Aristotle Armstrong

Aristotle Armstrong
The thrawn, alternative voice of Scottish Rugby

Wednesday, 14 March 2018

Monday's Meeting Fairly Got Folk Talking

MONDAY night's Dundee HSFP/Midlands District meeting at Howe of Fife certainly stirred things up in the Super 6 debate. I was snowed under yesterday with comments, all of which were very interesting.

 Gerry Tosh of Dundee HSFP, whose club were the drivers of Monday's meeting

Can I say from the start, IF, as Mark Dodson insists: Super 6 will happen, and IF, as the SRU seem keen not to admit, part of the reasoning is to have “District” teams, without going back to Districts (Dodson has said he wants the Super 6 clubs to take the lead in driving-up standards in their Districts), then the SRU should be funding and fully-managing these “District” teams.

Otherwise, he is asking clubs to take on a huge financial commitment and risk, for not a lot. But, assuming it goes ahead, then I see nothing wrong with a side based in Dundee, as a magnet for ambitious players in that part of Scotland.

But, this is Scotland, the land of the clan wars, I can only speak for my own part – Ayrshire, where: “Anywhere But Ayr” is advice still given to young players seeking to move up the rugby ladder. I assume that also happens elsewhere. Declaring six clubs to be better than the rest is a recipe for simmering discontent in the body of the kirk, which might, at any time, cause grief for the Murrayfield “suits”.

One btl (somebody asked – it means “below the line” - comment by a reader below the text being read) comment yesterday pretty-much nailed it for me:

“One of the things that strikes me is that this is a large scale change project with many elements. You referenced this in your Brexit piece.

“So where is the change plan? What are the success criteria? What is the contingency?

“It’s the working across the multiple features that concerns me.
* create a new tier of “part time “ rugby in Scotland
* reshape the rest of the men’s club game
* build sustainable clubs
* increase playing numbers, volunteers, referees

“All through telling the clubs how it will happen and how fantastic the future is going to be.

“On top of that what change leadership do the people tasked with delivering this project have?

“Without getting too melodramatic it feels like they are fighting on multiple fronts with stakeholders that have very different needs, requirements and goals.

“Effective change leaders would be pointing this out and have plans in place to manage these undoubted dependencies and conflicts. Not just bashing on with great hope and promise.

“What can possibly go wrong?”


As I have said before, the plans appear half-arsed, and Dodson doing his Jean-Luc Picard impression and telling the troops to: “make it so”, isn't going to work in the real world.

Is this who Mr Dodson sees in his shaving mirror as he ponder Super 6?

There is even arguments as to whether or not he can pull it off , as another reader asked – back to comments:

“The governance issue around (a bye-law to act) is intriguing. I'm sure the Executive has the power to form a new entity such as a semi,part time, non professional well a wee bit professional or whatever they try to describe it as league but they do not have the power to force the reserve teams into the league's below.

“On to the legal aspects and Clubs better have the best lawyers prepared to read the small print as they could fine themselves with rather frightening levels of debt around their necks and those of their members.

“Synthetic pitches? Unless I had a watertight legal agreement from SRU I don't believe they will be built. Lots more to add but hopefully more people will come on board with their comments and views.”

Another reader immediately jumped in with this:

“Sadly they do have the power. Bye-law 15.1 and 15.1.2 specifically gives the Board the power to do so

“15.1 The Union may perform the following matters acting directly or through Scottish Rugby Union plc, namely:-

“15.1.1. The achievement of the objects of the Union.

“15.1.2 The management of the whole affairs of the Union and/or of the game of rugby football.

“15.1.3 The exercise of any power granted to the Union in terms of the Bye-Laws.

So, it would appear from this, the Executive pretty much have carte blanche to do as they will, except, another readers came-up with this:

“The fact is that the precedents have been set. In recent years any changes to the league structure whether proposed by the Board or the Clubs has been by formal motions proposed for approval at the AGM I think any lawyer would find that difficult to argue with. Oh the joys of the vaguerisms of the law. !!!”

I thought I'd pitch this into the argument

 

One of the points which has exercised many minds around Scotland is the smallish issue of the six clubs being willing/able to lay down synthetic pitches by the end of the initial five-year franchise period. Another reader of the blog posted this interesting view:

Just a wee reminder of a comment in The Scotsman from Jan 2018:

Rudy Dentler - 2 months ago
“Having done some work with SportScotland I can promise you that they will not be able to provide significant funding towards these pitches, their budgets have been cut drastically and projects of this ilk are no longer a priority.

“My interpretation of what was said by Dodson was that they would help get funding partners on board but that was a very loose and non-committal promise.

“There's no way that clubs will get the pitches fully funded, you're talking half a million each not including peripherals such as fencing and floodlighting etc.”

Finally, there is the intriguing question of: which clubs will go for this? Apparently, at Monday night's meeting, it was revealed the SRU had had 13 serious declarations of interest. Of course, it goes without saying, these may not progress to 13 returned franchise documents or bids, but, the $64,000 question is – which clubs?

As far as we can discover: Ayr, Melrose, a combined Borders bid (Gala, Hawick, Jed-forest, Kelso and Selkirk), Dundee HSFP, Highland, Stirling County, a combined Glasgow Hawks/West of Scotland bid, and, apparently one from a University are interested – that's eight. Nothing known from Edinburgh, home lest we forget of four of the current ten BT Premiership clubs, and, unless the mystery University is Aberdeen, nothing from the Granite City, long seen as an SRU target for the mythical third pro team. Where are these other bidders?

Still, only two and a half weeks until the bidding process closes, and the fun starts.







10 comments:

  1. From memory Dodson has said that there will be at least 1 franchise in each region, if no Edinburgh club goes for one that leaves the SRU having to create one themselves for the region. Looking at the Edinburgh clubs I can't see the appeal to them for various reasons:

    Boroughmuir - good facilities but skint
    Accies - Focused on their redevelopment
    Watsonians - probably have/could get the money but I believe the school having primacy on the pitches would be a big issue.
    Stew Mel - School and pitches issue
    Heriots - School and pitches
    Currie - Probably wary after getting into serious financial problems not that long ago

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  2. The 4G pitch issue is a really intriguing one.

    So the franchise needs to get one by end of the 5 years. What happens if that club doesn’t take up another franchise? Not like you can remove the pitch.

    The more interesting angle is the Sportscotland will only be interested in a multi sport facility which means others will need access to it. So unless the franchise covers a large portion of the cost they will be a user alongside others.

    And let’s not forget that 4G pitches require maintenance and need to be renewed. The renewal is based on usage so the more it’s used the quicker it needs replaced. So budget for another £200k in ten years time?

    It’s these details that the franchises need nailed down. Signing up to providing a 4G pitch on a promise from other funders is a courageous act

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  3. Whiling away some time over lunch I went for a read of the super 6 franchise document. The find function is a great thing.

    Rob Flockhart is correct. This talks about part time and full time - as pegj pointed out yesterday these are the only terms recognised in employment law.

    6.1.1 Contracts of employment
    All players in a Super 6 squad will be employed on part-time professional contracts by the franchisee. Contracts will be issued for one season at a time, and will run for nine months from July to March inclusive.

    The generic form and content of Super 6 contracts will be provided by Scottish Rugby, being issued and administered locally by the club’s secretary or treasurer. The terms for individual players are negotiated by the head coach, having been authorised by the franchise board.

    On the wider point - how this differs from the label semi pro I don’t know except that’s not a legal term.

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  4. And further trawling turned up a very interesting mini site with the RFU.

    http://www.englandrugby.com/governance/club-members/player-registration/

    Scroll down to the player contract section and look at pay for play contract.

    Given recent publicity on minimum wage, holiday pay and travelling time this is a much more challenging area than many think.

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  5. "being issued and administered locally by the club’s secretary or treasurer"

    well that should be interesting, especially if as suggested the existing Club has no need to change their status.

    Is the secretary / treasurer of a mutual organisation (with no limited liability protection) really going to be happy issuing and administering contracts of employment which they do not have full control of - Performance Rugby Department & Stevie Gemmell have final say on playing matters.

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  6. Well that’s the thing pegj.

    The SRU believe that existing club structures can accommodate a franchise. I believe that’s tosh. That would be the case whether it’s a members club or limited company.

    I think the Dundee HS six figure deficit that Aristotle talked about is a gross underestimate. Over 5 years that’s in excess of £600K. How does a club of what ever hue cover that?

    If it’s a members club they are joint and severaly liable for that. If it’s a company how will it account for those levels of losses?

    As I said yesterday. They are going to need very good lawyers and accountants - both for the amateur club and the franchise entity

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  7. It's as clear as mud. The SRU will probably use their " highly skilled legal expert lawyers" to create an extremely complicated agreement putting all the responsibilities and liabilities on the franchise holder. Whilst I am on the subject of franchise in my humble opinion a franchise is completely different to ownership! In normal circumstances a franchise is operated on behalf of the owner in this instance the SRU. No control, handover your assets,no real input into coaching or player selection, a vague promise of a 3g pitch within 5 years( there is no such thing as 4g). All the liability for providing pitches facilities volunteers transport food etc etc. Liability for any debt incurred, possible conflict of kick off times/ days with club teams!! Help ma boab as they say in Dundee where do I sign up to this it sounds great !!!!

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  8. "joint and several liability" now there's a phrase to cogitate over.

    In my experience, the vast majority of Members of Clubs do not understand that with a mutual organisation structure, it is the Members themselves who are liable for any liability incurred by the Committee in the running of the Club - not the Club, not the President, not the Secretary, not the Treasurer, but each and every Member - whether they had any involvement in the decision that led to the liability, or even if they specifically disagreed with the decision that led to the liability.

    Perhaps the greatest service that could be done by the likes of Aristotle is to shout it from the rooftops that individual Members of mutual organisations have "joint and several liability".

    Prior to a Clubs' Committee entering into any franchise agreement for a Super6, it would be in the Members best interest to fully understand what their Committee is signing "them" up for, and what liability they may potentially be exposing themselves to.

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    Replies
    1. Very good point pegj.

      And for those clubs that are limited companies their directors have fiduciary duties to the company. Not to mention they may also be trustees if they are a charity.

      M’learned friends rubbing their hands me thinks

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