Following the October 1st briefing the NMC wrote to all Provincial and County Commissioners, principle points from this letter include:
- The members of the NMC who stayed in place after October 6th 2018 had no insight concerning serious and complex matters and other problems which were already in existence.
- Operating under the constitution and Rules (of the Association), the NMC co-opted two people to fill vacancies that arose.
- A member of the NMC who is in the legal profession has drafted a memo indicating six different issues that need to be resolved prior to the windup of the Association and that memo has been shared with the Board.
- A number of people including some former senior volunteers have been commenting publicly about the need for not closing the Association yet and even speculating as to possible motivations about that, these observations are unfortunate, regrettable and ill-informed.
- The individual members of the NMC are weary and extremely frustrated that the work is not completed, they would prefer now if others would take up the work outstanding to windup the Association.
- The NMC intends to convene a meeting of National Council in the early part of 2021, to propose a mission statement and constitution for the Association, presumably to enable an elected committee to complete the winding down and close the Association.
A full copy of the letter can be found by clicking on this link
In August of this year (2020) the NMC issued an update to the membership which informed the membership that:
- The accounts ending 31st August 2018 were finalised on December 9th 2019
- Because of the passage of time they would “now require the accounts for year ended 31st August 2019 in order to complete the operational transfer agreement”.
- “A joint meeting of the Scouting Ireland CLG and the NMC took place during May 2019 in Larch Hill, based in the context that the windup of the association was dependent on the conclusion of accounts for the year ended 31st August 2018, the transfer of the relationship from the association to the Scouting Ireland CLG and work to be completed on appeals/disciplinary matters.”
It went on to declare the that:
“Due to the complex relationships between the NMC/Association and other scouting entities it became evident that it would not be possible to windup the Association in relatively short order.
The complex issues currently being addressed by the NMC are:
- Scouting Trust Companies transfer of relationship from the Association to Scouting Ireland CLG.
- Association Accounts for year ended 31st August 2019.
- Delays arising from outstanding appeals/disciplinary matters.
- Outstanding Claims and Liabilities.
- The orderly and legal transfer of assets and liabilities from the Association to the Scouting Ireland CLG.
Therefore, we are unable to progress the completion of a transfer agreement until such issues are resolved.”
Commentary on each of the items listed was given as:
- Trust Companies. “Work continues and includes complex issues that must be addressed prior to winding down the Association”
- Association Accounts. “a significant portion of supporting documentation from the Scout Counties” is outstanding, “a resource has been engaged” and “this work is in progress and being conducted by the Scouting Ireland CLG Finance Department and the Finance Support Team”
- Outstanding appeals/disciplinary matters. “The work of the Sub Committee was completed in December 2019. Subsequent appeals to the National Secretary by the four appellants, against the findings and determinations of the Sub Committee, were completed in May 2020. We cannot make any further comment at this time in respect of this matter.”
- Outstanding Claims and Liabilities. “An issue has arisen in relation to the indemnity being provided under relevant insurance policies” and “the legal advice is that the Association should not be wound up until such time as this issue is resolved”.
- Transfer of assets. “an exercise needs to be completed in this regard to list any and all assets and liabilities held by the Association”.
A section entitled “Work Completed to date” includes this: “Whilst the Scout Counties and Scout Provinces continue to operate as support structures within the Association, the plan is to move the operations of Counties and Provinces to Scouting Ireland CLG. The accounts of the Association will form part of the transfer agreement, and will in due course, be transferred to Scouting Ireland CLG. Work is ongoing in this respect.”
A full copy of the Update can be found by clicking on this link
In its update of September 2019 the NMC reported that:
- They had retained solicitors to assist with the legal preparations required to wind up the Association in a lawful manner, in November 2018
- Met with the newly-elected Board in December 2018 and handed over a Safeguarding Action Plan, that was the only matter discussed at the meeting and there had been no other joint meetings with the Board between October 2018 and September 2019
- The National Treasurer had supported an orderly handover, to the Board, of the relationship with the Department of Children and Youth Affairs
- The report from the barrister re. 4 senior volunteers was delivered to the National Secretary in February 2019 but at that point the NMC were unable to further their work because they were unable to secure a quorum for their meetings, this situation persisted until August 2019 and by September a sub-committee was reviewing on the report.
- A significant element of the wind up of the Association relates to the approval of the Financial for the year ended 31st August 2018 relating to the Scout Counties, County Campsites and Scout Provinces. Work was underway on this aspect.
- The National Secretary was to liaise with the solicitors for advice about the quorum and was to convene a meeting of National Council when all outstanding matters have been addressed.
- The remainder of the bulletin went on to set out the specific areas of work and what progress had been made on each. This was set out in the same format as the previous (August 2018) Bulletin and so included some items which were now with the Board since the EGM of October 2018. The only item listed, in this section of the bulletin, as being with the NMC was “a number of legal cases pending” and it was reported that “These items form part of the handover documents of the Association to Scouting Ireland the Company and will be included in the Transfer Agreement being drafted in conjunction with the Solicitors.” Note: The name of the legal company was provided in the update, but it serves no purpose to name them here.
A full copy of the Update can be found by clicking on this link