From Boot Money to Bosman: Football, Society and the Law

by David McArdle

London: Cavendish, 2000.
Pp.259, £35.00 (pb),
ISBN 1 8594 1437 0

Reviewed by:
HAZEL HARTLEY
Leeds Metropolitan University

This innovative book makes a major contribution to the literature on sport and the law. It has a very useful combination of legal principles, case law and socio-historical contextualisation, making it an attractive introduction for both sports studies students and students of sport and the law. The book benefits significantly from the author's involvement in primary research across a range of areas, including sex and race discrimination, stewarding in football matches and the work of the Football Task Force. The text is very well organised, with complimentary pairings of chapters which set the scene very well, rather than just reporting case law. The writing style is accessible, well-referenced but not over-quoted, with an interesting use of subheadings.

Chapter one examines law, leisure and the development of modern football, and considers how early versions of the enclosure laws were the predecessors of the Commons Registration Act 1965 and contributed to the changing leisure pursuits during the eighteenth and nineteenth centuries. In particular, it focuses on how enclosure contributed to the demise of most animal sports whilst assisting directly or indirectly in the development of boxing, foxhunting and, crucially, 'modern' football. How did certain sports attract considerable hostility from legislators and the judiciary against the background of the civilising process? It charts the effects of the enclosure acts as oppressive laws on access to enclosed land and customary rights to rural and industrial leisure pursuits, lawful sports and pastimes 'for the public good'. It also highlights the significance of clubs, pubs and factories in bringing football to working-class men.

The second chapter provides a socio-historical perspective of the hundred years of the players' registration scheme. It covers the abolition of the maximum wage, useful interpretations of Kingbury v. Aston Villa Football Club [1912], The Times, 28 March, and Eastham v. Newcastle United Football Club [1963] 3 All ER 139, highlighting a view of the transfer system as an 'employers' system run by clubs, which were part of a culture which regarded the football clubs as outside the EC law. This chapter sets the scene well for chapter three, on Bosman and Beyond. A very clear account of the Belgian Football Association and others v. Bosman [1996] All ER (EC) 97 case is introduced through a useful historical account of the structural arrangement of the European Community and Treaty of Rome. Prior to the Bosman case, there is a thorough review of relevant sports cases, transfer and quota systems and their relationship to European law and policy, with good access to relevant commentaries. A very well-structured analysis of the legal decisions follows, including the implications and the responses of governing bodies as well as a consideration of the impact of the case on other sports.

Chapter four argues that judicial responses to football-related violence and disorder, particularly in the years before and since the 1989 Hillsborough disaster, have coloured the several Acts of Parliament which have since been foisted on the football fan. This is followed by a review of sociological research on the 'hooligan phenomenon' as the 'English sickness' over the past three decades. This includes moral panics, reports, crowd segregation, media representation of incidents and ranges of behaviour, labelled as criminal, whether or not they were ever defined as 'football hooliganism'. The development of hooligan 'firms' operating away from football grounds is examined, as is the judicial policy of imposing custodial sentences on 'hooligan' behaviour.

'Crowd Control or Customer Care?' clearly sets the agenda in chapter five, examining, among other things, safety a decade after the 1989 Hillsborough disaster, the Football Licensing Authority inspection approach and recent legislation. Part two, drawing on primary research of the author, examines the changing role of the steward, the police, safety officers and private security staff. Dr McArdle analyses the power relations between the agencies and clubs. and perceptions around the division or work, resourcing and training of club stewards and security stewards and their views about internal training systems, compared to national NVQs. The role of, and risks faced by, the police, the agency steward and the club steward are analysed.

Chapter six challenges racism in football and takes a different approach to previous work on the racism of football fans. Rather than focusing on the conduct of spectators it pays attention to racism in the boardroom and changing room and the inadequate response to it. It includes very illustrative examples of rare industrial tribunal cases, and reviews the research of the Football Task Force into racism, which led to several recommendations for the FA, PFA, local government, Football Trust, Premier League and FLA Safety Officer's Association. It provides an analysis of the governing bodies' responses to such recommendations, reviewing some of their initiatives, such as the 'Kick It' campaign, club codes of conduct, training and public statements.

Chapter seven considers how the Sex Discrimination Act 1975 and Race Relations Act 1976 have impacted upon discriminatory practices within sport in general and football in particular. Differential treatment of sport by legislation on sex and race discrimination is examined. The legislation is then illustrated by direct discrimination cases under Sex Discrimination Act 1975, s.44, including key cases such as Bennet v. FA [1978] unreported CA judgment, British Judo Organisation v. Petty [1981] ICR 660, Hardwick v. FA [1997] unreported IT No.2200651/96, and Couch v. BBBC (1998) unreported IT No.2304231/97. There is very good contexualisation of the legislation and analysis of cases, followed by a useful formulation of a three-stage test to determine if sexual discrimination is lawful within a particular sports context. It ends with an outline of the challenges facing governing bodies and clubs before they can claim to be equal opportunities employers and emphasises the importance of good policies to compensate for the limitations of s.44.

Chapter eight, written by Mark James, deals with player violence and injuries through the criminal and civil law. After introducing R v. Brown [1993] 2 All ER 75, it provides an overview of the sports injuries that draw the attention of the criminal law, from assault to grievous bodily harm with intent and homicide. The author questions the idea of players being punished twice by the internal mechanisms of sport, followed by the law of the land, but expects those in charge of the game to explore alternative ways of dealing with violence, which would obviate the need for recourse to the criminal law. There is some thoughtful commentary on the civil law standard of care in sport, volenti and a good understanding of the development of sport case law.

Chapter nine reviews the 'extensive' disciplinary powers held by sports governing bodies and questions assumptions around classifying all sport and leisure activities or bodies as 'private', referring to the jockey club as a 'true monopoly'. It includes thoughtful commentary on the implications of the Human Rights Act 1998 and the interpretation of public policy and public bodies on a case-by-case basis.

Chapter ten explores equal opportunities law in sport contexts, beginning with the observation that the United States legislation found in Title IX Education Amendment Act 1972 can provide for positive discrimination in areas where women have been traditionally under-represented. The author again sets key cases such as Bennett and Couch in a broader context and provides a historical account of the development of women's football. He draws on critical commentary of the ambiguity of Title IX, coupled with a confused regulatory programme as inhibiting its potential use, as well as providing a clear commentary on its relationship with the Civil Rights Act 1978. It ends with a presentation and discussion of the Hardwick case and future possible legal actions by female coaches.

The final chapter, 'Blowing the Whistle', introduces workplace concerns around the rights of whistleblowers beyond the Public Interest Disclosure Act 1998. This chapter does not sit so easily alongside the rest of the book and has little to do with football. However, it is more important to recognise such neglected workplace concerns, which are rarely discussed in relation to sport. It deals with some difficult areas and contains important material on harassment and sexual abuse, with some very useful lessons to be learnt from the experiences and cases in the United States.

This is an excellent text which systematically locates principles and cases in a broader socio-historical context, regularly making useful comparisons with developments in the United States. It has the capacity to engage students and sports practitioners alike in football and the law in a thoughtful and non-threatening manner, which will encourage them to reflect on their practices and the implications of legal cases and developments in football. In the preface, Dave McArdle refers to the help he received and notes that as a result he hopes that that 'those expecting The Boys' Book of Football Law will, I hope be disappointed'. Fortunately, I think they will.