and now for the truth : from www.cluaintarbh.net -
Response to issues raised in HQ’s letter of 14 March and its press statement of 28 March 2008
HQ has presented misleading and false information in its letter of 14 March and its press statement of 28 March. The branch Executive Committee asks members to note the following facts:
VAT
The branch has responded fully to all the queries raised by HQ within the suspension period, including in relation to VAT refund matters. Furthermore, the VAT refund position has been explained in the information notes provided to members at the EGM and the general meeting on 1 March.
The VAT refund was handled in conjunction with HQ with the benefit of expert tax advice. Allegations of any irregularities in relation to the VAT refund can only be treated as malicious as HQ was the original promoters of the refund, it agreed to the application process and supplied most of the information required. This included registering CLASAC as a separate taxable entity.
HQ was also made fully aware of the tax implications of it taking control of the centre, including that the VAT refund would have to be returned to Revenue. At its meeting on 25 February the branch Executive Committee adopted the advice of the tax expert to return the refund in full to Revenue as we were legally obliged to do. The termination of the VAT registration was an integral part of that process and the branch’s actions in relation to the VAT refund were vindicated in writing by the Revenue Commissioners.
The use of our repayment of VAT as a pretext for dissolving the branch is totally unwarranted.
Debts
HQ’s assertion that the branch incurred huge debts and that no provision was made for their payment is grossly misleading. HQ caused the financial problems.
It had been agreed with HQ from the outset of the project, and as part of our business plan, that a bank loan would be arranged to supplement Government grants and fundraising to cover the cost of the project. HQ had no difficulty at that time with the trustees entering into the loans on behalf of the branch. (Indeed, HQ representatives participated fully in the negotiations with the bank). Had these arrangements been put in place as agreed there would not have been any financial difficulties for any of the contractors.
The agreed bank loans were successfully negotiated to cover all outstanding project costs, but at the eleventh hour HQ withdrew its support by preventing the Trustees (the only persons under the Comhaltas constitution entitled to do so) from signing for the loans on our behalf. HQ even suggested individual branch members provide the collateral (you will recall the EGM on 8 January).
HQ then blamed us for not having the funding in place to pay contractors and used this as their excuse to take the centre from us. HQ staff, who had been handling payments to contractors up to that point, then directed all contractors to seek outstanding payments from named branch officers.
In an effort to allay fears the branch engaged into direct dialogue with contractors to explain the unjustifiable actions of HQ. On the basis that it expected to receive the VAT refund about mid December 2007 the CLASAC committee (which included a Comhaltas HQ employee) agreed unanimously to allocate a portion of the expected refund to the main contractor as a means of providing some alleviation. The main contractor was informed of this decision on 7 December, subject to the refund actually being received.
While the expected refund materialised about a fortnight later, the question of the branch being in a position to retain and utilise the VAT refund arose in the intervening time. The contractor was immediately informed of this further development. The branch maintained the dialogue with the contractors and it appreciates very much the forbearance and understanding shown by all the contractors during this period as it sought to have the trustees commit on the branch’s behalf to the agreed loan arrangements.
Informing the branch
HQ’s assertion that there was a serious breach of the Bunreacht because the branch failed to bring key correspondence to the attention of a full meeting of the branch is specious.
All requests from the branch since the EGM on 8 January to meet HQ have been turned down. This stands in marked contrast to the approach adopted by the branch Executive Committee where all correspondence from HQ was discussed in detail and where, during a 10 week period, the whole branch met on 4 separate nights to discuss all matters.
The unanimous vote of confidence in the branch Executive Committee at the general meeting on 19 March also undermines HQ’s position.
No appeal process
The letter of 14 March informing us of the dissolution of the branch makes no provision for any appeal. HQ has acted as judge, jury and executioner in our case.
The branch has been denied a fair hearing at every stage of the dispute, including:
· Our correspondence setting out our case has been withheld from the members of the Ard Comhairle,
· Our formal request to meet the Ard Comhairle was also withheld from them.
· The normal appeal process through the County Board as provided for in the Comhaltas constitution has been denied to us because of HQ’s instruction to Dublin County Board not to deal with our case and to exclude our representatives from their meetings.
Statement of Clontarf branch of Comhaltas 29 March 2008
Clontarf branch of Comhaltas rejects outright the version of events/statement issued yesterday by Comhaltas Ceoltóirí Éireann. The statement is as mischievous as it is inaccurate and represents one more attempt by Comhaltas HQ to muddy the waters to cover up their own improper actions in dissolving the Branch and in taking over our CLASAC centre project.
Clontarf branch has been teaching traditional music in Dublin for 45 years. Clontarf conceived CLASAC as a world-class centre for the performance, teaching and fostering of traditional music.
Clontarf has led the development for the past 15 years, including acquiring the site, running many fundraising activities, securing public funding for the project, obtaining planning permission and managing the building project to completion. A professional design team has successfully controlled all costs.
For the past two years, during the building phase, the branch worked closely with HQ. However, it became progressively clear in recent months that their main interest was to take control of centre after the hard work was done and the building was ready to open.
At the eleventh hour HQ withdrew their support for previously agreed bank loans that had been successfully negotiated to cover all outstanding project costs. They then blamed us for not having the funding in place to pay contractors and used this as their excuse to take the centre from us.
In a further step in their campaign against the branch, they used the issue of repayment of VAT as a pretext for dissolving the branch. At all stages the branch acted with the benefit of professional tax advice, and the actions in relation to the VAT refund were vindicated in writing by the Revenue Commissioners. Allegations of any irregularities in relation to the VAT refund can only be treated as malicious as Comhaltas HQ were the original promoters of the refund, they agreed to the application process and supplied most of the information required.
In making key decisions against the interests of the branch, Comhaltas HQ withheld vital information from the Central Executive Council, they refused to allow the branch make their case directly and they refused the branch any avenue of appeal. Furthermore, all requests by the branch to meet representatives of HQ to try and resolve the difficulties were rejected.
Branch members are incensed by their treatment and what they see as bullying and intimidatory tactics by HQ and by the continual distortion of the facts by them, including the latest press statement. At the most recent general meeting of the branch on 19 March the members unanimously endorsed the actions of the Branch executive committee and rejected the dissolution.
The branch activities will continue as normal, including the very significant teaching programme for children. Many messages of support have been received from Comhaltas branches at home and abroad and from the wider traditional music community
The Branch demands to be reinstated and the return of the Clasac project. Justice and fair play demand nothing less.