FAI turns down committee invite after garda 'guidance'

The Football Association of Ireland (FAI) has turned down a request to attend a Joint Oireachtas Committee hearing next week, regarding safeguarding issues, on the basis that it "risks prejudicing ongoing garda investigations".

In a letter sent to committee chair Alan Kelly, and seen by RTÉ News, FAI CEO David Courell said it is with "great frustration, but in line with the garda position, that we will have to respectfully defer the invitation".

Mr Courell said that would remain the FAI position "until such time as the ongoing garda investigation has concluded".

The FAI said it had "respect for the important work" of the committee and had submitted documentation and prepared "diligently" for the encounter.

The FAI noted the assurance from the committee with regard to "avoiding any negative effect on the garda investigation", but added that "conflicting messages from the committee" had created "significant uncertainty and doubt" about the hearing.

The FAI cited four examples of concerns it had with attending the committee meeting.

1. While the scope outlined was safeguarding policies and procedures, 16 materials were requested, 10 of which related directly to specific cases, and therefore fell well beyond the Committee's remit as acknowledged in its correspondence of 11 July.
2. Following provision of official guidance from An Garda Síochána outlining that "it would be preferable to the investigation if any hearing of an Oireachtas Committee, in respect of these particular issues, took place after the criminal investigation has concluded" the Committee continued to request all 16 items.
3. The Committee has maintained its request for documentation bearing on the FAI’s legal obligations not to disclose sensitive information relating to safeguarding complaints under active garda investigation. With respect, the committee has not responded at all to this issue which has been raised repeatedly in previous correspondence and the same suite of documentation has continued to be referenced in Committee correspondence as recently as 17 September.
4. Despite having agreed and confirmed our delegation of four senior representatives, consisting of Chair, President, CEO and People and Culture Director by the agreed date of 11 September, the committee has now sought to add further FAI witnesses at five working days’ notice, including individuals that have no direct role in safeguarding. The nature of this request gives us further reason to doubt the Committee's intentions.

Mr Courell said: "The above aspects give rise to a very real and legitimate concern that any hearing will stray into areas outside of the committee’s stated remit of safeguarding policies and procedures, and risk prejudicing ongoing garda investigations and the rights of third parties.

"We have tried to engage constructively and in good faith, and do not take this decision lightly as we wanted to outline to the committee, the Government, the public our commitment to ensuring the highest safeguarding standards across Irish football.

"However, for the sake of the individuals involved, it would be irresponsible for the Association to participate in circumstances that could jeopardise the course of justice," he added.

'Deeply worrying'

The chair of the Oireachtas Committee on Sports and Media, Alan Kelly said that it was "deeply worrying" that the FAI has withdrawn from its appearance next week, adding its critique of the committee's work is "unprecedented".

Deputy Kelly said the FAI is funded by the taxpayer and had been requested to come before the committee to discuss "safeguarding concerns among other matters".

In a statement he said: "The letter the committee received from the FAI does not in any way explain why they have chosen to take this course. It seems to question the intentions of the committee which is unacceptable and indeed unprecedented."

Deputy Kelly added: "The scope of the meeting hasn't changed in any way. It is deeply concerning that the only thing that has changed is a request from committee members for three additional witnesses. It seems that as a result of this the FAI have made this decision. That is the only conclusion that can be drawn."

Referencing the letter from the FAI CEO, that a Garda investigation was under way, deputy Kelly added: "No Oireachtas Committee would ever operate if a precedent was set by the manner in which the FAI have used such Garda correspondence in its refusal to attend the Oireachtas Committee. The committee will have to consider this in further, greater detail."

He concludes: "Finally, we will also have to correspond with the Minister for Sport in relation to all these matters given that the taxpayer, through the Government, ultimately funds the FAI."