DRA prepared to meet early for Kildare claim

The Disputes Resolution Authority (DRA) is prepared to meet "as early as possible" in their attempt to resolve the ongoing controversy surrounding Offaly's win over Kildare in the Leinster football quarter-final last Sunday week.

On Wednesday night the GAA's Central Appeals Committee (CAC) rejected Kildare's petition that Offaly had misapplied the blood substitution rule, and instead stood by the Leinster Council's decision that nothing in the rulebook suggested they were in fact in breach of such an offence.

As anticipated Kildare are now calling on the DRA to give their verdict. County board chairman Syl Merrins explained that was the mandate given to them by the clubs when the board met on the matter last week, but that their only incentive was to get clarification on the blood substitution rule, rather than claim any objection to Offaly's victory.

Kildare have seven days to submit their claim for a tribunal to the DRA, and that process is already in motion and expected to be with the DRA over the weekend. Only after that claim is submitted will the DRA become active on the case, as DRA secretary Liam Keane explained yesterday.

"We can only act on this if we get the claim from Kildare," said Keane, "which hasn't happened yet. A lot will depend on that claim, in that Kildare must also name the respondent.

"Once that claim is submitted we go about setting up the tribunal, which has three DRA members sitting on it. So one of the things involved in setting up a date for the tribunal is the availability of those members.

"But certainly if it is an urgent matter it will be treated it that way. I'm aware that the All-Ireland qualifiers could be held up because of this, so we will be looking to set up the tribunal as early as possible."

Given the urgency of the matter it is anticipated the DRA will set their date for the end of next week. As things stand Kildare are due out in the qualifiers on Sunday week against Cavan, while Offaly meet Wexford in the Leinster semi-final on June 25th.

Each claim to the DRA must be accompanied by a €1,000 deposit, and there could be further costs involved depending on the outcome of the case. Again, given the urgency of the case, the DRA are likely to announce their verdict immediately after the tribunal, followed by a written explanation of their decision.

Kildare, however, also indicated last week that they're obliged to pursue "the ultimate course of action" - something that was "whole-heartedly approved" at last week's meeting. That suggested High Court action, and yet one of the main reasons the GAA adopted the new DRA code was to avoid that course of action.

"Because of the Arbitration Act, the courts would be very slow to intervene," said Keane. "Some misconduct in the arbitration process would usually have to be established."

So it does appear Kildare's last chance of clarifying the issue rests with the DRA - and whether or not that could yet impact on the result in Croke Park last Sunday week.

The DRA, part of Arbitration Rule and a Disputes Resolution Code passed at Congress 2005, is independent of the GAA, with the panel members comprising of solicitors, barristers, arbitrators and persons "who, by virtue of their experience and expertise in the affairs of the association, are properly qualified to resolve disputes relating to the rules of the association".

Jim Forbes, the chairman of the CAC, declined to comment on the reasons for rejecting Kildare's appeal at Wednesday's meeting in Croke Park on the basis that it was set to go before the DRA. Yet the Kildare officials had apparently given them something to think about, with the CAC reportedly taking around 45 minutes to reach their decision.

Merrin's described that outcome as "disappointing", adding that "the whole area of the lack of clarity in the rule and the fact that we believe six subs were used" is the only reason they are now calling on the DRA.

Interestingly, GAA president Nickey Brennan earlier this week welcomed the likely intervention of the DRA, saying they "will put down a legal definition on it that will help the process going forward".

In a separate matter, Clare's request to get their football qualifier against Antrim played on Sunday week as opposed to Saturday week would be accommodated by the GAA fixtures committee, as long as agreement is reached between the two counties.

"That's something we would be open to agreeing on," said a GAA spokesperson, "but if would require a request from both counties involved, which we haven't received as yet."