The recent United Kingdom snap general election result has done little to reassure the world that Brexit will not have any negative consequences. One key area where the implications are still murky concerns the sporting sector, a sector that year after year is rapidly growing in terms of commercial value and one whose prosperity is significantly under threat unless the right decisions are made which would offer protection to such sector.
While the true impact the UK’s withdrawal will have on the professional sporting leagues cannot be pinpointed exactly, certain expected impacts can already be noted, among them investment and funding opportunities, integrity as well as the free movement of players.
In terms of investment, such impact is already being seen due to the fall the pound currency took immediately after the announcement of the Brexit result. Due to the fall in the pound, recruiting players from overseas has become more expensive, as was seen in summer 2016 when a world record fee of £89 million was paid by Manchester United for the services of Paul Pogba.
In the longer term, large-scale projects, such as the development or enhancement of sporting facilities, could possibly be scaled back or put on hold owing to such currency fall and uncertainty from the Brexit effects. On the other hand, such low currency rate could pose as a further incentive for foreign investors to invest in clubs across the UK, thus bringing in much needed funds to such clubs to keep their operations running, something which is already being seen with the takeover of various clubs such as Nottingham Forest.
It is expected that following the UK exit from the EU, its membership of the European Union Agency for Law Enforcement Cooperation (EUROPOL) will also come to an end. Such agency is key for having cross-border cooperation in tackling match-fixing, corruption and doping, among other matters, all of which are key issues that are at the heart of professional leagues.
In the longer term, large-scale projects, such as the development or enhancement of sporting facilities, could possibly be scaled back or put on hold
Arguably one of the most significant impacts that will be caused by Brexit concerns possible restrictions on the free movement of players between the UK and the EU and vice-versa. The principle of freedom of movement has been a beneficial contributor towards the steady growth of the UK’s professional leagues; not only to the football leagues, but also to the rugby and cricket leagues, who have benefited from having players showcasing their talent in their leagues and not being classified as non-EU players.
Owing to Brexit, landmark principles, such as those established in the Bosman ruling, are at threat of no longer being applicable to the UK.
Owing to the nature of a hard Brexit, players who do not have a UK/EU passport or are married to an EU national, will no longer benefit from having an automatic right to work in the UK and could be potentially classified as being non-EU players.
If this is the case, then tough rules would be applicable to them, as currently is the case for non-EU players wishing to play in the UK. As a result, football players such as N’Golo Kanté and Anthony Martial, as well as rugby professional players such as Derrick Appiah, all currently deemed to be EU players under their respective association playing rules, would not meet such stringent criteria should they suddenly become classified as non-EU players, thus not being able to playin the UK.
Restrictions would also be imposed on British players who are seeking employment or are currently employed in foreign leagues, such as Gareth Bale, since they would likely be classified as non-EU players and thus be subjected to needing a work permit, therefore no longer be able to benefit from the Bosman effects.
This could also affect the playing chances of Maltese footballers currently plying their trade in the English leagues, among them Andrea Borg (Peterborough FC), Myles Beerman (Rangers FC) and Sam Magri (Dover Athletic).
The UK will also no longer be able to rely upon special agreements such as that of Kolpak or Simutenkov which previously allowed it to have non-EU nationals classified as EU nationals for purposes of their respective sporting leagues. Severe consequences are likely to be seen in the cricket and rugby leagues who benefit mostly from such type of players, among them South Africans.
A possible restriction that could apply with respect to the football league is that British football clubs would no longer be able to benefit from the exception provided for in Article 19 of Fifa’s regulations on the status and transfer of players concerning international transfers of players aged between 16 to 18.
This could be seen as having severe consequences for such clubs due to the fact that investing in young talent is often seen as being low-risk and at the same possibly reaping a higher reward in the following years. This could also have an adverse effect on the UK club’s abilities to qualify their EU players as being home-grown for purposes of European competitions.
Without a doubt, sporting associations and clubs will be spending the ‘quieter’ summer months in endless negotiations with the British government to try and ensure the best deal is reached with Brussels, especially when it comes to freedom of movement concerning its players. When such deal does effectively come about is another question.
For the time being, and the next two years of negotiations at least, it is business as usual but with an uncertain future.
Robert Dingli is vice-president of Swieqi United FC and currently reading for a Masters in Sports Law at Nottingham Trent University.