GAA to make legal route difficult

The GAA are looking at making it more difficult for members to challenge suspensions in the civil courts

The GAA are looking at making it more difficult for members to challenge suspensions in the civil courts. In Sunday's match programme for the All-Ireland hurling semi-final, GAA president Seán Kelly commended Waterford hurler John Mullane, who missed the match with suspension, for not seeking a High Court injunction to allow him play.

"I feel a word of praise is due to John Mullane for taking it on the chin in relation to his suspension for today's game . . . he showed laudable loyalty to the GAA by refusing to go down the legal route . . . "

This comment struck an implicit contrast with Westmeath footballer Rory O'Connell who secured an injunction against his three-month suspension and was consequently able to play in the Leinster final and replay and will presumable line out in Saturday's All-Ireland quarter-final against Derry.

According to Kelly the GAA is determined to tackle such challenges to the disciplinary process. It is not unusual for players to seek interlocutory or interim injunctions for the purpose of playing in specific matches.

READ MORE

These tend to be granted on the basis they make no finding on the suspension itself, just temporarily lift it until the grievance can be heard. By the time that happens the original suspension is meaningless and the application gets dropped so the full injunction hearing never goes ahead.

"We have asked our legal advisers about the lessons to be learned from this," says Kelly. "My view is that there should be two elements to how we approach this.

"Firstly, I think we must devise a legal strategy and secondly, I think we should reform our disciplinary procedures so that we minimise the numbers deciding to go to court and reduce the chances of their being successful.

"That's why I appointed a committee to look into the structure of the GAC with a view to dividing its function into fixtures and discipline and establishing proper tribunals and procedures.

"A better system would have independence from GAA officials and also include legal experts who could give greater confidence to the committee's deliberations."

The chairman of that committee is Páraic Duffy, former chair of the Games Administration Committee. He says the committee is in no hurry as the timeframe for implementation will have to be at least nine months given that any change will probably require rule changes at Congress.

"We're looking into all aspects of how GAC operates and will consider different disciplinary systems, including the one operated by the AFL in Australia. I hope that we'll have a discussion document by the new year and be in a position to take proposals to Congress next April and have the new institutions in place for next year's championship."

Meanwhile, Carlow County Board will discuss the future involvement of Luke Dempsey within the coming weeks. Dempsey has laid down his demands if he is to continue his role with the senior football team next season.

Carlow are anxious to have the matter sorted quickly. . Holidays have held up discussions, but they are confident over the next two weeks they will meet Dempsey to decide on his future.

Seán Moran

Seán Moran

Seán Moran is GAA Correspondent of The Irish Times