Rory Gallagher free to resume coaching and managing teams after DRA rule in his favour

19 March 2023; Derry manager Rory Gallagher during the Allianz Football League Division 2 match between Derry and Clare at Derry GAA Centre of Excellence in Owenbeg, Derry. Photo by Ben McShane/Sportsfile

Although the Disputes Resolution Authority ruled to lift Rory Gallagher’s debarment from GAA activity, the independent arbitration body said the initial decision of the Ulster Council “was not disproportionate on the facts of the case”.

Gallagher is free to resume coaching and managing teams after the DRA found in favour of the Fermanagh native against the Ulster Council’s debarring judgement.

Gallagher’s DRA hearing had taken place on February 1 and notification of their ruling was issued to the relevant parties on Wednesday morning.

The former Derry football manager had been temporarily barred by the Ulster Council as they commissioned a safeguarding panel to look into domestic abuse allegations pertaining to his private life.

These allegations surfaced during the build-up to Derry’s Ulster final against Armagh last May. Gallagher announced he was “stepping back” from his role as Derry manager 48 hours before the provincial decider.

Two days after the county retained the Ulster crown, Gallagher brought an end to his four-and-a-half-seasons at the helm. He had been coaching Monaghan club Corduff prior to notice of the Ulster Council suspension, which was issued last September.

In the final page of its 19-page ruling, the DRA said “our award will declare invalid the decision of the Respondents to impose debarment on the Claimant and to refuse the appeal taken by the Claimant against that decision”.

Earlier in the ruling document, it was noted that “the Ulster Council did not have power to debar the Claimant in the manner it sought to do for the reasons discussed earlier.

“We should also note that – in light of what we have said – the power of the Safeguarding Panel to impose 'final' sanctions is similarly impaired and, while the panel may investigate as it wishes, the status of any report on foot of it is no more than to assist the relevant Council or Committee-in-Charge in deciding whether it wished to take disciplinary action under the provisions of the Official Guide. It would not have the status of evidence in any disciplinary action.”

The DRA did offer the view that had the Ulster Council the power to debar, the decision of the safeguarding panel was not “disproportionate”.

“In light of the foregoing, it is not necessary to decide whether the action of debarment was proportionate or not in the circumstances of the case. Nevertheless, in deference to the time spent by the parties on the issue, we express the view that – on the hypothesis (contrary to our decision) that there was a power to debar – the decision of the adult Safeguarding Panel was not disproportionate on the facts of the case.

“The Adult Safeguarding Panel was responding to a very unusual state of affairs and, whether one agrees with its decision to initiate an investigation or not, it was not unreasonable or malicious to do so.

“The steps taken by the Claimant to stand down from his position as manager of the County team was perfectly understandable, but it was a voluntary decision.

“The Safeguarding Panel was not entitled to assume that the Claimant would step aside from all activities, because he never said he would do so. However, they did make that assumption, and that excuses somewhat a degree of delay in deciding whether to impose any interim restrictions.”

Gallagher is expected to return to club coaching in the coming weeks. Prior to leading Derry to a first Ulster crown in 24 years in 2022, he had served as Donegal and Fermanagh manager, and was assistant to Jim McGuinness when Donegal won the 2012 All-Ireland SFC.