ANALYSIS:It may take legal changes to stop pitch invasions at the end of big GAA games, writes SEAN O'CONAILL
RECENT CONTROVERSY over pitch incursions at big GAA matches has brought the many legal issues surrounding the problem to the fore. The GAA has made some attempts to curb the problem in recent times but considerable challenges remain.
While some may argue that post-match pitch incursions are a central part of GAA culture the recent Leinster football final controversy highlighted the huge problems all sporting bodies in Ireland face with this often emotive issue.
The sporting bodies are faced with three particular challenges. In the first instance, if supporters are allowed on to the pitch in the current manner there is potential for injury to spectators, players and officials which could result in liability being placed upon the sporting body in connection with any injuries. Secondly there is the equally daunting problem for the sporting bodies when it comes to attempting to keep supporters off the pitch in a safe and secure manner.
The lessons learned from the tragic events at Hillsborough and the recommendations of the Taylor report which followed dictate that holding supporters in place with fencing is not an acceptable solution.
The very act of keeping supporters from the pitch could itself result in injuries and potential liability for the sporting body concerned.
In recent times in Croke Park we’ve seen the “Plan B” message appear which is designed to combat this very problem although it only serves to move the problem onwards towards the pitch.
The third issue which potentially could be the biggest cause for concern for sporting bodies in Ireland is the unfolding of disgraceful events such as those seen at the end of the Louth-Meath game when the referee was subjected to physical abuse by supporters who had gained access to the pitch. Not only do such incursions potentially incur civil liability for the organisations themselves, but the seriousness of the events could also demand intervention by the criminal law.
In order to combat all these challenges a major change in supporter culture (including perhaps the sacrifice of long standing traditions) is required which may need to include some positive act of discouragement on behalf of the sporting bodies and potentially even the legislature.
In February 1995, Lansdowne Road experienced serious acts of spectator violence and misbehaviour by English fans. That type of behaviour, thankfully, never has been part of any supporter culture in any Irish sport.
There followed a comprehensive examination by Mr Justice Finlay of spectator legislation in this jurisdiction and some of the legal remedies considered by that report may well merit further examination.
One recommendation in particular concerned the amendment of the Public Order Act 1994 to allow a court to ban individuals from attending events for a prescribed period of time if they are convicted of an offence in connection with, or in the vicinity of, a sporting event. Such intervention would ensure that anybody convicted of perpetrating an attack upon officials could be barred from stadia or their vicinity on match days.
On a much smaller scale, pitch incursions at League of Ireland soccer matches have been successfully curtailed by the use of disciplinary action (usually in the form of a monetary fine) by the FAI against offending clubs.
This is further bolstered by the comprehensive club licensing system which demands certain security and safety standards from clubs and stewards.
FIFA and UEFA have used similar sanctions and standards at the higher levels of the game.
Such an option would not be so readily available to the GAA and the IRFU, given their organisational structures. However, lessons can be learned from the other jurisdictions and other sports.
In Australia individual supporters can be fined as much as $7,000 (€4,856) in some states and receive a season long ban for a pitch incursion.
In England and Wales under the Football Offences Act 1991 it is a criminal offence for anyone to go onto the playing area without lawful excuse.
The penalty for any such offence can be up to £1,000 (€1,196). The Football (Disorder) Act 2000 allows for the banning of anyone who is convicted of any such offence.
Of more pertinent interest to the GAA and the IRFU, given their organisation as All-Ireland games, is a recent report by the Northern Ireland Office which has recommended that these provisions be extended to Northern Ireland.
Such a proposal would also seek to include GAA and rugby matches within its ambit (the legislation for England and Wales specifically targets soccer only).
If these developments were to come to pass the GAA and IRFU could be faced with a situation whereby what is deemed traditional spectator behaviour in one jurisdiction on the island could be criminalised in the other jurisdiction.
The stance being taken by the GAA to limit spectator incursions on to the field of play is a brave, sensible and safety-orientated one.
However, in order to be successful, the GAA will need to bring about a sea change in the supporter culture – something which may prove difficult without legislative intervention.
Seán Ó Conaill is lecturer in law at University College Cork and a sports law researcher