The document gives full details of the WRU case against the Beddau RFC and Bonymaen RFC claims that they should be promoted to the Premier Division next season. A special resolution from both clubs will now be considered at an extraordinary general meeting (EGM) of the WRU on July the 1st.
WRU Chairman David Pickering said: “We felt it was vitally important that all the delegates at the July EGM are fully aware of all the relevant facts.
“A lot of emotion has been generated on this issue and it is vital for Welsh rugby that we all make proper and well informed judgements.
“The letter we have sent out is frank, honest and detailed and we advise all delegates who attend the egm to read it closely.
“All sides must be allowed to have their say and the letter is our attempt to avoid any confusion on this vital issue. It details the facts and goes into the background which has led us to where we are now.
“We have a duty to the players, supporters and administrators involved in Welsh rugby to stick to the facts and make the right decision on the day.”
Beddau and Bonymaen won the Divison One East and West championships but both clubs failed to achieve the agreed criteria standards for entry into the Premier Division.
* Please see below a copy of the letter from WRU Chairman David Pickering to all the WRU member club secretaries.
Dear Club Secretary
We are facing an Extraordinary General Meeting which will focus all our energies on the internal running of the game here in Wales.
Yet again, the eyes of the rugby world will be on a controversy which overshadows us at a time when the national squad is preparing for the Rugby World Cup and our Sevens team is breaking new barriers for success in important competitions.
Nevertheless, the right of any club to call an EGM is a constitutional one and we must deal with the issues with no less attention than other burning issues, such as that which we gave to preserving the Heineken Cup Competition. We all need to resolve this correctly so that the watching rugby world will know that the interests of our game are being well served.
For that reason the Welsh Rugby Union makes no apology for endeavouring to ensure everyone who speaks or votes at the forthcoming EGM is in possession of the full and correct facts and that is the purpose of this letter.
We are aware that Bonymaen RFC and Beddau RFC have circulated a letter to selected member clubs seeking their support. We feel it is only right that all member clubs should see this letter and a copy is enclosed.
Firstly, we identify the key issues and then provide you with the facts relevant to the key issues:
1. That we need Criteria for entry to the Premier Division and to remain there is freely acknowledged by Beddau and Bonymaen;
What they do not do is deal with the reason why, nor do they mention the other 3 sections of the Criteria, dwelling only on section 4 – minimum ground and facility criteria.
One of the main priorities for the Premiership is to ensure that the bridge between professional and semi professional rugby in Wales does not become insurmountable. When the Criteria were introduced in 2005 after some twelve months of open debate with the management committee of the Premier Division Clubs, the position could not have been made any clearer than in the introduction to the Criteria (page 474 of the WRU Handbook for 2005-2006):
“The Premiership Division is fundamental to the sustainability of the professional game in Wales. It has therefore a responsibility to provide a game which provides a bridge between our amateur game not only in playing standards but also in facilities, – in resources to enable the players at this level an opportunity to continue to improve and perform in the shop window for our professional game, to reduce the step up for these players and to provide our spectators with an appropriate level of accommodation for their enjoyment of the game”; and “Being a semi-professional rugby club is not about short term success on the playing field. It is about having a clear purpose, sound structures standards and procedures – it is about sustainability.”
On 25th May 2007 the WRU sent you a timeline giving the history of events. This is not repeated here, but I would urge you to consider it again before attending the EGM, because it demonstrates that neither Bonymaen nor Beddau have yet grasped the fundamentals of the Criteria. April 2005 was the time when ambitious clubs could and should have started spending on improvements.
Facilities and off-field administration have to be first class to attract more players, supporters and very importantly, commercial partners into the game.
We have to be professional, especially at the top of the game and in the new world of rugby, provide a product that sponsors are prepared to align their brand to.
In the summer of 2005 the WRU achieved a momentous sponsorship agreement when the Principality Building Society agreed to sponsor the Welsh Premiership for three years – the first time the major domestic league in Wales had been sponsored since 1996.
On the back of this sponsorship, the WRU was able to introduce prize money into the Premiership for the length of the sponsorship & linked to the value of the sponsorship:
This linked Premiership clubs directly to, and made them responsible for, the marketability of the Premiership as a total product and to the standard of the rugby experience produced by this Division.
It was hoped that this would incentivise Clubs in the Premier Division, leading to a better quality product which hopefully would continue to attract further sponsorship income, – this is a key point to grasp.
2. The Criteria have not changed since they were first introduced, yet even on the day the requisition for this EGM was made, neither Club had met the Criteria and one of them did not know what had to be done to meet the criteria;
There are four sections to the Criteria: Finance and Administration; Regulatory Compliance; Player Development Programme and Minimum Ground Facilities.
At a meeting with the Board of Directors of the WRU on 18th May 2007, John Hague, the Chairman of Bonymaen, said in answer to a question whether or not he believed in the Criteria:
“Yes, there must be standards as in anything. You must have standards in implementing the criteria as well.” and went on to add:”0.if you give us the opportunity we will get it into place as soon as the season starts. We are not asking you to play with the facilities we have got. We understand that to play in the Premier Division you have to meet the criteria.” He also stated that Bonymaen would need until 15th August 2007 to meet the Criteria for ground facilities.
Barrie Small, the Secretary of Beddau said: “We based everything on the League Rules which came out on 19th July 2006”. Those League Rules had no timetable and did not change the Criteria, so that if that was correct, then presumably Beddau thought that they would have until 31st May 2007 if they wanted to satisfy the Criteria BUT at the meeting on 18th May 2007, Barrie Small conceded that the necessary works for the ground facilities could not be completed before 31st July 2007 and so far as the other 3 sections were concerned, stated: “Whatever it is, we will supply it.” That comment is important. It shows that in May 2007 Mr Small was not fully aware of the criteria standard requirements which had been set and communicated in 2005.
Remember also that as at 31st January 2007, against a required 155 points needed for ground facilities, Bonymaen had done no work since their audit in March 2006 and so were likely to score the same, namely 85.5 and Beddau had only scored 97.
3. The timetable to meet the criteria were changed for very good reason;
In its first year, it was provided that “Any team requiring promotion from the National First Division to the Premiership must ensure that all criteria for entry are in place and satisfied before 31st May of the year in which they “qualify for promotion” from the National First Division”. Since this was the first year of Criteria, a relaxation was introduced as follows:-
“2. At 31st May 2006 all clubs in the Premiership which fail to meet the criteria will be individually assessed and any club which has made substantial progress but narrowly failed (and is not in the relegation area) will be given a further period to achieve the criteria as opposed to another club who has made little or no progress.
3. At May 31st 2006 all clubs in the Premiership which fail to satisfy the Premiership Criteria will be relegated, other than those identified in 2 above.” and
“4. In the event of 3 above, all clubs in the National First Division that can satisfy the Premiership Criteria at 31st May 2006 will be promoted to restore the division to the approved number of clubs, in order of final position.”
It was also provided that “Clubs that feel they may be in a position to challenge for promotion must submit an application to WRU by January 31st of that season. The WRU will then arrange for an audit and inspection to be undertaken within 2 weeks of the date of the application [i.e by 14th February].They will publish a report within 6 weeks of the application [i.e by 14th March at the latest] indicating that the necessary work to be carried out by May 31st. The club then has 2 weeks [i.e. by 28th March at the latest] to indicate whether they will/will not proceed with the necessary work to satisfy the Premiership Criteria. A further inspection will then take place during July to make a final determination in order that fixture lists for the following season can be prepared.”
Although Bonymaen gave an undertaking in April 2006 to carry out the necessary work, in breach of that undertaking they failed to do so. This created a totally unsatisfactory situation because the WRU acted in reliance on that undertaking and arranged a play-off only to find that Bonymaen reneged on their undertaking when they lost the play-off. What guarantees are we now being asked to accept?
In addition, it was felt that the deadline should be 31st January, which would tie in with the transfer of players deadline. This would provide an ability for clubs to provide certainty and stability for existing players and coaches and also attract new players.
It should be noted that the 2005-2006 deadline would require work to be carried out during the playing season, as does a 31st January deadline.
The revised timetable was issued on 29th September 2006. It required that those Division 1 clubs anticipating being in contention for promotion to the Premier Division at the end of the current season would need to submit a
formal written application to the WRU by 31st December 2006, requesting an assessment which the WRU would undertake to complete by 31st January 2007. It was made clear that the assessment would be based on a club’s facilities as at 31st January 2007 and would not take account of any planned future improvements to the club’s facilities.
4. Beddau and Bonymaen want to be promoted to the Premier Division even though neither club have met the Criteria which have been in place since April 2005 (either by the deadline of 31st January 2007 or by the deadline extrapolated from the previous season, namely 31st May 2007);
Bonymaen met sections 1 to 3 of the Criteria by 31st May 2006. They also met these sections in January 2007, subject to provision of satisfactory information as to how they would meet their planned capital expenditure (which had not been received by 31st January 2007, nor since). On section 4, they only achieved 85.5 points. Bonymaen had not implemented any further works and advised the WRU that they saw no point in having a fresh audit of ground facilities prior to 31st January 2007. Bonymaen did, however, seek the opportunity to discuss their plans for the future and this took place in a meeting on 11th January 2007, when they were told what was needed to update the previous year’s audit. While major improvements were planned which would meet the Criteria within 18 months, Bonymaen could not meet the deadline of 31st January 2007.
Following a meeting, on 22nd January 2007, John Hague wrote acknowledging this and stating:
“So in order to comply, we will have to put in place temporary facilities which we could put in place by September 2007, if we attain the Premiership league”
At the meeting on May 18th 2007, there were important and illuminating references from John Hague. In relation to the question of why Bonymaen did not honour the undertaking given in April 2006, he said: “We did not think that it was good practice, or sensible, to spend £80-90,000 with no guarantee of playing in the Premier Division.” He also agreed in answer to a question that at a previous meeting he had said he had decided not to raise any questions about the timetable for the fulfilment of the criteria or to undertake any work to fulfil the criteria since Bonymaen had lost the first two games of the season and did not think they would be in the Premiership.
In a later reply to another question he answered:”When we realised we were in with a shout, that is when we woke up.” He was asked when that moment came and replied;”At Christmas. People were not prepared to spend the money unless there was a guarantee that we were going up.”
It is clear, therefore, that on whatever date the revised timetable with a 31st January deadline was communicated, Bonymaen have not been disadvantaged and the same goes for Beddau. They simply do not agree with the rules and want to substitute their own timetable having realised that they were in with a real chance of promotion.
Beddau sought an indicative audit of its ground facilities on 5th December 2006. It did not and still has not submitted any documentation or information in relation to sections 1 to 3 of the Criteria. At the time of the indicative audit, Beddau scored 97 points and failed on 3 of the “given” [i.e. mandatory] Items.
At the meeting on 18th May 2007,
Barrie Small confirmed that Beddau did not have the necessary planning consent as at 29th September 2006 and asserted that no club could build “all of those extra facilities” during the playing season. So what Beddau want is to change not only the timetable notified in September 2006, but also that of April 2005!
Yet later in the same meeting there was some extremely illuminating responses from Barrie Small.
He was asked about the club’s plans for achieving the range of criteria standards which go beyond basic ground development standards and replied:”I need assistance to tell me what you want0..”
Later in the discussion David Pickering interjected and told him:”The issue for us is that you have committed to something and, while I admire your desire, you do not know what you have committed to.”
Mr Small answered:”Whatever it is, I will do it. It will be done, without a doubt. However, I do not want any last-minute glitches, so I need to know exactly what you need so that I can do it.”
So in May of 2007 the representative of Beddau RFC did not know the criteria standards required by the club which had been set and communicated in 2005.
5. Beddau and Bonymaen now want to change the rules after the game has been played and say that that is fair play!
Make no mistake what is being asked is that you should allow 2 clubs to change the rules after the game has been played. Other clubs in Division 1 met the criteria by 31st January 2007, namely Carmarthen Quins and Pontypool who had to achieve 155 points as against 150 the previous season and Newbridge and Narberth who had no criteria experience before and managed to achieve 155 points by 31st January 2007.
Even if the deadlines for the previous year were applied, neither Bonymaen nor Beddau have met the deadline of 31st May. They now want to extend them to the end of July in the case of Beddau and 15th August in the case of Bonymaen.
Their letter of 30th May 2007 to certain member clubs is simply wrong when it asserts:
“2005/2006 WRU handbook stated that clubs that did not meet the criteria by the end of the season 2005/06 would be given the opportunity to meet the criteria by September 2006 for the start of season 2006/07”
The true position set out in the handbook is as quoted under point 3 above.
Bonymaen and Beddau were only going to even begin to try to reach the criteria standards when it started to become clear they were in the promotion race and now want to change the rules. That is not good enough. That is not fair.
6. The “motion” proposed by Beddau and Bonymaen is technically incorrect, but more importantly, it is inaccurate in very important respects: the League rules issued on 19th July 2006 did not state that Beddau and Bonymaen “be given until 30th June 2007 to show substantial progress to achieving the required Premiership Entry Criteria and any extra time needed to complete all works before the 2007/08 season starts.”
It is incorrect because:
The League Rules issued on 19th July 2006 have been applied.
If the reason for seeking promotion is that the Clubs be given until 30th June 2007 to show substantial progress to achieving the required Premiership Entry Criteria and any extra time needed to complete all works before the 2007/08
season starts, that is not what the League Rules published on 19th July 2006 provide, nor is it what the Criteria published in April 2005 provide (see point 3 above). Bonymaen and Beddau ask you to amend the Rules after the season has finished to suit their own purposes.
No league rules were brought out by Steve Lewis on 29th September 2006. On that day he notified all Premier Division and First Division Clubs of the timetable which had been adopted by the WRU Board of Directors at their meeting on 27th July 2006. To set aside this timetable now obviously has ramifications for other member clubs in the Premier Division and First Division, who have adhered to the timetable.
The Welsh Rugby Union has accepted these inaccuracies and, in the interests of progressing this matter, has called the EGM. The WRU does not want to stall or delay this issue.
7. If the motion succeeds, since Beddau and Bonymaen do not want to change the League Rules in Force at July 2006:
(a) the number of Clubs in the Premier Division will have to stay at 14;
(b) 2 clubs will have to be relegated;
(c) since “the revised League Rules brought out on 29th September 2006” are to be set aside, there will undoubtedly be a legal challenge by whichever 2 clubs are relegated and a dispute between 3 clubs as to which 2 should be relegated.
8. Could the WRU have done anything else?
The WRU accept that it could have written to the Clubs with its revised timetable before 29th September 2006. However, for reasons set out above, this has no relevance. Further, there was no protest from either Bonymaen or Beddau. When the decision to split Division 1 into East and West and discuss the Criteria was debated at a Division 1 meeting on 28th November, Bonymaen was not even represented. Those who did attend that meeting were under no illusions – they were told there would be no extension to the deadline of 31st January. As Lynn West Chairman of Beddau put it at the meeting of 18th May 2007:
“One purpose of that meeting was to have that deadline explained. The explanation was clear and the WRU put forward a reasoned argument. Everybody knew where they stood, but very few people accepted that.”
and
“We knew that we had to move as quickly as we possibly could. Although we did not agree that 31 January was a sensible date, we felt that it was incumbent on us to do what we could to try to meet whatever criteria we could, as early as we could.”
In fact, all they did was ask for an indicative audit on 5th December 2006.
In their letter of 30th May 2007, the 2 clubs refer to Bedwas RFC remaining in the Premier Division despite failing to achieve the criteria. The inference is clearly that the WRU should have done something about this failing club, but has failed to act. The answer is that we have obeyed the rules as set out, agreed and unchallenged. It was agreed that a club could only be promoted if it had achieved the criteria and a failing club would only be demoted if a Division One champion club or clubs achieved the agreed standards to qualify for promotion. The League Rules clearly state that the Premier Division should comprise 14 clubs. Hence if neither winner of Division 1 achieves the Criteria, Bedwas stay up even if they failed the Criteria as at 31st January 2007. However, we have addressed the issue and on 21st May 2007, the Board of the WRU resolved to impose sanctions in circumstances such as these. These were notified to all Premier Division and Division 1 Clubs on 23rd May 2007.
Bonymaen and Beddau could easily have gone on to question why the WRU did not simply allow 16 clubs into the Premier Division. Firstly that is not what their resolution seeks: they seek to uphold the League Rules issued on 19th July 2006 – 14 Clubs. Secondly, a 14 club Premier Division creates a scale which can be properly funded and creates a tightknit core of competition within which standards are high. Remember we have not long reduced from 16 to 14 for good rugby reasons. The WRU wants to maintain and develop a Premier Division which is the true feeder route for talent to the top in Wales.
The letter of 30th May 2007 goes on to suggest that the WRU want to “ring fence” the Premier Division and stand against the concept of promotion. This is not the case. The criteria standards were agreed by the member clubs to ensure that all clubs achieving promotion from first divisions have facilities and systems which are appropriate for the modern semi-professional game. Let’s remember that one reason the criteria standards are in place is to ensure that the Premier Division remains, develops and thrives as a league which is able to produce the international players for the present and future. The Welsh Rugby Union is aware of the pressure for regional A team rugby which could so easily erode the Premier Division if it allows its standards both on and off the field to drop.
9. Are the criteria standards robust enough to remain unchallenged?
The Welsh Rugby Union has accepted that the criteria standards need to evolve and be reshaped to address the needs of the game and the developments which can help improve our game and its image. For that reason the WRU has set up a working party, involving representatives from the first divisions and possibly lower divisions, to evaluate the criteria and suggest changes or improvements.
That, we contend, is the correct and honourable way to improve a system which, we all agree, is for the good of the game and should help attract more players, supporters and administrators to join us.
We have all agreed the criteria system now in place and it is our duty to honour that agreement. But that should not stop us improving standards and the means to achieve those standards even further.
Yours sincerely,
David Pickering
Chairman, Welsh Rugby Union Limited
