Open Letter to Ministers Regarding FAI Reform

7th May 2019

Open Letter

To

Mr. Shane Ross TD

Minister for Transport, Tourism and Sport

Mr. Brendan Griffin TD

Minister of State for Tourism and Sport

Dear Ministers,

I am concerned that the current FAI/Sports Ireland governance review process will not lead to a robust solution for football in Ireland and the reforms implemented will fall short of what is deserved by the hundreds of thousands of football people involved at grassroots level.

I believe that governance reform without fundamental structural change throughout the FAI organisation will be ineffective.

Football in Ireland is not owned by the current directors of the FAI. Nor is it owned by Sport Ireland. It is owned, in the first instance, by the players, coaches and referees and in the second instance by the clubs and leagues that form the backbone of football in Ireland.

What football needs is not another top down solution, but fundamental structural reform built from the bottom up.

The current reform process, the joint Sports Ireland/FAI Governance review, is inadequate:

· Its terms of reference do not appear to adequately address the core issue of the structures of the FAI. As an example, in a recent invitation from the Governance Review Group to FAI members to submit views, the Secretariat of the FAI is not mentioned. The blurring of responsibilities between the Secretariat (administration) and Board (executive decision-making) under the Genesis Report of 2002 was a major catalyst for the current problems;

· The timescale of having the reforms completed by the AGM in July is rushed and therefore unrealistic;

· The football composition of the review group is unsatisfactory. The football input is being provided by two ‘insiders’ from the John Delaney-led regime of the FAI;

o Ms. Walshe is FAI Company Secretary and has been in-charge of governance in the FAI for a number of years. At the 2017 AGM, Ms. Walshe is on record extolling the excellence of governance processes in the FAI!

o Ms. O’Donoghue is a member of the current FAI Board and has been a member of the FAI Council since 1991. This body has failed to carry out its oversight responsibilities; and

o There is no independent ‘football’ member on the Governance Review Group to provide alternative input.

· Do the Chairperson and the two independent members of the Governance Review Group have deep and extensive knowledge of football structures in Ireland? If so, that would be a positive!

Furthermore, the investigations by Mazars, Grant Thornton, the Office of the Director for Corporate Enforcement (ODCE) and the auditor’s complaint to the Companies Registration Office are unlikely to be completed and the consequent recommendations adequately considered and implemented prior to the AGM in July.

Unredacted reports on these investigations must be published as soon as available, so that the football family can understand what has been allowed to happen.

Surely it is an ideal opportunity to have considered, comprehensive reform rather than introducing rushed change on a piecemeal basis.

I have concerns that the FAI Council, which, under current FAI rules, will elect/appoint the next leadership of the FAI, is the same body composed of the same members that has failed in recent years in its supervisory responsibilities. Many of its members are beholden to Mr. Delaney for their position and privileges. Changes to electoral procedures (see point 4 of proposed reforms below) must be introduced before any elections of new leadership take place.

The most likely leadership scenario is that the current Board members, as promised, will resign in advance of the AGM. But then, as suggested recently in the media, most, if not all of the 8 remaining board members, will offer themselves for re-election at the FAI Council Meeting following the AGM in July. Given the current election procedures and the composition of the FAI Council, most, if not all, will succeed in securing re-election. I suggest that such an outcome would result in the absence of credibility for the ‘reformed’ FAI and would not be approved by the majority of the football family.

Ministers, will the legacy of the current reform of Irish football be control reverting to the same people who have contributed to the current debacle?

Despite all the evidence of mis-management and the on-going investigations, the FAI is still controlled by the same Board of Directors. One of the complaints, under investigation by the ODCE may, I believe, have criminal implications. The FAI directors do not appear to have a grasp of the gravity of their responsibilities as directors of a corporate body. Do you consider it appropriate that the FAI, one of the biggest sporting and youth organisations in Ireland, should continue to be managed by the current FAI directors during these investigations? How can this be allowed? The current situation brings to mind the adage of ‘the foxes being in charge of the hen house’!

The very fact that an investigation has been commenced by the ODCE is demonstrable evidence of how concerned the ODCE is with the current state of affairs within the FAI. In this regard it would be foolhardy to rush through reform changes before the outcome of all current reports/investigations have been considered. The outcome of these reports may well impact on the terms of reference of any necessary reform.

If the FAI directors, in their actions and in their omissions to act, receive full exoneration in all the current investigations, then, of course they should be allowed to continue.

I am absolutely aware of the FIFA regulations for the independence of its Member Associations, having worked internationally in this area for ten years. Minister Ross, I support your call for the immediate resignation of the FAI directors. If these directors really had the interests of Irish football as a priority, rather than preserving their positions of privilege, they would do the honourable thing and resign immediately.

I believe there must be radical restructuring of the Football Association of Ireland. Transformation must be powered from the grassroots, not imposed from the top.

The base of involvement in the Association’s structures and governance must be widened significantly to avoid, in the future, a small cabal from dominating its leadership positions and decision-making processes. This has been the root cause of where the FAI currently finds itself.

The major reform proposals should include the following ten areas:

1. The rules of the Association need to be extensively revised to bring them into line with football association best practice. (The current inadequate rules were approved at a general meeting in February 2019!)

2. Every club with 5 or more teams participating in competition should be entitled to have a voting delegate at general meetings. This would increase the democratic accountability in the Association.

3. Coaches, FAI staff, fan organisations and the Professional Footballers Association of Ireland should be represented at general meetings and on the FAI Council and, as relevant, on FAI Standing Committees and on other FAI committees.

4. The leadership of the Association, i.e. the Honorary Officers should be elected at the AGM, rather than, as currently, by the politically controlled FAI Council.

5. The Honorary Treasurer of the Association must have an accountancy qualification from a recognised accountancy body in Ireland or its international equivalent. There must be required qualifications and new guidelines for the members of the Finance and Audit Committees.

6. Five independent directors, with the requisite skills to enhance the management of the Association, should be appointed to the Board of the FAI. An independent director should be Chairperson of the Board.

7. The term General Secretary should replace that of Chief Executive. The role of the General Secretary should accord with FIFA best practice and must focus on administration. The General secretary should not have a vote on the board.

8. The composition of the FAI Council should be radically changed to diversify power within the Association, to reduce the influence of cabals such as the Provincial Associations and to increase the direct influence of clubs and leagues.

9. The responsibilities and powers of the FAI Council should be changed to ensure it becomes an effective supervisory body. Minutes of all FAI meetings must, as was previously the situation, be distributed to Council members.

10. The Rules Commission, which is mentioned in the FAI rules, but whose membership and responsibilities are not defined, should operate at an expert level and with constituent legal expertise. It should be independent of the FAI Board and FAI Council.

I cannot emphasise enough my hope and desire for an excellent outcome for football in Ireland. My belief is that a more considered approach would allow time for a better solution with the conclusions of all investigations into the FAI considered and the resulting reforms implemented. I reiterate my proposal that an interim board manage the FAI for the next 15 months.

I will be asking the football family to endorse the ten reform proposals above through a Campaign for FAI Reform based on social media. I want to demonstrate to you, the desire, at the grassroots level of football, for radical reform.

Yours sincerely

Brendan Menton

Former Treasurer of the FAI

Former General Secretary of the FAI

Former Director for Member Association at the Asian Football Confederation

Former Consultant and Instructor for Member Associations for FIFA