27/05/2009 - Ken Tebbenham - Keep Bowling Legal

 
Like many others, I am concerned at the proposals contained in the way forward document. I am not normally a fan of “Forums” but because I am also concerned at the way discussion of this subject, so far, has been limited to meetings where attendance is by invitation only, then I feel it is the best vehicle for the research I have conducted to be presented to the majority of bowlers.

It comes as a shock to us all to learn that all sport, including Bowls, is regulated in Spain by Law. This comes about because the Statute of Autonomy, which created the various autonomous regions of Spain, stipulates that sport and recreation are the SOLE responsibility of the regional governments. In the Valencia region this responsibility is enacted in the Law of Sports, originally decreed in 1980 and updated in 1993 to bring it into line with current EEC law. The process of setting up Federations for the control of sport began with the decree of December 5 1983, Consell de la generalitat which governed the constitution of the Valencia sports federations.

To quote Councillor Miles Turner, the gentleman responsible for setting up the CBBA as well as the El Cid Bowls Club;

“Just running the “English” club is no longer sufficient when you have bank accounts, moneys and CIF numbers involved, it is also important to have this documentation (Libro de Actas and accounts books) in order if you request any grants.”

Part of the regulatory obligations of clubs and federations is to inform the Valencia department of sport of the names, proof of identity and address of all members of the committee and to keep a copy of the minutes book, stamped by the department of Sport and Culture

The preamble to this Act states that it is the will of the Valencia Government that compliance with the statutory provisions relating to sport will have effect across all sports in order that Valencia has its own sporting identity and sees sport as a cultural asset for improving public health, social welfare and is an essential element of coexistence.

There are 93 articles in the Act, far too many for me to recount or even understand but include provision of benefits for elite sports and athletes, the constitution of new federations, system of subsidies and enforcement of the legal system. It is quite clear that Sport is important to the people of Valencia and to the Valencia Government and if we transgress this Act we must expect to suffer the consequences.

The Valencia Sport Disciplinary Committee consists of five members, all of whom are graduates in Law, and are

experienced in sports. Although they are appointed by the Minister of Sport and Culture they operate independently of it as well as the federations. They are the supreme body and have a wide remit as well as wide ranging powers including the closing down, if necessary, of sports clubs and entities.

Serious infractions include sports facilities holding sports events without license or administrative authorization; the organisation of National or International competitions without the authorization of the General Directorate of Sport;

failure to comply with statutes, including the Sports Act, and failure to implement the decisions of the general assembly of the club and federation by the President and officers of the committee.

Every Bowls Club contains a clause in its statutes stating that the club has been founded under the Law of Sport and is governed by this law. The President and committee would therefore be guilty of a grave infraction, punishable under Law, if they were found guilty of not running the club according to the Law.

Hopefully this gives you some idea of the importance placed on the legality of sports clubs and federations and our responsibilities.

It would appear that this importance was recognised somewhat by the N.E.C when they informed us that the Costa Blanca Bowls Association is recommended as the nucleus for a National Association for Lawn Bowling and to “save

raised eyebrows” the association continues to be known by its initials CBBA.

We have also been informed that the “idea is to break away and be our own organising body in all matters relating to bowls.” and that we have a legally registered association, registered under the initials only, and that the CBBA is the ideal vehicle for the Way Forward.

There is no such body as the Costa Blanca Bowls Association!

What we know as the  CBBA is actually registered with the Department of Sport and Culture as the

Club Bowling Britanico Alicante y Provincial CBBA and is registered as a club! It is therefore subject to the same statutory regulations as any other club and is no more a LEGAL vehicle as any other club.

It is totally illogical to presume that given the amount of statutory legislation put into place to establish the Valencia Government as the body with the SOLE RESPONSIBILITY FOR SPORT in their region that they would do no more than raise an eyebrow to a sport which has broken away to become its own organising body! There must be considerable doubt that what has been proposed, or to be more accurate, the implementation of what has been proposed, is totally legal!

If so then it is within the gift of the Valencia Department of Sport and Culture to close down sporting activities run contrary to Valencia Law.

 Have the owners been advised that there is a possibility that they may lose their livelihood?

Are Presidents and committee members aware that sanctions on them could include fines for allowing their club to operate outside of the law?

And what of those who have been appointed to represent us on the FEB but who are now actively trying to coerce us to leave the federation and are threatening sanctions against those who refuse to join this break away association?

Surely they must have a conflict of interest and cannot possibly presume to reflect bowlers opinions within the FEB?

And this claim that each club would still have its own statutes “which would go to Seville as we would no longer be dealing with Madrid” beggars belief.

Bowls clubs which have ignored and transgressed their statutes are now going to register another set of statutes (LAWS!) which they are now going to send to Seville for approval???

And what of the sanctions being proposed against those clubs who will not go along with this breakaway; not being allowed to “participate in any leagues, any inter club competitions, their premises cannot be used to host any events.”

The shoe, in fact would be very firmly on the other foot entirely! It would be those clubs who remain within the law who would have the authorisation for organising events and competitions not the breakaway clubs!

Once again ARE THE OWNERS AWARE!

To proceed in the proposed manner will bring our game into disrepute.  If and when we are allowed back, how can we expect our relationship with the Department of Sport and our Federation to pick up from the good position we seem to presently have. Our relationship with the Spanish will be soured for ever.

The fact is it would never get that far. This action and the breakaway association would attract the full weight of the law.

To pre-empt two questions;

1)       If there is a legally registered Association in existence then, irrespective of how it is registered with the Department of Sport, can this be used to form a new controlling body?

2)       Isn’t this how cricket got its independence?

The answer to the first question is yes it can but it is not necessary to progress a new legal way forward.

The answer to the second question is yes but not in the manner outlined for bowls. Cricket never federated. An association was already in existence and Cricket used this to form a National Authority from scratch.

The Sports Act details the process how new federations can be formed.

 For Bowls it would mean segregation, not starting from scratch.

We would require permission from the Directorate General of Sport whose decision would be based on;

The amount of interest and participation in the sport.

The implantation of the sport in Valencia

Whether the existence of the sport is officially recognised.

The economic viability of the new federation.

A report from the federation to be segregated.

Just as in the case of clubs, the constitution has to be notarised and the stakeholders proceed with the registration   as a Federation notified to the Department of Sport which will be an interim basis.

It is probably a long drawn out process and may not be successful BUT it is the only legal way forward.

The proposed way forward is entirely devious. Using an Association but hiding behind its acronym so that officials won’t know it’s an association. Registering with Seville so that Madrid (presumably meaning the government) won’t know what we are up to. Just in case there is a problem with World Bowls then the International Squad will continue to be federated members!

I am certain there cannot be many who would not wish to see our sport stand alone rather than be lumped together with indigenous sports that have no relevance to us. I also believe that a consensus of opinion should be taken of all bowlers and that we should not have foisted upon us the uncorroborative view of a small number of members of a committee which only represents 945 out of a total of 2747 bowlers.

I have only researched the position in Valencia but there will only be small differences in other regions. The premise of Autonomous Regions being solely responsible for Sport remains.

I do not expect anyone to take at face value the results of my investigations. Dealing with a foreign language and its own legal jargon is not easy especially when most is “machine translation” and I am not a Spanish Lawyer, but then again I don’t believe any member of the N.E.C. is either.

But if any, some or all of what I have researched and reported on here is believed then I feel it is incumbent on the N.E.C. to take Counsel’s Opinion so that we may know that we are being asked to proceed in a legal manner.

Ken Tebbenham

Note from Webmaster: I think it would be very useful for the authors of "The Way Forward" to send a copy to this website, so that readers may at least understand the proposals set out.