The Dragons' flirtation with Israel Folau shows we need clearer rules

By Sam Drew / Roar Guru

The latest in a long litany of Israel Folau debacles, the supposed negotiations with St George Illawarra, has brought the chatter about the legalisms and morality of his ban back to the fore.

But talk of lofty ideals about expression and tolerance have obfuscated the fact that a player contracted to a professional club has felt able to up sticks and renege on his paymasters without consequence or penalty for either the player or his would-be employers.

Folau’s current ban from the NRL is down to the publication of his, er, forthright views, not because of legal obligations with another rugby league club.

For what it’s worth, the inflammatory language naturally leaves many uncomfortable, flirting dangerously between the edges of free speech and extremism. As a classic social libertarian, it’s tempting to channel Voltaire and “defend to the death” his right to say what I may vehemently disagree with.

I still haven’t come to a fully fledged opinion on his right to play, or the morality of restrictions for expressing opinions. But I digress. It’s not the social media palaver, but another aspect of this drama that has left a sickly taste in my mouth.

We’re still relying on hearsay and a friend of a friend, but it appears he won’t be returning to Perpignan, in spite of his remaining 12-month contract term.

Talk of a family incident requiring his immediate return should not be scoffed at, and privacy respected. We all have harrowing stories of the family of citizens being denied entry, and there is still some doubt regarding Catalans’ participation in Super League (owing to French border restrictions).

I am aware that the northern hemisphere plays second fiddle to the NRL. I have no problems with the principle of the NRL experimenting with divergence from standard international rules. By all means call Super League a graveyard for the aging, a final payday for the has-beens, filled with slower runners and fullbacks that couldn’t catch COV (joke in poor taste).

But the fact a supposedly legally binding agreement can be disregarded is testament to the need to codify transfer rules. It’s not too much to ask for legal equality and standing between Super League and NRL contracts.

In the same way that a disgruntled player at Canterbury can’t simply abandon their club with years left on the contract for pastures greener with the Roosters, treat deals in England and France, and any transfers coming from them, the same as they would be in Australia.

Transfer fees also need to be better utilised. Rather than purchasing clubs simply buying out the remaining value of a player’s contract, clubs should be more forthright in demanding greater financial compensation in return for selling (in the same way that transfer fees in football exceed the would-be wages of the player).

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In practice, this would mean that the Dragons (of the Australian variety), in order to secure Folau’s services, would need to pay a fee agreed with their French namesakes.

The fact that Folau wants to return should not allow for him to walk for nothing, but like in other negotiations, the knowledge that he is unhappy and would play worse (or refuse to play) should hasten an amicable agreement. The fact that Catalans may pursue financial compensation after he has already signed for another club is a poor state of affairs that leaves them out of their dues.

Other ideas, such as the reduction of agents’ fees, guarantees of release for international fixtures, bans on pre-transfer negotiations, and an earlier transfer deadline may also be up for debate, but the important thing is that the loophole that allows for trans-hemispheric criss-crossing at a whim, and bugger the legal consequences, must be closed.

It’s almost prophetic that the man with etymological equivalence to one of the most contentious spots in the Middle East raises such controversy. While the usual chatter may have greater societal ramifications, the game must not be blindsided by the odious loophole that has been allowed to fester between the two poles of the sport.

The Crowd Says:

2021-02-13T12:33:10+00:00

Blitz

Guest


Can you name the gene?

2021-02-12T05:45:16+00:00

Kent Dorfman

Roar Rookie


make them all play as amateurs' - for the love of the game and not swapping sides each time more $$ is dangled in front of their faces like a carrot to a donkey

2021-02-12T02:02:11+00:00

Mr Booze

Guest


I never said Australia is a socialist economy. I said we are a social-democracy underpinned by socialist values. You're another one of those people who watch American TV and equate socialism exclusively with state controlled markets. Socialism is not, and never was that. You strike me as someone who insist that socialism cannot exist in a democracy. Australia is underpinned by socialism...it's only the in the late 20th century where we started to move away from more of the harder elements of it (i.e privatisation of infrastructure, banking, transport etc etc). We do pay very high taxes. Not nordic rates, but high taxes. Certainly higher than the HK ones I'm paying right now...so yes, you are right, I do pay little tax. I also find it interesting you seem to insist you know what Australia isn't, but not provide any insight as to what Australia is. In short, stop watching American TV. You think socialism is communism.

2021-02-12T01:11:48+00:00

Cowboy Grandpa

Roar Rookie


Firstly, Folau played more years as a professional athlete in other codes than he did in NRL / League, my personal opinion is someone in the twilight of their career deserves a contract / 2nd chance if they have been a NRL /League stalwart of the game, not merely code hoping to make maximum bucks. You can't tell me there aren't players currently available who would show more commitment to performing at their peak vs the lackluster efforts Folau has shown on the paddock in his last 2 "professional" athlete contracts to both clubs and sponsors. If he wants a 2nd chance maybe he should try union after all majority of his "professional" athlete career was in that code. As for transfers, NRL to NRL should impose a % say 10-20% of the total worth of the players contract with the new club as a transfer payment, and this should be part of the salary cap. So leaving one club to earn more money is possible but at a premium, the game should just designate a transfer window where no transfer payments apply if parties can come to an agreement. /2c

2021-02-12T00:26:25+00:00

Forty Twenty

Roar Rookie


Barrett is employed by the Dogs and part of his job it seems is to improve a poor roster. So far he appears to be doing a decent job. Any coach worth his salt would be trying to get Burton on board a year early. It's a normal thing and hardly worthy of petty criticism. In case you've forgotten the Panthers have sacked coach Cleary , then sacked Hook and bought Cleary back after getting him to ''break his contract''. That's just someone ''trying to enhance their reputation'' I suppose.

2021-02-11T22:06:43+00:00

Big Daddy

Guest


The Barry, I can see where your coming from but maybe it's the way the media is portraying how this pans out. It's a shame that the clubs can't work it out as the only one really suffering is Burton himself. I not a supporter of either club but you could understand Penrith wanting to keep him as well.

2021-02-11T21:43:09+00:00

The Barry

Roar Guru


I’m potentially biased in this but I don’t think that’s how this is playing out It’s Burton (and his agent) that is agitating for a release. If he stays at Penrith he probably plays a handful of first grade games. If he moves, he likely plays a full season at the club he’ll be at next year I’m sure Barrett’s not telling him to play the season out at Penrith but I really don’t think he’s the one pulling all the strings here...

2021-02-11T21:39:00+00:00

The Barry

Roar Guru


That’s funny... you’re right. It was the same freedom of speech for Folau crowd that were giving Latrell an absolute bollocking for daring to stand quietly with an indigenous flag or the guys for not singing anthems

2021-02-11T21:02:35+00:00

mushi

Roar Guru


Because based on the second half of last year the broncos don't play rugby league?

2021-02-11T09:45:33+00:00

no one in particular

Roar Guru


I do.

2021-02-11T09:16:02+00:00

Big Daddy

Guest


Actually this current situation where Barrett has come by out publicly trying to force Burton immediately is when a transfer fee is required or at least if he's loaned Canterbury foot the bill and it goes onto their salary cap. This is where the NRL are weak. I'd dig my heels in if I were Penrith. Barrett is one guy I would not trust. God knows who else he has approached on a promise to play first grade to enhance his own reputation .

2021-02-11T08:58:17+00:00

Dunning Kruger

Roar Rookie


It means freedom to use a non sequitur in every single sentence :thumbup:

2021-02-11T08:53:47+00:00

Dunning Kruger

Roar Rookie


Another one...Australia is not a socialist economy or society. You got off to a bad start with your commentary by stating we pay very high taxes. You know it is easy to compare with OECD data right? I presume given your analytical skills, you pay very little tax.

2021-02-11T08:50:28+00:00

Dunning Kruger

Roar Rookie


You have no idea what socialism is...

2021-02-11T08:48:51+00:00

Dunning Kruger

Roar Rookie


FX is not material to this discussion, but I'm pretty sure most have a calculator on their phone. It isn't complicated.

2021-02-11T08:01:05+00:00

Mr Booze

Guest


He said God burnt peoples homes because of gay marriage mate. I know you are likely a homophobe, so perhaps I can lean on some other dwindling vestiges of humanity and ask you to go down to the NSW south coast and listen to what people think of Folau. It's not just a different opinion...it's absolutely inhuman and not belonging of an Australian citizen.

2021-02-11T06:41:05+00:00

Train Without A Station

Roar Guru


Why does it need to be condemned? He was issued the maximum fine allowable. He acknowledged he was completely wrong and it’s completely unacceptable. Nobody is defending it - so there is no need to condemn it.

2021-02-11T06:20:31+00:00

Dwanye

Roar Rookie


Lol. You beat me. What’s he base that on? ‘Noisy minority and ignored by busy majority’. Lol. Classic

2021-02-11T06:14:05+00:00

Dwanye

Roar Rookie


Hi adam. Yeah Haas was dumb alright. It has been reported else where. I’d be guessing someone (besides the Magistrate) tells him it was stupid and don’t don’t it again, but if he goes against that and does it again then publicly says ‘I’m not sorry. I should be allowed to do this. This is not wrong’. He may then get people on here for or against his stupidity. Time will tell if he is repeatedly thick and can’t be told.

2021-02-11T05:52:53+00:00

The Barry

Roar Guru


“Two dollars a ticket, three for five...”

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