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    Beating the rich at their own game

    Leinster Rugby has just completed a historic European Cup and Pro 14 double, becoming the first Celtic League team to do so in the same season. This comes on the back of Ireland completing a Grand Slam as part of a third Six Nations win in the last five years. It is a golden era for Irish Rugby, and especially for Leinster. With a blend of top Irish internationals, young locals coming through the Schools system, quality foreign imports and a talented coaching staff, the future remains encouragingly bright for the province. Leinster’s unique provincial production lIne Leinster is the only team in a major professional sport to have a home-grown production line systematically providing so many top quality players. Every year more and more talented young players break into the Leinster team. This season will be remembered for the brilliance of James Ryan, the power of Andrew Porter and the electric shimmying of Jordan Larmour. The year before, Joey Carbery was the one setting the fans on fire. Before him it was Garry Ringrose, whose performance levels for club and country are taken for granted though he is only 23. Leinster complements this youthful exuberance and quality by bringing in a handful of foreign imports who become leaders by example and finesse the overall culture of the province. Examples of tone-setting foreign imports are Felipe Contepomi, (2003-9) Rocky Elsom in 2009, Brad Thorn in 2012 and Isa Nacewa, just retired, who was ever present for all four of Leinster’s Heineken/Champions Cup final wins. By winning this season’s European Cup, Leinster join Toulouse as the second club to have won the cup four times, in Leinster’s case achieved over just nine years. It has to be mentioned that another foreign import has had a massive impact – Senior Coach Stuart Lancaster. The former English National team Head Coach has been praised for helping elevate Leinster to its dominance. The only other professional sports team that plays at the highest level and has a home-grown system with an ambition to rival Leinster’s is Athletic Bilbao – in soccer. Athletic Bilbao has an unwritten rule that it will only sign players who were born in the Basque Country, or who learned their football skills at a Basque club. In a sport that is increasingly ruled by extortionate transfer fees, this unwritten rule seems to be working, as Athletic Bilbao are one of just three teams to have never been relegated from the top flight of Spanish football, the other two are Real Madrid and Barcelona. The Irish and English Systems compared Leinster’s success can be attributed to a decision by the Irish Rugby Football Union in the mid 1990s. When Rugby Union decided to turn professional in 1995, the IRFU was faced with a choice – to either fund provincial teams themselves or allow the existing rugby clubs to remain the top tier of Irish Rugby, run by owners and boards that the IRFU would not have much control over. There were calls to enter existing rugby clubs such as Shannon and Garryowen, something that would have created a number of “super clubs”. Instead, in a masterstroke, the IRFU decided to use the provincial structure to create four professional teams for European and domestic competitions. The top Irish players sign “central contracts” with the IRFU, meaning that the IRFU coaches can dictate when these players play for their provinces; how many minutes they play; and when they must take rest periods during the year. This contrasts with the current set up of the English clubs which have impatient and wealthy owners funding them, and therefore do not emphasise resting of their top players. Aviva Premiership clubs are financially reliant on qualifying for European competitions, and set an unsurprising premium on avoiding relegation. Nowhere is the distinction in the treatment of top players more evident than in the number of games played by two of the stars of the 2017 British and Irish Lions tour. England forward Maro Itoje started eight out of Saracens first nine matches this season after playing 34 games the season before. He is only 23, but even a young man has found it tough to perform at the level he could while having to play so many games. Leinster playmaker Johnny Sexton, on the other hand, was gradually introduced back into the Leinster team following the Lions tour to New Zealand. By the time he was eased back into Leinster at the start of the season, Itoje had played five games. This month, Ireland face a summer series consisting of three test matches away to Australia. England will be travelling to South Africa for a three-test series. Following this series, top Irish players like Sexton, Conor Murray and Captain Rory Best will probably be given the month of September off, before being caressed back into club rugby in October. A top English player, like Itoje or his club mate Owen Farrell, will be needed by their team and therefore their studs can be expected to be tearing up the pitch throughout every minute of Saracens’ September and October games. The Turnabout There was a period between 2013 and 2016 when Irish rugby suffered at the hands of big-budget teams from France and England. From 2013 to 2017 Irish Rugby had no finalist in any of the European Cup finals, as the richly financed Toulon won three trophies in a row from 2013-2015. It took a while for the Irish provincial system to generate sustained success. Ulster won the Heineken Cup in 1999 but Irish fans had to wait until the mid-Noughties to see another success, with Munster winning in 2006 and 2008. Leinster took this success to a new level with wins in 2009, 2011 and 2012. This meant Irish teams won five out of the seven finals from 2006 to 2012. With the present success, it seems like the Irish system has now been constructed to last for many years to come. An eye to the future: will

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    Judge Horner brazens it out

    The Fourth Defendant in the recent rape trial of rugby players in Belfast was Rory Harrison of Manse Road Belfast. He was acquitted of perverting the course of justice by lying to police when he gave a witness statement about his dealings with the complainant woman and deliberately omitting information. He was also acquitted of withholding information from the police. After dropping the woman home and walking her up her driveway, the court heard Mr Harrison texted the woman: “keep the chin up you wonderful woman” and she said she had absolutely no complaint against him. The day after the incident Harrison wrote to Blane McIlroy: “Mate the scenes last night were hilarious. Walked upstairs and there were more flutes than July 12”. Rory who has lived in Dublin and played as prop for UCD and Terenure College Club, is the son of Terence Harrison, a solicitor and partner in Harrison & Hardstaff, 7 Donegal square West Belfast. A former partner is Ian Hardstaff, current Master of the High Court in Belfast. Terence Harrison is the present sole director of TMKK limited, a property company registered in Belfast and incorporated on 13 February 2001. TMKK limited came to prominence last year when a lay litigant was defending an action by Bank of Ireland which was seeking repossession of some property in Northern Ireland. The action had taken nearly four years and was finally heard by Judge Horner. At the very last moment in March 2017 the litigant in question received information, quite accidentally, that the Judge was a shareholder and former Director of TMKK limited; that his wife Karin Horner at that time was a director; and that the company was grossly indebted to the Bank of Ireland, having borrowed substantial sums to fund the purchase of property in Belfast. Checking the records in companies house it was discovered that not only was the company indebted to the Bank but that in 2016 its assets had been devalued from £2,0650,40.00 to £950,000.00, having remained unchanged in value since mortgages were taken out in 2007 when Judge Horner was a QC – barrister – and Director of the company. Property values generally in Northern Ireland had collapsed in that same period but, uniquely, not those owned by TMKK limited. In the notes to the 2016 accounts it was stated that the company was considered a going concern only because of the support of Bank of Ireland: it is questionable whether or not the company was trading while insolvent and whether the value of its assets was properly reported between 2007 and 2016. If its directors knew that the value of the assets was being overstated further issues might arise. The lay litigant brought these matters to the attention of Judge Horner forcing him to recuse himself from the trial while, bizarrely, claiming that he was doing so not because he had been caught out in a manifest conflict of interest that he had not disclosed but because the defendant would not accept any judgment he made. On 14 March the lay litigant made an official complaint to the lord chief Justice’s office but has not yet received a substantive reply, as the office seems wrongfooted. The Lord Chief Justice’s office still seems nowhere close to convening the Tribunal envisaged in the Code of Practice on Judicial complaints. It has produced increasingly forlorn excuses as to why this has not happened. On 27 March 2017 Justice Horner recused himself from the lay litigant’s case giving a statement saying that the reason he recused himself was because the litigant in person would not accept his judgment. This is judicial nonsense. No judge ever should doubt the acceptance of his judgment by a party. The Lord Chief Justice’s office told Village: “Mr Justice Horner stated in open court that he was recusing himself in the case involving the Bank of Ireland and the lay litigant. He said he was satisfied that there was no question of actual bias or that he had any conflict of interest in the case, but that it was apparent to him that ‘the party would never feel able to accept [his] verdict’”. Judge Horner was forced to recuse himself from another long-running trial involving Bank of Ireland at the same time. In that case it was the Bank that asked him to recuse himself and not the other party: he admitted to counsel involved that he was “seriously under water” with the Bank. It appears that he may have given a personal guarantee or guarantees to the Bank to cover at least part of the company’s borrowing in the normal way and that with the company now a loss-making venture those guarantees would fail to be paid. It is the belief of the litigants and of the NI Bar, where this subject is still hot news, that the Bank was well aware of the conflict of interest as were the solicitors then instructed. The failure by the judge to raise the conflict of interest is seen as a very serious matter and the later application by the Bank itself that he recuse himself from a case in which things were not going well for the Bank is seen as scandalous. A question remains as to whether the Bank did not raise the issue of his conflict of interest in cases that were going well for it: if that were the case then it would be shockingly serious for the administration of justice. Further questions remain as to how many other judicial officers including those holding the office of master or similar in NI are or ever have been in the same position as Judge Horner and the extent of the potential hold that the Bank of Ireland, and other banks, may have over others. Bank of Ireland still holds a charge over the assets of TMKK limited of which Terence Harrison is now the sole director. There can be little doubt that officials of the Bank will have been

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    IR FU(EU)

    The nineteenth Six Nations tournament begins on February 3 but one man who won’t feature is Simon Zebo. It was announced in October that Zebo will be leaving Munster at the end of this season and moving to Paris to play for Racing 92 in the French Top 14 league. The announcement of his planned move abroad resulted in Zebo being excluded from the November Tests series, and now his exclusion from the Six Nations Squad. Joe Schmidt claimed at the official launch of this year’s championship that Zebo has been left out of the squad due to his form rather than the fact that he is about to leave the country, with prodigious Leinster young gun Jordan Larmour his preferred option as reserve. Larmour could well be a fullback great, but Zebo still has plenty to offer his national team as he is only 27 years old and in his prime. The IRFU has a policy, which the current Irish management helped to devise, of only selecting home-based players. This is in part to safeguard provincial rugby and as a way of preventing the top players accepting lucrative contracts with foreign teams. This policy has only come into play in recent years, in part due to the struggles Ireland had with Johnny Sexton during the 2014 and 2015 Six Nations Campaigns when he played for Racing 92 – Zebo’s home from June 2018. Sexton missed vital training sessions as he had to report back to Paris for the two rest-week periods during the Six Nations and to play club games in France: not ideal preparation despite the fact that Ireland was victorious in both of these campaigns. It is something Schmidt is wary of ever repeating. Zebo is Munster’s all-time leading try-scorer, and has become an established member of the Irish squad in recent years, scoring 9 tries in his 35 caps for Ireland. He played all but 5 minutes of the 2017 Six Nations Championship. There has been a clamour for Zebo to be brought back into the squad for the Six Nations but Joe Schmidt and the IRFU have stuck firm. There are a number of other players who ply their trade abroad who could easily be picked for the squad if the policy were to be scrapped, such as Donnacha Ryan at Racing 92, Tadhg Beirne at the Scarlets, Ian Madigan at Bristol and Marty Moore at Wasps. The policy appears to breach the legal requirement of Freedom of Movement and Residence for persons in the EU or, at the very least, its spirit. Freedom of movement and residence for persons in the EU is the cornerstone of the internal market and indeed of European Union citizenship, which originated in the Treaty of Maastricht in 1992. Today, the provisions governing the free movement of persons are laid down in Directive 2004/38/EC on the right of EU citizens and their family members to move and reside freely within the territory of the Member States. Restrictions are only permitted if they are a proportionate response to an inherent need in a sport. One need only look to how ludicrous it would be to impose the same restriction on soccer players to detect a lack of proportion. Zebo, and all the other players who could theoretically be picked by Ireland if the IRFU’s policy were to be changed, are being blocked from significant earning potential. While many people might not have too much sympathy for the players considering they are highly paid and get to enjoy sport for a living, it is worth noting that the Irish players will not receive match or training fees from the IRFU, but a Grand Slam win would see each of them receive a bonus of over €70,000. By excluding Zebo from the team due to his move to France, the IRFU are directly affecting his earning potential from winning, and also from additional sponsorship opportunities that come with being included in the national team. Remarkably, English players get a much better deal: they will earn £22,000 per game from match fees, training fees and image rights. This means that for any team member who appears in all five games will be guaranteed to be paid £110,000 each. The result is that Zebo has been ruled out of international consideration and has now sacrificed any dreams he may have had to represent Ireland in the 2019 World Cup in Japan. Ireland kick off this campaign against the French in Paris – a fixture we have only won three times in 46 years. A player of Zebo’s quality and skills could have been the key to unlocking the French defence. In fact we can expect a fourth win to be added come 3 February – due to the current state of the French team. In the long run the IRFU policy seems to serve Irish rugby well, irrespective of the EU Spirit. The top players are incentivised to stay in Ireland, their game time gets managed punctiliously and they are always made available by their clubs for training camps, no matter what time of year. Another benefit for Irish rugby is the Prodigal Son pardon that is bestowed upon anyone who returns to an Irish provincial team – they can be immediately included for the national side. This can act as a major incentive as there are examples where individuals came back to Irish teams much improved from the time spent away from home in a different environment learning from new coaches and strategies. Tommy Bowe developed immensely from his time in Wales, and look out for Tadhg Beirne once he leaves Scarlets for Munster next season. He appears to have slipped through the cracks for Leinster, he has been nominated for European Player of the Year and has dramatically enhanced his performance level due to the freedom he is allowed in the Scarlets team. Ireland look set to be the best placed team to push favourites England all the way in this year’s

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    Some rugger-buggers hooked on group sex

     The George Hook affair – in which he scandalously suggested that a woman might hold a degree of responsibility for being raped – touched on many things, but one overlooked aspect is a connection to a worrying trend in the world of rugby, where he made his name as a trainer and commentator. Irish society is accustomed to cover-ups and prevarication within corporate organisations, especially where there are allegations of sexual abuse. So, does the Irish Rugby Football Union (IRFU) need to address the advent of a dangerous culture of sexism among its professionals? Four current or former Irish rugby players are set for trial in Belfast this year for rape. The precise details are not open for discussion, but Ulster and Ireland players Paddy Jackson (25) and Stuart Olding (24) are accused on two counts each of raping the same woman on June 28, 2016. Both deny the charges. Former Ulster player Blane McIlroy has been charged with exposing himself to cause “alarm or distress” on the same date, and former UCD player Rory Harrison (25) has been charged with perverting the course of justice by allegedly making a false witness statement to police. He is also accused of withholding evidence. Needless to say, anyone accused of a crime is innocent until proven guilty, but we need to consider the autonomous issue of whether rugby has a cultural problem with sexism and alcohol abuse. Superficial similarities Until recently rape was considered a property crime of man against man: women. Women were not their own agents. In a different and ancient way we still see this attitude in Bunreacht na hÉireann. Victims were commonly accused of incitement, and even subject to punishment. In India and Pakistan, unfortunately, that is still sometimes the case. In Ireland, rape within marriage was only recognised as an offence in 1990. Ireland, like most countries, has long had a problem with under-reporting of this heinous crime. The Rape Crisis Centre reported in 2016 that 65% of survivors using their services had not previously reported to any formal authority. The conduct of many Irish men clearly remains hugely problematic. George Hook courted controversy, and lost his job, for offensive comments he made on his Newstalk show regarding a case with superficial similarities to the Ulster players’ case now playing out in Britain. Hook was reacting to details of a court case involving a young woman who returned to the hotel bedroom of British Olympic swimmer Ieuan Lloyd and had consensual sex with him, where upon, she alleges, she was “passed on” to his friend Otto Putland who, she claims, raped her. Hook said: “Why does a girl who just meets a fella in a bar go back to a hotel room?”. “Should she be raped? Of course she shouldn’t. Isn’t she entitled to say no? Of course she is. Is the guy who came in a scumbag? Certainly. Should he go to jail? Of course. All those things”. And then the clanger – “But is there no blame now to the person who puts themselves in danger?”. The answer, to be clear, is that there is none. A woman always has a right to choose with whom, and when, she has sexual relations. Provocateurs George Hook is a proud rugby man, whose hulking six-foot-three frame equipped him for the playing fields of Presentation Cork. He would find elusive success as a rugby coach, with Connacht and London Irish, and also the United States in the first Rugby World Cup in 1987. But it was as a pundit on RTÉ sports television, beginning in 1997, that he really shot to prominence; copying the role Eamon Dunphy plays in soccer commentary – as a provocateur who stands up for the values of his game. Having found fame in his twilight, he embarked on a successful media career as conservative columnist for the Sunday Independent, and then as Ireland’s first ‘shock jock’ on Newstalk. Along the way he has championed “beleaguered” motorists against girlie-men cyclists, infuriated feminists, and proclaimed himself an unashamed Blueshirt, reaching out to those who eat their dinner in the middle of the day. When TV3’s Colette Fitzpatrick suggested he was “controversial” he lost his temper, saying it was an “outrageous accusation” which was the same as calling him a “liar” and a “fake”, that it was a stereotype that he battles every single day. George Hook may not represent mainstream views on rape in the rugby community, but his success on the airwaves attests to a constituency of angry, middle-age men among them who inveigh against a rapidly changing world. To that mindset perhaps, the scantily-clad, inebriated girl – the tart – who returns to a hotel room with a group of men should not expect to halt proceedings once she puts herself in that position. Worryingly, the Ulstermen are not the only Irish professional rugby players to have been accused of rape this year. In March Denis Coulson (23), then playing in France for Grenoble, was detained along with two non-Irish team-mates in Bordeaux after a 21-year-old woman alleged she was drugged, taken to a hotel room and raped. He strenuously denies a charge that did not prevent the IRFU re-integrating him into the Irish game as a member of the Connacht squad. It might appear that group participation in sex is a form of currency among elite rugby players. In 2013 another incident of group sex involving two other prominent Irish rugby players, being filmed by a third, was widely reported in the media, especially the Irish Independent which lapped up the sordid details. A video went viral via social media, and soon afterwards the woman involved felt compelled to leave the country. There is no suggestion that consent was absent or withdrawn, or any sexual assault committed, but there was nonetheless a serious violation of privacy. The players faced no public sanction, and the IRFU did not deem it necessary to investigate whether a culture of sexism operates among rugby players in

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