You've had Bosman, now here's "Kolpak!"


The author at play.

By Stockers
August 8 2003

No, I'm not referring to a distant relative of the follicly challenged American detective but the Slovakian handball goalkeeper who may well have changed the face of professional rugby in the same way that Bosman overturned the apple cart in relation to football transfers. In a recent case before the European Court, Maros Kolpak successfully argued that the type of rule which the Zurich Premiership uses to limit the number of non-EU players in a match day squad is illegal. This opens up the field to anybody who hails from a nation which has a formal employment agreement with the EU. At the last count, there were over 100 and that includes South Africa and the nations of the Pacific Islands.

With the rate of exchange against the SA Rand being what it is, clubs could acquire good South African players quite cheaply.

The new rules will obviously affect all European rugby leagues and cup competitions too, such as the Heineken Cup. The only safeguard will be that imported players will still have to obtain a work permit but that is a Government / EU control and not something which can be controlled by the rugby authorities.

OK, you may argue, lets just find another way to limit non-EU players. Won't work. In a ZP, where sensitivities are running high about any sort of under the table agreement between clubs, ( remember Rotherham?) any restrictions on open employment rights will be open to legal challenge. The RFU will have to ensure that clubs comply with the new ruling or face prosecution.

So, the flood gates are open? Well it depends if you believe that the policy of the Southern Hemisphere nations in only picking home based players is set to continue. If it is, the good rising talent will stay at home but the guys like Taine Randell, Andrew Blowers and Bruce Reihana who have been overlooked by their home unions for whatever reason will be even more attractive to European clubs, subject only to work permits being granted.

In the same week as the Kolpak decision is made public, we hear that the ZP will be played during the 6 Nations when England are away from home. Clubs will therefore be playing in the premier English competition for another three games without their current internationals being available to them. It's bad enough in a normal season when autumn internationals are played on top of five 6N matches but this year when half the season could be missed by the "star" players at the World Cup makes it even less attractive for the clubs to develop and employ players qualified to play for a Home Nation.

The comments this week by ZP clubs seem to be driven more about the fact that they can still earn good gate money when internationals are being played and the need for midweek games is obviated rather than the fact that it means three more games without the top players.

Looking at this season's revised fixture list we will only have Daws, Ben and the rest of our internationals available for a maximum of 9 ZP games, assuming that they were fit and selected to play against Glos on 29 November, one week after the World Cup final is scheduled. Nine out of twenty two games. Of course they will also be available for the cup competitions but a coach and a team need consistency so we may well see the need for a settled starting 15 outweighing the desire to pick the "stars" if others are doing the job just as well.

We therefore have the essence of Uncle Keith's dilemma. Do we at Saints continue with the bulk of our team being home grown but watching them disappear down the road to Twickers every five minutes or do we use the new freedoms granted by the Kolpak ruling to build a squad of foreign stars who want to move for whatever reason to the UK, plus locals who are good but not good enough for England, Scotland, Wales etc?

Do we go further and bring promising young foreign players into our Academy?

Will there be a fall in attendances among less committed supporters when they realise that the internationals only occasionally drop in to play for their club? Will that lead to downward pressure on season ticket prices and therefore clubs' profits, requiring the employment of cheaper players possibly from foreign parts as outlined above?

And consider this. How long will it be before another bright employment lawyer makes a case that the salary cap in England is illegal as it limits the earning power of rugby club workers (players in the old days!) compared to their counterparts in other parts of the EU ( ie France)?

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