View Full Version : Player eligibility row
ArdeeBhoy
26/03/2010, 11:14 AM
You said it.
Especially these quotes.
'Indeed, I have had exactly the same reaction here i.e. "what are you even doing on this Board?" etc. Imo, the proper reaction is to stand your ground and make your point (ideally without resorting to the sort of weak or "silly" argument you employ, when backed into a corner).'
And then:
'You may not be aware of it, but one of the posters with whom you have had the strongest run-ins is actually a fellow Donegal man. However, unlike you, he supports a local club team (Harps), not one from another county (country?) at all...'
'the de facto sectarian nature of the FAI's recruitment policy, as every new case of defection emerges, the incontrovertible fact that they are exclusively from the Nationalist/Catholic community, combined with the equally incontrovertible evidence of the FAI being prepared to make the first approach, points ever more directly to the point that they are only offering opportunities to one community in NI. Which, considering the FAI's deceit over "not making the first approach", makes sense i.e. if they were to approach promising youngsters from the Unionist/Protestant community, they would risk being turned down flat, and their activities being exposed for all to see.'
Says it all.
The same clown referred to us once again as 'Beggars', as recently as yesterday on the bigot board.
Unsure which is worse, the Paranoia or Hypocrisy?
DannyInvincible
26/03/2010, 12:24 PM
There are of course Associations that do not represent sovereign nations including the 4 "Home Nations" of the UK and Faeroe Islands which is still under Danish sovereignty. I think the brad principle has been conceded that Associations are not necessarily based on sovereign political jurisdictions
Indeed. I wasn't necessarily overlooking that fact. However, I think those are exceptions that were granted membership of FIFA under previous rules that no longer apply to world football, as far as FIFA's executive committee is concerned anyway. I suppose you could say they've been given de facto special dispensation to continue existing, to use EalingGreen terminology. ;)
I read recently about Gibraltar's failed application to enter UEFA/FIFA. Gibraltar, I believe, shares many similarities in its political status to the likes of the Faroe Islands. While UEFA accepted the Gibraltarian application and forwarded it to FIFA, FIFA then rejected it, possibly on grounds of questionable sovereignty or something, although I'd have to confirm that. The suspicion, though, was that the real reason FIFA rejected the application was because it didn't want to open a political can of worms; Spain were threatening to boycott any competition in which Gibraltar would compete if FIFA gave recognition to a Gibraltarian national team.
http://en.wikipedia.org/wiki/Gibraltar_national_football_team#Application_for_m embership_of_FIFA_and_UEFA
The decision was made on December 8, 2006 that Gibraltar will be made provisional members of UEFA: FIFA had announced two days earlier that their executive committee had "ruled that Gibraltar does not meet the statutory requirements to become a FIFA member", despite the fact that the Court of Arbitration in Sport had already ruled to the contrary.
On January 26, 2007 Gibraltar membership had been rejected by the UEFA Board with only 3 out of 52 votes supporting Gibraltar's claim. Spain was the strongest opponent to Gibraltar joining UEFA, even threatening to boycott any competition in which the Gibraltar national team would compete.
So, where all that would leave a possible all-Ireland team, I'm not sure...
DannyInvincible
26/03/2010, 1:06 PM
These appear to be the rules that govern membership:
II: Membership
Article 10: Admission
1. Any Association which is responsible for organising and supervising football in its country may become a Member of FIFA. In this context, the expression “country” shall refer to an independent state recognised by the international community. Subject to par. 5 and par. 6 below, only one Association shall be recognised in each country.
2. Membership is only permitted if an Association has already been a provisional member of a Confederation for at least two years.
3. Any Association wishing to become a Member of FIFA shall apply in writing to the FIFA general secretariat.
4. The Association’s legally valid statutes shall be enclosed with the application for membership and shall contain the following mandatory provisions:
(a) always to comply with the Statutes, regulations and decisions of FIFA and of its Confederation;
(b) to comply with the Laws of the Game in force;
(c) to recognise the Court of Arbitration for Sport, as specified in these Statutes.
5. Each of the four British Associations is recognised as a separate Member of FIFA.
6. An Association in a region which has not yet gained independence may, with the authorisation of the Association in the country on which it is dependent, also apply for admission to FIFA.
7. The Regulations Governing the Application of the Statutes shall regulate the details of the procedure for admission.
8. This article shall not affect the status of existing Members.
http://www.fifa.com/mm/document/affederation/federation/01/24/fifastatuten2009_e.pdf
Seeing as the whole of the island of Ireland isn't "an independent state recognised by the international community", I can't see how a new association could be established and gain admission, unless the executive committee could grant some sort of exception and both existing associations were willing. Whether the association of one state could subsume another association in another state is a different matter. It would appear that those rules don't really cover that possibility.
co. down green
26/03/2010, 2:34 PM
Irish Footballing Apartheid, eh? :p
Indeed, the IFA complaining about Apartheid lol :)
As regards Predator's link, former ni boss Brian Hamilton has been a vocal supporter of an all Ireland team for years, just as Jennings, Martin O'Neill, George Best, Dougan and Lennon have been.
Was Hamilton having a dig at Worthington over his handling of the eligibility issue when he said managers should stick to the football and leave the other stuff out of their press interviews.?
Intersting to hear him talk about players deciding to represent Ireland rather than the North back in the 90's. He certainly seems to accept the fact that players have always had the right to choose and that their choice should be accepted.
Perhaps he could have a word with the IFA grand wizard at Windsor Avenue and tell him to move on, as there seems to be plenty of England underage internationals willing to fill the ranks of the North's team at the moment.
osarusan
26/03/2010, 2:42 PM
The same clown referred to us once again as 'Beggars', as recently as yesterday on the bigot board.
Unsure which is worse, the Paranoia or Hypocrisy?
Posts like this make me think you're not too familiar with the meaning of hypocrisy, so I'll go with paranoia.
Gather round
26/03/2010, 6:33 PM
I'm aware that Serbia and Montenegro represented the two independent states at one point in time but that was more out of convenience/necessity due to the fact that Montenegro had only just been granted its independence in the midst of official competition. If I'm not mistaken, the current Serbian team is recognised as that team's successor. How do FIFA decide who should succeed in such cases?
What tended to happen in post-communist Europe was that new/ revived, smaller countries (eg Estonia, Slovenia) broke away from the larger, dominating power (Soviet Union, Yugoslavia) leaving the rump (Russia, Serbia) as the 'successor' inheriting the past playing record etc.
If Belgium ever splits (probably the most likely scenario in western Europe), things might get interesting. Assuming the Flemings launch the breakaway, the Walloons might argue that despite only 40% of the population (and less that of the decent football teams) they deserve to maintain their ranking while the Flems get kicked down into pot six?
And have some strange ditty apparently about their 'own' Steve Beaglehole and a canine's rear end
Guilty as charged yer honor (and call the witness GSpain for the defence). Unbounded as is my admiration for our U-21 supremo, even by NI standards he has a very silly name.
seanfhear
26/03/2010, 6:35 PM
An organisation controlled by Orangemen would be wise not to spout stuff about Apartheid.
Really if the IFA are serious about attracting players from all sections of society in NI then they should remove the members of the Orange Order from its ranks.
Gather round
26/03/2010, 6:40 PM
Really if the IFA are serious about attracting players from all sections of society in NI then they should remove the members of the Orange Order from its ranks
They already attract players from all sections of society (although presumably that would change if they had a ban on Orange Order members).
seanfhear
26/03/2010, 6:48 PM
They already attract players from all sections of society (although presumably that would change if they had a ban on Orange Order members).
There is recent evidence that for whatever reasons players from some sections of NI society are not inclined to play for NI.
If the IFA are interested in attracting as many players as possible from all sections of NI society then it would surely be beneficial to distance itself from an organisation that holds the views that the Orange Order does. There should be no place in the IFA for Orangemen if the IFA are serious about wanting players from all sections of NI society.
Gather round
26/03/2010, 7:02 PM
Sean- while I share your distaste for the Orange Order, I think you overstate their 'place' in the IFA. In practice replacing Raymond Kennedy with a left-wing atheist wouldn't of itself change either the nature of the organisation nor the likelihood of players from nationalist areas wanting to play, or not.
ArdeeBhoy
26/03/2010, 7:03 PM
Posts like this make me think you're not too familiar with the meaning of hypocrisy, so I'll go with paranoia.
Clearly you don't read their MB. In that context, it's them taking a 'holier than thou attitude' about them and all things relating to the Irish football team, whilst allowing EG et al to describe us in whatever terms they see fit.
It's nothing new, so basically don't expect rapid change.
seanfhear
26/03/2010, 7:15 PM
Sean- while I share your distaste for the Orange Order, I think you overstate their 'place' in the IFA. In practice replacing Raymond Kennedy with a left-wing atheist wouldn't of itself change either the nature of the organisation nor the likelihood of players from nationalist areas wanting to play, or not.
Good to hear your view of the Orange Order and you are probably correct that replacing Raymond Kennedy with a left wing athiest would not have immediate effect but the symbolism of the IFA distancing itself from the Orange Order should not be underestimated in the longer term.
DannyInvincible
26/03/2010, 11:12 PM
What tended to happen in post-communist Europe was that new/ revived, smaller countries (eg Estonia, Slovenia) broke away from the larger, dominating power (Soviet Union, Yugoslavia) leaving the rump (Russia, Serbia) as the 'successor' inheriting the past playing record etc.
If Belgium ever splits (probably the most likely scenario in western Europe), things might get interesting. Assuming the Flemings launch the breakaway, the Walloons might argue that despite only 40% of the population (and less that of the decent football teams) they deserve to maintain their ranking while the Flems get kicked down into pot six?
Are you aware of any rules that deal with such scenarios or is the final decision left to the whim of FIFA's executive committee; those honourable custodians of all that is beautiful in our game? Generally, it seems that those states who break away from an existing state with a recognised team to form a new state are the ones left with the clean slate. I suppose that makes sense as the new state also begins with a clean constitutional slate. Indeed, that's what occurred when the FAI broke away from the IFA after partition, in spite of the inferior population of the IFA's jurisdiction, so you're probably right about Belgium, if ever it was to split.
An organisation controlled by Orangemen would be wise not to spout stuff about Apartheid.
Your persistence is a parody of the way in which NI fans speak of the FAI, right?
dantheman
27/03/2010, 12:46 PM
http://www.rte.ie/sport/soccer/2010/0324/allirelandsoccer_av.html
Not sure if already posted. Discussion here.
seanfhear
27/03/2010, 1:02 PM
Your persistence is a parody of the way in which NI fans speak of the FAI, right?
Yeah maybe !
People in Glass houses firing canons and all that jazz ! !
Jamjar
27/03/2010, 1:16 PM
Couldn't be arsed reading all the posts on this thread, but presumably now its a mute argument as with the passport office go slow it'll be years before any NI players can get their ROI passports anyway.
DannyInvincible
27/03/2010, 1:21 PM
Couldn't be arsed reading all the posts on this thread, but presumably now its a mute argument as with the passport office go slow it'll be years before any NI players can get their ROI passports anyway.
I think it's been mentioned already that it has nothing to do with passports. Irish citizenship is a birthright for those born in Northern Ireland. They don't necessarily require a passport to exercise it or identify as Irish. A passport simply amounts to a form of identification.
...As far as my understanding goes anyway, unless someone would like to correct me.
Jamjar
27/03/2010, 1:33 PM
I think it's been mentioned already that it has nothing to do with passports. Irish citizenship is a birthright for those born in Northern Ireland. They don't necessarily require a passport to exercise it or identify as Irish. A passport simply amounts to a form of identification.
...As far as my understanding goes anyway, unless someone would like to correct me.
It was meant to be a joke....but, they'd need their passports for the away games.
DannyInvincible
27/03/2010, 2:24 PM
It was meant to be a joke....but, they'd need their passports for the away games.
I'm aware it was a joke but I just thought it gave a false representation of the facts that apply here. Not to be a kill-joy or nout. :p
If my understanding is correct, though, the likes of Darron Gibson might be able to travel and represent Ireland on a British passport, but I couldn't be sure. Strange, but maybe technically possible. Maybe someone could confirm that. I do know that the IFA, for example, allow players from the north with Irish passports to represent Northern Ireland, but when they are representing Northern Ireland, they are still exercising their British nationality, despite maybe not even possessing a British passport.
ArdeeBhoy
28/03/2010, 2:07 AM
I think it's been mentioned already that it has nothing to do with passports. Irish citizenship is a birthright for those born in Northern Ireland. They don't necessarily require a passport to exercise it or identify as Irish. A passport simply amounts to a form of identification.
...As far as my understanding goes anyway, unless someone would like to correct me.
To Jj, my siblings born in the North, have both held Irish passports for 20 years or more.
And my niece and nephews. for much less. They're half-English, but until they decide otherwise.... our kid was born in Doire!
ArdeeBhoy
28/03/2010, 2:26 PM
And drinking with/talking to some Nordie fans :rolleyes: yesterday, one of whom expected an AI-team within 10 years. And said he'd support it, even though was against the idea.....
yapster
29/03/2010, 3:26 AM
Born on the Island of Ireland means you are Irish....
osarusan
29/03/2010, 10:49 AM
Born on the Island of Ireland means you are Irish....
Legally, not always-
http://www.citizensinformation.ie/categories/moving-country/irish-citizenship/irish_citizenship_through_birth_or_descent
Born on the Island of Ireland means you are Irish....
Legally, not always-
http://www.citizensinformation.ie/categories/moving-country/irish-citizenship/irish_citizenship_through_birth_or_descent
and so the vicious circle of information, counter-information and confusion begins again....
Gather round
29/03/2010, 5:06 PM
Are you aware of any rules that deal with such scenarios or is the final decision left to the whim of FIFA's executive committee?
No idea, sorry. Still, all the Belgians I know, and foreigners living there, think any split's a way off. It's conceivable the divorce could be nasty (with a protracted custody battle for the kids, car, plasma TV and that bit in the hills where they speak German). If so, Onkel Sepp might stick both factions in pot 6 as a punishment.
No idea, sorry. Still, all the Belgians I know, and foreigners living there, think any split's a way off. It's conceivable the divorce could be nasty (with a protracted custody battle for the kids, car, plasma TV and that bit in the hills where they speak German). If so, Onkel Sepp might stick both factions in pot 6 as a punishment.I remember them saying the same about Yugoslavia the day after Slobodobochops gave that infamous speach in Pristina. :bashed:
co. down green
31/03/2010, 9:41 AM
England looking their players back
http://www.belfasttelegraph.co.uk/sport/football/local/back-off-our-players-ifa-warn-english-14748583.html
Perhaps the IFA should contact CAS again :)
kingdomkerry
31/03/2010, 10:21 AM
Such hypocrits
geysir
31/03/2010, 1:58 PM
Hicks :D Every time an IFA official opens their mouth, the hole gets bigger.
They would have been better off shutting up and playing the suffering sheep card. Now they have the appearance of some uncouth kid in the kindergarten who thinks he has the right to play with everyone's toys, but gets furious when someone makes a move for one of his, crying 'but you only want it when I have been playing with it'.
Perhaps the IFA should contact CAS again :)
Is that case with CAS likely to go anywhere?
These players are born within Northern Ireland
These players are eligible for citizenship for both Ireland & Northern Ireland
???
These players can only play for Northern Ireland
I'm trying to think from the IFA's perspective, what is point 3 going to be? Even making the argument that many players have been capped at U21 and lower levels for Northern Ireland, point 2 is the key to declaring or switching allegiances (with every FIFA nation).
Maybe CAS or the IFA fancy renegotiating the Good Friday agreement?
DannyInvincible
31/03/2010, 2:30 PM
Comical hypocrisy. I thought it was April Fool's Day, but not just yet.
That chap McKinley is quite clearly a buffoon. His past offerings haven't amounted to much either. Cheap journalism with a blatant bias.
The on-going eligibility row with the Football Association of Ireland, who claim that northern-born players are fair game and qualify by birth to represent the Republic of Ireland, is heading for the Court of Arbitration for Sport in the coming months after the IFA’s frustration over FIFA’s failure to make a satisfactory decision over the issue reached breaking point.
The way he articulates that is very deceptive. The FAI aren't the only ones who "claim" that northern-borns are eligible (or "fair game", as he puts it, as if to suggest the FAI are encroaching on forbidden territory to poach animals) to play for Ireland. FIFA have affirmed and reiterated at least once or twice already. Likewise, there has been no "failure to make a satisfactory decision". FIFA's rules are clear, FIFA have emphasised that point and the just because the IFA are taking it thick and throwing their toys out of the pram, doesn't mean there's been no final decision made by FIFA. FIFA are satisfied; that's all that matters really. The CAS will uphold FIFA's rules as FIFA interprets them because there is only one way in which they can be interpreted.
Then, there are more unfounded and misleading claims about the FAI "going after them" by Beaglehole, as if it's all pull and grab-what-you-can from the FAI. More nonsense that only masks the uncomfortable truth that these players have come to the decision themselves that they just don't want to play for Northern Ireland.
geysir
31/03/2010, 5:37 PM
You really could not make this stuff up.
aka 'We did not poach that player, we helped released him from the difficulties of his circumstance'
Beaglehole “When we found out Norwood was eligible for us we were told that he hadn’t particularly enjoyed his experience with England, so we made our approach."
Mr_Parker
31/03/2010, 6:59 PM
That chap McKinley is quite clearly a buffoon. His past offerings haven't amounted to much either.
Last week he announced that the Irish Cup Final was being postponed for two weeks. This appeared in the first edition and online but was quickly withdrawn as it was pointed out that it didn't have any substance. However he is by far not the worst on this topic. That crown goes to Paul Ferguson who writes for the sister paper the Sunday Life. He has been peddling the same nonsense for years now and just doesn't get it, spouting unreseasearch GAWA claptrap usual sorced from OWC.
Predator
01/04/2010, 12:10 AM
Beaglehole said:
"Carl told me he didn’t have the passion to play for Northern Ireland that he would if it was England. I asked him if he’d been approached by the Republic, but he denied that and I’ll be very angry if that’s where he ends up." OK, I can understand that Beaglehole may not appreciate having the wool pulled over his poor wee eyes, but ultimately, it's the player's choice and he can't really be justifiably angry. If Magnay was eligible for another country other than the Republic, would he be 'very angry' if he opted for them? Or is it just because it's the Republic?
Beaglehole said:
"The Republic don’t go for these lads when they are 16, it’s only when they’ve played for us and they see that they’re good enough they go after them and it makes everyone angry."
This is an absolutely idiotic comment. In fact, one might go as far as to say that it's a complete lie*. It's just another way of claiming that the FAI are 'poaching', depicting them as a seedy character sneaking around and stealing the best players - which isn't the case at all. The fact is the Republic don't have to 'go for' anyone; the players that have currently declared have done so themselves and almost every one of them has come out and said that it was always a dream to represent the Republic. This outrage captures the refusal to acknowledge the situation for what it is. He claims that it 'makes everyone angry'. Sorry Steve, but that's international football. It's in the rules. I wonder does he consider his recruitment policy for NI as poaching? Following his accusatory language, he must realise he has 'stolen' players from England, like Norwood et al.
*Point of information Beaglehole: Patrick McEleney, among others, declared for Ireland at around 16, when the only NI games he had played were schooboy level.
I suppose I shouldn't be taking the man too seriously, after all, this is the guy who came out in the national press and publicly lambasted his U21s after their defeat to Iceland. He insisted that some of the players would never play again. A terrible thing to say - shifting all blame onto the kids, some of whom were still only 17. Great professionalism there huh?
DannyInvincible
01/04/2010, 8:26 PM
If Magnay was eligible for another country other than the Republic, would he be 'very angry' if he opted for them? Or is it just because it's the Republic?
That's an interesting observation actually. The way Beaglehole phrases that might suggest he'd be angrier for the player to end up playing with us more than anything else. Seemingly it would be more tolerable if he ended up playing for England or no international side at all, as long as he didn't represent us beggars. That would be just the ultimate sin! I'd argue that it's indicative of an unhealthy and paranoid keeping-up-with-the-Joneses-type mindset prevalent within Northern Irish football that is obsessed with what's happening south of the border. He, along with many others, needs to get it into his head that his players are not being stolen.
This is an absolutely idiotic comment. In fact, one might go as far as to say that it's a complete lie.
Indeed. He's either delusional or it's another curtain of deception. The FAI aren't waiting around on the sidelines and then snatching the IFA's crème de la crème, and certainly not for the mere sake of snatching the IFA's crème de la crème. There has been plenty of Northern Irish talent whom the FAI haven't "gone after" because there's been plenty of Northern Irish talent that hasn't expressed any interest in representing Ireland. They're offering an opportunity to play for Ireland to those players who wish to represent Ireland and happen to be good enough to do so. It's not some active effort to **** the IFA over here. The FAI are offering players the very same choice that the IFA are offering. Some happen to prefer the choice offered by the FAI and they're entirely within their rights to do so and act on it.
DannyInvincible
02/04/2010, 7:44 AM
Is that case with CAS likely to go anywhere?
These players are born within Northern Ireland
These players are eligible for citizenship for both Ireland & Northern Ireland
???
These players can only play for Northern Ireland
I'm trying to think from the IFA's perspective, what is point 3 going to be? Even making the argument that many players have been capped at U21 and lower levels for Northern Ireland, point 2 is the key to declaring or switching allegiances (with every FIFA nation).
Maybe CAS or the IFA fancy renegotiating the Good Friday agreement?
The case with the CAS will go nowhere. The IFA are asking the CAS to ensure that FIFA uphold their own statutes, which, of course, FIFA have been doing and re-affirming for some time now.
I'll explain in more detail below, but the IFA's case, presumably - because I can't see how else they might begin arguing that northern-born Irish nationals aren't eligible to play for Ireland - is that Irish nationality allows players to represent two associations - either the FAI or the IFA - thereby invoking article 16 of the FIFA statutes on eligibility (quoted below). Of course, this isn't the case at all as a Dublin or Cork-born Irish national has no entitlement to represent Northern Ireland, but I imagine that they are basing their belief that they can convince the CAS to over-rule FIFA's interpretation of their own statutes on the fact that they permit northern-born players in possession of Irish passports to represent Northern Ireland. Of course, whilst these players might possess Irish passports and Irish nationality - nationality is not dependent on holding a passport, by the way - they are actually exercising their simultaneously-held British nationality by birth to represent Northern Ireland.
Officially-speaking, you can still hold an Irish passport if born in Northern Ireland despite also being a British national. Northern Ireland fans can talk of this "ironically" being the “intolerant” position and can moan about how it falls foul of the rhetoric and aspirations of the Good Friday Agreement, but these are indisputable facts and you can't have intolerant facts; only intolerant opinions. A passport is just a form of identification, as far as FIFA are concerned. Or a form of proof of nationality, if needs be, although I'd imagine a birth certificate or other relevant documents would similarly satisfy as proof of nationality. Of course, people born in Northern Ireland don't have to identify as British nationals either – despite automatically being so by birth - but in representing Northern Ireland, they would be exercising that nationality. If Irish nationality did indeed entitle players to represent Northern Ireland, that would invoke article 16 from FIFA's statutes relating to player eligibility, which I have already mentioned and quoted below. Irish nationality entitles Irish nationals to do no such thing, obviously, but the IFA appear to think that this is actually the article that ought to apply in these “defection” cases.
These are all the articles relevant to player eligibility for representative teams:
VII. ELIGIBILITY TO PLAY FOR REPRESENTATIVE TEAMS
15 Principle
1. Any person holding a permanent nationality that is not dependent on residence in a certain country is eligible to play for the representative teams of the Association of that country.
2. With the exception of the conditions specified in article 18 below, any Player who has already participated in a match (either in full or in part) in an official competition of any category or any type of football for one Association may not play an international match for a representative team of another Association.
16 Nationality entitling players to represent more than one Association
1. A Player who, under the terms of art. 15, is eligible to represent more than one Association on account of his nationality, may play in an international match for one of these Associations only if, in addition to having the relevant nationality, he fulfils at least one of the following conditions:
(a) He was born on the territory of the relevant Association;
(b) His biological mother or biological father was born on the territory of the relevant Association;
(c) His grandmother or grandfather was born on the territory of the relevant Association;
(d) He has lived continuously on the territory of the relevant Association for at least two years.
2. Regardless of par. 1 above, Associations sharing a common nationality may make an agreement under which item (d) of par. 1 of this article is deleted completely or amended to specify a longer time limit. Such agreements shall be lodged with and approved by the Executive Committee.
17 Acquisition of a new nationality
Any Player who refers to art. 15 par. 1 to assume a new nationality and who has not played international football in accordance with art. 15 par. 2 shall be eligible to play for the new representative team only if he fulfils one of the following conditions:
(a) He was born on the territory of the relevant Association;
(b) His biological mother or biological father was born on the territory of the relevant Association;
(c) His grandmother or grandfather was born on the territory of the relevant Association;
(d) He has lived continuously for at least five years after reaching the age of 18 on the territory of the relevant Association.
18 Change of Association
1. If a Player has more than one nationality, or if a Player acquires a new nationality, or if a Player is eligible to play for several representative teams due to nationality, he may, only once, request to change the Association for which he is eligible to play international matches to the Association of another country of which he holds nationality, subject to the following conditions:
(a) He has not played a match (either in full or in part) in an official competition at “A” international level for his current Association, and at the time of his first full or partial appearance in an international match in an official competition for his current Association, he already had the nationality of the representative team for which he wishes to play.
(b) He is not permitted to play for his new Association in any competition in which he has already played for his previous Association.
2. If a Player who has been fielded by his Association in an international match in accordance with art. 15 par. 2 permanently loses the nationality of that country without his consent or against his will due to a decision by a government authority, he may request permission to play for another Association whose nationality he already has or has acquired.
3. Any Player who has the right to change Associations in accordance with par. 1 and 2 above shall submit a written, substantiated request to the FIFA general secretariat. The Players’ Status Committee shall decide on the request. The procedure will be in accordance with the Rules Governing the Procedures of the Players’ Status Committee and the Dispute Resolution Chamber. Once the Player has filed his request, he is not eligible to play for any representative team until his request has been processed.
I'll deal with article 15 now for the moment. To put that article in language relevant to the situation here, it would read: “Any person holding permanent Irish nationality that is not dependent on residence in Ireland is eligible to play for the representative teams of the Association of Ireland; the FAI.”
That's pretty clearcut. There is no way in which Irish nationality might permit someone to represent Northern Ireland as the IFA is not the association of Ireland. The CAS will interpret FIFA's rules in the same way FIFA do. I simply cannot see how they might be interpreted in any other way. Article 15.1 above there is what enables northern-borns to represent Ireland as they are persons "holding a permanent [Irish] nationality that is not dependent on residence in [Ireland]". Their Irish nationality is a birthright, so it's all pretty clear and obvious. Nothing ambiguous about that.
Meanwhile, article 15.2 there doesn't apply to players like Gibson and Duffy who've already represented Northern Ireland at under-age level internationally as article 18 permits players to change association once if they have yet to play in official competition at “A” level, just so long as they held the nationality of the country to which they seek to change before representing, say, Northern Ireland. Of course, Irish nationality is a birthright of all those born in Northern Ireland, so Gibson and Duffy are deemed Irish from birth (Duffy's father is also an Irish national born in the territory of the FAI anyway). So, that satisfies the rules applying to a change of association and the likes of Gibson or Duffy fall foul of nothing in the statute there as it doesn't apply to them by way of the exception in article 18.
(I'll continue this in the following post as there appears to be a character limit.)
DannyInvincible
02/04/2010, 7:54 AM
(Continued...)
Article 17 confuses me slightly – I don't understand how a player can refer to another article in the FIFA statutes to assume a new nationality, unless I'm misreading that - but I don't think it can apply here as it relates to those who acquire a new nationality (generally through ancestry, and, presumably, also through residency, although the explicit reference to article 15, which refers to nationality not dependent on residence, convolutes it a bit and perplexes me; maybe someone could help clarify what is meant by the reference to article 15 for me?). Those born in the north are not assuming a new nationality seeing as dual nationality is a birthright. One cannot acquire a certain nationality at any point in their life if it is already assumed that they have possessed that nationality from birth once they have acted or made it known they wish to exercise it. (See section 6 of the Irish Nationality and Citizenship Acts 1956 to 2004: http://www.inis.gov.ie/en/INIS/consolidationINCA.pdf/Files/consolidationINCA.pdf)
Citizenship by birth in the island of Ireland
6.—(1) Subject to section 6A (inserted by section 4 of the Irish Nationality and Citizenship Act 2004), every person born in the island of Ireland is entitled to be an Irish citizen.
(2) (a) Subject to subsection (5), a person who is entitled under subsection (1) to be an Irish citizen shall be an Irish citizen from the date of his or her birth if—
(i) he or she does any act that only an Irish citizen is entitled to do, or
(ii) in the case of a person who is not of full age or who is suffering from a mental incapacity, any act is done on his or her behalf that only an Irish citizen is entitled to do.
(b) The fact that a person so born has not done, or has not had done on his or her behalf, such an act shall not of itself give rise to a presumption that the person is not an Irish citizen or is a citizen of another country.
I assume that performing “any act that only an Irish citizen is entitled to do” would be to do something like apply for an Irish passport. Of course, as mentioned, even if a person has not, say, applied for an Irish passport, it will not be consequently assumed that this person isn't Irish, nor will it be assumed that this person somehow wasn't Irish until they might have performed this act.
That leaves us with article 16. The purpose of article 16 is to distinguish what players can play for what association in jurisdictions such as the UK where there exists a single nationality but more than one “national association”. In the case of the UK, there is an association representing each constituent country. There are no English, Northern Irish, Scottish or Welsh nationalities; just a single, all-encompassing British nationality. If there was a British team, both David Healy and David Beckham, for example, would be entitled to represent it. Seeing as there is more than one association within the UK, however, a link to the specific territory of a particular association satisfying one of the four mentioned criteria is required to play for whichever particular association a player wishes to represent.
As for claims that the nationality of northern-borns permits them to play for more than one association, they demonstrate a complete misunderstanding of the concept of nationality. There is no single nationality “Irish-British” or "British-Irish" that would enable such. If a northern-born does indeed hold Irish nationality along with British nationality, both are treated as two distinct nationalities. He holds “dual nationality” - two separate nationalities concomitantly - or “multiple citizenship” (See: http://en.wikipedia.org/wiki/Multiple_nationality); not some single combined amalgamation that creates some new morphed nationality with cross-over rights and whatnot. By exercising his British nationality, he can represent Northern Ireland, and by exercising his birthright to Irish nationality, he can represent Ireland. A player cannot represent more than one association on account of his Irish nationality.
And so, I think that covers every possible angle, ha. Obviously, that's my reading of it all and, by this point, I'm just seeing blocks of words on a page that give me a headache I've re-read this so many times to ensure I'm making consistent sense, but if anyone can see any discrepancies, thinks I've got something wrong or could clarify or articulate something better, I'd be grateful if they'd point it out or do so. I think I've probably repeated myself quite a bit as well; apologies. It's just difficult to get your head around the way some things are worded. :)
geysir
02/04/2010, 11:34 AM
(Continued...)
Article 17 confuses me slightly – I don't understand how a player can refer to another article in the FIFA statutes to assume a new nationality, unless I'm misreading that -
It is not that the player refers to article 15, it is article 17 applies to players who already qualify under article 15 to play for an association and are now acquiring a second/new nationality to qualify to play for the association of their acquired/new nationality.
DannyInvincible
02/04/2010, 9:54 PM
It is not that the player refers to article 15, it is article 17 applies to players who already qualify under article 15 to play for an association and are now acquiring a second/new nationality to qualify to play for the association of their acquired/new nationality.
Ah, I see. Cheers. I assumed that is what it meant but ended up over-complicating matters and getting bogged down in how it was expressed.
Charlie Darwin
02/04/2010, 10:55 PM
This is getting hilarious. They're lashing out at England for trying to get English-born players to switch allegiances back from NI.
http://www.belfasttelegraph.co.uk/sport/football/local/back-off-our-players-ifa-warn-english-14748583.html
Gather round
03/04/2010, 8:56 AM
This is getting hilarious. They're lashing out at England for trying to get English-born players to switch allegiances back from NI.
http://www.belfasttelegraph.co.uk/sport/football/local/back-off-our-players-ifa-warn-english-14748583.html
Glad it amuses you, but this is a non-story. Norwood can't play for England at any level unless and until the rules are changed again (as he's already moved once); England aren't bothered about the rules as they stand; Hodson isn't going to get in the England U-21 set up from a struggling Watford side.
ArdeeBhoy
03/04/2010, 10:37 AM
Er, we know. It's their Hypocrisy.....
DannyInvincible
03/04/2010, 2:57 PM
It is not that the player refers to article 15, it is article 17 applies to players who already qualify under article 15 to play for an association and are now acquiring a second/new nationality to qualify to play for the association of their acquired/new nationality.
I'm just wondering, under what specific types of circumstance might or might not article 17 come into play? Presumably assuming a new nationality refers to acquiring a nationality that takes effect from the moment of acquisition at any point in a player's life, whether he's aged, say, 10, or in the middle of his career at 25? Is this correct? If an entitled northern-born player is deemed an Irish national from birth upon the performance of an act only an Irish person can do, he can't be deemed to be acquiring a new nationality if the retroactive assumption of the legislation is that he was always Irish in the first place. However, if the nature of conferring Irish nationality to northern-born persons was different, might article 17 come into play? Would it come into play, for example, if Irish nationality was only assumed from the date of acquisition (can this be considered a permanent nationality?) rather than from the date of birth?
geysir
03/04/2010, 5:48 PM
I'm just wondering, under what specific types of circumstance might or might not article 17 come into play? Presumably assuming a new nationality refers to acquiring a nationality that takes effect from the moment of acquisition at any point in a player's life, whether he's aged, say, 10, or in the middle of his career at 25? Is this correct?
It doesn't matter when the player acquires the new nationality. What matter re his eligibilty to play for his new association is that he further satisfies the criteria outlined in the rest of article 17.
The criteria was set out like that to prevent say Brazilians being eligible to play for a new association after receiving a gift of a (fast tracked) passport in the post.
Article 17 is the main article under which our diaspora qualify.
If an entitled northern-born player is deemed an Irish national from birth upon the performance of an act only an Irish person can do,
what act only an irish person can do? give birth? :)
he can't be deemed to be acquiring a new nationality if the retroactive assumption of the legislation is that he was always Irish in the first place
He is a dual national from birth which means he is an Irish national from birth.
However, if the nature of conferring Irish nationality to northern-born persons was different, might article 17 come into play? Would it come into play, for example, if Irish nationality was only assumed from the date of acquisition (can this be considered a permanent nationality?) rather than from the date of birth?
As you have stated, he is a dual national at birth, his eligibility dates to the time he pops out at birth and lands safely.
His choice to be recognised as an irish Irish national, say acquiring an irish passport, is not under any circumstances to be regarded as acquiring a new nationality.
DannyInvincible
03/04/2010, 7:27 PM
what act only an irish person can do? give birth? :)
The legislation specifies that a person born on the island of Ireland will be deemed an Irish citizen from birth if they perform an act that only an Irish person may carry out at any point during their life. I imagine this amounts to doing something like applying for an Irish passport. This does not presume, however, that anyone who doesn't carry out such an act isn't Irish by birth.
As you have stated, he is a dual national at birth, his eligibility dates to the time he pops out at birth and lands safely.
His choice to be recognised as an irish Irish national, say acquiring an irish passport, is not under any circumstances to be regarded as acquiring a new nationality.
No worries then. :)
Paddy Garcia
03/04/2010, 7:33 PM
Glad it amuses you, but this is a non-story. Norwood can't play for England at any level unless and until the rules are changed again (as he's already moved once); England aren't bothered about the rules as they stand; Hodson isn't going to get in the England U-21 set up from a struggling Watford side.
Surely you can see the deep irony.
Surely you can see the deep irony.I hope he can but is just too embarrassed to admit it.
I'm thinking of Elmer Fudd shooting himself in the foot with this latest story. Cue a retraction of sorts and everything with the mother association is tutti bene. As for EG and the rest of the Areweacountry? babies seeing the irony, forget it! They're far too thick to figure that out.:sinister:
Gather round
03/04/2010, 9:21 PM
I hope he can but is just too embarrassed to admit it
I don't do irony (nor does the BellyLaugh, it's just predictably stirring). But you're right, it is embarrassing as I said early on in the thread.
The legislation specifies that a person born on the island of Ireland will be deemed an Irish citizen from birth if they perform an act that only an Irish person may carry out at any point during their life. I imagine this amounts to doing something like applying for an Irish passport
Surely not: merely being born in Ireland, then applying for an Irish passport doesn't guarantee that you'll ever get one, let alone have its status backdated to birth. Remember, you (plural) voted by an overwhelming majority in 2004 not to give automatic citizenship to everyone born in Ireland. Effectively all your (personal) statement quoted above is saying is 'if you prove you're an Irish citizen by being one then you can er, be one'. It's a bit vague, not to mention restrictive.
ArdeeBhoy
03/04/2010, 9:31 PM
I don't do irony (nor does the BellyLaugh, it's just predictably stirring).
Surely you mean you mean you don't do ironing.....
;)
ArdeeBhoy
03/04/2010, 9:46 PM
Surely not: merely being born in Ireland, then applying for an Irish passport doesn't guarantee that you'll ever get one, let alone have its status backdated to birth. Remember, you (plural) voted by an overwhelming majority in 2004 not to give automatic citizenship to everyone born in Ireland. Effectively all your (personal) statement quoted above is saying is 'if you prove you're an Irish citizen by being one then you can er, be one'. It's a bit vague, not to mention restrictive.
Yeah right, like the Brits give passports to everyone who wants them.....They've kicked out a more than a few born there.
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