New owners' and directors' test would not solely prevent financial issues, says review leader
- Published
Bury were expelled from the English Football League in August
An improved owners' and directors' test would not solely prevent clubs experiencing financial problems in the future, says the man leading the review into the sustainability of Football League clubs.
Jonathan Taylor QC has spoken to BBC Sport about the potential for further layers of checks to be put into place to ensure owners continue to act in the best interests of clubs.
The review was set up in the wake of Bury being expelled from the EFL in August.
A winding-up petition brought by HM Revenue & Customs against the Shakers was adjourned for 14 days at the High Court on Wednesday, two days after supporters' group Forever Bury announced that a party interested in buying the former League One club had pulled out.
Taylor is still at the very early stages of his review and his overall aim was to put in place regulation that is "fit for purpose", whilst protecting "the integrity of the sport".
Evidently, much of his focus is going to centre around the "fit and proper person's test", which has been widely criticised, both in the Bury case and the one at Bolton Wanderers that also arose during the summer.
That had a better ending in terms of the club surviving, even if the price Bolton are almost certain to pay is relegation to the fourth tier of English football for only the second time in their history.
Football League sources have stressed no definitive conclusions have been reached.
Taylor told BBC Sport: "I do agree, the 'fit and proper person's test' is not a panacea for all ills. It is a filter.
"It could be said no-one has failed it. That might be because it is clear and anyone who knows they are not going to pass it doesn't even try, in which case it achieves what it is supposed to.
"But you can't stop there. You have to look at what happens after that.
"The question is 'is there more that can be done?' I have no view on that at the moment and I am not going to prejudge the outcome."
He continued: "It is a fair question to ask 'can the owners' and directors' test address all these problems?' The answer to that must be no. It can be a filter. It can address and avoid certain issues but you have to understand it will not mean there won't be problems.
"But the league doesn't only have power at the point of entry. It can also have power all the way through. The right to participate in the league is not absolute. It depends on clubs holding a share and the league is allowed to say that is conditional on X, Y and Z.
"Are there further trigger points after entry which necessitate the league intervening and if so, what is the appropriate regulatory response?"
"At the moment there are a set of triggers and a set of responses. I am not saying they are not adequate. I am at the start of the process. But I agree the point of entry is just one part of it."
Taylor says he has already been contacted by Forever Bury about the background to the case involving the Shakers, and would welcome input from all parties involved.
"You can rest assured there is a line of communication for people if they want to come and contribute. No-one is barred from doing that," he said.