RFU could face legal fight 07/12/2010 |
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Damian Hopley has warned the Rugby Football Union (RFU) that its “heavy-handed” approach to England's selection criteria could spark a backlash by top players.
The Rugby Players' Association chief executive suggested that the policy of not selecting players based abroad from after the 2011 World Cup might be challenged in the courts.
Hopley admitted he supports the RFU's move to address the drain of talent away from England ahead of the 2015 World Cup on home soil.
But he is concerned that threatening to ostracise players for accepting lucrative contracts with French Top 14 clubs could be in breach of EU law.
"Clearly we want the best players to be available to play for England," he said. "But this approach could be seen as somewhat heavy-handed.
"I understand the intentions behind the approach but there are a lot of people in the game who are nervous about the execution and practice of what is being requested.
"I am sure the stance is eminently challengeable if a party wanted to take it further.
"We all have to be realistic about EU legislation and if there is a restraint on a player it goes to the heart of freedom of movement for our members.
"We will be taking legal advice once we see the letter [sent to players by RFU chief executive John Steele] but I have no doubt if there was an appetite by an agent or a player to consider challenging this they would be on strong ground."
Hopley thinks a longer-term solution may be to consider increasing the salary cap from its current level of £4m – around half the amount available to Top 14 clubs.
"In the spirit of responsible collectivity, we want to do what is best for English rugby,” he added.
"And we recognise having our best English players based in the Aviva Premiership and having strong Heineken Cup squads is best for English rugby and ultimately England.
"We unequivocally support making the Premiership the best in the world but we can't look at it in isolation. Players have to be mindful they are one injury away from ending their careers.
"They need to be maximising their earning potential in an environment that benefits both their rugby and post-rugby careers.
"We have to look at all things in the round including the salary cap so we can compete financially and holistically to make ourselves more attractive.
"We have to look at how we operate as an industry and the entire offering for our players to ensure we make retaining our top players a priority.”
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