Sport : Rugby Union

McCafferty proposes change

2nd July 2012, 09:58pm

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McCafferty: Wants more independence

McCafferty: Wants more independence

Premiership Rugby chief executive Mark McCafferty has proposed replacing the Rugby Football Union with an independent panel to make the final decision on promotion into the top flight.

The RFU board rubber-stamped the recommendation - made by the Professional Game Board, upon which Twickenham is represented - that London Welsh should be barred from entering the Premiership.

An independent audit had found that London Welsh failed to meet the minimum standards criteria laid down by the PGB, chiefly primacy of tenure at Oxford United's Kassam Stadium.

But London Welsh overturned that decision last Friday after successfully arguing to an appeal panel that the regulation, as it was being applied, breached European competition law.

The checks and balances to ensure the regulations are watertight should have been provided first by the full PGB, who draft the criteria, and then separately by the RFU board.

Neither body identified the hole in the minimum standards criteria that London Welsh exploited.

Newcastle, who have now been relegated, are still considering whether to take legal action. The Falcons believe they had a right to rely on the rules and regulations that were in place.

The PGB must now re-draft the primacy of tenure regulation to ensure it complies with European law and there will be a review of the whole process.

McCafferty wants to introduce more independence.

"That is one of the things I have said I want to look at in the process," McCafferty said.

"The criteria are drafted and approved by the PGB. If there are any issues within that to address it is the responsibility of the PGB to do that.

"The issue of whether or not a club is promoted, and the basis on which that happens, is a decision for the RFU board. That is the check and balance.

"There are ways to look at that in the future.

"There is a range of possibilities. One possibility is that decision (over promotion) goes straight to an independent panel each year.

"Clearly to the extent the RFU is involved in the criteria, it might be conflicted when it comes to making a decision.

"There is the risk that they are involved in the criteria and they are involved in judging on it. Is it as independent as it needs to be?

"You have also got the case the Championship competition (which London Welsh won) is an RFU competition. Naturally there will be concerns over conflicts.

"What we learned from last week is that we need independence in the process."

McCafferty's proposal would also take the PGB out of any process once the criteria have been drafted.

"It might be better to make that an independent decision, within a framework, each year," he said.

McCafferty insists the appeal panel's verdict has not "blown a hole" in their minimum standards criteria, which he describes as vital for the commercial and sporting success of the Premiership.

The full judgement from the appeal panel has not yet been published but it is expected to contain support for the primacy of tenure principal.

London Welsh were successful because they argued there was no justification for not extending the exemption rule, which currently allows Wasps, London Irish and Saracens to co-habit with football clubs.

The primacy of tenure rule will now be redrawn as part of the minimum standards criteria review process.

"The criteria contain all the provisions for player welfare and ground safety. All those areas are crucial to professional sport," McCafferty said.

"We have a lot of work to do to reformulate the primacy of tenure requirements within the criteria.

"The panel clearly states it is desirable to have primacy of tenure and the objective to do that is a legitimate one.

"If you grant any exemptions, they need to be justified and need to be regularly assessed and confirmed.

"In this instance the panel concluded the approach that had been adopted couldn't be justified and therefore didn't comply with European law."

Premiership Rugby have already proposed an increase in the number of primacy of tenure exemptions to five for the 2013-14 season having gauged the growing strength of clubs in the Championship.

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