Dame Anne Rafferty is a former Court of Appeal judge.
Sport Resolutions UK nominated a Chair and this was endorsed by the Commissioning Advisory Group, comprised of Sport Wales and the WRU. A third independent member is to join this Group.
The Chair has finalised the Terms of Reference for the Review. Which are below.
This will then be followed by the appointment of additional panel members with suitable skills and experience to the Independent Review Panel, to be appointed next week.
Further information and availability of interview with Dame Anne and the panel will be announced, as and when it is available.
Further information:
The Rt Hon Dame Anne Rafferty DBE PC was called to the Bar in 1973 by Gray’s Inn and took Silk in 1990. She became a Recorder in 1991 and in 1995 was the first woman to chair the Criminal Bar Association. After becoming a Deputy High Court Judge in 1996, in 2000 she was appointed a High Court Judge, sitting in the Queen’s Bench Division. In 2011, Dame Anne was appointed a Lord Justice of Appeal and Privy Counsellor. She retired from the Bench in July 2020. In March 2021 Highgate School’s Governing Body invited her to lead an independent review into alleged sexual abuse and harassment, which she completed in January 2022. In July 2022 Dame Anne was appointed by the Secretary of State for Defence to conduct individual fatality investigations assigned to her from time to time, with her agreement, by the Ministry of Defence.
Terms of Reference of the Welsh Rugby Union Independent Review
1. Introduction
In January 2023, a BBC Wales Investigates programme raised questions of sexism, misogyny, homophobia, and racism within the Welsh Rugby Union (‘WRU’).
In view of the seriousness of the allegations and the wider public interest in the culture and integrity of the organisation, the WRU determined an independent review essential. The review will investigate the allegations relating to the culture to understand what if anything should change within the WRU to ensure the organisation is inclusive, open to change and reflects the values of today. The WRU intends to publish the report’s findings and any recommendations in full.
Sport Wales has advised the WRU on the appointment of an independent body to lead the review. The WRU has commissioned the Independent Review (the “Review”) through Sport Resolutions on the advice of Sport Wales. Sport Resolutions is a UK based independent, not for profit sport-specialist provider of dispute resolutions and investigation services.
Sport Resolutions will appoint an independent review panel and will administer the Review.
A Commissioning Advisory Group will be established to support the Review, comprising a representative from the WRU and Sport Wales, with a third independent member nominated by Sport Resolutions.
The WRU has previously commissioned a review of the women’s game in Wales (2021), a governance report (2022) and a review of equality standards (2022). These reports will be provided to the Independent Review Panel.
2. Role of the Independent Review
The role of the Independent Review Panel is to investigate the allegations of sexism, misogyny, homophobia and racism and to understand how the WRU can be open to change so as to ensure that the highest standards are identified and upheld.
3. Roles and Responsibilities
Independent Review Panel (‘The Panel’)
The Panel will be chaired by the Rt Hon Dame Anne Rafferty DBE PC, selected for her qualifications, expertise, and independence.
The Chair will ensure the Review operates to the agreed Terms of Reference and will produce for the Commissioning Body a final report outlining findings and recommendations. The Chair will also report progress to the WRU and the Commissioning Advisory Group on a monthly basis.
Other members of the Panel are to be nominated by Sport Resolutions and confirmed and appointed by the Chair based upon their relevant qualifications and expertise. Where it deems appropriate, the Panel might occasionally co-opt on to the panel or commission expert advice or assistance.
The Panel will be entitled to determine its own procedure.
Commissioning Body
The WRU is the Commissioning Body and will fully co-operate with the Independent Review, providing all information and access required by the Panel. The WRU will implement all recommendations from the report.
Commissioning Advisory Group
The Commissioning Advisory Group is comprised of representatives from the WRU, Sport Wales and a third independent member nominated by Sport Resolutions. The Group has advised on the make-up and remit of the Independent Review Panel and has an ongoing role to monitor progress and consider the Terms of Reference in response to emerging findings of the Panel.
4. Scope
The Review will report on the organisational culture and behaviour within the WRU.
The Review will consider the period from 2017 to the present day but emerging evidence might prompt the Chair to adapt the timeframe.
The terms of reference of the Review are:
· The culture within the WRU
· The actions and behaviour of leadership [at all levels] within the WRU
· The extent to which employees feel able to voice concerns or to challenge inappropriate and discriminatory language and behaviour
· The effectiveness of the WRU’s Whistleblowing Policy and Procedures
· WRU’s actions in response to individual complaints set out in the BBC Wales Investigates programme of 23 January 2023.
The Review will consider the recommendations and findings from previous reviews to the extent that they inform the investigation but will not duplicate work previously done.
5. Review Process
The Independent Review Panel will gather evidence in relation to culture and behaviour within the WRU. It expects to conduct interviews, collate written submissions, and gather other relevant evidence.
6. Timing
The independent review will commence on 13 February 2023.
7. Findings and Recommendations
The Panel will provide a detailed report on its findings and any recommendations to the WRU. The WRU is committed to publishing in full the findings and recommendations.
8. Costs
The cost of this investigation shall be met by the WRU.
9. Means of Communication with the Panel
The WRU wishes to encourage all individuals who wish to contribute to engage with the Review. A dedicated email address of wru@sportresolutions.com will give direct access to the Sport Resolutions administrative team.
