INTERIM REPORT AND RECOMMENDATIONS OF THE SCOTTISH RUGBY UNION SECOND WORKING PARTY - ON GOVERNANCE
14 JUNE 2005


Introduction

This Working Party was established to make further recommendations on the Governance Structures of The Scottish Rugby Union following the adoption of the Report and Recommendations of Scottish Rugby Union Working Party - Governance 28th February 2005, chaired by Sheriff W Dunlop ("the Dunlop Report"). The Dunlop Report was adopted with amendments at the Special General Meeting of The Scottish Rugby Union on Sunday 10th April 2005.

The Dunlop Report made recommendations in respect of The Scottish Rugby Council and The Scottish Rugby Board but recognised that further consideration had to be given to the structure and procedures of other bodies within The Scottish Rugby Union.

At the Special General Meeting of 10th April 2005 an amendment was proposed by Glasgow Hawks, seconded by Lismore RFC and approved by the members of The Scottish Rugby Union "to establish a Working Party (ies) to examine the structure and processes of other bodies within the Union as recommended by the Governance Working Party and in particular to consider the role, remit and responsibility of the District Boards and the relationship with other parts of governance structure in order to report with recommendations at the 2005 Annual General Meeting" ("the Hawks Amendment").

In our discussions we also considered the requirements of the Business Plan 2005-2009 NEW VISION, NEW LEADERSHIP, NEW WINNING CULTURE which was adopted at the Special General Meeting of The Scottish Rugby Union on 30th January 2005 ("the Business Plan"). We would point out that the Business Plan mirrors the recommendations of sportscotland on the creation of regional structures with a clear emphasis on developing sports clubs. This approach also follows the principles of Sport21 the national strategy for sport in Scotland on the need for improved partnership working.

Following the approval of the Business Plan and the recommendations of sportscotland we recognise the accepted requirement to create, as soon as possible, a series of regions. In the initial period it is intended to create six regions to be sub-divided to a maximum of fourteen development areas in terms of the Business Plan. These regions will be served by up to fourteen Regional Development Managers to be appointed during the four year life span of the Business Plan. That number is open to review. We understand it is proposed to employ, in conjunction with sportscotland, the first six Regional Development Managers as quickly as possible. This process will result, of necessity, in the demise of the Districts and the District Boards as they have been constituted for a considerable number of years. We must record that there is concern as to how this transition from District Board to Regional Groups might be achieved without disruption of the existing goodwill of the numerous volunteers of Scottish Rugby. Further reference is made to this later.

The Working Party met first on 25th April 2005 to consider the above and related matters with a view to making a recommendation in time for discussion at the Annual General Meeting of the Scottish Rugby Union on 24th June 2005. The Working Party met subsequently on Monday 2nd, Monday 9th, Monday 16th, and Monday 30th May 2005. As with the Dunlop Report, time constraints have made it impossible to complete a full review of what is required. Further the Working Party is aware that there are Motions to be considered at the Annual General Meeting on 24th June 2005 which may have a bearing on our final recommendations. We have agreed that the Working Party requires direction from the Annual General Meeting to allow us to finalise our recommendations. This is explained further hereafter. We recommend that this Working Party meets one further time, as soon as possible following the Annual General Meeting, to finalise its recommendations particularly in respect of transition from District Board to Regional Groups.

As with the Dunlop Working Party we read and considered many communications from interested parties and had a similar full and vigorous debate. The recommendations are of the Working Party as a group.

It was agreed, at the first meeting, that it is imperative that the structures put in place, as a result of the Dunlop Report, and any structures to be created either as a result of that report or the report of this Working Party should be allowed to function properly, the lines of communication should be open and safeguarded and that the employees of the Scottish Rugby Union should know exactly what are their roles and responsibilities, to whom they report and to whom they are accountable. It is equally important that the stakeholders in Scottish Rugby have this information.

At the same time it is imperative that all the stakeholders in Scottish rugby are represented properly and have available to them the appropriate fora to allow them to make a positive contribution and to be consulted properly and fully.

These requirements mirror the aims of the Dunlop Report laid out on Page 2 of that report in respect of "Autonomy and Discretion", "Accountability", "Participation", "Responsiveness" and "Transparency".

From the outset the Working Party accepted that there should be recognition of two distinct and separate facets of Scottish Rugby. These are referred to in the Business Plan as the International Rugby Executive and the National Rugby Executive. We do not believe that these terms describe properly the two groupings.

We believe, given what has already been stated, that we can make recommendations on

1. The creation of a high performance/elite structure

2. The creation of a community structure

3. The responsibility for a disciplinary structure

4. The creation of a Competition Commission from which the current Championship Committee will remain separate

5. A structure to deal with the recruitment, training and administration of referees

As part of our recommendations we would refer to the graph, APPENDIX1of this paper ("the Graph")

1. THE CREATION OF A HIGH PERFORMANCE/ELITE STRUCTURE

We recommend the creation of high performance/elite structure which for the most part will be run by full time employees of the Scottish Rugby Union and which will deal with the following aspects:-

High Performance Coaching, National Teams, Professional Teams, National Sevens, National Age-grade Structures, Pathway, National Academy Programs, Premier One Clubs, Liaison with Scottish Institute of Sport together with sportscotland, Professional Referees, the Players Association, Exile Rugby through the relevant Academy and all other relevant partnerships including the Medical Community serving these groups.

All the relevant individuals, involved in this structure will be responsible directly to the Director of Rugby who, it has been accepted, will sit on the Scottish Rugby Board. We would refer again to the Dunlop Report under which the roles and responsibilities of the Scottish Rugby Council and Scottish Rugby Board have been accepted.

It was recognised that one of the difficulties encountered over recent years is a perceived lack of communication, lack of openness and a lack of accountability amongst the elite groups. With that in mind we would recommend that, to assist the above, there is created a Performance Advisory Forum to be chaired by the Director of Rugby. This particular recommendation is made on the basis that it is accepted that this forum will have no executive/decision making responsibility but rather its role and responsibility will be as a discussion/review group to:

Test new initiatives

Exchange ideas

Share information between the various interests on the forum

We recommend that this forum meets bi-monthly initially with a move to quarterly thereafter and will comprise a core group of representatives from:-

(1) The National Team Management,

(2) The Professional Team Management

(3) Premier One

(4) The Scottish Institute of Sport

(5) Exile Rugby through the relevant Academy;

together with such other representatives of the high performance/elite structure as may be deemed necessary by the Director of Rugby from time to time.

2. THE CREATION OF A COMMUNITY STRUCTURE

We recommend that this structure should encompass all other aspects of rugby, in particular the community game, the development thereof, club rugby and all community involvement in the game. This structure will be headed by the Head of Community Rugby (a new post which is being advertised at this time) who will be responsible directly to the Director of Rugby.

The Business Plan requires there to be a professional core to community rugby as shown on the Graph. Key to achieving the aims of the Business Plan will be the Regional Development Managers who will be responsible for creating an infrastructure within the relevant region. The relevant Regional Development Manager will have to ensure that the existing goodwill is maintained and that the volunteer groups, which are integral to the running of rugby in Scotland now and in the future, are extended. Equally important to this process will be the Club Development Managers.

We re-iterate the importance of allowing employees of the Scottish Rugby Union to carry out their duties within a structured line management and ensuring that it is transparent to whom they are answerable and what will be their level of accountability. It is, however, equally important that the stakeholders in Scottish rugby can be reassured that they have a voice. We recommend, therefore, the creation of a Community Forum, with the representatives being appointed by the Scottish Rugby Council as soon as possible following on this Working Party's final recommendations. We emphasise that this will be a discussion, advisory and review body without executive/decision making responsibly but chaired by the Head of Community Rugby who will be answerable to the Director of Rugby and, therefore, to the Scottish Rugby Board. The role and responsibility of the Community Forum will be to:

Test new initiatives

Exchange ideas

Share information between various interests on the forum.

We recommend that this forum meets bi-monthly initially with a move to quarterly thereafter and comprises of representatives from the following groups:-

Premier League, National League, District Representatives, Womens' Rugby, Schools' Rugby, the Medical grouping serving Community Rugby, Local Authorities (to be appointed from combined sport/education), sportscotland Community Youth Rugby and Universities' Rugby. We recognise the unique role of London Scottish as a full member of the Scottish Rugby Union. We recommend that that club be represented on this forum.

We recommend that the first six Regional Development Managers be appointed as soon as possible and that the transition from District Boards to the regions be achieved within a nine month period from now.

We recommend that, in the transitional period, the Regional Development Managers in consultation, where appropriate, with the District Boards, chaired by the District Representative be charged with the responsibility of co-ordinating and ensuring a smooth transition to the new organisations.

In this respect we recommend, following resolution of the Motions which will be considered at the Annual General Meeting, the creation of a formal structure below the Regional Development Managers. This would be a Regional Development Group for each Region, chaired by a Regional Development Manager. It is envisaged that the Regional Development Groups will undertake many of the duties undertaken formally by the District Boards. The roles and responsibility of the Regional Development Groups will be to drive the regional and club development plans, to provide a structure which enables all groups within the Scottish Rugby Community to work together and to create partnerships with other agencies towards common goals.

We would explain that given the amendments to the Bye-Laws of the Constitution of the Scottish Rugby Union which might be necessary as a result of the Motions before the Annual General Meeting on 24th June 2005, we require guidance from that Annual General Meeting on two points:-

(1) The appropriate representation for those clubs referred to in paragraph (Secondly) in the amendment of Motion 2.7 proposed by Boroughmuir Rugby Football Club, seconded by Dundee High School FP Rugby Football Club at the Special General Meeting of the Scottish Rugby Union on Sunday 10th April 2005 and passed by that meeting ("the Boroughmuir Amendment").

(2) The composition of geographical representation if that concept is accepted at the Annual General Meeting. We would point out that the Boroughmuir Amendment grants regional representation to only one group of clubs (as referred to in (1) above) which group, if there is to be regional representation for all clubs, may be disenfranchised or at least disadvantaged under the present proposals.

We would explain that the Working Party has been unable to reach agreement as to how to reconcile the requirement for the clubs referred to in the Boroughmuir Amendment to be properly represented with the perceived wish for some form of regional representation for all clubs.

It is noted that as part of the transition arrangements a Special General Meeting of the Scottish Rugby Union will have to consider the relevant amendments to the Bye-Laws required as a result of the proposed change to come into effect following on the Annual General Meeting of June 2006.

3. THE RESPONSIBILITY FOR A DISCIPLINARY STRUCTURE

We recommend that there is created a completely independent disciplinary structure appointed by the Scottish Rugby Board but provided with a secretariat from the Scottish Rugby Union, probably, as now, through the Referee Manager. The Scottish Rugby Board will have to consider whether to continue the existing system whereby there is a Disciplinary Panel and a Disciplinary Appeals Panel. These appear to function effectively at the moment but should be run as an independent Body which will be answerable to the Scottish Rugby Board.

4. COMPETITION COMMISSION AND CHAMPIONSHIP COMMITTEE

The Business Plan recommends the creation of a Competitions Commission to:-

(1) Co-ordinate the operation of all competitions.

(2) Administer all competition rules and regulations

(3) Review the current prohibition of fixtures on international Saturdays

We agree with that recommendation. The Competitions Commission should provide a central service for clubs and would be responsible for collating and updating fixtures and results of competitive leagues/cups played throughout Scotland. The intention from the Business Plan is that these fixtures and results would be available on the Scottish Rugby Union web-site.

The Competitions Commission would give the benefit of having the rules and regulations of each league held centrally.

It would also have the benefit of being able to monitor player registration and player eligibility.

As with all the items covered in our report we cannot over-emphasise the reliance on the volunteer sector.

We recommend that the Championship Committee should run on similar lines to those upon which it runs currently. We understand that the Championship Committee is in place for season 2005/2006. Once the question of regional representation is resolved, the Scottish Rugby Board should consider further the composition of the Championship Committee for future years.

5. A STRUCTURE TO DEAL WITH RECRUITMENT, TRAINING AND ADMINISTRATION OF REFEREES

We recommend as shown on the Graph, that the overall responsibility for all refereeing matters should lie with the Director of Rugby who will wish to devolve responsibility in a manner which he will have to consider probably through the existing Referee Manager. We are aware, however, that a Referee Working Party is considering all aspects of Refereeing at this time. Any recommendation from the Second Working Party on Governance must await the report of the existing group. For example the roles of the District Societies will have to be resolved.

We commend these recommendations to you as a means to implement the requirements of the Dunlop Report and the Business Plan.



R. W. Flockhart, Chairman, (ind.)
For and on behalf of

A McCulloch (North District Representative), G W Jack (Edinburgh District Representative), G T Kerr (District Administrator), A J Forsyth (Scottish Borders District Board and Earlston Rugby Football Club), W M McMurtrie (Premier League and former District Administrator), F C H McLeod (Interim Chief Executive), K Hamilton (Premier League), M G Keane (National League and Championship Committee), G B Clark (Premier League), J R Dixon (Acting Director of Rugby), J Thorburn (Manager of Domestic Game), S R P Lineen (Glasgow Rugby Coach), N Rennie (sportscotland), M D F Duncan (ind)

This article was posted on 15-Jun-2005, 17:28 by Hugh Barrow.