19 November 2013
Special Congress
1. Amend Rule 4.2(i) T.O. 2012 (Part 2) (Equipment)- Page 13 to read:
“ In all Hurling Games and Hurling Practice Sessions it shall be mandatory for, and the responsibility of , each individual player to wear a helmet with a facial guard that meets the standard set out in IS:355 or other replacement standard as determined by the National Safety Authority of Ireland (NSAI). Such helmets shall not be modified from their original manufactured state in any circumstances”.
Note:
The rationale for this is to remove the onus that is at present on the Referee and put it fairly and squarely on the shoulders of the Player or their Parents, Guardians or other persons legally responsible for them. There is no point in exempting the Referee and putting the onus on a Bainisteoir or the Lead Official as the GAA will ultimately be liable.
2. Amend Rule 1.1 (x) T.O. 2013 (Part 2) (Rules of Control)- Page 17 to read:
“To order that all players are correctly attired in so far as this is required by Rule”
Note:
The major change here is the deletion of the word safely from the Rule and the addition of in so far as this is required by Rule. The rationale is similar to 1 above in reflecting the responsibility of the Player, Parents, Guardians or others to ensure that the proper standard and unmodified helmet is used at all times. It still gives the Referee the power to ensure that a Player is properly attired – i.e. wearing a helmet.
3. Delete Rule 1.2 (v) T.O. 2012 (Part 2) (Rules of Control) – Page 18.
Note:
This is to reflect the removal of responsibility for checking helmets from the Referee. The blood sub issue is already adequately dealt with in Rule 1.5 (b) – Page 21
4. Amend Rule 4.3 T.O. 2013 (Part 2) (Equipment)- Page 14 to read:
“In all Football Games and Practice Football Sessions, it shall be mandatory for, and the responsibility of, each individual player to use a mouth guard”
Note:
This amendment mirrors the exact wording of the “Helmet” Rule in terms of responsibility.
5. Insert a new Rule 5 at end of Rules of Control – Page 26 (T.O. 2012 Part 2) to read:
RULE 5: LIMITATION OF LEGAL LIABILITY
“These Rules shall not impose on any Referee, Linesman, Umpire, Sideline Official, Team Official or Unit any legal duty of care or legal responsibility (which duty shall remain with individual Players and, if relevant, Parents, Guardians or other persons legally responsible for them)”.
Note:
The rationale for the inclusion of the above new Rule is to protect the Association, in as far as is reasonably possible, against any claims arising from injuries sustained by Players where such injuries are as a result of a Player wearing an incorrect standard of helmet or a modified version of the proper standard. While it cannot be guaranteed that it removes liability entirely, it will certainly present an extra stumbling block and a deterrent to any prospective litigants.
