GAA club denies mother's claims that her four children are banned

Counsel for the GAA club officials said that the O'Farrells are bound by their membership of the GAA to have their claim go through an arbitration process through the GAA's Disputes Resolution Authority and not a court of law. File picture: Piaras Ó Mídheach/Sportsfile

Dublin GAA club, Fingallians, has denied in the High Court a mother's claims that her four young children have been banned from participating in the club activities.

Barrister Micheál Ó Scanaill SC for several officials at the Fingallians GAA club told Mr Justice Brian O'Moore on Thursday that Sinead O'Farrell's children are entitled to take part in all relevant club activities, and it is not a case that they have been banned from doing so.

Late last month Ms O’Farrell, of Sandford Wood, Swords, Co. Dublin, commenced proceedings against several Fingallians GAA Club officials seeking orders including an injunction removing the alleged ban on behalf of her children Luca (10), Cai (8), Nia (6) and Alia (5).

Mrs O'Farrell claims that along with their father, Jason, and herself, her children had been told to stay away from the club.

The action is against club officials Colin Foley (club chairperson), Carl Jones (vice chairperson), Eoin Martin (club secretary), Denis McCarthy (juvenile chairperson), Sarah Nixon (children's officer) and Pat Ward (disciplinary chairperson).  

Thursday's proceedings

When the matter returned before Mr Justice O'Moore on Thursday, Mr O'Scannail for the officials said there was no urgency to the claim as the O'Farrell children were not banned from the club or taking part in activities.

Counsel said that there was no evidence that they were banned, except for an assertion made by the children's mother and that the matter was not urgent. Counsel said from his clients' perspective several legal issues arise in the case, including if the action should be against the club's trustees, and not the named defendants.

Mr O'Scannail said that it is also his clients' case that the O'Farrells are bound by their membership of the GAA to have their claim go through an arbitration process through the GAA's Disputes Resolution Authority and not a court of law. Counsel added that if he was wrong on that point, it was their case that the dispute should be heard by a lower court than the High Court.

The O'Farrells reject the club's claims.

Their counsel, Richard Kean SC, said the proposed arbitration process is designed to deal with allegations that the GAA's rules have been breached, as well as disciplinary matters. The O'Farrell children had neither broken the rules nor have they been disciplined, counsel said, adding that the injunction application should be heard as soon as possible.

Mr Justice O'Moore said the case was an unusual one, where both sides were diametrically opposed to each other. The judge added that he was making no criticism of counsel in the case but said that the application for the injunction should be heard as soon as possible.

The judge fixed the hearing of the application, when all legal arguments can be advanced by the parties, for Friday, February 17, next. The matter is expected to take a half a day to hear.

Case background

Previously, the court heard that the O’Farrells are all paid-up members of Fingallians, Seatown West, Swords, and all of the children take part in both football and hurling.

In a sworn statement to the court, Ms O’Farrell says that a dispute arose following a football tournament for boys under 9 years of age in Newry, Co. Down, last year.

She claims that her husband, other parents, and volunteer coaches were unhappy with the approach to the tournament taken by Mr Richie Herity, who had been the head coach of the club's U-9 boys' group.

Arising out of the fall-out within the club from that tournament she said that Jason, and other adults whose children were part of that group of boys, were fired as volunteer coaches of the U-9s in September.

She added that since those parents' removal there have been a series of communications and meetings involving club officials, the O'Farrells and the other parents without any of the issues between them being resolved.

She said that her husband and her family were told in one communication by a senior club official last month that the entire family was asked to refrain from attending at the club until a meeting had taken place with her husband and the club's chairperson.

Ms O’Farrell said the entire affair had caused her and Jason the most profound shock and distress. The Farrell's solicitors wrote to the club seeking undertakings including that no steps be taken by Fingallians to prevent the O'Farrell children from accessing the club's facilities.

In a letter to the O'Farrell's solicitors, the club said that their children are "entitled to the same access to the club's facilities and activities as all other club members in good standing", and it had "no intention to exclude them."        

However, no undertakings were given and Ms O’Farrell commenced an action seeking injunctions restraining the officials from interfering with her family’s right to attend the club and participating with club teams or groups.

She also seeks declarations including that a message sent by the club to her husband earlier this month purporting to ban the family from training is unwarranted, unjustified, unlawful and has no legal effect.