Amid the mountains of words written in Australia about Lance Armstrong’s recent interview with Oprah Winfrey, there has been surprisingly little serious debate about what this case means for how we should respond to drugs and doping in Australian cycling.
In the run-up to the interview, the public reaction, media and expert commentary ranged from speculation about whether Armstrong would confess at all, to what he might confess and the likely costs, to his selfish motivations and, bizarrely, to armchair diagnoses of narcissistic personality disorder.
But what the policy-makers and officials in Australian cycling do in the wake of this story is far more critical for the future of the sport in this country than it is Armstrong’s fate.
There are some very significant things happening in the policy landscape of Australian cycling that deserve attention.
Sports Minister Kate Lundy and Cycling Australia are currently considering their response to the recently released Wood Review of Cycling Australia.
The Wood review has recommended a range of anti-doping measures, including improved governance structures, more extensive testing and sanctions, better education, an ethics and integrity panel, and better rider support systems.
The Australian Sports Anti-Doping Authority (ASADA) has also been busy since last November, undertaking its own investigations into doping activity in cycling – calling for riders past and present to come forward with information about rules violations.
Curiously, the ASADA investigation is offering no punishment amnesty for past episodes of anti-doping rule violations, although under the World Anti-Doping Code individual whistle-blowers may be given “substantial assistance” in the form of reduced sentences.
Stricter drug testing and surveillance protocols, and harsher penalties for athletes returning confirmed positive test results, look like good policy responses to drugs and doping in cycling. And the best available evidence suggests the general public and many athletes support such measures.
But we should be careful that, in our post-Armstrong rush to harden anti-doping approaches in Australia, we don’t find ourselves on a one-way path to a war on drugs in cycling and other sports.
There are already concerning signs. Over the last few months there has been an escalation in the official rhetoric around drugs in cycling policy, with Cycling Australia, ASADA and the Federal Sports Minister all issuing calls for greater punishments for cyclists who test positive.
The governance architecture is now being put in place to support such moves. A memorandum of understanding between ASADA and the Australian Crime Commission was brokered by the Sports Minister in late 2012. And the Wood Cycling Australia Review, mentioned above, has just outlined further options to extend and strengthen drug testing and sanctions.
The problem with this is we know from our experiences with illicit drugs, and other areas of health, that lasting changes in behaviour are rarely brought about through an over-emphasis on prohibition and punishment, or other forms of individual naming and shaming.
Instead we need approaches that aim to achieve cultural change at the group level. To do this requires that we understand the culture in question – a challenging enough task made more difficult by the absence of honesty.
This is the crux of the problem before us now. There is a lack of understanding of the culture and traditions of competitive cycling. And, unfortunately, precious few people in cycling are coming clean about this culture.
Lance Armstrong has been portrayed as being at the centre of the culture of doping and cheating in international professional cycling. But Armstrong was right when he told Oprah “I didn’t invent the culture”.
Drugs and doping have been a part of competition cycling since its earliest days, internationally and here in Australia.
If we care to look closely, it is possible to see that the drugs in sport issue is never just about the individual. The use of drugs and other performance-enhancing methods in sport, as in other domains of life, is influenced by the historical context, and the environment, cultures, and people around us. No-one uses drugs in a social vacuum.
Further, the choice to use performance-enhancing drugs is rarely just about one person’s desire to gain advantage. Such choices are motivated by a complex mix of factors including the quest for personal enhancement and pushing performance limits, pain management, recovery, career longevity, economic gains, and a desire to belong.
Bodies such as Cycling Australia and ASADA do excellent work in responding to the use of drugs and doping in Australian cycling. Even better results are possible on that front in the future, but the gains won’t come through punishments.
A better way forward is via a World Anti-Doping Agency-authorised amnesty where individuals who have participated in, or have knowledge about doping in cycling can volunteer such information with immunity. An amnesty with full absolution would allow us to take a broader, more informed view that brings us to an understanding of the cultural conditions and determinants of sports doping.
This would deliver greater policy returns than restricting the focus of our spotlight on individuals such as Lance Armstrong and others like him that are sure to follow.
The recent doping admissions by the past Australian riders Matt White and Stephen Hodge looked like a welcome precedent for honesty about drugs in Australian cycling. Regrettably, the tough-on-drugs approach looming now in Australia for cycling and sport generally will probably work against this.
There is no doubt that a type of truth will emerge from this approach. But it will be incomplete and incapable of informing better policy.
Martin Hardie
Lecturer in Law at Deakin University
yes the zero tolerance policy only assists those in power
Joe Gartner
Tilter
Whilst I don't have an issue with zero tolerance, this should not extend to athletes only. I imagine that it would be rare in the peloton for an individual cyclist to be doping. As the recent LA case has shown it tends to be a systematic team controlled process, with sophisticated drug trafficking, smuggling and administration practices.
Tis being the case, and given that young athletes have been subject to coercion, at worst, peer pressure, at best, to dope; should not the teamdirectors and doctors be subject to greater penalties than the athletes?
Concentrate on the smugglers, traffickers and ringmasters of this sordid practice.
Gary Cassidy
"should not the team directors and doctors be subject to greater penalties than the athletes?"
Good point
Gary Cassidy
I would like to see an amnesty to get thing out in the open so that administrators/drug agencies can learn as much as possible.
Post amnesty, I would like to see performance enhancing drug use criminalised - this would send a clear message to athletes, team directors, coaches, doctors, etc. that it's not OK to use performance enhancing drugs, and there are serious consequences. Further, I would like to see professional sporting bodies have mandatory drug education and support programs that target talented youth, young riders, established riders, and support personnel.
Martin Hardie
Lecturer in Law at Deakin University
I first wrote of an amnesty as a proposal around 2006. It now finally is getting sone traction. In relation to prosecuting doctors and managers the operacion puerto trial starts in madrid next monday. To date no one else have done this in the wada era. The spanish should be comended not condemned for this.
Joe Gartner
Tilter
I may be wrong but I think it is already a criminal offence to supply and administer S4 drugs without a prescription. Taking the drug itself I'm not sure,but I imagine that the existing penalties to trafficking and supply would be greater than using (as for illicit drugs).
It could be that existing Australian law is sufficient without the introduction of new legislation.
Kevin Bain
Teacher
Surely the amnesty idea you mention is with the intent of "blowing the cover" of offenders so that investigators can get evidence about the mess. For this, individual amnesties are appropriate but to turn it into a general amnesty is about protecting the industry. It devalues the crime and signals weak enforcement in the future if the problem is too big. All the cries that "we never knew" and "we were naive" by Cycling Australia and others have a hollow ring.
Martin Hardie
Lecturer in Law at Deakin University
The aim of any real amnesty and truth and reconciliation process is to give peolle a place to talk honestly. If thst doesnt happen we will continue to get pepple living in denial, such as those ausdies who noe clsim tbey never doped. It should not be about ptotecting tbe industrybut about reforming it. In the end dopibg is about labour conditions. The problem now is that people like the change cycling now group just want to change the owners and avoid vad publivity. This has the potential to be worse than the UCI system. Sorfy for the shorthand and typos the last week. Im rendering the kitchen. But i cant residt chiming in. Hopefully ill wfite something more considered when its over
Jason Mazanov
Senior Lecturer, School of Business, UNSW-Canberra at University of New South Wales
Thanks for reminding us about the fallout. It is easy to get hysterical.
In a SportHealth article I asked what it would take to make anti-doping work. The CA Review and the 2015 WADC update both consolidate administrative procedures and protections. The INHDR argue that anti-doping has begun to overstep its mark.
Something I have been arguing for some time is that anti-doping needs to evolve. It probably needs to evolve towards "drug control in sport" rather than being about performance enhancement. Getting rid of the enhancement hysteria starts refocusing the debate.
I also agree with Martin that we need to rethink how anti-doping is controlled. I wonder how anti-doping would be different if it were controlled by, say a union of cyclists rather than sports administrators... More on that in an upcoming book chapter!
Best wishes,
Jason
Martin Hardie
Lecturer in Law at Deakin University
Jason, Which reminds me ... i need to write something soon ad to why doping is not a moral question.
Joe Gartner
Tilter
well it's an ethical question right now, being illegal and cheating are just two reasons.....
whether it is an ethical question in the absence of rules or legislation to the contrary is a different question, and a moot point unless the rules of the sport are changed.
It was my understanding that a survey (of unknown quality) was conducted that stated that athletes and the public (who are the consumers of sport) were more supportive of non-doping than doping in cycling. This being the case why is there any discussion on whether we should allow doping? Unless harm minimisation is the aim (even this would be difficult to quantify).
Craig Fry
NHMRC Career Development Fellow at Victoria University
Its good to see this discussion. Thanks all.
The amnesty issue is currently being ‘debated’ by WADA, UCI, USADA and Change Cycling Now – see for example the following links:
WADA
http://bit.ly/W3iw9r
UCI
http://bit.ly/W0LaYO
USADA
http://www.usada.org/media/uci1152013
Change Cycling Now
http://www.changecyclingnow.org/
The bodies appear to differ on whether the way forward should be a ‘full amnesty’ or a ‘limited Truth and Reconciliation and Amnesty Program’.
And, unfortunately, the issue has been politicised, the subtext of which is strong differences of opinion about how world cycling is governed now and how that might be better in the future.
A doping amnesty for cycling – a good idea that may never happen?
Martin Hardie
Lecturer in Law at Deakin University
beware businessmen promoting private leagues and dressed up as change cycling now. Only WADA can do it. Ive said this to Howman since 2008. Craig see you at VU in feb.
Gary Cassidy
Perhaps an anonymous type amnesty could work well? Not as exciting for the media and public but it would probably result in more athletes / former athletes coming forward which would lead to better learning outcomes.