FAI pull out of Oireachtas sitting with five days' notice

The FAI are on a collision course with the Government's Oireachtas committee for sport after withdrawing from next week’s appearance on legal grounds. Pic: ©INPHO/Laszlo Geczo

The FAI are on a collision course with the Government's Oireachtas committee for sport after withdrawing from next week’s appearance on legal grounds.

It’s the second time the embattled organisation has deferred the invitation, triggering anger among politicians eager to pose questions on governance.

The initial invite was tabled after concerns emerged about the association’s handling of the allegations around historical abuse of female players. Horrific cases were detailed in last year’s joint investigation by RTÉ and the Sunday Independent.

Last week, FAI chief executive David Courell confirmed that himself, chairman Tony Keohane, president Paul Cooke and HR Director Aoife Rafferty would attend the Kildare Street summit.

The committee also invited Kirsten ­Pakes, the FAI’s head of safeguarding, and Gareth Maher, media manager of the FAI women’s squad.

Eileen Gleeson, who is currently suing her employer seeking equality of pay with the men’s team manager, recently received an invite too.

This has hardened the FAI’s resistance, noting: “The nature of this request gives us further reason to doubt the Committee’s intentions.”

Courell today sent apologies to the committee lead, Labour TD Alan Kelly.

“The FAI wishes to place on record our respect for the important work of the Joint Committee and have endeavoured at all times to engage with the Committee in good faith and in a spirit of cooperation.

“As per the schedule, we recently confirmed our attendees, submitted documentation and have been preparing diligently for the session.

“However, as we have consistently outlined, we have serious reservations about the potential of this session to compromise an ongoing An Garda Síochána investigation, which have been amplified by the most recent correspondence.

“We note and appreciate that the Committee has, in its correspondence (with the exception of the most recent letter) sought to reassure the Association that 'it does not have any role in examining or inquiring into any specific case. It also fully appreciates the importance of avoiding any negative effect on any Garda investigation or possible prosecution. The Committee has no intention of inquiring into matters that are under investigation'.”

It pointedly added: “Nonetheless, despite our repeated clarification of the limits of what can appropriately be provided or discussed, there hasbeen conflicting messaging from the Committee which has created significant uncertainty and doubt around the scope of the hearing.

“The initial invite related to general safeguarding policies and procedures – a topic that we are comfortable outlining our positive work in this space.

“Yet, at each turn, the origin of the invite as referenced in the Dail on the June 17 has continued to linger.In particular, we would highlight the following points:

“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 11th July.

"Following provision of official An Garda Síochána guidance (see appendix) 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.

“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 An Garda Síochána 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 September 17.

“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 September 11, 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 Committees intentions.

"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 and 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.

"The FAI therefore, in line with the stated Garda position, respectfully defer the invitation to attend on September 24 until such time as the ongoing Garda investigation has concluded.”

Paul Cooke, in his email to FAI members, said: “The association is willing and prepared to discuss with the committee its policies and procedures on safeguarding as this is a priority area within Irish football.

“However, it is clear, from correspondence from the committee, that we cannot be assured that specifics of any case will not be discussed and the Association cannot be put in a position that may prejudice an ongoing investigation by An Garda Síochana.”