What do you make of this?

[the Deel Rover]

From the indo

Thursday June 30 2011

A GAA county committee will vote on whether two brothers can play football for a different parish than the one they live in, after a court case was settled.

The two schoolboys claimed they might have to give up sport altogether because the GAA would not let them play football for the club they love.

Padraic (14) and Colin O'Sullivan  sought exception from a GAA rule which requires that people can only play for the parish they live in.

Under yesterday's settlement, a new vote is to be taken at a meeting of the Kerry County Committee on July 11 next on the matter.

High Court judge Mr Justice Paul Gilligan, who had earlier urged the parties to consider mediation, congratulated them on the agreement.

He said he fully accepted there were important principles involved but he was glad the parties had stepped back from proceeding with litigation in the High Court.

Through their mother Christina, the boys had sued Peter Twiss in his capacity as secretary and representative of the Kerry County Board.

They claimed they were being deprived of their right to play Gaelic football because they have been told they must play for a Firies GAA Club -- which is more than seven miles from their home in Ballytrasna, Faha, Killarney, Co Kerry. They want to play for Listry GAA club, which is just over a mile away.

Freedom

Because they live in the parish of Firies, they have been told by the county board that they must play for Firies under what is known as the GAA's "parish rule" or "Rule 20".

They sought a number of orders and declarations from the court including an injunction restraining the county board from preventing them from playing for Listry.

They were also seeking an exemption from the parish rule.

They claimed that failure to do this breached their right to freedom of association under the Constitution. They also claimed that unless they were allowed to play for Listry, they might give up playing sport altogether.

The claims were denied.

Following discussions, Ercus Stewart SC, for the O'Sullivans, told the judge it had been agreed the case could be struck out on the basis of an agreed statement read out in court.

It was agreed that the matter will be addressed at a meeting of the county committee on July 11 next.

The boys' parents may attend and make whatever submissions they wished followed by submissions from the two clubs involved, after which the matter will be open to the floor for discussion.

Written submissions from the parents are also to be circulated to delegates in advance of the meeting, and the O'Sullivans agree to be bound by the rules of the GAA.

- Tim Healy

[muppet]

I'm guessing the boys will play at the nearer club and the Gaa doesn't get an awkward court ruling. Everyone will be happy except probably some official that Ciarrai_thuaith might know about.

[the Deel Rover]

I'm guessing the boys will play at the nearer club and the Gaa doesn't get an awkward court ruling. Everyone will be happy except probably some official that Ciarrai_thuaith might know about.

i'd say you right muppet

[Lar Naparka]

I'm guessing the boys will play at the nearer club and the Gaa doesn't get an awkward court ruling. Everyone will be happy except probably some official that Ciarrai_thuaith might know about.

I imagine you are right on all counts.
It will be another Irish solution to an Irish problem and life will go on as before.
However, the potential for  future trouble is still there and I think it's time for GAA heads to tighten up the so-called "Parish Rule."
The following is taken from a DRA ruling in 2006: (The Ballincollig vs Spink case)
(http://sportsdra.ie/documents/dra162006.pdf)

"A County Bye-Law may confine membership of a club to a Catchment Area, which may be a Parish. A Parish for the purpose of this Rule shall, subject to County Boundaries, be the district under the jurisdiction of a Parish Priest or Administrator. A Catchment Area shall be fundamentally based on permanent residence of players, subject to a player being entitled to play with his Home Club."

In my experience, whenever you put "may" in close proximity to "shall" you can expect trouble.
The first sentence I quoted makes no sense whatever to me: Why mention either Parish or Catchment Area when a County Bye-Law can decide to dispense with both? If a Parish is being used to determine a Catchment Area, the County Boundary restriction should apply—but it doesn't in all cases. You have the case of Bellaghy (Sligo) players lining out for Charlestown. (Mayo) 
There is at least one other instance of county boundaries being ignored in the Armagh/Down region. There may be other anomalies that I'm not aware of.
Here in Dublin, there is no semblance of a Parish Rule in operation. There are practical reasons for this I suppose but there are no defined Catchment Areas either; there are youngsters living on my road at present who, between them, play for three different clubs.
This sceal could go on but the point I'm coming to is this:
I've a fair bit of experience dealing with conciliation and arbitration procedures in a major teachers' union and I know it's standard practice when a case is brought to court for  judge to examine the rules and constitution of the union in question. (This is in the case of members taking action against the union or vice versa and of members in conflict with each other.)
He/she will then decide if the rules in question contravene the law of the land in any way.
Next, the judge will check that nothing in the case before him breaches the union's own constitution. Finally, the judge will need to know that all stages of internal arbitration procedure have been exhausted before the case will be allowed to proceed.
For the union in question to have any chance of success it is vital that it clears all of the above hurdles. That could be a problem for the GAA if a case like the present one goes to court.
I know the GAA is not a trade union but I see not reason why a judge should not follow similar procedures.

[the Deel Rover]

By Majella O'Sullivan


Tuesday July 12 2011

THE GAA last night refused a rule change that would allow two schoolboys to play football with a club outside their parish.

A two-to-one majority of Kerry County Board voted that Padraic (14) and Colin (9) O'Sullivan cannot play football with the parish where they attend school.

The brothers had sought exemption from a GAA rule which requires that people can only play for the parish they live in.

Following the vote, the boys' mother Christine O'Sullivan vowed the issue was not over.

"How can they refuse children? It's disgraceful. I just can't believe they did that," she said.

Twenty-three delegates voted in favour of a rule change, and 59 voted against.

The family had taken their fight to the High Court where the case was settled last week.

The O'Sullivans live in the parish of Firies in Co Kerry, but their children attend school in Listry, a neighbouring parish.

They claimed they were being deprived of their right to play Gaelic football because they have been told they must play for Firies GAA club -- which is more than seven miles from their home in Ballytrasna, Faha, Killarney, Co Kerry. They want to play for Listry GAA club, which is just over a mile away.

The family said they never dreamed that they would be the focus of attention as the rest of the country eagerly awaited the result of this 'test case' on the parish rule.

"All we're looking for is for our boys to be able to play football with their friends," Mrs O'Sullivan said.

The boys' father Michael told a meeting of Kerry County Board last night that he was trying to do his best for his family.

"They already train and play challenge matches with their friends in Listry, but they're not allowed to play (on the team) with them," he said.

Exemption

"At the centre of this dispute are children who cannot understand why they can't play football with a club where all their friends are playing -- especially when others in the same situation have been given an exemption."

Mr O'Sullivan appealed to delegates to accept his application. He said if the application was not allowed his sons would not be able to play football as they didn't want to play with Firies.

Through their mother, the boys had sued Peter Twiss in his capacity as secretary of the Kerry County Board.

Because they live in the parish of Firies, they had been told by the county board that they must play for Firies under the GAA's Rule 20, otherwise known as the 'parish rule'.

Under the High Court settlement, it was agreed a new vote would be taken at a meeting of the Kerry County Committee.

Delegates at last night's county board meeting warned that granting the derogation could open the floodgates for transfers.

Tom Kelleher, a delegate from Firies GAA, said Rule 20 had served the organisation well in stopping players from transferring to other clubs. He said the O'Sullivan family was very welcome at Firies GAA club.

- Majella O'Sullivan

Irish Independent

[Hardy]

How dare the GAA uphold its own rules, in defiance of the Irish Independent.

[AZOffaly]

The cheek of them. I'm surprised though that the issue at hand was a proposed rule change. That was never going to pass. Why don't they just allow a transfer? If both team accede to it, then surely they can sort it out that way.

There has to be more to this than meets the eye. Where's that new Kerry poster, he seemed to have more detail.

[the Deel Rover]

The cheek of them. I'm surprised though that the issue at hand was a proposed rule change. That was never going to pass. Why don't they just allow a transfer? If both team accede to it, then surely they can sort it out that way.

There has to be more to this than meets the eye. Where's that new Kerry poster, he seemed to have more detail.

For sure

[muppet]

The cheek of them. I'm surprised though that the issue at hand was a proposed rule change. That was never going to pass. Why don't they just allow a transfer? If both team accede to it, then surely they can sort it out that way.

There has to be more to this than meets the eye. Where's that new Kerry poster, he seemed to have more detail.

I agree it is strange that they wanted a rule change rather than something more practical and..er... Irish.

Back to the High Court so. 

[Denn Forever]

What is the age of emancipation in the GAA?

[AZOffaly]

What is the age of emancipation in the GAA?

78

[heffo]

The cheek of them. I'm surprised though that the issue at hand was a proposed rule change. That was never going to pass. Why don't they just allow a transfer? If both team accede to it, then surely they can sort it out that way.

There has to be more to this than meets the eye. Where's that new Kerry poster, he seemed to have more detail.

Back to the High Court so. 

Don't believe they can go back, DRA is the last available avenue.

Well that and apply for a transfer after the Kerry county convention.

[muppet]

Thursday June 30 2011

Padraic (14) and Colin O'Sullivan  sought exception from a GAA rule which requires that people can only play for the parish they live in.

Under yesterday's settlement, a new vote is to be taken at a meeting of the Kerry County Committee on July 11 next on the matter.

Tuesday July 12 2011

THE GAA last night refused a rule change that would allow two schoolboys to play football with a club outside their parish.

A two-to-one majority of Kerry County Board voted that Padraic (14) and Colin (9) O'Sullivan cannot play football with the parish where they attend school.

The brothers had sought exemption from a GAA rule which requires that people can only play for the parish they live in.

Something not right with the article. Looks like they merely sought a derogation.

I don't see why they are prevented from taking another case but I am no lawyer and I haven't seen the terms of the 'settlement' they accepted a month ago so its possible.

[heffo]

As far as I know all involved agreed to be bound by the outcome of the DRA who in turn referred it back to the Kerry County Board

[deiseach]

No suggestion of the High Court on the report I've seen on RTE. Looks like that's that