Sports law solicitor calls for reevaluation of GAA's parish rule in relation to juvenile transfers

CHANGE NEEDED: Cork-based Niall Geaney has been contacted by several parents in different areas of the country about the difficulty presented by the rule. Pic: George Tewkesbury/Sportsfile

The strictness of the parish rule in respect of juvenile transfers is causing mental anguish among older children and forcing some out of Gaelic games, according to a leading sports law solicitor.

Cork-based Niall Geaney has been contacted by several parents in different areas of the country about the difficulty presented by the rule that exists in the majority of counties in the GAA and Ladies Gaelic Football Association over the past 12 months in particular.

Earlier this week, Geaney wrote to Minister for Sport Thomas Byrne on the matter and is calling on the sports bodies to reevaluate the rule when it applies to adolescents.

“The issue is around the age group of 12/13/14-year-olds, really,” says Geaney. “I have multiple cases where kids want to leave as they are either experiencing bullying which cannot be resolved or are just not extremely comfortable in the club for other reasons but because of their ages they are captured by the club.

“The exceptional circumstances rules do not appear to be working as it seems to require a high level of evidence such as medical reports, letters from schools etc if the child is claiming mental anguish.

“I have written to the LGFA requesting exact parameters of the exceptional circumstances that allow for such transfers, for example rule 132 in the county bye laws, and what exceptional circumstances are as it is unclear currently.

“Multiple parents have contacted me looking for guidance on what the term means under the rules and what is expected of them in their application. Parents are at loss as to what is required under the rules to be successful in their applications for transfer.

“A lot of families unfortunately just do not want to send their children to medical professionals for such reports and do not feel it should be necessary if correct investigations are carried out”.

“As such some of these children are simply leaving the sport. I spoke to one parent whose son has just started secondary school and cannot play football with his new friends as he cannot join the club and does not under any circumstances want to play with his old club due to a negative past experience but the county board are still assessing his case. He hasn’t played for 12 months and this is adversely affecting his mental and physical health.

“Sport is very important to some kids and that amount of time out can be very disruptive. Its needs to be changed. This is not an isolated case with multiple parents contacting me each month with kids not playing a sport they love due to red tape bureaucracy”.

Nine years ago, the Irish Examiner reported on the trouble a then 15-year-old had in lining out for Birr despite being a juvenile member and his family’s indelible links to the club. He was living in the Crinkill club’s catchment area at the time, who reported him playing for Birr and he along with Birr’s chairman and secretary were proposed sanctions.

Geaney believes the parish rule as it relates to juvenile transfers has to be relaxed for adolescents. 

“Overall, I think a new approach is needed for transfers involving U12s to U17s. There is certainly room for a parish rule to protect small clubs throughout the country and preserve the community aspects of the GAA but specific rules are needed for juvenile transfers.

“There should be new specific rules as regards setting up a separate juvenile transfer committee in each county board who will fast-track applications. All decisions should be made in discussion with the club, child welfare officer and importantly the parents in each case with face to face meetings if necessary. Clubs need to be sanctioned if they delay in addressing concerns or delay the transfer process.

“Currently, parents have difficulty even contacting the county board during the application process with only the club to rely on for updates on their case and if that parent/club relationship has broken down then this can be almost impossible. Exceptional circumstances also need to be clearly defined.

“Timelines for decisions should be short and strict – seven to 14-day turnaround on decisions where possible. No child should be in a situation where they are not playing for more than two months due to a transfer decision. Finally, there should also be a dedicated appeal structure for juvenile cases with mediation also an option if necessary.”