I am pleased and privileged to open the debate on behalf of the Public Petitions Committee.
The committee will consider a report on its work on petition PE1319 in due course, but we felt that it would be useful to afford the Parliament as a whole the opportunity to be part of the debate and for members to be able to contribute any comments or suggestions about youth football and how the improvement that is called for can be delivered.
This petition is the longest-running petition currently being considered by the Public Petitions Committee. The fact that it has been under consideration for so long—it has been kept open across three sessions of the Parliament—indicates how seriously we take the issues that have been raised. It is evident that committee members over a long period have been exercised by a desire to ensure that youth football not only produces the stars of the future, but provides opportunities for young people simply to enjoy the sport and to be at the centre of youth football, and not just as a by-product of commercial interest.
Football, for good or ill, holds a special place in our society. Those with the talent, ambition and commitment to achieve success at a professional level should be supported to realise their goals. Equally, those who want to take part in football on a non-professional basis should have every opportunity to do so, and all of us should value the game at that level, too. We should also value the volunteer coaches and organisers who provide so much of their time, allowing young people throughout our country to enjoy themselves every night of the week. Striking the appropriate balance between those professional and non-professional interests is at the heart of this petition.
Before I go on to discuss some of the themes that the petition raises, I pay due recognition to the petitioners, Scott Robertson and Willie Smith. Both Scott and Willie should be commended for their commitment and dedication to youth football, evidenced not only by their continued engagement—nay, persistence—with the petitions process, but by the years that they have given to sustaining youth football at a local level. Their work goes beyond the petition; it has led to pleasure and opportunity for many young people across the country over many years.
That the petition has been under consideration for such a long period indicates that the Public Petitions Committees—I use the plural advisedly—have not been satisfied that the outcomes achieved to date are the best that can be delivered. That said, recognition should be given to the movement that has taken place on the parts of the Scottish Football Association and the Scottish Professional Football League. Changes have been made, which could be positive. Examples of the steps taken include the introduction of a standard registration pack for all players; clarification that young people registered with football academies can continue to play for their school team; and the introduction of staff to support child wellbeing and protection. However, we remain concerned that, in balancing up the various interests that are at play, the system does not always ensure that children and young people’s interests are as absolutely central as we believe they must be.
Given the success of the senior Scottish women’s team in its recent qualification for the 2017 European championship tournament, members will perhaps forgive me for expressing our hope that, whatever the future for the regulation of youth football, the plans that are put in place will allow an investment in elite level girls’ football that is comparable with that in elite level boys’ football.
I will highlight three issues of particular concern to the committee: the registration period for players in the 15 to 17 age group; the payment of compensation costs; and appropriate payment of the minimum wage to young players.
Currently, players in the 15 to 17 age group are signed for a three-year registration period. That differs from registration in the 10 to 14 group, which is on an annual basis. Concern has been expressed by the footballing authorities that a shorter registration period in the 15 to 17 age group might result in English clubs seeking to recruit Scottish players to the detriment of both our clubs and the educational and family life of young players. A question that we have asked on a number of occasions is why the best interests and wellbeing of a child or young person are matters that should be determined by football systems rather than by the parents and guardians of the young people concerned or, indeed, the young people themselves.
Within the three-year period, a player is not able to move between elite professional academies unless financial compensation is paid. We understand that the compensation payment is a FIFA requirement; the amount of compensation due is calculated on the basis of a matrix, with the acquiring club making a compensation payment commensurate with the value of the training that it would have provided up to the relevant point in a player’s career. In other words, for a player moving from an academy rated gold to an academy rated bronze, a compensation payment is made based on the value of training at bronze level. A number of organisations have suggested that it would be fairer to make the compensation payment only at the point at which a player signs his first professional contract, and our understanding is that a compensation system that operated in that way would be compliant with FIFA rules. The committee is clear that the issue of registration is not being conflated with the issue of professional contracts that might be signed by players aged 16 and over. However, the terms of registration and the current compensation system are, in our view, unduly restrictive on players and should be changed.
On contracts, we have recently considered the issue of minimum-wage payments. Although the issue is not explicitly addressed in the petition, it is another element on which concern has been expressed to the committee about the football authorities’ approach. Minimum wage is a legal requirement about which there can be no equivocation. In evidence to the committee, the footballing authorities set out their position on why it might not be immediately clear what payments are being made to a player and how many hours they might be required to work. Against that, numerous submissions referred to contracts that gave a figure of £1 a week for the payment due to a player. We have also had discussions about what might or might not be involved in calculating the hours worked by a player and about other payments that might mean that, overall, an individual is being paid at least the minimum wage.
I think that the committee is clear that if a player’s contract includes payment of an appearance fee, that payment should be taken into account only by way of an actual appearance; it should not be a means of topping things up so that it looks as if the minimum wage is being paid. There has been debate with the footballing authorities about their approach in instances in which below-minimum-wage payments have been brought to their attention. In the cases that they have considered, their main focus has been on ensuring that any player receives what was due to them. I note that a change in approach has been discussed, which would enable the football authorities to enforce a penalty against a club found not to be in compliance with minimum-wage requirements.
That is, of course, welcome, but it remains a source of frustration to the committee that, after the authorities became aware of a number of instances in which questions were raised about minimum-wage compliance, they did not join the dots more rapidly to recognise that the problem was more than an isolated incident. Saying that no one had complained about it cannot be a defence; that is just not sustainable. It must be the duty of the regulatory bodies to ensure that there is no exploitation, particularly where a young person’s ambitions and dreams and their families’ ambitions for them might make it difficult for that young person to complain or, indeed, might lead them to accept what others might regard as exploitation.
I do not want to paint a picture of professional football club academies being full of disgruntled young people either being held against their will or not being supported to fulfil their ambition or potential. I do not think that that is the case; indeed, the committee is looking forward to the visits that it will soon be making to clubs that are part of the current academy system. However, we are concerned that the system’s design is not as robust as it could be to best serve the welfare of the children and young people concerned.
Recently, the committee’s consideration of the petition has been taking place against the backdrop of project brave, the SFA’s proposed overhaul of the elite youth academy system in Scotland. One of the proposals in the initiative is to reduce the number of boys in the elite academy system from 2,500 to 1,200. In announcing project brave and its intention to reduce the number of elite academies, the SFA noted that Scotland had 29 elite academies for a population of just over 5.5 million, while the German system had 54 academies for a population of over 83 million. Although we understand that work on the proposals encompassed within project brave will be on-going, we hope that it can be seen as an opportunity to address the issues raised by the petition, so that the rights and wellbeing of the children and young people concerned are fully recognised and protected.
We are clear that for Scottish football to thrive, an attitudinal shift is required. The question of whether the current processes that are in place for youth football, at both elite and recreational levels, are sufficient for child protection has been considered by both the Public Petitions Committee and the Health and Sport Committee, and I understand that the deputy convener of the Health and Sport Committee will address those concerns in her contribution.
In June 2016, the Minister for Public Health and Sport wrote to the Public Petitions Committee noting the on-going concerns of Tam Baillie, the former Children and Young People’s Commissioner Scotland, but saying that she believed that
“there would be merit in giving these new measures some time to take effect before considering whether any further action may be required.”
At the time, the minister indicated that she would continue to work with Mr Baillie and was
“not ruling out external regulation, but would prefer to assess the effectiveness of the voluntary steps the Scottish FA and SPFL have put in place first.”
In a further letter of August 2016, the minister stated:
“The Scottish Government will continue to monitor these new measures, and would be happy to discuss with the Public Petitions Committee and other stakeholders—including the Children and Young People’s Commissioner in Scotland—how we can provide appropriate oversight to ensure the human rights of children and young people are reflected.”
Mr Baillie’s thinking on the issue is well summarised in his letter to the committee of July 2016, in which he stated:
“my overall impression is that they have gone as far as they are prepared to go or are able to do so within their governing structures. This is not a matter of ‘giving new measures some time to take effect’ as suggested by the Scottish Government, but more facing up to the fact that for real change to occur, external regulation has to be imposed on bodies which, to my mind are either unwilling or incapable of taking appropriate action to safeguard the rights of children.”
I hope that today’s debate will afford the minister the chance to offer her assessment of whether further action may now be merited. I would be interested to know her timescale for establishing whether the voluntary action is effective and to hear that she recognises and understands the scale of the anxiety that many people around youth football have expressed about the way in which matters are currently conducted.
The debate is an important and essential one. The petition is driven by a desire to sustain youth football and to ensure that, in its governance and financial dealings, it is fair to all concerned. I believe that it is important to establish proper rights for young people who find themselves in the youth football world, so that they are not exploited and so that they and their families can have confidence in the system that they are in.
I welcome the debate and the Parliament’s further interest in the work of the Public Petitions Committee in this regard.
I move,
That the Parliament notes public petition PE1319 on improving youth football in Scotland.
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