Practical Considerations For Introducing A ‘Fit And Proper Test’ To Elected Members Of World Rugby’s Council

Relatively unnoticed during the COVID-19 pandemic was the announcement by World Rugby that they were launching an independent-led governance review (“the review”) chaired by Sir Hugh Robertson KCMG PC DL.[1] Chairman of World Rugby Sir Bill Beaumont promised the governance review in May 2020 and, following his re-election, stated:

“In our manifesto, Bernard Laporte[2] and I made a promise to undertake a governance review to ensure World Rugby is agile in its thinking and decision-making and our structures further reflect the diversity and values of our game.”[3]

The “[k]ey focus areas” listed in the review include:

• gender balance and diversity on World Rugby Boards and Committees;
• player representation within World Rugby’s governance structures;
• committee structure and reporting flows for effectiveness;
• suitability, definition and naming of emerging nations/established nations groups;
• the format and frequency of Council Meetings to best serve the global game; and
• the criteria for appointment of Council members and the fit and proper person test for elected members.

The review was launched on 17 June 2020.[4] At the time of announcing the Review, World Rugby suggested that “[i]t is anticipated that the review findings will be presented to the World Rugby Council later this year [2020].”[5] On 7 January 2021, World Rugby revealed their interim findings[6] which included the following seven recommendations which will underpin “meaningful reform”.

•  The establishment of an ethics and conduct charter for elected officials
• The introduction of a fit and proper person’s test for Council, EXCO and all standing committees under its jurisdiction
• Robust conflict of interest management process which protects the integrity and effectiveness of decision-making
• A target of at least 40 per cent female representation on committees with the promotion of women leaders in the sport
• Player representation throughout all the committee structures, including EXCO, to ensure player-centric decision-making
• A continued focus on diversity, skill set, independence, capability and geographical representation when forming committees
• Council meetings to continue to occur twice a year – one meeting in person and one remote

This article examines the “fit and proper person test” (“the test”) and how it relates to elected members of World Rugby’s Council.[7] Specifically, it looks at:

• what the test is and how it relates to World Rugby; and
• practical considerations for introducing a fit and proper person test.