The truth about the 25-cap rule and the loopholes that now change things
There are countless things with Welsh rugby that cause confusion.
Tactics, mergers, people thinking Wyn Jones counts as a surname, and an inability to win at Twickenham when having a numerical advantage.
(Ok, Australia 2015, England 2023 and England 2024 hardly makes for a categoric numerical sequence, but it’s weird nonetheless - even England captain Jamie George noticed the trend earlier this year.)
But, one of the things that many have struggled to put their finger on is the intricacies of the 25-cap rule.
On the face of it, it’s quite simple. You used to need 60 caps to carry on playing for Wales while based outside of the country. Now, after last year’s contract dispute, it’s just 25 caps needed.
Just last year, a statement by the Professional Rugby Board stated:
"The new system does not make any exception for capped players, with fewer than 25-caps, leaving to play outside of Wales after 31/03/2023.”
The merits of the rule are quite clear too. Wales want as much time as possible with players in camp, with players plying their trade outside of Wales required to return to their clubs in fallow weeks, outside of Test windows or if they’re not named in the matchday squad.
However, for as hard and fast as the rule seems, there are bits shrouded in mystery. Despite the quote above, there are, after all, exceptions.
Last December, we reported that former Cardiff fly-half Jarrod Evans was eligible to play for Wales, despite having moved to Harlequins and being short of the 25-caps required.
Now, without divulging sources, that report was always bang on the money. Heading into this year’s Six Nations, Wales’ management knew for certain the eight-cap fly-half was available for selection because he wasn’t offered a market-value deal in Wales last year.
The 27-year-old was one of a dozen players told by Arms Park bosses that the most they could be offered was significantly lower than what they were on.
But, without any caveat or loophole being in the public domain in black and white, there was always the possibility for crossed wires within the whispers of Welsh rugby.
Evans himself didn’t know what was happening. "To be honest, I don't know if I'm eligible,” he told BBC Sport in January.
Things would only get murkier. Just last week, I was told Rhys Patchell, another Welsh fly-half who headed elsewhere without the requisite 25-caps last year, was eligible for selection in the same manner as Evans, having not been offered a deal to stay in Wales.
So, I went in search for definitive answers and just about got them.
Confusion reigns
The more I dug, the more different sources seemed to believe Patchell was available for the summer, fresh off an impressive Super Rugby debut for the Highlanders. Some even believed that, remarkably, while Patchell was eligible, Evans wasn’t - because Evans was technically offered a deal.
Now, that last part is up for debate. Depending on who you speak to, the Cardiff dozen were either offered incredibly low offers as budgets were slashed at the end of last season, or they were told they wouldn’t even be embarrassed with the only offer Cardiff would muster.
Again, without anything in the public domain, anyone can interpret this possible loophole however they like.
It’s not helped when previous guises of the rule have had differing caveats on this particular matter.
Gatland’s Law - the initial policy introduced in August 2014 - stipulated that a player would not be captured by the law if they were not offered a contract by the WRU or a region, or if they were offered a Welsh-based deal deemed to be below the market value.
However, the 60-cap rule - the successor to Gatland’s Law that was brought in back in 2017 - differed. “There is no caveat around deals offered in the current National Squad Selection policy,” read one piece of correspondence from the WRU back in 2019.
At times, the feeling has been within Welsh rugby that ‘if they want you to play for Wales, they’ll find a way that you do’.
So, with that in mind, I sought genuine clarity on this from the Welsh Rugby Union this week, with the suggestion that Patchell could be another beneficiary of the loophole.
This was the response I got from a PRB spokesperson:
“When the Professional Rugby Board (PRB) and Welsh Rugby Players Association (WRPA) agreed a reduction in the total number of caps a player playing outside of Wales needs to have attained in order for them to be eligible for selection for the national team (down to 25, from 60), a great deal of care was taken to ensure this policy would be as fair as possible in all scenarios whilst still achieving the aim of maintaining player retention.
“In the scenario where a player does not receive a reasonable offer to play for a side in Wales and leaves as a result, but has fewer than 25-caps, the new arrangement allows for the Rugby Management Board (RMB) and PRB to consider the player’s eligibility to play for Wales.
“During this process the RMB will assess whether a fair and reasonable offer was made which would keep the player in Wales. If the RMB decides this is not the case the player can be treated as though his current contract outside of Wales pre-existed his selection for Wales. For clarity, this means that the player would need to return to Wales at the end of his current contract in order to continue to be eligible for selection, but that he also remains eligible for selection for the duration of that current contract.
“In the case of Jarrod Evans, the RMB has deemed him currently eligible for selection on this basis. Rhys Patchell’s case has yet to be considered by the RMB.”
Some clarity, but more questions than answers?
So there you have it. Some clarity at last.
Having not spoken to the Welsh Rugby Union before January, this is more than likely the first time Evans will know for certain that he’s still eligible for selection. It’s a funny way of finding out.
As for Patchell, the door doesn’t seem closed entirely. It will require his case being heard, though.
For Warren Gatland, it’s good news. After the international retirement of Dan Biggar, the fly-half cupboard is lacking experience.
Having Evans, and potentially Patchell, available only boosts those options. Throw in Gareth Anscombe, should he accept Gloucester’s offer, and Callum Sheedy following his move to Cardiff and suddenly it’s not all on the shoulders of Sam Costelow.
Of course, you wonder what Joe Hawkins makes of it all. His international career is on hold, because he joined Exeter Chiefs after having won five caps - causing him to be one of the few victims of the 25-cap rule.
It wasn’t without controversy, with the player seemingly believing he signed an initial heads of terms contract before his first call-up, which would have made him eligible for Wales. The PRB, however, deemed this did not meet their requirements.
Indeed, the Ospreys had a different story, saying they’d held talks with him shortly before his move was announced publicly some time later. There was, naturally, a lot of conflicting information floating around.
Around the same time, there was talk of one uncapped Welsh player considering feigning illness to avoid being called up and captured by the 25-cap rule. In the end, the call-up didn’t materialise and they still remain eligible for Wales.
At the time, Hawkins would certainly have felt hard done by. Certainly, speak to players close to the matter and they’d agree. Conversely, it was understood senior figures at the PRB were unhappy with how the situation had unfolded.
Some thought he was there to be made an example of. Others pointed to the fact that Welsh players were categorically told during last year’s tumultuous Six Nations that Will Rowlands, two caps short of 25 ahead of his move to France being signed, would also not be involved in the World Cup.
Of course, he was allowed to play in the World Cup warm-up games to get him there, with the PRB deeming that Rowlands “does remain available for selection this summer as his registration will still be held in Wales during this time."
That was a bit of a kick in the teeth for Hawkins as it was understood both he and Exeter were willing to delay the start of his contract until after the World Cup, just so he could play in France, but that was rejected by the PRB.
At the time of his departure, Hawkins was still on an academy contract with the Ospreys, earning just £20,000-a-year. Of course, any subsequent deal to stay in Wales would have been on more than that, and there’s always benefits - if not necessarily for the player - in heading to England in terms of larger agent fees.
As someone remarked off-hand a while back, any offer above that £20,000 is likely to be deemed fair and reasonable. That comment is all the more interesting in the light of the PRB’s latest statement, which confirms there’s at least one more exception to the rule than was previously thought.
Even with this latest bit of clarity, there’s always the feeling that something else is masked in the shadow.
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