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Edinburgh Rugby Limited Press Statement 9/7/07
EDINBURGH RUGBY LIMITED PRESS STATEMENT 9/7/07
Edinburgh Rugby Ltd makes the following statement in respect of a statement by SRU - a mutual association of rugby clubs, made earlier today.
SRU MEMBERSHIP
Edinburgh Rugby Limited Confirms that it has withdrawn as an associate Member of SRU.
SRU invited Edinburgh Rugby Ltd to join the mutual association on 28th August 2006. ERL accepted the offer to join and became a member on or around September 15th 2006.
On July 7th 2006 ERL concluded an agreement with SRU PLC, then a subsidiary of the mutual association known as the Scottish Rugby Union. It is not a condition of ERL'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 Scottish Rugby Union.
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.
In terms of SRU BYE-LAW 2.5 SRU has as one of its objects a duty:
"2.5. to assist clubs which are Full Members or Associate Members, entities which are indirectly affiliated to the Union, professional teams operating under the auspices of the Union, referees societies, womens rugby and schools or other educational establishments in furtherance of the Objects of the Union."
ERL is indirectly affiliated to SRU by virtue of playing its home games at Murrayfield Stadium, the home of SRU. ERL continues as a professional team operating under the auspices of SRU and having their home ground in the territorial jurisdiction of the SRU.
ERL is also contractually affiliated to SRU PLC.
SRU bye-laws do not make specific provisions relating to professional teams, and have not been updated to reflect the independent status of ERL. ERL are not in breach of any SRU or IRB bye-laws.
IRB BYE-LAWS - GAMES AGAINST OTHER TEAMS
IRB Regulation 16.2.1 provides:
"16.2.1 A Rugby Body or Club shall not play a Match or Matches against any Rugby Body or Club or other team(s) that are not affiliated (temporarily or otherwise) to a Union or against teams that contain
players that are not members of a Union without the prior written consent of the CEO."
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, will be dealt with in the Court of Session.
PLAYER INSURANCE
ERL maintains separate insurance which fully covers its players. There has been no lapse in cover of Edinburgh Players. SRU has stopped funding the SRU Club Accident Insurance Scheme, but that cover continues to be provided by AON, and is being funded by ERL.
CURRENT DISPUTE BETWEEN ERL AND SRU
There has been a great deal of press speculation regarding the ongoing dispute between ERL and SRU. Confidentiality provisions within the agreement prevent ERL from fully setting out their position in public.
It is sufficient to say that ERL consider SRU to be in breach of their obligations and that proceedings are being drafted.
THE WAY FORWARD
ERL have repeatedly offered to go to mediation with SRU. SRU have now formally rejected that proposal, and accordingly, court proceedings are being prepared. ERL deeply regrets that an accommodation has not been reached with SRU, and is very concerned that SRU does not wish to mediate, and would rather spend its limited resources litigating with ERL.
ERL will continue to run Edinburgh Rugby and fully intends to fulfil all of its playing and contractual commitments.
So far as ERL is concerned, it's business as usual.
