Dual-eligibility challenges in Irish rugby: Does Regulation 9.39 offer a solution?

Like in many sports, rugby players often leave their places of birth to seek opportunities elsewhere. In doing so, it is common for such players to decide to represent the nations where they settle- under the relevant provisions of the World Rugby Regulations (WR Regulations).

In recent years, the tension between a player’s birth country and adopted country, in terms of securing their commitment to play for one or the other, has become a topical conversation.

This conflict is apparent particularly in Ireland owing to how the Irish Rugby Football Union (IRFU) runs professional rugby on the island.

This article examines:

• The structure of professional rugby in Ireland
  • Irish Qualified players (IQ)
  • Non-Irish Qualified players (NIQ)
• The problem: dual-eligible Irish-Qualified players playing for other Unions.
  • The case of Jean Kleyn
  • The case of Antoine Frisch
• The two main consequences for Irish rugby
  • Losing important players for the national team
  • The redesignation of IQ players to NIQ players
• Does Ireland have to release dual-eligible IQ players?
• Could WR Regulation 9.39 (Written agreement to preclude other Unions) offer a solution?

While this article concerns Ireland and IRFU, the discussion applies to all Unions that contract dual-eligible players directly to play for its national and provincial teams, such New Zealand and Australia (as opposed to such players being employed by privately funded club teams, such as France).