A High Court decision yesterday which rejected a claim by a 20-year-old GAA player that he was entitled to transfer from one club to another in Clonmel has major implications for the future of smaller GAA clubs.
In an important decision relating to the GAA's rule 36, which governs transfer between clubs, the judge said the use of the word "apply" in the rule seemed to imply that a county committee had a discretion whether to allow such a transfer.
He rejected the claim by Mr Patrick O'Donoghue, a Clonmel Og player, that he was entitled to transfer to Clonmel Commercials/St Mary's club.
In his reserved judgment, Mr Justice McCracken said if rule 36 had not intended there to be a discretion in the county committee as to whether to allow a transfer, it would simply have stated that a player who wished to join another club must notify the county committee of his transfer.
Mr Justice McCracken said Mr O'Donoghue had no right, either under the Constitution or otherwise, to join Clonmel Commercials or St Mary's or any other club such as to cause that club to breach the rules of the GAA.
He said the county board had debated the position of Clonmel Og players on a number of occasions and had clearly taken a policy decision to protect the junior club against a haemorrhaging of its members so as to enable it to have some opportunity to attain senior status.
Mr Sean Ryan SC, for the GAA authorities, applied for costs but Mr Justice McCracken said the only person he could award the costs against was a young player and he was reluctant to do that.
Refusing the application, he said the action was taken as a matter of principle. Og club and there was also a considerable family connection with the club.