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Finnigan, Simon |
  Simon FINNIGAN [Player Stats] + Submit additional information or a correction to this player 
RFL aggres Bulls player will be home grown in future Thu June 19, 2008 by Matthew O'Neill Source: www.bradfordbulls.co.uk FA chairman Lord Triesman tells anyone prepared to listen that the present England football system contains too many foreign players. Richard Lewis, his opposite number at the Rugby Football League, is somewhat further down the same road, having already launched a Home Gown Player Rule which comes into force next year. Both Triesman and Lewis want to see the greatest possible number of England-qualified players coming through the Premier League and Super League respectively. Whilst at club level the success of both sports is self-evident, neither sport is developing well enough on the international stage. The trouble is, both football and Rugby League could end up being challenged in the courts by players claiming unlawful discrimination. The reality of legal challenge was brought home to the RFL just this week when Bradford Bulls player Simon Finnigan asked the RFL to exempt him from the Home Grown Player Rule and sought the assistance of Leeds-based sports lawyer Chris Caisley in putting his case forward. Finnigan had made it clear that unless he was granted exemption he would press his claim at law. Chris Caisley, partner in charge of sports law at commercial lawyers Walker Morris, takes up the story. "Simon is very pleased that following representations we made the RFL have decided that henceforth Simon will be treated no differently to a player who has been "Federation trained". "Simon was born in this country of English parents who took him to Australia at the age of four. He learned to play Rugby League - Australia's number one sport - in Penrith and when he was of an age to make an informed decision he chose to return to England in 2002, aged 21, to try to pursue a career as a professional Rugby League player. Simon obtained a contract first with Widnes, then with Salford before signing for his current club Bradford. However, under the recently introduced Home Grown Player Rule he was then classified as a non-Federation trained player because he had come to Rugby League during his time in Australia and did not come to England until he was 21 years old. He was in effect placed on a quota because each Super League club can now only employ a maximum of (for 2009) 8 players who have not for 3 full playing seasons prior to the player's 21st birthday been (a) trained at that club or (b) trained at another club within the same Federation, or who are (c) registered Academy players at that club. "Bradford wished to extend Simon's contract for 2009 but could not do so because the player was classified a non Federation trained player and would thus be on a club's 8-man "quota" next season. "The UEFA Home Grown Player Rule, which the RFL Club Trained Player Rule was presumably copied from, was introduced by UEFA to force clubs to alter the composition of their playing squads by providing that a number of places must be reserved for "locally trained players" (players trained by the club or another club within the same association), thereby encouraging, allegedly, the training and development of young players by clubs and to enable markets to maintain a geographic character. "The difference between the UEFA Rule and the RFL Club Trained Player Rule is that the UEFA Rule only applies to clubs entering European competitions, not to domestic competitions. Further, the RFL Rule goes beyond the UEFA Rule and results in the playing squad composition of playing squads being very significantly tipped in favour of home grown players regardless of the fact that players who cannot satisfy the rule are thereby placed on a "quota" notwithstanding that they are EU citizens. "The RFL Rule was clearly intended to block what the rule makers believe is an excessive number of overseas players plying their trade in the Super League competition and to further support the RFL's attempt to equalise the Super League competition. However, it could result in, for example, an England Rugby Union international wishing to switch to Rugby League, or a late developer turning to Rugby League at, say, 21 years of age being treated as "quota" players and having their employment prospects unfairly restricted. "Dwain Chambers, an England athletics international, had he been signed by Castleford earlier this year, would have been treated as a non Federation trained player and on a quota of 8 players within Castleford's playing squad. And from 2010 he would have had to be good enough to be selected as one of 6 players on the quota as the maximum number is set to reduce further in the 2010 season. What chance would such players wanting to turn to Rugby League have of being included in a club's "pick"? "What chance in the future of a club finding a non-Rugby League playing athlete in his 20s and funding his development in the hope he can be turned into a star player? On the other hand, take the case of New Zealander Robbie Paul, who played Academy Rugby League for Bradford on his arrival from his home country and was trained over here from the age of 17 years. Under the current RFL Rule he would have been treated as a Federation trained/Academy player and free from restrictions, whereas Simon Finnigan, a British subject, was caught by the Rule. Also, what of the so-called "Kolpak" players who did not train over here and who will now be on a "quota"? They still pose a very interesting question for the RFL. "It can and has been argued that by introducing their Home Grown Player Rule UEFA has reintroduced rules that are designed to overcome "Bosman" through the back door by discriminating on grounds of residence rather than nationality. UEFA would have to show, if challenged, that their Rule is an appropriate and proportionate means of securing their objective. The RFL Rule actually goes further than the UEFA Rule and there is no doubt that Simon, whilst not being directly discriminated against on grounds of nationality, was seriously disadvantaged on the labour market through circumstances beyond his control; because he was removed from the UK by his parents at a very young age; because he did not obtain his junior rugby league training at a club over here. Furthermore, the Home Grown Player Rules were not in place when he made his decision to come to the UK and make a life for himself as a professional Rugby League player in the UK. It is good that common sense has prevailed, but I wonder how long will it be before the RFL Rule is challenged by someone else because whilst it may have been introduced with the best of intentions it can, as Simon's case has exemplified, be grossly unfair?" "Had Simon been compelled to take his case to law it could have had consequences extending far beyond the sport of Rugby League." Commenting, Bradford Bulls' Chairman Peter Hood said: "Whilst we support sensible moves that will enhance English Rugby League on the international stage, Simon's situation highlights the potential of the rules to discriminate unlawfully. Had the Board of the RFL not taken the enlightened stance they have and awarded Simon his exemption, then we should have felt compelled to support Simon in seeking justice through the courts." News Source: www.bradfordbulls.co.uk Bulls announce major signings Sun September 23, 2007 Source: www.bradfordbulls.co.uk Bradford Bulls have today confirmed the capture of five players as they look ahead to the 2008 engage Super League season. Centre or Back Row Forward Chris Nero joins from Huddersfield Giants on a three year contract with Half Back Ben Jeffries, two years, and Winger Semi Tadulala, one year, joining from Wakefield Wildcats. The Bulls have also announced the signing of Hooker Wayne Godwin from Hull FC on a one year deal and have confirmed that Back Row Forward Simon Finnigan has left relegated Salford City Reds to sign a one year deal at the Grattan Stadium. Commenting on the signings Bulls Coach Steve McNamara said today: "I am delighted to have secured the services of these players. They are all high quality individuals both on and off the field and, together with Paul Sykes, will greatly enhance and improve our current squad. I am looking forward to working with them all and I am confident they will all have successful careers with the club." News sent by: www.bradfordbulls.co.uk
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