APPENDIX 14
Memorandum from Ambition Management Limited
(WP23)
EXECUTIVE SUMMARY
Background
1. I am a licensed
FIFA players' agent. My work principally covers football and cricket
and I have some knowledge of ice hockey and professional basketball
in England. As a result of this work I see the issues arising
from the granting of work permits at first hand. A summary of
my experience is included as Annex 1.
Objectives
2. Arrangements for
the granting of work permits should have a clear measurable objective.
The present objective(s) is not set out but is generally understood
to be the protection of the home game. The belief that restrictions
on non-EEA players will allow domestic talent to flourish is fundamentally
flawed. In my opinion the effect of the current arrangements reduces
the standard of the home game. (Paragraphs 11-15 below.)
Problems with the present system
3. The system for
granting work permits to overseas footballers is confusing, inconsistent
and lacks transparency. This results in a significant number of
appeals and irrespective of the true position, encourages the
perception that the system is open to manipulation. This adversely
affects the administration of professional football, as clubs
are unable to anticipate the outcome of an application. (Paragraphs
16-21 below.)
4. The system applied to professional football
is inconsistent with other sports. (Paragraphs 22-24 below).
5. Criteria adopted within the EU regarding
overseas players is inconsistent with the UK leading to further
anomalies. (Paragraphs 25-27 below).
Conclusions
6. Professional football
is an international game, which would benefit from unrestricted
access to overseas players. Consequently the present rules should
be abolished. Work permits should be granted to overseas players
who are able to secure a contract of employment with a league
club.
7. Although the effect of a possible depression
on salary levels is not in my opinion an issue it could be addressed
without affecting free access of players. This could for example,
be achieved by requiring the terms of employment of overseas players
to be no worse than those offered to EEA nationals playing in
the same team.
8. This could be linked to a minimum requirement
to field players eligible for the national side. This system is
adopted in France where they have introduced a measure of positive
discrimination in favour of players with domestic nationality.
The French rules require clubs to have three out of five players
on the substitutes bench to be under 21 years of age and be eligible
to play for France.
9. The standard of the home game should be improved
by more effective methods than the imposition/or amendment of
negative rules with regard to overseas players. The problems facing
British professional football cannot be overcome without radical
action on a wide range of issues. The scope of such action should,
for example, require minimum solvency requirements for clubs and
also a radical review of training methods. I accept that these
issues are not within the scope of the committee's current review
but are included to illustrate that the immigration rules are
one small part of a much larger issue.
10. In the event that restrictions are considered
to be necessary, the full cost of international transfers should
be borne by the game and not the taxpayer. To facilitate this
objective the approval of permits should be delegated by the Home
Office to the FA or other non-government agency. The authorised
licensing body should then approve work permits on the basis of
published unambiguous rules with no judgmental override.
OBJECTIVE
11. The objective(s) of the current system is
unclear. It is, however, often said that the policy is to protect
the home game and allow domestic talent to flourish. It is also
argued that the restriction of overseas footballers to those who
are regular internationals prevents an influx of players who would
be prepared to play for low wages thereby enabling clubs to depress
salary levels.
12. The argument that the protectionist policy
allows domestic talent to flourish is fundamentally flawed.
13. Membership of the EU has already widened
the talent available to clubs so that some clubs, for example
Chelsea FC, regularly field a side with only one or two players
eligible to play for England. A continued expansion of the European
community is likely to see the recruitment of further players
who are not eligible to play for one of the domestic national
teams.
14. A review of the state of English cricket
also demonstrates that protectionism does not improve standards.
Protectionism is applied to this sport in that The First Class
Counties are unable to field only one overseas player.
15. The objective with regard to salary levels,
if this is an objective, should also be disregarded. This only
serves to support expensive mediocrity as competition is artificially
reduced. All businesses are now subject to global influences.
Professional football should be no exception particularly as many
clubs face an uncertain financial future.
PROBLEMS WITH
THE PRESENT
SYSTEM
16. The present criteria is that:
"sports people applying for work permits
should be people who are internationally established at the highest
level within their sport and whose employment will make a significant
contribution to the development of that sport at the highest level".
17. The above test is interpreted to exclude
applicants from countries with low world rankings. Recent applications
for work permits show that Blackpool failed in their attempt to
obtain a work permit for Indrek Zelinski, an International for
Estonia, a country which is placed 86th in FIFA world rankings;
Baichung Bhutia transferred from East Bengal to Bury (a club in
Division 2 of the Nationwide League) despite India's FIFA world
ranking of joint 113th. (Source of world rankings: FIFA World
Rankings July/August 1999.)
18. The criteria set out in paragraph 15 is
amplified by rules regarding selection for national sides. On
a strict application of these rules the Brazilian star Juninho
recently failed to obtain a work permit to play for Middlesbrough
FC. Juninho was however, granted an application on appeal. Although
Juninho has undoubted ability it is not clear why his application
was overturned on appeal.
19. Although the responsible authority for these
decisions will have had their reasons (and individual cases will
be subject to factors not in the public domain) it is clear from
the above that clubs are unable to anticipate whether an application
is likely to be successful.
20. It is also clear that a significant contribution
can be made by players who are not regularly selected for a high
world ranked national side. Bhutia as the first Asian professional
footballer is a case in point. In my opinion, the award of his
work permit, although well deserved, should not have been left
to subjective override. Nor should other players have to overcome
significant hurdles because they happen to be a national in a
country which either has little tradition of football or has a
low world ranking.
21. The anomalies also apply to exceptionally
gifted youth players who cannot obtain a work permit unless they
are selected on a regular basis for their national side.
COMPARISONS WITH
OTHER SPORTS
22. My experience indicates that work permits
are not granted uniformly across sports.
23. Many overseas professional cricketers have,
in comparison to the standard applied to professional football,
limited international experience. Some examples are included as
Annex 2.
24. The inconsistencies become even more marked
in the consideration of minority sports. Players coming to the
UK to play basketball and ice hockey include a number who have
been unsuccessful in obtaining contracts in the North American
leagues and have little, if any, international experience at "the
highest level".
EU INCONSISTENCIES
25. There is inconsistency between EU Countries
with regard to eligibility of work permits.
26. For example, a member of the Polish national
team, not eligible to play in England, decided to pursue a career
in France where he was able to obtain a work permit. As a result
of his French residence he has now qualified for dual Polish/French
nationality. As a consequence this player does not need a work
permit to play in Britain unlike his international teammates.
27. Similarly many South American players are
able, as a result of their lineage (for example a grandfather
in Italy) to obtain passports from other EU counties, thus enabling
them to play in Britain. I have no objection to the eligibility
of these players. It does, however, mean that it is a lottery
for individual players.
Ambition Management Limited
October 1999
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