A HIGH Court action by two schoolboys who claimed they might have to give up sport altogether because the GAA would not let them play football for the club they love has been settled.
Under the settlement, a new vote will be taken at a meeting of the Kerry County Committee on July 11th next concerning whether brothers Padraic (14) and Colin (8) O’Sullivan should be given a derogation from a GAA rule providing that people may play only for the parish in which they live.
Mr Justice Paul Gilligan, who had urged the parties to consider mediation, yesterday congratulated them on the agreement. He fully accepted there were important principles involved but was glad the parties had stepped back from proceeding with litigation.
Through their mother Christina, the boys had sued Peter Twiss in his capacity as secretary and representative of the Kerry County Board. They claimed they were being deprived of their right to play Gaelic football because they have been told they must play for Firies GAA Club more than seven miles from their home in Ballytrasna, Faha, Killarney, when they wanted to play for Listry GAA club, about a mile away.
Because they live in the parish of Firies, they were told by the county board, under the GAA’s “parish rule” or “rule 20”, that they must play for the Firies club.
They sought a number of orders including an injunction restraining the county board preventing them playing for Listry. They claimed that unless they were allowed to play for Listry, they might give up playing sport altogether. The claims were denied.
Following discussions, Ercus Stewart SC, for the boys, said the case could be struck out on the basis of an agreed statement read out in court. That stated it was agreed, at a meeting of the county committee on July 11th next, a derogation from the parish rule will be sought on behalf of the O’Sullivans.