IRELAND Law and Practice Contributed by: Tim O’Connor, The Bar of Ireland
bodies are often competing on an international scale against far bigger and better-funded enti - ties. For any limited liability or incorporated body, the general restrictions of companies law apply to directors and officers in the same manner that they would with any other company, and these should be checked with the companies regulator. Within this, other sports operate their own governance requirements. As many of the major players in major Irish sporting codes are closer to representative sub-units feeding into the larger national governing body, those who may find themselves in financial difficulty are more likely to find the head body intervening to stabilise financial failures than imposing points deductions on independent economic actors. The varied nature of the differing bodies means it would be prudent for anyone advising or deal - ing with the matter to consult the policies of the individual sport. 4.3 Funding of Sport The Irish state remains one of the largest funders of grassroots sport; albeit at insufficient levels, most of this support goes through governing bodies, as well as support for Olympic athletes. Funding of the largest sports is heavily depend - ent on broadcasting deals, although the EU’s regulations on free-to-air access for major events applies. Sponsorship is also a major source of funding in these major sports, with higher-profile sports, like rugby and the GAA, dominating the funding and sponsorship markets, to the extent that less-prominent sports often operate hand- to-mouth. 4.4 Recent Deals/Trends The most noteworthy development is the invest - ment of CVC, the private equity fund, in rugby,
acquiring stakes in the Six Nations, the URC and the EPCR. The former two, though remaining registered as Irish companies, have now moved much of their effective running out of the juris - diction. It is unclear whether this is related to Brexit and seeking to move outside of an EU legal system. Another strong trend is individual benefactors supporting their preferred team. This has had profound effects in the nominally-amateur GAA, with a marked resultant disparity in resources having on-field results. However, this has been the subject of a recent and ongoing development, where the Rev - enue Commissioners, the Irish tax authorities, are engaged in investigation of various GAA counties (the rough equivalent in terms of level of clubs in most professional sports) in terms of expenses paid but not declared as income. Although it remains to be seen how this will fall out, it could have wider implications for other sports, with examples such as ex gratia pay - ments to officials above and beyond vouched expenses. The relatively successful Paris 2024 Olympics has led to calls for increased funding of sport, and this seems likely to become more of a politi - cal priority. 5. Intellectual Property, Data and Data Protection 5.1 Trade Marks Intellectual property in Ireland is protected in the same manner as in other EU states, operating under the same general EU provisions.
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