Seanad debates

Wednesday, 14 December 2022

Nithe i dtosach suíonna - Commencement Matters

Sporting Rights

10:00 am

Photo of Mark DalyMark Daly (Fianna Fail)
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I welcome the Minister of State, Deputy Jack Chambers, to the House and thank him for taking the first Commencement matter. I also thank Ilinca Popa in the Seanad Office for all her work in putting Commencement matters together and the Senators who showed great patience in understanding that while we had limited numbers each day, we hopefully managed to help everyone along the way.

Photo of Niall Ó DonnghaileNiall Ó Donnghaile (Sinn Fein)
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Cuirim fáilte roimh an Aire Stáit, an Teachta Chambers. He will know from previous engagement that I tend not to read out a whole lot of stuff at Commencement matters, but because of the complexity of this issue, there are some things I want to put on the record and I will, no doubt, use all my time.

For most of the people of this country, the Good Friday Agreement changed their lives for the better, but there is a group of people who have yet to fully benefit from the agreement in letter and spirit, even though, in a quite specific manner, it relates directly to their circumstances and interests. The group to whom I refer are athletes who live in Ireland and dedicate themselves to their sporting endeavours. The clause of the agreement that specifically relates to this group is the provision that states the Irish and British Governments will exercise their power "with rigorous impartiality on behalf of all of the people in the diversity of their identities and traditions and shall be founded on the principles in full respect for, and equality of, civil, political, [economic,] social and cultural rights, of freedom from discrimination for all citizens and of parity of esteem and of just and equal treatment for the identity, ethos and aspirations of both communities." These are noble and, indeed, worthy aspirations and they form a pillar of the agreement, as does the national identity provision, which recognises the people of the North to identify themselves and be accepted as British or Irish, or both, as they may choose, and accordingly confirm that their right to hold both Irish and British citizenship is accepted by both Governments. The application of these provisions to the athletes of this country would be of immense help in ending almost 90 years of inequality and discrimination practised against them. I refer to the World Athletics 1934 political boundary rule, which actively discriminates against the athletes of this country, North and South, irrespective of their aspirations or background.

The political boundary rule, which is administered by World Athletics, divides athletics in Ireland. As a result, when Irish athletes go to European and World Championships, they can only represent the Republic of Ireland. A team from Ireland - the nation - is not permitted to compete because of the political boundary rule. It could be said, therefore, that World Athletics is discriminating against the Irish people. It is in breach of the Good Friday Agreement. It deprives Irish athletes of the honour of representing the whole of Ireland at European and World Championships and has done so for 88 years.

Let us contrast the impact of this rule on the athletes of this country with the rules governing the Olympic Games. When athletes compete in the Olympic Games, they fall under the authority of the Olympic Federation of Ireland, which represents Ireland the nation. Athletes from all of Ireland's 32 counties participate and are known as "team Ireland". For Olympians, national identity is respected whether it be nationalist or unionist. It is not a barrier or impediment to participation. At the Olympic Games in 2021, there were 31 athletes from the North across 12 sports, seven of whom competed for team GB and 24 for team Ireland. This was possible because there is no political boundary rule in place at the Olympic Games and athletes have a choice in who they represent.

Choice is crucial to athletes and nobody has the right to deprive them of this fundamental right. World Athletics is depriving athletes of the right to choose to represent Ireland or Britain. It is in breach of the Good Friday Agreement declaration in relation to respecting a person's birthright to be accepted as Irish or British, or both. Friends of Irish Athletics secured cross-party support when it made a presentation to the then Oireachtas Joint Committee on Transport, Tourism and Sport in July 2019. It also secured the support of both the Minister of State, Deputy Chambers, representing the Government, and the former Minister for Communities, Ms Deirdre Hargey, MLA, representing the North's Executive. Both are on public record as supporting a derogation of the political boundary rule to allow athletes the opportunity to choose which country they want to represent - Ireland or Britain.

This problem can be solved by World Athletics granting a derogation for the island of Ireland for the 1934 political boundary rule. A derogation for Ireland does not mean World Athletics has to change its rules. The boundary rule will still exist, but it would simply not apply to Ireland.On 2 June 2022 and 8 December 2020, the Minister of State indicated in the Dáil that he and the Minister for Tourism, Culture, Arts, Gaeltacht, Sport and Media, Deputy Catherine Martin, were in support of attaining a derogation for the island of Ireland from the political boundary rule of World Athletics. The Minister of State has worked with the Minister for Communities, Ms Hargey, on this issue before.

I am seeking an update from the Minister of State on the derogation. I am sure the Seanad supports and would be willing to assist him in any further work that is required.

Photo of Jack ChambersJack Chambers (Dublin West, Fianna Fail)
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I thank Senator Ó Donnghaile for raising this matter.

I have met with representatives of the Friends of Irish Athletics, which is the group that has campaigned for a change in World Athletics policy in this area for some time. I have repeatedly indicated my view that athletes and sportspersons from all parts of Ireland should have the choice to represent Ireland at all major international competitions. This position has been conveyed in official discussions with our counterparts in Northern Ireland. It is a shared position between both jurisdictions. Regrettably, the application by World Athletics of this almost 90-year rule continues to split the athletics world in Ireland.

Unfortunately, it is also the case that this ongoing issue is affecting the pursuit and development of broader sports policy objectives for the benefit of all sports, including the great sport of athletics that has provided us all with some wonderful sporting memories over the years. However, it must be accepted that responsibility for the rule in question, including the possibility of its potential abolition, rests solely with the international federation concerned, World Athletics, which is an independent autonomous organisation. A derogation from the rule concerned would confer additional flexibility of representation on the athletes concerned. I have made my position in this regard known to World Athletics.

As a consequence of my inquiries, World Athletics has provided a number of important and notable clarifications that affirm the key roles of Athletics Ireland and their counterpart, UK Athletics, in all such membership issues. World Athletics has confirmed that, from a governance standpoint, any membership change or amendment on the territorial jurisdiction for the sport of athletics is ultimately a matter for determination by the world athletic authorities. World Athletics has in particular emphasised the relevance of its transfer-of-allegiance regulations, which govern the ability of all athletes from anywhere in the world to change their allegiance to represent a country internationally. I am arranging to forward a copy of these regulations to the Senator.

Although neither l nor my Department have any role in the establishment or application of the regulations, there are a number of important aspects that may offer scope for progress. First, the regulations set out that where an athlete has never represented a member at the international level, they are free to choose their chosen country without an application or other procedure to be followed. This provision also applies for athletes that have dual nationality. Second, where an athlete has represented a member and wishes to change their allegiance, it is the case that such athletes do need to apply for approval. Each application is assessed by a panel from the athletic authorities, which has scope to waive requirements of the rules if the facts and merits of an individual application merit such a waiver.

As the Senator is no doubt aware, this matter has been ongoing for a considerable period. The path to a resolution continues to remain elusive. The State's capacity to intervene in the matter is limited. The focus of further efforts must lie in fostering a dialogue between the parties concerned. In the interests of fostering such a dialogue, I have asked officials from Sport Ireland to liaise with Athletics Ireland. I have also asked Sport Ireland to consider the options available in the context of taking the matter further. I would be interested in hearing the Senator's perspective, specifically any new arguments he might put forward that could be marshalled in support of this case.

I share the Senator's objectives. I would like to see progress on this matter. I have reflected that directly to Seb Coe, the head of World Athletics. I want to see this matter advanced. Obviously, a direct change is out of our hands. However, we are happy to engage and work with the Senator on this issue.

Photo of Niall Ó DonnghaileNiall Ó Donnghaile (Sinn Fein)
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Gabhaim buíochas arís leis an Aire Stáit. Tuigim go huile is go hiomlán go bhfuil sé díograiseach maidir leis an ábhar seo.

I welcome the fact that the Minister of State has reasserted his support for resolving this issue. That is really important. If Irish sport teaches us anything, it is that Ireland works best when we work together and the country works as one whether that is in terms of our boxers, Gaelic football teams, Olympians and sportspeople right across the board. What we need to continue to do, particularly as we head into the Christmas and new year period, and the change in roles within the Government, is ensure that this matter does not go off the boil. Therefore, we need to marshal the sporting organisations, the friends of Irish athletics and build upon the political unanimity that there is across these Houses in support of ensuring that this matter is resolved. At the heart of this matter is the Good Friday Agreement. It is the issue of fundamental respect for people's identities and aspirations and in so doing ultimately achieving better outcomes for Irish athletes and Irish sports going forward. We should all work diligently and hard to ensure that that is the outcome.

Photo of Jack ChambersJack Chambers (Dublin West, Fianna Fail)
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We will continue to focus on this matter. As I said, officials from Sport Ireland will continue to engage with their counterparts in Athletics Ireland and Sport Northern Ireland. We have had some limited discussion and correspondence with Minister Hargey when she was in her previous role. Obviously, we have a shared objective on this across the island. We will continue to engage at our level to reflect both our position and the broad cross-party consensus across the Houses on this matter to which the Senator referred. I will keep at it. We will continue to engage in order to get the governing bodies from Athletics Ireland and UK Athletics to work together to see whether there is a possibility of resolving this matter at an international level. I appreciate the Senator raising this matter today.

Photo of Pat CaseyPat Casey (Fianna Fail)
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I thank the Minister of State for coming into the House this morning.