Vaughan ruling may be flawed

Gaelic Games/News round-up: It has emerged the basis for last week's first decision of the Disputes Resolution Authority tribunal…

Gaelic Games/News round-up: It has emerged the basis for last week's first decision of the Disputes Resolution Authority tribunal might be flawed.

The DRA ruled for the purposes of suspension, the provincial club championships and county championships were separate competitions. In doing so the tribunal allowed Kilmacud Crokes to play Mark Vaughan, who had a suspension hanging over him from last year's Leinster semi-final.

Part of the grounds for the decision was Rules 111 and 114 appeared to differentiate between the organisation of the two championships and whereas Rule 32 stated one should be considered as an extension of the other, the tribunal held this to be in a particular context - players lining out for two clubs - and not applicable in the case of suspensions.

Yet a motion, number 20, was passed at the GAA's annual congress in London in 1996, which casts doubt on this interpretation. It isn't the fault of Kilmacud or the tribunal, both of whom were operating on the current version of the official guide, which was amended incorrectly to include the Cork motion from nine years ago.

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The motion passed reads: "Add to Rule 110: The provincial and All-Ireland championship shall be considered as an extension of the county senior championships and playing eligibility shall be in accordance with Rule 32. Rule affected - Rule 32."

Nonetheless the rulebooks published since 1996 have included the above text in Rule 32 and not in the then Rule 110 (governing the provincial and All-Ireland championships - now Rule 114, which was relied on by both Kilmacud and the tribunal).

St Brigid's, who were beaten by Kilmacud in the Dublin championship last week, have since objected to Vaughan's playing in the match but the existence of the 1996 motion isn't believed to be one of the grounds of that objection - which was rejected by the Dublin board but which may be appealed to Leinster Council.

Whereas there is no certainty about the status of the 1996 motion, which appears to have been inaccurately incorporated into the official guide by the sub-committee charged with updating the rulebook after each annual congress, legal opinion expressed to The Irish Times is of the view the text of the motion has to be taken as part of the GAA's rules.

This is based on: Rule 74 (d) of the functions of congress: "To consider motions and to enact, amend or rescind rules"; Rule 79 on rule drafting, which allows a sub-committee to: "examine such motions (passed by congress) and without derogating from their meaning, recommend any rephrasing or relocation considered necessary . . ."; 80 (g) on motions: "New and amended rules shall become operative one month from the date of annual congress or special congress . . ."

In other words a motion becomes operative within one month of being passed with no requirement for it to be published in the official guide.

Just as Kilmacud relied on a faulty version of the rules, so did the tribunal and so did the GAA's Central Council, which opposed the club's claim but which never mentioned the proper version of rule 114.

The death has taken place of Phelim Murray, one of the last surviving members of the Roscommon team that won the 1943 and 1944 All-Ireland football titles. Phelim Murray, a brother of team captain Jimmy, was in his mid 80s. He died in St Vincent's Hospital, Dublin, on Wednesday night. He is survived by his wife Joan, six daughters, one son, and a large extended family including his brother Jimmy. He will be laid to rest in Sandyford after 11.15am mass today.

Seán Moran

Seán Moran

Seán Moran is GAA Correspondent of The Irish Times