Resolution no closer as rival factions dig in

To have a negotiating position you must have something to concede.

Yesterday, as the dispute over the future of the Heineken Cup became ever more ugly at the competition’s UK launch, it was at least apparent that ERC, the body currently running European competitions, have nothing to give up at all.

Asked directly how they would tempt English Premiership’s clubs back to the negotiating table and end the stand-off, ERC chief executive Derek McGrath offered nothing except a defence of the current competition and an admission the dispute is centred around television deals.

Leicester Director of Rugby Richard Cockerill went further. He declared ERC to be dead in the water, and lamented Irish provinces’ guaranteed entry into the current version of the Heineken Cup.

“Why is it alright for Leicester, Bath or Wasps not to be in Europe, but it’s not alright for Munster or Leinster?” he asked as he outlined why English and French clubs want the current format to be changed.

He then addressed the spectre of ERC’s only get-out-of-jail card – a decision by either the RFU or IRB to veto the proposed Anglo-French breakaway. In that case, he intimated, English players in the Premiership would not be able to represent their country.

“Players are contracted to their clubs. The hypothetical question is if the union don’t support that [the new tournament] and exclude every Premiership player from playing for England, they’ll do well to sell Twickenham out with players from the Championship.

“That’s why this [the proposed Rugby Championship] has to work. They could go to the 2015 World Cup without any players. That’ll work well.”

That raises the prospect of a stand-off between clubs and unions in all the major European leagues, and only ensures this situation will become ever more bitter and twisted.

Certainly, the feeling after a fraught day in Cardiff’s Millennium Stadium is that a resolution is no closer.

Further proof was given to Premiership Rugby’s belief that ERC is not fit for purpose, coming as they did without a single tangible point to persuade their opponents to negotiate.

Yet McGrath was on the money when he acknowledged the current impasse boils down to the choice of whether Sky – who have a contract with ERC – or BT, who have signed a deal with Premiership Rugby, will be able to broadcast any future competitions in England.

That Ireland’s provinces are engaged in a game of brinkmanship due to that deal signed by BT and Premiership Rugby will be a source of frustration, but with the contract (which also includes Aviva Premiership coverage) worth €152.4m it is hardly surprising neither side will back down.

And if the English sides get their way and manage to lure the Irish provinces with them, there is the thorny issue of who would compensate Sky.

“We can’t force people to engage or come to agreement, but to find solutions you have to engage and accept you won’t get everything. That’s what we’re seeking today,” said McGrath, rather forlornly considering the English and French clubs are adamant they will not negotiate.

“The one reason the clubs wouldn’t want ERC to continue is to frustrate the Sky contract.

“That is very clear to us. It’s not about performance or the competitions, it’s about winding down the company and then the expectation that the contract will fall away.

“That’s clearly not something the board of ERC are willing to accept.”

They may have little choice, however. Premiership Rugby and LNR (their French counterparts) served notice they would leave the competition at the end of their current contract, which expires next summer. ERC cannot force them to sign a new deal if they do not want to – and they will not turn up to scheduled talks on October 23.

The next step is for either the RFU or IRB to make a decision, with the losing side then likely to consult their lawyers and potentially take the issue to court. It is a messy and undignified affair, with the unions and clubs of Ireland, Scotland, Wales and Italy all waiting to discover their fate.