GAELIC GAMES: By establishing a new central appeals committee and arbitration system the GAA believe they have found a way to fireproof disciplinary procedures against legal challenges and the securing of temporary injunctions.
If, as expected, the proposals are approved at next month's Congress they will mark the most radical overhaul to such procedures in the history of the association.
Full details of the proposals were presented by the relevant committee chairman in Croke Park yesterday and much of the language used would have been more at home at the King's Inn. There were in fact three components to the proposals, the first of which involves splitting up the current Games Administration Committee (GAC) and then the establishment of the new appeal and arbitration systems.
While the splitting of the GAC is relatively straightforward, the appeal and arbitration systems involve more complex proposals partly designed to end the growing concern of the GAA being regularly taken to court by members hoping to set aside disciplinary decisions.
Chairing the GAC task force was Paraic Duffy of Monaghan, and he outlined exactly how the committee would be divided into two (fixture scheduling and discipline) and which is proposed to Congress as motion 50. These new committees will be known as the central games administration committee, which will look after fixtures, and the central disciplinary committee, which will take care of discipline.
The members of both those committees will be appointed rather than elected. Hand-picked, in other words, to ensure the best brains are utilised. Interim committees would run until the Congress of 2006.
Motion 51 to Congress covers the more far-reaching proposals put forward by the rule book task force, which was chaired by Cork's Frank Murphy. Considering the legal implications involved it was no surprise that three legal experts were part of that task force: former high court judge Liam O'Flaherty, current barrister Micheál O'Connell and solicitor Liam Keane.
Essentially there could now be a three-step journey to all GAA disciplinary matters, although the intention is the procedure will mostly end at step one. Again an interim committee would hold office for the course of the next championship season.
But should any member wish to appeal a decision of the central disciplinary committee they will now be heard by the central appeals committee - or move on to step two. This would include all appeals up to now heard by Central Council, Management Committee and the GAC.
The decisions of this new appeals committee is seen as final and binding, subject only to a case being referred to the new arbitration system under a disputes resolution code.
Murphy outlined six main reasons the Central Appeals Committee was now necessary. As well as reducing the unnecessary demands placed on Central Council and Management Committee, it would rationalise the hearing of appeals of central level, allow for the inclusion of people with legal expertise, and create for the first time a dedicated appeals committee. It would also complement the new GAC and provide a coherent and logical structure for the administration of discipline.
But the third and final step is where things get interesting. The arbitration system would deal with any irregularities at hearings or appeals, and is designed specifically to replace anyone resorting to the courts for satisfaction. Personal injury claims and employment contracts are about the only possible exemptions.
A new arbitration rule must first be enacted, and a change in Rule 6 would also be required to make it obligatory for the new system to be used rather than the courts. A new disputes resolution code also sets out the procedures applicable to the operation of the system.
Overseeing the whole arbitration process would be a new secretary, whose role would include the established of a 30-strong legal panel from which the tribunal panel would be selected. All this legal expertise would be provided on a voluntary basis and, according to Murphy, a pool of some 40 volunteers had already been identified.
Crucial to this arbitration system actually working is the full embodiment of the current Irish Law of Arbitration. That is what would ultimately prevent members from still pursuing the legal route.
How it works
RULE BOOK TASK FORCE: Frank Murphy (chairman); Liam O'Flaherty, Micheál O'Connell, Liam Keane; Dan McCartan, Declan Hallissey.
GAC REVIEW TASK FORCE: Paraic Duffy (chairman); Tony O'Keeffe, Jimmy Treacy, Jerry Brady, Pat Fitzgerald, Frank Murphy (secretary).
GAC
divided into Central Games Committee Administration and Central Disciplinary Committee
NEW CENTRAL APPEALS COMMITTEE hears all appeals arising at central level decisions shall be final and binding to be constituted from Congress 2006 onwards
NEW ARBITRATION SYSTEM deals with any alleged procedural irregularities at appeals is overseen by arbitration secretary, appointed for three years will replace any resort to the courts for satisfaction
