Islj 2009 3-4 - TMC Asser Instituut

The RFL may declare that a player who does not comply with the
rule’s requirements is nonetheless “federation trained” or “club
trained” provided the player demonstrates that he ‘satisfies the spirit of
the definition’. 16 Failure to comply with the “club trained rule” is an act
of misconduct. 17 Penalties imposed against a club for an infringement
of the rule include: a fine; the deduction of competition points; or the
requirement that a club play its games behind closed doors (amongst
others). 18
Background
Before examining the legality of the rule under Article 81 (EC) it is
pertinent to consider the context in which the sport was played
immediately prior to the rule’s introduction. The information summarised
below is extrapolated from interviews conducted with industry
stakeholders during 2007. 19
1. The Principal Pathway Into Employment in the Super League
Competition
In 2007 the principal pathway for a player into a full time professional
career at a Super League club was through participation in rugby
league at school or an amateur club. The RFL - then as now - divides
the United Kingdom geographically into service areas which are based
on metropolitan council boundaries. Talented junior players are selected
from amateur clubs to play “service area” rugby. The service area
competitions are divided into age levels (for example, under-15, under-
14, and so on). Players who participate in service area competitions are
also likely to attend regional and national rugby league training camps.
A scholarship scheme runs in conjunction with the various service
area, amateur and school competitions. Pursuant to the scheme a professional
rugby league club provides an annual scholarship to a player
aged seventeen years or under. The player receives advice on nutrition
and fitness and is permitted to train with the professional club. The
RFL Scholarship Scheme Rules regulate the scheme. 20
At seventeen years of age a player is eligible for employment in a
Super League club academy team and from the academy may obtain
a contract as a full time professional player in the first team of a Super
League club. Those players who do not obtain employment in a first
team may seek employment as a part time professional player in the
competition divisions below Super League or leave the industry altogether.
21
Rugby League Club and any other Rugby
League Football club or other body which
may be invited to join the RFL from time
to time’: RFL Operational Rules 2009,
1(k).
15 RFL Operational Rules 2009, B1:11B(c).
16 RFL Operational Rules 2009, B1:15.
17 RFL Operational Rules 2009, D1:10(r).
18 RFL Operational Rules 2009, D1:12.
19 Those stakeholders interviewed included:
Super League clubs, Championship
clubs (the competition division below
Super League), professional rugby league
players, the RFL, the Rugby League
Players’ Association, professional coaches,
and sports agents.
20 RFL Operational Rules 2009, E9.
21 There are two competition divisions
below Super League: the Championship;
and Championship 1.
22 Personal interview with Super League
Club D (February 2007).
23 Personal interview with Championship
Club A (November 2007).
24 Personal interview with Super League
Club F (May 2007).
2. Factors That Influenced Recruitment Decisions
In 2007 professional players were typically recruited to a Super League
club’s first team from: the club’s academy; other Super League clubs;
the Australian NRL clubs; and Championship clubs. Factors that
influenced a club’s decision to recruit a player were: the player’s skills;
the player’s contract costs; the salary cap; a player’s personal attributes
and character; whether the player fitted within the team dynamic; the
player’s potential off-field contribution to the club; the player’s experience
and/or age; the player’s public profile, and the player’s potential
to add-value to the club’s brand and generate income for the club’s
sports business. The effect of a player’s recruitment for the development
of the Great Britain international representative team was not a
consideration for a majority of the British clubs.
Nationality was a factor in the recruitment decisions of the French
club, Catalans Dragons. A goal of the club was to develop French
rugby league and the calibre of French professional rugby league players.
Of 28 players employed at the time of interview in 2007, twenty
players were French and eight players were from Australia and New
Zealand.
The majority of British clubs interviewed preferred to recruit players
residing locally rather than foreign players. However, information
extrapolated from interviews suggested that a shortage of skilled professional
players existed in the northern hemisphere. As one club sta -
ted:
‘…the policy we have is to recruit the best players available to ensure
we have the best possible team from whatever origin that is.…As an
individual club we would rather recruit English players than overseas
players but the quality isn’t always there in the English players that it
is in the overseas players, particularly in the Australian players’. 22
The majority of British clubs interviewed commented that it was not
cost effective to recruit a foreign player when compared to the cost of
investment in an academy or junior player development. One club
stated that it was cost effective in the short term. The cost of recruiting
a foreign player was described as including: the player’s salary;
transport costs to and from the United Kingdom; accommodation
costs; and the costs associated with providing a car. In some cases, it
also included the costs of relocating the player’s family. The cost of
developing a player in the academy was described as the player’s salary
plus the money invested in junior player development. Over time the
cost of developing a junior player was cheaper than recruiting a foreign
player. The recruitment of a foreign player was described by
some British clubs as a “short term” or “easy option” when compared
to the time taken to develop a junior player.
3. Factors That Influenced Club Demand For Foreign Players
In 2007 the factors that influenced Super League club demand for
foreign players were: the threat of relegation from the competition;
the means of entry for a club into the competition; a shortage of
skilled local players; and the financial benefit accruing to a club from
the employment of a foreign player (particularly a high profile player).
One club described increasing its recruitment of foreign players
during the playing season in order to avoid relegation. Those clubs
interviewed that entered the competition by way of promotion from
the division below Super League commented that the recruitment of
foreign players increased following promotion. The point in time at
which promotion was confirmed; and the non-availability of skilled
players in the local labour market contributed to an increased demand
for foreign players. According to one club:
‘There aren’t very many players around once you get promoted and you
look where you can. Most of the quality English players are all signed
because generally people would prefer to sign English players rather than
overseas players so then you look overseas where there are a lot more players
in Australia and New Zealand, particularly in Australia where there
are a lot more people playing the game there than what there are here.’ 23
London Broncos (now Harlequins RL) entered the Super League
competition in 1995 and Catalans Dragons was admitted by agreement
of the existing Super League clubs in 2006. Both clubs were provided
with an exemption from the “overseas quota rule” which
enabled the clubs to recruit an increased number of foreign players.
The exemption was provided owing to a shortage of skilled players in
the local labour market.
Finally, one club reported that recruitment of a high profile foreign
player had positive financial effects for a club’s sports business:
‘You know when [name omitted for reasons of confidentiality] came
over to play for us, did it have an uplifting factor on all of the squad here?
Absolutely. The whole borough wide community. Shop sales, lottery sales,
everything benefited….’ 24
4. Foreign Players in the Super League Competition
According to those industry participants interviewed, foreign players
benefited the competition, clubs and consumers in a number of ways.
First, foreign players brought to the Super League competition: new
playing skills; experience of development, training and playing meth-
A RT I C L E S
2009/3-4 39