Brothers’ dispute with GAA settled
Under the settlement in the High Court yesterday, a vote is to be taken at a meeting on July 11 on whether brothers Padraic O’Sullivan, 14, and Colin, 8, should be given a derogation from a GAA rule which requires that people can only play for the parish they live in.
Mr Justice Paul Gilligan, who had earlier urged the parties to consider mediation, congratulated them on the agreement and 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 sued Peter Twiss in his capacity as secretary and representative of the Kerry County Board, claiming 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, just over a mile away.
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 or restricting them from playing for Listry and 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 unless they were allowed to play for Listry, they might give up playing sport altogether.
The claims were denied.
The case opened on Tuesday and as it was about to resume yesterday, Mr Justice Gilligan urged the parties to discuss going to mediation during the lunchtime break.
Following discussions, Ercus Stewart, counsel 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 at a meeting of the county committee on July 11 next, a derogation from the parish rule will be sought on behalf of the O’Sullivans. 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, it was also stated.
On Tuesday, Mr Stewart said the parents were unhappy with the way a previous vote on the matter was taken last year and which led to these court proceedings.
