On Wednesday, the powers that run rugby union in the South – the SANZAR “alliance” – failed to agree on how the official changes that see six teams qualify for the Super 14 finals will be contested. There is also confusion as to whether next year’s series will be run under the hybrid ELVs or the global ELVs.

The hybrid rules were used in this year’s series, whereas the forthcoming European tours by the All Blacks, Springboks and Wallabies will be contested under the global rules – as will next year’s internationals.

The major sticking point is South Africa, who bring considerable weight to the table considering the dominance of their viewing audiences. The South Africans want to see the top-six qualifying system utilised under a geographic conference style system that will ensure they are not penalised with the perceived disadvantage of longer travel with African teams.

They also wish to utilise the global ELVs as this ensures continuity and prepares them for their games against the British Lions – which will be played under global rules.

New Zealand and Australia believe that Super 14 qualifying should be played under a top-six format which sees the top two qualifiers rewarded with a first week off in the finals series. However, the wish to continue to use the hybrid laws makes little sense, considering that eventually one would think that the global ELVs will take precedence.

A decision must be made soon, as this causes itinerary issues for all the Super 14 teams when we consider that the Super 14 is all but four months away.

This then brings me to the IRB and the inept administrations of referees' boss Paddy O’Brien. I don’t like to criticise O’Brien as he was a very competent official, but he seems to be going from bad to worse in his governance of the referees and his significant hand in the ELV decision-making.

First, why is there an option for SANZAR to use either the hybrid of global ELVs? More to the point, why, in what was effectively the first year of trial, have different sets of experimental laws? Furthermore, why play early 2008 internationals under old laws, then switch to hybrid laws for the Super 14 and Tri-Nations, then to global laws for the northern season and end-of-year tour?

The great criticism has been consistency, especially in the troubled breakdown area – so the IRB really has stuffed this up by not ensuring a consistent set of ELVs with a definitive agenda of what they are for and when they will be enforced or disregarded.

Despite complaints about excessive kicking, I personally think that beyond a lack of steel in the enforcement of the ruck area (referees are not decisive enough), the game in general has been improved with more time with the ball in play and teams more willing to attack for a try rather than kick.

This, then, brings us to O’Brien’s inane comments regarding these issues, in which he responded to complaints from Leicester coach Heyneke Meyer, Wasps boss Ian McGeechan, Harlequins coach Dean Richards and Saracens director of rugby coach Eddie Jones.

“I think there’s a bit of a myth out there that one of our objectives was to make the game more entertaining, which was not the case”, O’Brien said on the Total Rugby show.

So Paddy, what exactly was the objective of the IRB – to make things more confusing?

The perceived increase in kicking is the general complaint coming from the North, although statistically this is not the case. However, O’Brien did admit that due to the ball being in play longer, it spent longer in the air, but that this was down to the referees. But how do the refs control this?

"Sure, there is a lot of kicking and that is down to other reasons. Until the referees really get harsh at refereeing people on their feet at the tackle, players will not commit to the breakdown and the only way to break defences is by kicking the ball.”

But this is not, then, down to the referees - it is down to O’Brien as their boss. It is his job to ensure that the game is being policed in the correct manner.

The principal difference between the hybrid ELVs and the global ELVs is that the hybrid laws employ 16 variations and a breakdown offence sees a free-kick awarded. The global laws employ 13 different variations, but a penalty is awarded for ruck offences. This would go a long way to cleaning up the confusion, with a harsher penalty being given to ensure that the policing of the ruck is more transparent.

This will the sticking point for the Southern Hemisphere player, as what they could get away at the tackle area in the Super 14 and Tri-Nations will not be allowed for the Northern tours.