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.

The Southern Hemisphere loose forwards with their eyes on Bath

Bath Rugby saw off a bid from arch rivals Leicester Tigers to secure the services of Springbok flanker Francois Louw, I can reveal.

But the South African flanker, pictured, says a "captivating" visit to Bath early this year made the choice between The Rec and Welford Road a straightforward one.

I exclusively revealed in January that Bath were interested in seven-cap Louw and we reported in April that a deal had been signed.

This week, following the conclusion of the Super 15 competition in the southern hemisphere, both Bath and Louw's hometown side, Cape Town-based Stormers/Western Province, confirmed the 6ft 4in blindside specialist would be moving to The Rec.

I can also reveal that another southern hemisphere loose forward, Julian Salvi, approached Bath with a view to returning to the West Country next season.

Brumbies openside Salvi enjoyed a spectacularly successful year at Bath in 2009-10 when he was named the club's best forward, and recently asked his agent to contact the Bath management to discuss the possibility of another spell at The Rec.

However, Bath's loose forward division was already full to capacity, with Louw and young openside Carl Fearns the new additions to a back row that already boasts Lewis Moody, Simon Taylor, Ben Skirving, Andy Beattie and exciting prospect Guy Mercer.

"Julian instructed me to get in touch with Bath first but unfortunately Bath were full," said Salvi's agent.

This week, it was announced Salvi would instead join Leicester on a two-year deal.

One man who is delighted to be heading to The Rec rather than Welford Road, however, is Louw.

"Playing overseas is always something I've wanted to do and Bath were the first club to approach me," he explained.

"When Bath flew me over for a visit, I was blown away by the ethos among the team and the whole set-up. It was all first class. And it was all in such a beautiful city. I was instantly captivated. What's not to like?

"It was a tough decision to leave Western Province, but easy in the sense that Bath had created such a great impression.

"There were a couple of other interested clubs. Leicester were top of the Premiership and that created a pull, but Bath was always the club for me.

"It's important to be at a club that's going forward, and I could see that was the case at Bath straight away."

The 26-year-old, who has penned a three-year deal with the club, says he is in for the long haul.

"When I sat down with Bath, I explained that I was fully committed and not just doing a little stint overseas," he said.

"I want to shape myself into a team and be part of a growing team going forward."

Louw, however, won't give up on his international ambitions while at Bath. He has been named in South Africa's provisional World Cup squad and is likely to join the club following the conclusion of the competition.

"If the opportunity comes up to play for my country [while I am at Bath] then I would play in a heartbeat," he said.

"Bath know about my commitment to South Africa and my willingness to represent them."

Blood, sweat and beers - and yoga

Yoga in the grounds of an immaculately maintained 120-acre estate. Welcome to pre-season training, Bath Rugby style.

The bulk of the Bath squad are now nearing the end of their second week of summer training – and there are still nine weeks to go before the first game of the campaign.

With such a long pre-season stretching ahead of them, the key for the strength and conditioning experts who lead such training is to ensure that a sense of tedium doesn’t creep in.

Flipping tyres, pushing sledges and hitting scrum machines are necessary elements in any pre-season programme – there’s no escaping the hard graft – but they cannot be the only ingredients.

To avert a sense of groundhog day, a few novelties have to be thrown in. On Tuesday afternoon, it was yoga time for some of the squad. Lycra, I believe, was optional.

Not that it’s all been about adopting the lotus and the downward-facing dog at Farleigh House.

Lock Stuart Hooper admitted the squad was, at times, being subjected to a whip- cracking regime of blood, sweat and tears.

“There hasn’t been much blood so far, there’s been a fair amount of sweat and no doubt there’s been a few tears in the evening when people have got home!” he said.

“It’s been hard but then it wouldn’t be a good pre-season if it wasn’t hard.”

The art of combining the nitty gritty with the refreshingly unusual is something Premiership champions Saracens have excelled at of late.

Whether it’s trips to German beer festivals or a couple of days with the Miami Dolphins, the management at Sarries know that a few non-traditional stimuli are needed to keep a squad on its toes, cohesive and hungry.

Bath appreciate this, too. Last season, there were sessions with firefighters at Bristol Airport, pictured, and an afternoon of swinging from trees.

More of this may prove a wise investment. As Sarries have shown, blood, sweat and beers really can work.

The Socialist Republic of the Premiership

My musings on Gloucester shareholder Tom Walkinshaw's declaration that Premiership Rugby has its roots "somewhere in socialism"

Those volatile elements, sport and politics, need to be handled carefully whenever there's the slightest whiff that they might be about to combine. Otherwise there can be an unholy combustion.

Inevitably, the debate over the impending increase of the Premiership salary cap has generated a political debate with a small 'p'. Some clubs want it, others aren't so keen. One club has x agenda, another has y agenda.

Such internal politics are bound to occur within Premiership Rugby, the organisation which comprises the top dozen English sides.

What isn't inevitable is the manner in which certain clubs chose to publicly vent their views on the matter.

Ryan Walkinshaw, a major shareholder at Gloucester and the son of former owner Tom, this week gave a revealing interview which was as frank as it was engaging.

Walkinshaw clearly has a passion for the game that rivals his father's and the 23-year-old's views on its future are both well articulated and, in many cases, plausible.

But one of his remarks will no doubt prompt a few raised eyebrows.

"The whole idea of Premiership Rugby as a body has a base somewhere in socialism, in that we are all in it together, for the good of the sport."

During my time as an amateur player, and during my time as a rugby writer, I have to say I haven't had that many discussions about socialism. So it was intriguing to discover that one of the biggest players in the domestic game believes aspects of English professional rugby have their roots in Das Kapital and The Communist Manifesto.

I can understand Walkinshaw's sentiments – English clubs do, to a degree, need to co-operate for the good of the game – but the problem is that the game is not played in an English bubble. There is Europe to worry about, too.

Holding back other English clubs because you don't have the money that they have (as Gloucester seem to want to do) might serve your self-interest but it will have the wider effect of harming English clubs' prospects on the European stage.

In that regard, Walkinshaw's proposals are inward-looking and redolent of a 'closed shop' mentality. That attitude won't help an English club lift the Heineken Cup. And would that be "for the good of the sport"?

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

Excuse me while I get my trumpet out for a second

Yesterday, I was chuffed to be named Sports Journalist of the Year at the EDF Energy South West Media Awards for the second year on the spin. I'm still chuffed today, actually, although my parade was marginally rained on when my four-year-old told me at bed time last night that she "didn't want to be a journalist" when she grew up and that she "wasn't proud" of daddy. In such circumstances, you'll hopefully forgive me the vainglory of posting a link about my modest triumph...
Self-congratulatory link one and self-congratulatory link two

Changes to the Premiership salary cap could create a two-tier league - but change was the only option

Have the turkeys voted for Christmas? The unanimous support for the changes to the Premiership's salary cap took me by surprise, as I can only see the league's less wealthy clubs suffering as a result. But perhaps they have been motivated by a commendable spirit of altruism... Here's my weekly column for The Bath Chronicle on the issue


There is now no question that Bath Rugby have become a major force when it comes to running the domestic game.

The announcement by Premiership Rugby last week that the salary cap is to be modified is a victory for the club's negotiating powers behind the scenes.

Less than a year ago, Bath chief executive Nick Blofeld and others began the task of reviewing the cap as part of a Premiership Rugby initiative.

Now, following the unanimous support for the review's findings, Bath have got pretty much what they want – albeit the changes will not take full effect until the 2012-13 season.

In essence, the cap will be lifted to £4.5 million, with clubs also free to pay whatever they want for one player whose wages will fall outside the cap.

As events in Zurich have shown in recent days, the internal politics of sporting organisations can be unsavoury, bitchy and shady.

But Premiership Rugby's negotiations over the cap changes appear to have been a polite Georgian tea party compared with FIFA's bun fight.

Ever since chairman Bruce Craig bought the club last April, Bath have made cogent arguments about why the English club game would suffer in Europe unless the cap was raised or modified.

It is a sign of Bath's clout and astuteness that they have negotiated their way to a settlement which gives them the power to deepen their squad with top drawer stars. That will apply to other clubs with deep pockets too, though, such as Northampton.

But will the changes herald the beginning of a two-tier Premiership, with the wealthy clubs leaving their poorer cousins behind?

As a number of Bath supporters have said to me, the likes of Newcastle and Sale voting for the cap changes is akin to turkeys voting for Christmas.

It is inconceivable that they will be able to afford the cap-exempt players which Bath, Saracens et al are likely to fly in.

But the English Premiership does not operate in a vacuum, and it would seem that the less wealthy clubs have recognised that. If the English game is to maintain its profile, its reputation and its ability to compete in Europe, then these changes are necessary, even if there is the danger of a financial elite emerging.

Read my interview with Bath CEO Nick Blofeld on the impact of the changes to the cap.