to the top clubs.
Quality not quantity is what we want.
Thanks for that Frank. Seems to me they have a few more slots before hitting the 25 mark however they will have to fill them with homegrown (is that correct or will sturridge and other under 21′s count toward that quota?) as they are a few places short here.
I can’t actually get my head around how it would work out to the moving around of places but take for instance Mikel or Ferreira either could be moved on to make way for homegrown players coming in. It would be known by all astute bosses that chelsea have to get shot of certain players to hit targets, so the price would decline. I don’t think this would mean any such player would end up in lower leagues as whatever is lost in transfer fee usually goes into wages or a signing on fee. I personally feel that it would mean fewer older non homegrown players in the country all together and a lot more youth. If the FA are hoping to aid the England national team with this stunt then I can not see that happening in the slightest. It seems strange that all and sundry say that you can’t win with kids…. blah blah, and now potentially everyone will be investing here to make sure that they have enough depth of squad.
Sorry Flint not Frank. Must of thought I was talking to Frank McClintock there.
ELS, I think that when it comes to other top flight teams having to fill their quota, Arsenal have both an advantage and disadvantage.
Our youngsters are likely to be sought after e.g the likes of Jay Simpson – and we can command a good price for them. However, clubs like Chelsea could easily throw £50 notes to our youngsters and turn their heads. I wouldn’t be surprised if they aim for someone like Gibbs or even Eastmond.
Equally, 2nd tier teams that usually occupy the 6th to 10th spots on the table could do something crazy and bid for Little Jack Willy and you then start wondering whether we’ll become a hunting ground as our youngsters who are home grown have relatively more experience than those in the market.
I didn’t think of that Darius. Our riches in youth can’t all be fit into the squad, they may be good but can we accommodate them all?
Big clubs may try and turn players heads, but I’d still rather be in our position than that of the team without youngsters. If we concentrate on keeping the best then I’m sure we can do it. Whilst we are not spending masses on transfer fee’s, we are now paying the big wage game supposedly. I doubt that all the latest figures are accurate but I do think we are paying more and more yearly.
Retaining players is not all about throwing money at them, obviously it’s a big part. The ones worth keeping are interested in respect, faith and football also. If we don’t have the cash of an oligarch we do have Wenger’s unwavering endless support for his crop of players. This is invaluable, and I say time and time again that this is one of the reasons we can pick youths from under the noses of Man U and Barca. If Eastmond see’s that Clichy goes through a bad patch (as EVERY player does) and still get’s playing time to put his mistakes right, rather than the Harry Cashnap “My Grandmother could have scored that” school of man management, the players will see that this is a great club to ply your trade and pay us back ten fold.
Wenger leads by example regarding contracts and respect for his club and players.
ELS, Arsenal’s payroll has increased steadily over the last few years and is just above £100m. It may sound a hefty amount by itself, but in Arsenal’s case, it is quite affordable as it’s less than 50% of the payroll to revenue ratio. Compare that to Chelsea where the same ratio is north of 80% and you get the bigger picture.
The extreme is Hull City whose payroll is circa £40m and they generate a revenue of just under £50m. That is financial suicide.
Arsenal’s advantage in retaining the players will be the upbringing that the club promotes from the time the academy takes the players on at age 10 or 11. It’s a cultural intangible benefit that is rarely mentioned but loyalty for the ones who are supported and nurtured is a more likely result than in the case of other academies.
I have no doubt that some clubs will throw their money at our youngsters, but I also hav no doubt that they will seriously have to test our resolve for us to let go of the best.