By

Grant Jarvie and Paul Widdop

What does Brexit mean for Scottish sport?

The landscape of Scottish sport will be changed as result of the Brexit decision to leave Europe.

As at June 2016 

• Approximately 50 players from the EU  will start next seasons Scottish Premier ship.
• At least 15 different EU nationalities likely to be represented in the Scottish Premiership.
• If you play for one of the top 50 countries in the world and have played 75% of your countries competitive games your chances of getting an SFA work permit are higher.
• From, Bosman, to Webster, to fair pay EU law has protected players rights, pay and mobility.
• Athletes have already asked if the 2016 Olympics in Rio De Janeiro will be the last UK team at the Olympics.12 Scottish athletes have qualified for the 2016 Olympics.
• Funding for the National sports agency is primarily government funding.

When the Sport for All charter was adopted back in 1975, the Council of Europe made a clear statement that it would focus on participation and the fundamental right of all people to participate. By 2007 sport had been  recognized as a key European competency within the Lisbon Treaty.

In June 2016, the same month as the UK voted to leave Europe, The Council of Europe recommended that EU member states should focus the priorities of their sports policies on sport participation, collaboration between public institutions and the development of grassroots sport.

The resolution adopted by the European Assembly in June started by noting that sport is one of the most popular activities in European societies and that it had a continuing role to play not just in developing health but social cohesion, education, youth, non-discrimination, and the reception and integration of migrants.

 In doing so The European Assembly was asking equality bodies and national human rights institutions to co-operate in combating discrimination in sport, promote co-operation in running awareness-raising activities, as well as authorizing these bodies to participate in legal actions brought against perpetrators of discrimination.

It was also asking that sports wealth be redistributed in a much more just and equitable way. That rich sports associations initiate deliberations together with grassroots sports organisations on a better way to redistribute the revenues generated by top-level professional sport – especially by the major sports events that attract large television audiences – in order to allocate a greater percentage of those revenues to projects aimed at improving access to sport for all.

There is a correlation between a nation’s wealth and the number of infrastructure facilities that enable people to engage in leisure or competition sports (gymnasiums, playing-fields, swimming-pools, skate parks, fitness studios, facilities for outdoor sports, etc.) Scotland has invested heavily in sports facilities but the landscape of Scottish sport will be changed as result of the decision to leave Europe.

Free Movement and Risk 

If the negotiations protect the free movement of athletes, golfers, footballers, rugby players and specialist sports personnel within the sports industry then Scotland will continue to benefit from access to European professional sport markets and expertise.

But if the negotiations between the UK and Europe, Scotland and Europe and/ or Scotland and the UK do not protect the current free movement of sports personnel and expertise then the landscape of Scottish sport is about to change.

Work Permits

Some 400 football players are working in the top two divisions in England and Scotland. Hearts and Inverness are but two of many Scottish Premier League teams that have significantly benefitted from work permits being issued to players from other European Union (EU) countries.

Player Transfers and Worker Rights

Former Hearts and Scotland defender Andy Webster gave the name to the Webster ruling on the status and transfer of players established under article 17 of FIFA’S regulations.

Article 17 was created by FIFA and the European Union to give professional players the same rights as other EU workers.

Webster became the first footballer to invoke article 17 and released himself from his contract with Hearts in 2006.

Will such rights for sports workers be protected in the negotiations involving the Scottish Government?

Youth 

FIFA regulations allow EU clubs to sign 16 and 17 year olds. Countries outside of the EU are only allowed to sign players over 18.

Brexit could mean the end of any influx of teenage players from the European Union who would be deemed to be homegrown players, developed in Scotland, with the clubs benefitting financially and culturally from having such players in their ranks.

Scottish players may of course get more opportunities but Scottish football although it has many aspirations is not yet as marketable and as financially strong as the top five European football leagues.

The top European clubs are not generally made up totally of home-grown players and it requires considerable financial strength to purchase such players.

Rugby

In rugby the foreign player rule does not currently apply to players from EU countries that have an association agreement. Brexit will impact upon Scottish rugby players wanting to join clubs in Europe.

Several members of the Scottish rugby team currently on tour in Japan play in other European countries.

More Expensive Players

Economic instability, slow economic growth and the value of sterling would Scottish economy that would make it more expensive for Scottish Clubs to sign European players.

Scottish players could become less appealing to European teams because they would impact upon three non-EU rule where European football clubs are only allowed to sign three non EU players.

Funding for Scottish Sport

And what if the Brexit result leads to an independent Scotland? The arguments about Scottish sport aired during the Scottish referendum could come back into play.

The degree of UK sport funding allocated to Scotland through the Barnett formula or UK Lottery funding would come under increased scrutiny. The Welsh First Minister has already called for a more equitable agreement.

The likelihood being that less money could be made available to Scotland because unlike with the Smith Agreement which came into play following on from the 2014 Scottish Referendum it is unclear if Scottish sport and other areas of public life would be protected by no detriment clauses that protected Scotland within The Smith Agreement.

A distinct worry would be the potential of less funding being made available to sport and physical activity, for example, through the allocation of funding to sportscotland or grassroots sports.

The Olympics

A further Brexit impact triggered by an independence referendum would be the make up of future Great Britain Olympic teams. 12 Scottish athletes have qualified for the 2016 Olympics.

According to one report many athletes seemed to have voted to remain with some expressing fear that Brexit could spell the end of Team GB.

The free movement of students established under European social mobility schemes such as Erasmus could end for British students going to Europe and European students entering Scottish Universities.

Student Sport and Knowledge Exchange

The funding of European research projects which have promoted scientific and technological advance, collaboration and knowledge exchange between member states could exclude Scottish Universities. Few dedicated sports research streams of funding are open to Universities.

The British Council Erasmus Plus funding for sports collaboration and exchange is one such income stream that would be threatened.

Conclusion

There is no aspect of public life that will be untouched by a Brexit vote that has already triggered a multitude of different avenues of negotiation at a time when stability and economic growth are the much needed order of the day.

Sport in Scotland is not immune from Brexit consequentials and the material and cultural vitality of Scottish sport is threatened by the decision to leave the European Union.