Andy Burnham has Premier League demand after "abuse of process" in Everton case
Former Government Minister Andy Burnham has branded the Premier League’s decision to deduct 10 points from Everton as “an abuse of process” and “regulatory malpractice" and has demanded it be declared null and void.
Speaking as huge protests took place before at Goodison Park before and during the game against Manchester United, the current Mayor of Manchester insisted that the commission which ruled against the Merseyside club, changed the process in the middle of the hearing. And in a letter to Premier League chair Alison Brittain, he argued that makes any appeal process “demonstrably unfair”, with the former Lancashire MP suggesting the only option is to scrap the punishment, and start the process again.
“I am not saying Everton Football Club does not have a case to answer, clearly it does have a case to answer. But that is not the question,” he said at Goodison Park on Sunday.
“The question in this situation is, has there been a fair process? After studying the case, I have concluded that there has not been a fair process, there has been a highly flawed process. I would go as far to say there has been an ABUSE of process.
"And that abuse of process concerns the guideline and framework that was put together in August and submitted to the independent commission. I have been a government minister and been very familiar with the world of regulations and regulatory practice.
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“You cannot in an ongoing case create new policy in the middle of (it) and then introduce it towards the end of it. It is what people would call regulatory malpractice - it is simply not possible to do that. But that is what happened in this situation.”
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There were protests from Everton fans at Goodison Park on Sunday (PA)Burnham has evidence that no Premier League club was even aware of the ‘new’ policy, and only learnt of it when the commission which found against Everton released their findings. And he argued strongly that because of that, there can not be a fair appeal - meaning the process must be restarted under a clear and agreed policy for all member clubs.
“As I understand it, the sanctions regime that has been developed has not been seen by any of the Premier League clubs. I understand that many of them only found out about it when they read the findings from the independent commission. How on earth can that be fair?
“The commission rejected them and said we cannot take this because we have been set up on a different basis but the worrying thing is the commission sanction follows what was in that document so it actually implements what the league was seeking to do. So you end up with a situation here where a harsh penalty has been handed out which is what the Premier League wanted where there is now no policy basis for that penalty and therefore how can an appeal be anything other than an arbitrary process given there is no policy basis.”
Andy Burnham speaking ahead of Everton v Manchester United (Paul Greenwood/REX/Shutterstock)Burnham has demanded an swift decision from the Premier League to overturn the decision, and start again, and he added: “I would say the process should be declared null and void because of the regulatory malpractice of introducing new rules in the middle of a process, when really no regulator ever should do that.
“The sanctions regime should be shared with all the Premier League clubs, debated and adopted, and then Everton’s case should be heard again under the agreed PSR regime. I can’t see any alternative to resolve this situation. I don’t want to see Everton go into an appeals process, because I don’t think it would be fair. We would be continuing with a demonstrably unfair process, so that’s the only way I see this can be fairly resolved.
"I do think it is better for everybody that a quick decision is made now, we need the Premier League to address the point I have put to them, and to say clearly whether they are sticking with the process or whether they are abandoning it. It is about fairness and being treated with respect. There is no policy basis for the 10 point deduction.They said (commission) they would just do it themselves using ‘wide discretion’ was the phrase used.
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“And the thing that the league really do have to answer is this. How can there be a 10 point deduction for, ok a significant breach, but you would still say a technical breach of the PSR regime. But it is still the case where clubs going into administration are (punished with) nine points (deduction). So the consistency of that doesn’t hold.”
Burnham, a lifelong Everton fan, has taken the matter to Government, and has asked the Secretary of State for Culture, Media and Sport to intervene. The Premier League believe Burnham may be confusing a new sanction policy with what they were asked for by the commission and that he has fundamentally misunderstood the process and the judgement of the independent commission.
It is customary for both parties involved in commission cases, the Premier League summited their view on a possible sanction. The panel rejected both views of the league and the club.
Prem insiders have also rejected claims the punishment had anything to do with the appointment of an independent regulator. The rules were broken and Everton have admitted a breach.
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