Wings Over Scotland

From the Scottish Football Association rules on Club Licensing (specifically  Part 3, Section 03 – The Club as Licence Applicant and the UEFA Licence). Emphasis ours.

"3.1.1 The Licence Applicant may only be a football club, that is the legal entity fully responsible for the football team participating in national and international competitions and which is the legal entity member of the Scottish Football Association (Full or Associate Member). The licence applicant is responsible for the fulfillment of the club licensing criteria. This membership must have been in place at the start of the licence season for a minimum period of three consecutive years.

[…]

3.3.1 UEFA Licence Awards for Scottish Premier League Clubs (SPL)
A Licence cannot be transferred from one legal entity to another."

NB: "UEFA Licence" does not denote a licence to compete in UEFA competitions, which are governed by an entirely different set of criteria. As the SFA website explains:

"National Club Licensing applies to Scottish FA member clubs and UEFA Club Licensing applies to Scottish Premier League clubs."

In other words, to play in the SPL you must have a UEFA Club Licence, regardless of whether you actually compete in UEFA competitions or not. (SFL clubs, who in normal circumstances wouldn't be expected to qualify for European tournaments, are dealt with separately via an "extraordinary procedure" in the event that they do.)

So, should Rangers FC be subject to liquidation and then reborn as a "newco", the new company would NOT be eligible for the licence required to play in the SPL, for at least three years. Furthermore, it is plainly and explicitly forbidden under SFA rules for such a licence to be transferred from one legal entity (Rangers FC) to another (New Rangers FC 2012). Well, that's that all sorted out, then. As you were.

…

[Edited for clarity and latest versions of documentation, 13-4-2012]

[EDIT 17-4-2012: We rang the SFA yesterday, and they confirmed our interpretation of the rules above. Half an hour later they rang us back, sounding very nervous, and changed their line, stating that the UEFA Club Licence DID only apply to UEFA competitions, and only a National Club Licence was required to play in the SPL. Later that evening it was revealed that the Association is considering disbanding the SPL and SFL entirely and replacing them with a new National Football League. The SFA did not comment on the possible position of a newco Rangers in such a league.]

The world of Scottish soccer is in a ferment this week, and we use the word "soccer" quite deliberately. The two-part compound word "football" sticks in our throat, because the Scottish game has plenty of the first part but absolutely none of the second.

The reason for the sudden outbreak of sound and fury, which will ultimately signify nothing, is the revelation by the SPL of what the blogosphere is already calling the "Cheat's Charter". In itself it's actually a fairly innocuous document, and indeed could be portrayed as a crackdown. It proposes a raft of new penalties for teams going into administration or liquidation, with sanctions both on and off the field – a 75% reduction in monies paid by the League to the offending team for three years, and a 10-point deduction for two additional years following administration.

Since none of these punishments are currently part of SPL rules, one could not entirely unreasonably depict the changes (should they be agreed by the clubs in the meeting at the end of April) as a tightening-up of procedures. But equally rationally, the supporters of 11 out of the 12 SPL clubs are seeing them as something else entirely. Because what the proposed new rules do is explicitly lay down the route to a possibility which until now was only implicit – the return of a post-liquidation Rangers Football Club directly into the top flight of the Scottish game.

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We were going to write about something else today, but we have a touch of the flu and we're not quite up to a hefty post. As we bravely ploughed through some research, though, we stumbled across another example of something we've noted before on this blog – Labour's curious (some might say outright untruthful) habit of presenting the SNP's position on things as the precise opposite of what they actually are. The latest accidental misunderstanding came from Johann Lamont's speech to the Scottish Labour conference last month. Here's what Johann claims the SNP say:

"The SNP want to sell a skewed vision of where Scotland is at. They want you to believe that Scotland is somehow oppressed."

Here, on the other hand, is what the SNP actually say, from two months earlier:

"Scotland is not oppressed and we have no need to be liberated."

How odd. In the interests of fair and honest political discourse, should we all perhaps club together and offer to buy the leader of Scotland's opposition some new batteries? We'll throw in 50p to get things started. Pledge the amount of your support in the comments below and let's see if we can make the world a better place.

RUNNING TOTAL: £0.50

Last week saw another deployment of Labour's secret weapon in the fight against the SNP and their dastardly independence plans. The device is a WMD (Weapon of MisDirection) which the party has unleashed several times. But the weapon has a persistent teething problem – it has a tendency to come straight back and hit the user in the rear when they least expect it, while rarely managing even a glancing blow off the intended target. (Which in this case is of course the SNP.)

We've seen the patented Attack Boomerang in action on many occasions (the most recent being the bizarrely ill-judged attack on the SNP's referendum consultation which rebounded particularly badly on the party's "deputy" Scottish leader Anas Sarwar, and forced even the BBC to reluctantly acknowledge Labour's embarrassment), but one of the strangest was Labour's bitter criticism of the SNP over the fact that it had persuaded Amazon, the internet retailing giant, to recently open a large centre in the Dunfermline area and provide thousands of new jobs.

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*Wings over Scotland is very pleased to be able to bring its readers another terrific guest post from Andrew Page of A Scottish Liberal. We spoil you, really we do.

This past Friday, the 6th of April, saw the anniversary of one of the most significant events in Scottish history – the signing of the Declaration of Arbroath.

It was a truly inspirational and courageous statement on many levels, and it is unsurprising that almost eight hundred years later it continues to have an impact on our understanding of nationhood and Scottish identity. That it was an expression of Scottish nationalism cannot be doubted: indeed, it is one of the most articulate, eloquent and heartfelt expressions of Scottish nationhood ever written.

But it is so much more than that, and at its heart was more than mere nationalistic aspiration, but a passionate cry for freedom and liberty. It was also, at its most basic level, a challenge to religious authority centuries ahead of its time in addition to arguably being a stimulus for far-reaching changes in European constitutional thinking.

In appealing to the Pope the signatories to the declaration make clear their commitment not merely to Scotland’s independence but also to its nationhood. In a curiously selective recollection of Scottish history, they point to how the Scots “came, twelve hundred years after the people of Israel crossed the Red Sea, to their home in the west where they still live today”, thereafter “[holding] it free of all bondage ever since” while “in their kingdom there have reigned one hundred and thirteen kings of their own royal stock, the line unbroken [by] a single foreigner.”

While these “facts” are more the product of cultural sensitivities rather than historical understanding, there can be no escaping the sense of belonging to a proud nation – one of “freedom and peace” in which “our people harbour no malice or treachery and [are] unused to wars or invasions.” A fine vision, indeed.

In some respects, it is easy to detect a more than faint romanticism in these claims as is generally true with most nationalist thinking. Perhaps, while many today identify Scotland in terms of Celtic mysticism, the tartan and bagpipes culture of the White Heather Club, haggis and shortbread tin landscapes the signatories of the Arbroath declaration were equally in love with an artificial view of Scotland, based itself on false assumptions about the nation’s history, its potential and its individual nature.

Such assumptions perhaps contain a grain of truth, but are in fact quite dangerous and are themselves usually based on modern hostility to Scottish nationalism. Certainly, the myth of ethnic origin apparently expressed within the Declaration can be easily debunked, but it’s also clear that Scottish nationhood was not defined by such fiction. The explanation of Scotland’s establishment was designed to persuade the Pope of their cause rather than an exercise in writing accurate history.

What is immediately obvious is that the nature of nationhood itself, as expressed in the Declaration of Arbroath, is far different from that often associated with the romanticised view of Scotland that appeals far more to foreign visitors than it rings true to most contemporary Scots. At the root of the nationalists’ cause in 1320 were core values, not determined by lines on maps or even historic achievements but a right to self-determination, for recognition, for an end to oppression and the subservient status apropos England. Put in modern terms, it was a desire on the part of Scots to take control of their own political destiny.

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I've been watching the Labour Party's slow self-destruction for some years now with a mixture of regret and relief. Regret in what has become of a once great party, and relief that the Frankenstein’s monster it became may be slayed. This article will be rather critical of Labour, indeed it is more of a lament about Lamont and her ilk, but it is deserved. How did the party get to a point where its leadership has become so dysfunctional that they've turned former voters – myself included – away in droves?

I'm one of the lucky ones. As a supporter of independence I can envisage a future where the parties of old are reborn from the flames of destruction like a phoenix, without any Westminster baggage dragging them down. But that future is post-independence and until then the final death throes of the corruption eating away at the party are a danger to its prosperous future in an independent Scotland.

It is for this reason that I have been looking at most probably the greatest example of dysfunctional leadership in modern history, but one in which the participants learned and adapted to prosper later, a trick Labour could do with learning.

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Pretty much every newspaper and media source ran with a particular statistic as their headline from the published conclusions of the UK government's consultation on the independence referendum. More or less everywhere led with the 75% of respondents who wanted a single Yes/No question, which is mildly curious because it's not really news – the stated preference of every party and MSP in the Scottish Parliament, and the Scottish Government itself, is already for a single question.

The Secretary of State for Scotland loudly proclaimed that the consultation had therefore delivered a mandate to get on with the referendum on the UK government's terms, meaning a single question as quickly as possible and no votes for 16/17-year-olds. But the respondents to the consultation actually presented a much more significant demand: a similarly large majority of them – 72% – expressed the view that what they really wanted the UK government to do was butt the hell out altogether and give the Scottish Government the power to get on with it.

For some reason, Moore and the Scottish media weren't so keen to draw attention to that particular finding. But it would appear to mean that the electorate overwhelmingly want the Scottish Parliament – the only body which has an actual democratic mandate to hold a referendum on independence at all – to handle the entire matter without interference from Moore and his coalition colleagues.

We look forward, therefore, to the Scottish Secretary and his chums – having made their point and stated their views – keeping their noses out from now on, waiting for the Scottish Government to conclude its own (far more popular) consultation, and make its own decisions about the number and wording of the questions, the timing of the vote and the extent of the franchise. As democrats, we're sure they'll happily comply with the wishes of the people.

We invite the de facto leader of Scottish Labour to sue us if the title of this article is libellous. But the facts seem to us to be clear and incontrovertible. On BBC1’s weekend political programme Sunday Politics Scotland on the 1st of April 2012, Anas Sarwar was interviewed by Isabel Fraser, along with the SNP’s Stewart Hosie.

Below is a transcript of part of the discussion, on the subject of Labour’s allegations that the Scottish Government’s consultation on the independence referendum was “designed for abuse”. It begins 43m 36s into the show, just after Fraser has suggested to Sarwar that the consultation process is in fact, as stated by Hosie, identical to those previously conducted by Labour.

SARWAR: It isn’t the same as previous processes, because you don’t even have to submit an email address or any form of identity to put in an anonymous response, and you can put in multiple anonymous responses… on the second point that Stewart raised around the Labour Party’s own website, you have to put in an email address and a name to be able to respond, so it’s not an anonymous response that you could put in from our own site.

FRASER: But you could put in multiple responses from that address.

SARWAR: No, you have to put in your own name and an email address, which, which you can’t use multiple…

FRASER: So you’re monitoring it, and you will ensure that?

SARWAR: Absolutely, there’s no multiple responses, they can see exactly who has put in a response with their name and also their email address.

Sarwar then repeats the allegation that the process was“not only open to abuse, it’s designed for abuse” by the SNP. Fraser puts it to Hosie that that’s a very significant accusation and asks him if he accepts the charge.

HOSIE: What’s more disturbing is Anas Sarwar there saying that the responses through the Labour Party website are being monitored. That clearly is very worrying indeed, if the Labour Party are able to monitor responses through their website to a public consultation. That’s extremely concerning indeed that you said that.

SARWAR: That’s not what I said, Stewart. What I said was –

HOSIE: You said they were being monitored.

SARWAR: – there are individual, individual email addresses and names –

HOSIE: You said they were being monitored.

SARWAR: – individual email addresses and names that would go in from our responses. The point I’m making, and this is clear – I am making that accusation that the SNP are looking like they’re trying to rig this referendum.

(We’ll ignore the cowardly weasel-worded smear “I am making the accusation that the SNP are looking like they’re trying to rig this referendum” for now.)

We’ll be clear: Sarwar’s statements in the transcript above are lies. That’s not a matter of our interpretation or opinion, but empirical fact. You do NOT “have to put in your own name” on Labour’s form. Wings Over Scotland has already proved this by submitting a consultation response through the form using Anas Sarwar’s name, along with the email address “anas.sarwar@scottishlabour.org.uk”. We are not Anas Sarwar.

Sarwar’s repeated claim that “no multiple responses” are possible through the form is also a lie – there are no discernible safeguards against either fake names or multiple responses on the site, as we also verified by successfully submitting further multiple entries through the same form, including this one in which we used the name “anonymous” and the email address “anonymous@anonymous.com”.

Sarwar’s position on whether Labour are monitoring the responses in order to potentially catch these abuses is doubly untruthful. When Fraser asks him “So you’re monitoring [the responses via the form]?”, he answers “Absolutely” (although our experiments suggest this is not the case), yet mere seconds later when Hosie expresses concern about this admission, he replies “That’s not what I said”, even though it was, as an indisputable matter of record, precisely what he said.

The Scottish media, it probably goes without saying, has not challenged Sarwar on these easily-demonstrable lies. As Sarwar was nominated by Scottish Labour to be its spokesman for the issue on Sunday Politics Scotland, we believe it’s reasonable to assume, furthermore, that his responses were not made out of simple ignorance.

Should Mr Sarwar contact us to explain that in fact it was the case that he simply had no idea what he was talking about, we will gladly withdraw our allegations and issue an apology to that effect. But in the absence of any such statement, the evidence makes it impossible for us to reach any other conclusion than that he deliberately and knowingly lied to Isabel Fraser, Stewart Hosie and the Scottish people.

We do not believe such a person is fit for office in one of the nation’s biggest political parties, or indeed to be a Member of Parliament. We think most people would agree, and we call on Anas Sarwar to resign both positions immediately.

The agenda behind the Unionist parties and media's concerted smear campaign against the Scottish Government's independence-referendum consultation has become a little clearer today, with the publication of the full data regarding the UK Government's own survey on the subject. Which, purely for the purposes of local colour, we'll passingly note was impartially called "The Referendum on Separation for Scotland" and opens with the following words:

"We believe passionately in the United Kingdom and recognise the benefits it has brought to all of its citizens. For over 300 years the United Kingdom has brought people together in the most successful multi-national state the world has ever known. We want to keep the United Kingdom together."

(The Scottish Government consultation, in contrast, begins with the somewhat less partisan line "The people who live in Scotland are the best people to make decisions about Scotland’s future.")

Conducted by a committee on which no SNP representatives serve, the UK consultation attracted a dismal response by comparison. The Holyrood version, which is still ongoing, had as of Monday this week atttracted 11,986 contributions from members of the public so far. The Westminster report drew a pitiful 2,857 by comparison, but the picture is in fact even bleaker than that.

Of that 2,857 a staggering 1500 responses (or 53%) are believed to have come directly from the Scottish Labour website. Of those, almost half – 740 – used the exact pre-scripted wording written by Labour. (These numbers do not appear in the consultation document, but the latter was freely admitted by the Secretary of State for Scotland to several news sources this morning.)

Under the rules demanded by Labour this week for the Scottish Government's consultation, 739 of those submissions would have to be disqualified on the grounds of duplication, reducing the total number of valid responses to 2,118.

A further 101 respondents were anonymous, and another 118 were duplicate responses which didn't come from the Labour website. Removing those leaves the UK Government's consultation on the independence referendum based on just 1,899 responses from members of the public (that's one for every 34,229 people in the UK).

But perhaps more pertinent than this abysmal level of public confidence in the UK Government's consultation compared to the Scottish Government's one is the staggering degree to which Labour, rather than the general public, swamped the process in submissions. Of those 1,899 eligible responses, it would appear that 761 – or a tiny fraction under 40% – came directly from the Scottish Labour website.

So over half of all submissions, 40% of valid submissions, and an astonishing 25% of the entire consultation response made up of ineligible duplicate spam entries, came from Labour itself. Yet a compliant media has collaborated all week in creating a media portrayal of SNP "abuse" of the Scottish Government's consultation, based around just 3.5% of anonymous responses (contributions whose actual preferences, it should be noted, were not recorded, and which therefore may well in fact have been partly or even entirely from pro-Union supporters rather than nationalists).

We've said it before and we'll say it again – it's not paranoia if there really is a conspiracy against you. We doubt the electorate is all that concerned with the entire point-scoring business, but we're confident that those who are will have no difficulty in seeing the reality of what's been going on.

We’ve referenced “The Big Lie” before on Wings Over Scotland. As that link explains, it’s a propaganda technique invented by Adolf Hitler in order to convince people of particularly enormous untruths. It’s one often employed by the Unionist parties, especially Labour – to name but one example, their persistent labelling of the SNP as “Tartan Tories”, despite the independently-assessed facts that the SNP are considerably to the left of Labour on the political spectrum, and that on an equally impartial policy-convergence test it’s Labour who are by far the closest of all Scotland’s parties to the Conservatives in terms of ideology.

But while in the internet age the Big Lie is harder to get away with, recently Labour and its ever-compliant friends in the Scottish media have begun to utilise a subtle twist on the method – the Big Lie Made Up Of Many Small Lies. This new variant can be seen most clearly in this weekend’s co-ordinated, manufactured outbreak of outrage about the Scottish Government’s consultation on the independence referendum.

Scotland On Sunday went with the story first, in an embarrassingly transparent and incoherent piece from Tom Peterkin, and the Scotsman clearly thought the “scandal” good enough to also lead with it on today’s front page, under the gibberish headline “Nationalists anonymous spark new referendum dispute“.

(Is “Nationalists Anonymous” some sort of support group for Labour, Lib Dem and Tory members who back independence? If so, their name is a proper noun and really ought to have both of its words capitalised.)

The Herald also runs a front-page lead on the same topic, entitled “Salmond accused of rigging poll feedback“, and it was the main item on The Sunday Politics Scotland, with Scottish Labour’s de facto leader Anas Sarwar given lots of airtime to attack the SNP’s increasingly effective Stewart Hosie on the allegations (who comported himself extremely well, and is fast becoming one of the party’s most reliable assets).

But the reason the Big Lie Made Up Of Many Small Lies is an effective technique is that it makes it considerably harder for the victim of the lie(s) to refute it/them, simply because it’s hard to know where to start. To illustrate the point, let’s see if we can break down this particular Big Lie (“The SNP are rigging the consultation!”) into just some of its component parts.

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The Tories blow £110,000 on tea and biscuits in a single department in three months:

Meanwhile, in Edinburgh, Alex Salmond pays for two cups of tea and two Caramel Wafers out of his own pocket and makes £1m profit in a single afternoon:

Is it any wonder the canny Scottish people would rather have the clever First Minister running their country than the hapless Tories?

So another 24 hours go by, and still absolutely nobody in the Scottish media thinks it at all newsworthy that the country's main opposition party has a deliberate policy of refusing to support ANY Parliamentary motion put forward by the SNP, regardless of its merits. We wish we were more surprised.

Scotland Tonight, which at least engages with its viewers on Twitter, claimed its reporting team were "not excited" by the astonishing revelation, openly and publicly made by a Labour MP, that Scotland's second-biggest political party was more interested in party advantage than the interests of the people. Newsnight Scotland and Reporting Scotland both ignored the story, as did all of the nation's newspapers.

The Herald and Scotsman did both run tiny pieces on the less-interesting prelude that brought the news to light (Labour's ham-fisted refusal to vote against George Osborne's 50p tax cut for the rich), but neither could find even half a sentence in passing to mention the much more significant discovery of the Bain Principle.

The other story covered by Wings over Scotland yesterday DID manage to secure a lot more media attention, though. Following on from the Telegraph and Caledonian Mercury, both Scottish broadsheets were able to find large amounts of space to repeat the powderpuff story about Alex Salmond offering a couple of long-standing SNP members a cup of tea and a biscuit in Bute House.

The Herald put it on the front page – in a piece so poorly researched and edited that it managed to knock £30m off the value of the Weirs' Euromillions jackpot (repeatedly giving the amount as £131m rather than the actual £161m) – and presented the story as dramatically as possible, giving plenty of space to Labour's Paul Martin to make lurid accusations which the paper depicted neutrally (Martin merely "said" things) while it portrayed the SNP spokesman's response as angry and defensive, using phrases like "The First Minister's most senior aide stormed…" and "reacted with fury" .

The Scotsman, meanwhile, outdid its rival with TWO separate stories, featuring on the front page of the website and as the lead item in each of the "Scotland", "UK" and "Politics" sections. And this, remarkably, happened despite the paper also running a leader column which explicitly noted that the Weirs' donation did NOT belong in the same category as those that have been solicited and/or covered up by Labour, the Tories and the Lib Dems:

"At the heart of this affair there is a serious problem for political parties. They need money to run expensive campaigns. People who give large sums of money tend to be those who do not hand over cash without expecting something in return. There are people who simply believe in the party cause – the lottery winners who have given £1m to the SNP, for example – but they are few and far between."

It probably goes without saying that the Daily Record also managed to cover the Weirs' so-called "tea party", and it also ran it twice – though it should be noted that both pieces were handled rather more soberly and even-handedly than either of its two supposedly more grown-up counterparts – but didn't consider either Willie Bain's admission or Labour's tax-rate abstention to be worthy of even a few lines.

Supporters of independence are often accused of paranoia by the Scottish media, but no belief is paranoid if it's true. The embarrassingly transparent attempt by the press to bury the story of the Bain Principle, while devoting page after page after page to repeatedly casting aspersions on an entirely legitimate, open and above-board donation which the SNP conspicuously announced the moment it happened and which absolutely everyone accepts was not made with any ulterior motive or seeking any benefit, will do nothing but fuel the nationalists' fire.