RFU set Bath Rugby deadline for Stephen Donald appeal

Bath Rugby have until August 12 to appeal against the RFU's decision to deny All Black Stephen Donald, pictured, the right to play in England.

Reports over the past week have suggested that it was the Home Office's UK Border Agency which turned down Bath's bid to bring the New Zealand star to The Rec next season.

But I have received confirmation that it was the RFU that made the decision on Friday.

It has also emerged that the rules that led to the RFU verdict were only implemented after Bath had begun discussions with Donald, who has 21 caps for his country.

The regulations came into effect on May 16 when they were signed off by the UKBA. They had been drafted by the RFU Governance Standing Committee, which has representatives from Premiership clubs.

An RFU spokesperson said today: "Stephen Donald failed to meet the RFU Governing Body Endorsement criteria to play rugby in England, in accordance with UKBA requirements, because he has not started a game for New Zealand within the past 15 months.

"Bath Rugby are entitled to appeal."

I understands that Donald is still keen on a move to the West Country, despite reports linking him to the Auckland Blues, and that Bath will appeal.

Any appeal is likely to focus on Donald's injury record, as well as his high profile.

The outside half required chest surgery in June 2010. If Bath can persuade the independent appeal panel that such an injury prevented him from playing his way into contention for a starting berth for the All Blacks, then the appeal – according to RFU regulations – would succeed. Donald also suffered broken vertebrae in March this year.

An appeal panel would also need to consider "whether the player is able to contribute significantly to the development of the game at the top level in England".

Given that Donald has been understudy to the best fly-half in the world, Dan Carter, for the past few years, Bath could well argue that he is of sufficient quality to "contribute significantly" to the profile and spectacle of the English game.

The Home Office suggested to me this week that the RFU decision had been made to protect the UK labour market.

A UK Border Agency spokesman said: "The responsibility rests with sports governing bodies such as the Rugby Football Union to endorse sponsorship applications from clubs and the application of each sportsperson wishing to enter the UK.

"This is because they are best placed to determine the skill level of a migrant and whether there will be an adverse impact on the resident labour market of their sport."

I understand that Donald had agreed terms and signed a contract with Bath following the expiration of his deal with Hamilton-based Super 15 side the Chiefs. He has been lined up as a replacement for Springbok Butch James.

It is also understood that the senior management at Bath, who have not commented on any reports linking Donald to the club, had been aware that he needed both RFU endorsement and then migration clearance from the UKBA. The RFU endorsement rules require foreign players to be recent, full internationals.

Donald has made three appearances for the All Blacks in the past 15 months, but all from off the bench. Last month - after he had been linked to Bath - he was dropped from the New Zealand squad ahead of the World Cup

Sophie Barrett-Brown, a leading immigration expert with international sports law specialists Laura Devine, said Bath had no option but to request an appeal if the club wanted to persist in its bid for Donald.

If the appeal fails, then it could demand a judicial review but that could have huge financial ramifications.

"There has to be the governing body's endorsement, there is no way around that," said Barrett-Brown.

"Judicial review is the only potential way around it but that is costly and risky. If you are unsuccessful the costs of the other party can be awarded against you."

Should Bath call for a review, then the panel would comprise an independent chairman, an RFU representative and a Premiership Rugby representative.

All Black Donald fits the bill for Bath Rugby chairman Craig

Bath Rugby have the signature of their new fly half and sources suggest it's All Black Stephen Donald, although there is no confirmation from the club. This column, taken from today's Bath Chronicle, explains why Donald and not Danny Cipriani fits chairman Bruce Craig's vision for the club.

A lot was made of what a physically intimidating specimen Butch James was when he played in the Premiership.

But it seems that the man who is poised to replace the sturdy South African in the number ten shirt at The Rec could be even more, well, butch.

While there is no official word from Bath Rugby, it seems that All Black Stephen Donald, pictured, is likely to be the man who, barring any last-minute hitches, will be pulling the strings at fly-half next season.

As mentioned in last week’s Chronicle, sources indicate that Donald is the man likely to become Bath’s stand-off for the 2011-12 campaign and beyond.

Donald would be a good fit at Bath, not only because of his 6ft 3in frame but because of his reputation as a selfless, hard-working team player.

In an interview with the Chronicle in April, Bath chairman Bruce Craig articulated a vision for the sort of culture he wanted to foster.

In it, he emphasised how important he regarded the chemistry that pervaded a rugby club.

“If you look at the likes of Toulouse, Munster, Leinster and Perpignan, there is a passion, fervour and a willingness on the pitch to almost die for the shirt,” he said.

“You can’t bring in journeymen to do that. That’s one of the things we’re working on. The chemistry is very important.”

Across the Super 15 and in the All Blacks camp, Donald commands respect as a committed, grafting figure – an axis around which the rest of a side can revolve.

He may not bring the heart-in-mouth antics of a Quade Cooper and may have been forced to play understudy to Dan Carter for the All Blacks.

However, as a wise distributor and a reliable place-kicker he would be a wise investment, particularly if he arrives at Bath on a long-term contract.

Sources suggest that Donald would remain at The Rec on a deal until 2014. That would certainly remove him from the ‘journeyman’ category and, at 27 years of age, Bath could quite reasonably expect to get some of the best years of his career out of him.

A fortnight ago, I revealed Danny Cipriani’s representatives had approached Bath.

But under Craig’s vision, Donald is a far better fit.

Photo by Steve Haag/Back Page Sport

Cipriani seeks return to Premiership rugby

It's looked likely for some time, and today it looks close to a dead cert: Danny Cipriani will be leaving the Melbourne Rebels soon.
A story I have broken today reveals that representatives of the unpredictable fly-half have contacted Bath Rugby with a view to returning to the English Premiership. Bath aren't particularly interested, stressing that Cipriani "is not top of their list", but it's clear that the gifted but troubled stand-off is looking for an exit from Australia, less than halfway through his two-year deal.
The thing is, with all his off-field shenanigans, who will touch him? Wasps director Lawrence Dallaglio has hinted that the London side would consider taking him back, but it would be a gamble. As Cipriani has proved in Melbourne, he can rub team-mates up the wrong way, and Wasps - who are in as fragile a state as they have ever been in the professional era - can't afford any more boat-rocking.
So, who is top of the list at Bath? Dan Carter was clearly the ultimate target, as the All Black admitted today. And with Morne Steyn ruling himself out, and with Berrick Barnes and Quade Cooper signing extended deals with the Australian Rugby Union, many of the prize inside backs of the modern game are now unavailable. But Carter's cover in the Kiwi squad, Stephen Donald, still appears to be undecided about his post-World Cup future. And given that all the signals are that Bath are after a player who will be involved in the RWC, Donald would appear to be very much in the mix.