Irish league: Jamie Bryson challenges IFA's new 'unenforceable' anti-discrimination code

The loyalist activist has argued that the new rules are so “vague” they are completely “unenforceable”.

He expects the IFA to hear this appeal against the rules at Windsor Park before a three-person panel.

This would be drawn from a pool of about a dozen potential panellists, who are meant to act independently of the IFA.

It will be comprised of two lawyers and a “lay” member from a footballing background.

Under the old 2023 rules, someone would be banned for at least 10 games if they "offend the dignity of a person or group of persons through contemptuous, discriminatory or denigratory words or actions concerning race, colour, language, religion, sectarianism, or origin".

Now, under the new 2024 rules, this list also includes "social origin, ethnicity, political or any other opinion, wealth, birth, or any other status or any other reason" (News Letter’s emphases).

Mr Bryson said that this effectively means there is no limit on what can now be considered “discriminatory” – meaning even humorous slagging between fans is now potentially off-limits.

There are real consequences for individuals and for Irish League clubs if they are found in breach of the rules.

They range from a £500 fine if a single player is found to have "offended the dignity" of a person or a group, rising to a £1,000 fine for the club if supporters do it.

In more serious cases, points can be deducted – with the ultimate option being the relegation of the club.

Mr Bryson, a loyalist activist who briefly served as secretary of East Belfast FC in 2019, and who also represents clubs before the IFA's appeals tribunal, called the new rules “bonkers” in Saturday’s edition of the News Letter.

Now he has taken concrete steps to overturn them.

"The provision as drafted is irrevocably vague and so broad as to be entirely unforeseeable as which conduct it catches,” he says in his submission.

"As a matter of contract, or put another way a rule which purports to bind, it is voidable and unenforceable on this basis.

"The severity of the sanction (a 10 game ban, for example, for players) demonstrates the necessity for the provision to be clear both in its language and meaning in order that all those bound by it can know which conduct it encompasses. The new provision has the opposite effect.”

He added: “The new Code is due to come into effect on August 1, 2024, with the season due to commence. There is accordingly an urgency in respect of this matter.”

He added “clubs and players are agreeing to be bound by the rules by virtue of their membership, but if a provision is so unclear that a reasonable person could not be taken to understand that to which they were agreeing, this raises the issue of capacity and in consequence unenforceability”.

The IFA told the News Letter on Saturday that the wording used as the basis for its new rules “is taken directly from the latest FIFA Disciplinary Code, the principles of which apply to all National Associations”.