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pFA ‚gags’ may be ended by Human Rights law
/pppThe Football Association may be breaking the law when it fines managers for outbursts against referees, under an Act of Parliament due to become law next year. /ppThe Human Rights Act, which allows individuals and companies to invoke the European Convention on Human Rights in British courts, threatens the FA’s disciplinary procedures and also jeopardises decisions such as the sacking of Glenn Hoddle as England coach. /ppThe FA this week upheld a £2,000 fine imposed on Aston Villa manager John Gregory for pitchside comments he made about referee Uriah Rennie at Newcastle in August./ppGregory admitted calling Rennie ‚an idiot and a few expletives as well’, but was unrepentant about his conduct, describing the fine as ‚unjust and excessive’. He indicated that he would not be changing his behaviour. /ppUnder the new Act he may not have to. Indeed it is the FA that will probably have to alter its approach. If it continues to fine managers simply for what they say, it risks breaking the law. /ppThe Act, which Parliament passed last year and is due to come into force in October 2000, will mean that individuals and companies in the UK will be able to rely on the strictures of the European Convention. It will be unlawful for a public authority to act ‚incompatibly’ with the Convention. /ppIn the past, sporting governing bodies, such as the FA, have argued that they are not public authorities and that judges should not be able to scrutinise their decisions. However, it is now widely thought that in light of the importance of sport, the large amount of money involved and the power of governing bodies, these bodies would be subject to court scrutiny. /ppArticle 10 of the Convention states that everyone has the right to freedom of expression. If Agatha Ruiz Dela Prada E Shop a public authority seeks to restrict a person’s right to freedom of expression, the restriction must be ‚prescribed by law’ and necessary in a democratic society to meet a number of specified goals. /ppClearly, in fining individuals simply for making comments, the FA is restricting those individuals’ freedom of expression. The onus will fall on the FA to justify the restriction. /ppOne justification for such a restriction is where it is necessary for ‚the protection of the reputation or rights of others’. The FA Biggest Prada Store In London may say that it is simply seeking to uphold the reputation of the game and its officials. However, it is not clear that About Prada Products this argument will succeed. /ppThe Convention requires that any restriction must be proportionate. So a href=”http://www.australiaprada.com/” rel=”friend met co-worker neighbor”prada bags 2017/a, while the FA may say that fines like the one imposed on Gregory are necessary to retain the authority of referees and to prevent profane and offensive comments, the present approach appears to go a lot further – seeking to deter any critical comment, regardless of how fair and accurate. It is not clear why such a blanket ban is necessary. The burden will be on the FA to show that it is. /ppIn addition, since it is Authentic Prada Outlet Uk not clear what the FA will and will not allow, the FA may be attacked on the basis that Baby Prada Shoes Uk the restriction on freedom of expression is not precise enough to be ‚prescribed by law’. The FA should set out much more clearly what is allowed Authentic Prada Trainers and what is not. /ppCases such as the FA’s levering of Hoddle from the England job for his comments about the disabled could also be open to question. The FA’s approach may not only have infringed his right to freedom of expression, but also his Authentic Prada Milano Handbags right to freedom of religion under Article 9. /ppIts disciplinary regime itself may well be in breach of another Convention provision. Article 6 states that everyone is entitled to a ‚fair and public hearing by an impartial tribunal’. It is not clear whether the FA disciplinary process is sufficiently independent and impartial. /ppThe FA is also responsible for the England team. Earlier this year former FA chief executive Graham Kelly, claimed that in 1998, England captain Alan Shearer had threatened to withdraw from the World Cup if action was taken against him arising from an incident when he appeared to kick Leicester City’s Neil Lennon in the head. It is not known whether this threat influenced the FA in any way, but the FA reviewed the incident and found Shearer not guilty and a danger of perceived, if not actual, bias remained. /ppBy contrast, Arsenal’s French midfielder Patrick Vieira received little leniency this week when he was given a six-match ban and a £45,000 fine for spitting and swearing at a policeman at West Ham last month. /ppIn the year before Authentic Prada Handbags Outlet Uk the Human Rights Act comes into force, the FA would be well advised Ap Lei Chau Prada Factory Outlet to put its house in order. One way to do this would be by instituting a separate and independent body to conduct disciplinary hearings, and Are Prada Trainers Made In Vietnam also by setting out clearly what behaviour it considers unacceptable. /ppThe Human Rights Act is also likely to inculcate human rights into public attitudes as well as UK law. The FA, which seeks to govern a well-funded and highly opinionated group of individuals, may soon find itself vulnerable in this new environment. /pp• Dan Tench is a solicitor at Lovell White Durrant/p
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