With the 6 Nations Tournament fast approaching, the Scottish Squad selection has thrown open some unexpected controversy.  Steven Shingler’s selection by Scotland has been challenged by the WRU.

The WRU’s basic position is that Shingler, having played for Wales Under 20s against France Under 20s in 2011 means that he is only eligible to play for Wales.   The IRB's Regulations state that where a player has represented a country's "second" senior side, he cannot play for another country. Even though Wales does not have a Wales "A" team, the WRU nominated its under 20 team as the second senior side.  Conversely, the Scottish Rugby Union’s position is that whilst it acknowledges that Shingler played in that game, him doing so does not prevent him from going on to play for Scotland as he had not signed a declaration form as required.

It does not look likely that this matter will be resolved amicably between the Unions and it is understood that the matter has already been passed to the IRB to determine.  In essence, the determination of this dispute will rest with the interpretation of IRB Regulation 8.  The SRU’s statement suggests that in absence of a signed declaration form by Shingler, he should not be bound by the result of playing in the above match.  The WRU’s position on the other hand is that Shingler and the other players were informed by the WRU Team Management of the consequences of playing in the above match and therefore is not eligible to play for another Union.

I would stress at this juncture that we do not have the complete picture and we are relying solely on the press releases issued by the respective Unions.  However, the common thread and the main issue in dispute seems to be whether Shingler had knowledge of the consequences of playing in the  match and  whether he signed a declaration.

Paragraph 20 of IRB Regulation 8 makes it clear that the Union must ensure that the player completes the standard form declaration in the form attached to the Schedule to Regulation 8.  Further, the Union must certify to the IRB each year that the player has signed a completed declaration form in full.  We will have to wait and see whether such a declaration form is produced.  Certainly, Shingler has indicated to the SRU that he did not sign such a form.

No doubt regard will be had to the IRB ruling last year concerning Matthew Jarvis and James Loxton who also played in the Wales v France match in 2011 who sought clarification whether they were eligible to play for Ireland following their transfers to Conna ch t.  In that case, it seems  that the IRB came down on the side of the players on the basis that signed declarations were not obtained and they were  not informed of the consequences of playing in that match. A similar approach in this case will probably mean that Shingler can play for Scortland. 

One thing that seems certain is that we have not heard the last of this and one would expect it to be clarified as a matter of urgency and in any event before Scotland’s 6 Nations match on the 4 February 2012.

For more information on how the sports law team can help, contact me, Robert James on 01792 773 773 or email robert.james@jcpsolicitors.co.uk