#sportslaw @fitzmaidan @McConnellDaniel @emmetmalone @offtheball @garethfarrelly1 as highlighted by @CarolCouse1 @MRsportslaw @soconaill etc this presumption that transfers of minors between ROI/UK would continue post-Brexit was always dubious - see my thread below. https://twitter.com/CarolCouse1/status/1334918390167838720

1. Under Art 19.1 of the FIFA transfer regulation, on protection of minors: International transfers of players are only permitted if the player is over the age of 18.

2. There are a number of exceptions e.g., Article 19.2, The player’s parents move to the country in which the new club is located for reasons not linked to football etc...The most relevant exception in terms of UK/ROI is the exception in Article 19.2(b)

3. The Article 19.2(b) exception is: The transfer takes place within the territory of the European Union (EU) or
European Economic Area (EEA) and the player is aged between 16 and 18, (and in that case, the new club must fulfil some obligations relating to education etc)

4. The above means that b/w ages of 16-18, young players from Ireland could move throughout EU/EEA and including the UK but as UK is leaving EU, the above exception falls away

5. The FIFA regs apply to national FAs and as the UK consists of 4 FAs (Eng, Scot, Wales and Nrn Irn), the new FA regs etc have, in preparation for Brexit, created an effective "internal market" for the transfers of young players in the UK

6. ROI is not part of that internal market and the presumption that we would be because of the common travel area and MOU we signed with the Theresa May govt in May 2019 always needed to be clarified by the FAI in this regard, but they didn't - bit distracted.

7. The MoU in May 2019 clarified the legal (immigration etc) standing of the common travel area. Under the CTA Irish citizens residing in the UK are treated as “not foreign” under UK domestic law & are entitled to access employment, social security, health care etc

8. In terms of 'ordinary' law the sporting reach of the CTA (which BTW is reciprocal) will be the point of contention. In terms of sports/football law and FIFA's regs, any Irish exception would have to be written into Article 19 of the FIFA regs - the FAI needs to get lobbying

9. On the latter, the relationship between the UK and Ireland in terms of football, history and law is, to us, what you might call, "special" but for FIFA and football globally in is not THAT special and the case will have to be made by FAI.

10. Two other points on the regs. The FIFA regs apply to players b/w 16 and 18, what is the status of player transfers for U16s? Also, under the regs there is an exception for players that lives no further than 50km from a national border - the Dundalk exception???

Two final points. There is some suggestion that not being able to send 16/18 yr olds to Eng will be good for Irish football; it may be and, of course, our teenagers can still go to clubs in EU etc but domestically do we have the capacity to cater/strategy for those at home (FAI?)

And, if it works out that our 16/18 yrs can still go to the UK, what do we do to ensue that clubs over there provide our players with the level of education and training mandated by the FIFA regs - a point tbf raised by Nial Quinn and others over the years.

PS, if the new CEO of the FAI is looking for a Deputy CEO who specialises in #sportslaw, I am available....