Club won't block Fennell's Dublin career

GAELIC GAMES DUBLIN FOOTBALL: YESTERDAY'S statement issued by Dublin club O'Toole's, stating they would not prevent Eamonn Fennell from playing for Dublin at the weekend is the latest development in a controversy that is bound for the Disputes Resolution Authority.

The club statement said whereas the player who, it points out, has played for the club for 15 years, is refusing to play for O’Toole’s anymore no action will be taken to interfere with his inter-county career.

“O’Toole’s wish to retain the services of one of our key players and have decided that while we continue to vigorously oppose Eamonn’s transfer request to St Vincent’s we will place no obstacle in the way of his county career in 2010. Eamonn is free to play for the county as a registered member of O’Toole’s and we hope that in time he will return to play for his club in the community where he grew up and where he lives.”

Later in the day Dublin manager Pat Gilroy named Fennell at centrefield in the team to face Kerry this Sunday.

Asked about the player’s availability he replied: “As far as I’m concerned he’s available to us. The way he’s been playing, it hasn’t affected him. He’s been fine. I’ve no idea what’s going to happen with him. It’s out of our hands. We’ll just have to let the processes take place and see what happens at the end of those.”

Any claim taken to the DRA would appear, however, to have dim enough prospects of success, judging by the previous decisions on similar matters. Privately the Dublin County Board is confident the decision not to allow the transfer of the player from O’Toole’s to St Vincent’s will be vindicated at the GAA’s arbitration tribunal.

Although the county management committee recommended that the transfer – the third year in which Fennell has applied for one – be allowed to proceed, the full county committee turned it down on the casting vote of chair Gerry Harrington.

A statement from Parnell Park last week defended the decision, citing the bye-law governing transfers and the considerations taken into account when reaching the decision. There have been a couple of cases concerning registration and transfers taken to the DRA and although they differ from the specifics of Fennell’s, one position emerges strongly from them: whereas a decision to turn down a transfer can be overturned if there is a procedural deficiency in the process, county committees are fully entitled to adjudicate on whether a transfer is allowed.

Last year’s case taken by four juveniles, who wished to play for Longford club Clonguish despite objections that they neither lived nor attended school within the parish, was successful not because of any intrinsic right to the move but because the relevant county bye-laws hadn’t been properly adopted.

Ross Brady, the Offaly player, tried in 2007 to transfer from Edenderry to Clara, and was refused permission. He challenged the county committee refusal at the DRA but was unsuccessful.

Included in the published decision was the following: “In considering the transfer request the respondent (the Offaly GAA authorities) has an unfettered discretion to grant or refuse the transfer provided it acts within the terms of its own bye-laws and observes fair procedures.”

As it’s not apparent where Dublin might have erred procedurally in dealing with the transfer request and it appears unlikely the DRA will agree to look into the actual merits of the transfer it’s hard to see the grounds on which Fennell might succeed in overturning the county committee decision.