The dissolution of the branch
The Cluain Tarbh (Clontarf) branch of Comhaltas was dissolved as a result of a dispute between it and the Head Office of Comhaltas over the governance of the Clasac Arts Centre. The original letter suspending the branch threatened dissolution on the basis of a failure to comply with a directive to transfer a VAT refund relating to Clasac to the Comhaltas account. Expert tax advice consulted by the branch stated in no uncertain terms that such a transfer would be illegal. So the executive committee decided to return the refund to Revenue. The letter of dissolution surprisingly did not give the reason as the failure to comply with the original directive but instead cited a myriad of other spurious reasons, presumably because it had been confirmed that the former would have been illegal.
More detail on the issues involved (plus Frequently Asked Questions) is available here.
Appeal
On June 10th 2008 the branch, through their solicitors Mason, Hayes and Curran appealed the dissolution. The letter drafted by the solicitors is interesting as it applies a forensic legal analysis to the dissolution process and finds it lacking somewhat...
The letter of appeal is available here
Freedom of Information material
The branch has acquired, under Freedom of Information OI legislation, copies of all correspondence between CCE and the Dept of Arts, Sports and Tourism relating to the Clasac Arts Centre and the dissolution of Cluain Tarbh. This correspondence throws a very interesting light on the assertions made by CCE. We have had this material for some time now but, in order to give the Ard Comhairle time to reflect on their actions and to consider our appeal, we did not make it public. Our appeal has been ignored for five months. We now feel that we have no choice but to make the material in our possession public. It is available below.
- Letter from Dept of Arts, Sports and Tourism to Senator Labhras O Murchu expressing certain reservations following the controversy over Clasac and the dissolution of the branch
- Reply from Senator Labhras O Murchu in which he admits that there was no misappropriation of funds after having made allegations of mismanagement and financial irregularities.
- Letter from Jackie Thornton, CCE Auditor in which he states that "all expenditure ....was incurred in line with architects plans and expectations and has been fully and properly accounted for".
Mismanagement? Fiancial irregularities? The careers and professional reputations of members of our branch who have worked on this project in a voluntary capacity have been damaged by allegations that now are shown to have little substance.
The branch has distributed this material to all branches of Comhaltas with this covering letter. This sets out the position of the branch on the issues.