Re: Canoeing Ireland (ICU) – Board Statement 2

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Seanie
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Re: Canoeing Ireland (ICU) – Board Statement 2

Post by Seanie » Tue May 03, 2011 4:37 pm

ICU wrote:To the Secretary of every Canoe Club affiliated to the Irish Canoe Union.

Re: Canoeing Ireland (ICU) – Board Statement 2

Further to the previous statement by the Directors of ICU I am now writing on behalf of
the Board to apprise all affiliated clubs of the current situation.

1. LEGAL PROCEEDINGS
The legal proceedings against the ICU initiated by Mr. Michael Scanlon, Chief
Executive seeking to prevent the ICU from proceeding with its disciplinary process
have been heard in the High Court and a judgement is awaited.

2. EGM REQUEST
A request to convene an EGM was submitted to the ICU by the eleven affiliated
clubs listed below. Article 24 of the Constitution provides for the convening of an
Extraordinary Delegate Meeting (EDM) to be convened at the request of 10 affiliated
clubs within 60 days of the receipt of the request. The stated reason for the EGM
request was to provide a forum for the discussion of recent events and to put a vote
of no confidence in the Executive Committee. On behalf of the Board I wrote to the
clubs listed below requesting that they make known the basis of their allegation or
complaint against the Executive Committee.

1. Salmon Leap Canoe Club
2. Barrowline Canoe Club
3. Kilcullen canoe Club
4. Newbridge Kayak Club
5. Lir Canoe Club
6. Trim Canoe Club
7. Rockhoppers Canoe Club
8. Voyagers canoe Club
9. Carrick on Shannon Canoe Club
10. Kilcock Canoe Polo Club
11. Phoenix Kayak Club

Only the clubs numbered 1 to 5 above replied and none of those specified the nature
of their allegation or complaints against the Executive Committee as requested. No
response was received from the remaining six clubs.

3. CURRENT POSITION
The position in relation to the request for the EGM was considered, in detail, at the
Board meeting held on Wednesday 20th April.

Legal advice has indicated that:
  • In the interest of all the parties before the High Court no further comment
    should be made until judgement is delivered.
  • This includes the holding of an EDM at which the discussion in relation to the
    matters before the Court could seriously prejudice the interests of either or
    both of the parties involved.
  • In order to comply with the provisions of the Constitution the EDM as
    requested could be convened but none of the matters before the court could
    be discussed without prejudicing the interests of those involved in the court
    hearing. The net effect of this would be that the meeting would need to be
    adjourned without discussion.
The failure on the part of the clubs seeking to convene the EDM to specify the nature of
their allegations or complaints against the ICU Executive together with the nature of the
legal advice available to it has left the Board of the ICU in a very difficult position.

The Board considers that it not unreasonable to allow the Executive an opportunity to
defend itself. It therefore believes that the persons seeking to oust the Executive should
explain to the persons they appear to be accusing of wrongdoing of the nature of that
wrongdoing. It was for this reason that the clubs seeking to convene the EGM were
requested to specify the nature of their allegations. In addition to this while the holding
of an EDM would fulfil the requirements of the constitution the necessity to adjourn it
in the absence of discussion would clearly frustrate members who travelled with the
reasonable expectation of participating in a discussion. For these reasons the Board has
decided that an EDM will not be immediately convened.

Notwithstanding this decision the Board has however requested me to convey the
message that its decision not to hold an EDM at this time is intended to protect the
interests of all the parties involved in the legal proceedings rather than to frustrate any
desire on the part of members of the ICU to be made aware as to the nature of recent
events. It has therefore asked me to advise all affiliated clubs to convey an undertaking
on its behalf that an EDM will be convened, as soon it is prudent and practical to do so,
after the delivery of the High Court decision.

Should anything significant occur in the interim all affiliated clubs will be advised
accordingly.

Karl Dunne
Honorary Secretary

28th April 2011
ICU 2nd Statement.pdf
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