Britology Watch: Deconstructing \’British Values\’

11 March 2009

Shorts (3): Would a football Team GB be illegal?

I see another English government minister (the Sports Minister – for England only – Gerry Sutcliffe) has been sticking his oar in where he is neither qualified nor welcome to speak, insisting that: “A Great Britain football team will take part in the London 2012 Olympics even if it consists entirely of English players”.

I don’t know why Mr Sutcliffe feels he has any jurisdiction in the matter, as his governmental responsibilities for sport, and hence for football, are limited to England, not ‘Great Britain’ or the UK. But this sort of overstepping of legally defined areas of competency may be required to force through a football Team GB against the wishes of the Football Associations of Scotland, Wales and Northern Ireland, and the supporters of all four national UK teams, including those of England.

I’m wondering whether any decision to go ahead with an all-English Team GB would be open to legal challenge on at least two, possibly three grounds:

  1. The FA’s (that is, the English FA’s) constitution limits its responsibilities to “all regulatory aspects of the game of football in England”. I read this to mean that the FA is not legally entitled or even authorised by its own rules to select or regulate anything such as a ‘Great Britain’ football team.
  2. Team GB itself is selected by the British Olympic Association “in conjunction with the governing bodies, from the best sportsmen and women”. The reference to the ‘governing bodies’ means the governing bodies in the UK for the relevant sports. Those for football are listed as the FA and the associations for Scotland, Wales and Ireland. Therefore, if the BOA and the FA ignore the unwillingness of the SFA, FAW and IFA respectively to put forward names of their countrymen and -women for selection for Team GB – and even to recognise the validity of such a team – I would have thought this would be open to legal challenge on the grounds of flouting the established rules for selecting Team GB.
  3. This could also potentially be challenged on the grounds of discrimination: the BOA and FA could be accused of discrimination if they excluded Scots, Welsh and Northern Irish footballers from being selected. If, on the other hand, they did pick footballers from those countries who made it clear they wanted to be considered, this could be regarded as undermining the legally recognised authority of the national associations to regulate the game in their countries. Of course, accusing the BOA and the FA of discrimination in this way could backfire on the other associations, who could also be accused of discrimination for making their compatriots ineligible. However, such a legal challenge, if it were taken out by the BOA or FA, could also be viewed as questioning the authority of the associations to regulate the professional game in their countries. So the whole thing could get incredibly messy!

Maybe if the FA and the BOA persist in their offensive insistence on an unwanted football Team GB, legal action of the types I suggest might be the way to block it. The whole thing could drag on for years, making it impossible to proceed with plans, preparations and appointments for any eventual team.

Might be worth considering if the worst comes to the worst.

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