THE SCOTSMAN REPORTS

Scottish pro rugby on the brink of collapse
DAVID FERGUSON
CHIEF RUGBY WRITER
PROFESSIONAL rugby in Scotland is walking a tightrope after the Scottish Rugby Union revealed that Edinburgh are no longer allowed to play any matches and doubt was cast on the availability of the club's leading players for the forthcoming Rugby World Cup.

This is the latest, but most serious development in a bitter dispute between Edinburgh owner Bob Carruthers and Gordon McKie, chief executive of the SRU, which now threatens to reduce Scotland's professional teams, which stood at four in 1998, to just one in Glasgow, and drag the governing body into a court battle.

The SRU revealed yesterday morning that Edinburgh Rugby Limited had withdrawn as associate members of the union in a letter received from Carruthers last Friday. This, the union said, immediately cast them adrift from world rugby, and left their players uninsured to train, never mind play the game.

"As a result of Edinburgh Rugby's withdrawal from membership, and under IRB Regulations, no club or team that is a member of any Rugby Union and in membership of the IRB, is now permitted to play against Edinburgh Rugby," read the statement. "Furthermore, as the club is no longer an associate member of the SRU, it is not entitled to be a member of the SRU Club Accident Insurance Scheme, which is only open to member clubs. Therefore, Edinburgh Rugby's contracted players are no longer insured by the governing body scheme for the purposes of training or playing."

That last sentence appears to suggest that internationals at Edinburgh - Chris Paterson, Marcus Di Rollo, Scott Murray and Mike Blair are among 12 in the Scotland squad - may not have insurance to play in the World Cup. The SRU did not respond when this question was asked last night.

Carruthers, who has taken overall control of his team's affairs following the resignations of his brother Alex as executive chairman and Graeme Stirling as managing director, insisted yesterday that his action was not intended to withdraw the team from all competition and that Edinburgh remains affiliated to the union and so able to play.

His argument hinges on the claims that he did not take up associate member status until "on or around 15 September" last year after having played pre-season friendlies and at least two Magners League games, and only did so out of "goodwill" and not because he felt it was necessary.

After lengthy consultation with his legal team yesterday, Carruthers issued a statement in response to the SRU which read: "It is not a condition of Edinburgh Rugby Limited's agreement with SRU plc that ERL is a member of SRU.

"ERL played a number of games, including Magners League games last year, as a professional team affiliated to SRU prior to voluntarily becoming an associate member of SRU at the invitation of Graham Ireland, secretary of the SRU.

"ERL have now cancelled that membership and reverted to the original status of a professional rugby team playing under the auspices of the SRU. IRB rules do not require professional teams to be associate members of SRU. IRB regulations make it clear that the game is open to all and that unions must approach its regulations in good faith.

"ERL is a professional team operating under the auspices of the SRU and contractually operates in association with SRU.

"ERL is affiliated to SRU by virtue of being a professional team playing under the auspices of SRU, and by virtue of the various commercial agreements between them and SRU plc. Any attempt by SRU or SRU plc to prevent ERL playing games will constitute a breach of contract by SRU plc and/or SRU the mutual association of clubs, [and] will be dealt with in the Court of Session."

The International Rugby Board, the sport's global governing body, refuses to get involved, insisting that what represents "affiliation" is an issue to be determine by individual unions.

The SRU's own regulations do not immediately clarify the situation, as the relevant bye-law 2.5 says the SRU has a duty to assist "full members or associate members" as well as "entities which are indirectly affiliated to the union [and] professional teams operating under the auspices of the union."

So, essentially, the dispute that is tearing Scottish rugby apart is being brought to a head by the definition of the words affiliation" and "auspices". The SRU has decided Edinburgh no longer operate under its auspices, which Edinburgh dispute.

On why he felt the need to pour more fuel on the fire by terminating his club's membership of the SRU, Carruthers added: "It was simply because we are clearly in the midst of a major commercial dispute with the SRU which will now take some sorting through the law courts over the new few months if not years, so we decided to step back to the arrangement we had with them when we took over last summer and had no membership ties to them.

"Really, this has been done, I believe, to continue the interference with our business and intimidate us. We have made it clear that we won't be intimidated."

Neither McKie nor a spokesman for the SRU would comment further on the SRU's morning statement last night, but it is fair to assume the feeling is mutual.

Meanwhile, the rest of Scottish rugby grimaces, players strive harder to find escape routes and supporters and sponsors prepare for a new season once again considering whether the oval-ball game is worthy of their support at all.

This article was posted on 10-Jul-2007, 07:07 by Hugh Barrow.