State took advice on Páirc Ui Chaoimh fund conditions amid Miller match controversy

Officials within the Department of Transport, Tourism, and Sport sought legal advice on the terms and conditions attached to the funding of Páirc Uí Chaoimh following the publication of an article in the

State took advice on Páirc Ui Chaoimh fund conditions amid Miller match controversy

By Joe Leogue

Officials within the Department of Transport, Tourism, and Sport sought legal advice on the terms and conditions attached to the funding of Páirc Uí Chaoimh following the publication of an article in the Irish Examiner querying the GAA’s initial refusal to host the Liam Miller tribute match.

Internal emails released to this newspaper under the Freedom of Information Act reveal an article by lawyer Tim O’Connor was shared among department officials, and his subsequent appearance on RTÉ radio was transcribed and circulated within the department.

On Friday, July 20, a senior department official contacted the GAA, citing the EU State Aid ruling — the same day this newspaper published Mr O’Connor’s article in which he questioned whether the GAA’s decision not to host the game ran contrary to the terms of €30m funding awarded to the stadium.

Given the Government’s €30m investment, and the need for EU state aid rules to be abided by, I would welcome clarity regarding your governance arrangements and decision making in certain circumstances, particularly in cases involving public interest and significant Government investment,” assistant secretary Ken Spratt wrote.

Later that day, the GAA told the department that it was to issue a press release in which it would say the association was prohibited by its rules from hosting the match at Páirc Uí Chaoimh, that only a rule change at Congress could change the situation, and that it had sought legal advice and was “fully compliant” with the terms of the funding.

On Monday, July 23, Noel Sheehan of the department’s Sports Capital Programmes contacted Michael Dreelan, legal advisor to the department, seeking his advice on the hosting of the tribute match at Páirc Uí Chaoimh. In his request, he attached a copy of the European Commission’s decision on the stadium funding.

The next day, Mr Sheehan sent colleagues a briefing from the Sports Capital Programmes Division outlining the history of the European Commission’s involvement in the funding of Páirc Uí Chaoimh.

Under a section entitled ‘Legal Advice’, Mr Sheehan noted that the GAA did not believe their original decision breached the terms and conditions of the funding . However, the section outlining the department’s own legal advice was redacted in the copy of the document released to the Irish Examiner.

The same day, Mr Sheehan had correspondences with Sylvester Carruth, an official with the Department of Foreign Affairs who was previously with the Department of Transport, Tourism, and Sport.

Not sure wr [sic] could force them to host it,” Mr Carruth advised. “Probably more case of moral persuasion. And classifying event as a fundraiser rather than an actual soccer match.

Later that day, the match organisers and the GAA said that both sides held a “constructive” meeting and that the GAA would consider a proposal for hosting the event.

Four days later, the GAA announced the match would take place at Páirc Uí Chaoimh.

The Department yesterday refused to reveal the legal advice it received when asked if the Cork County Board would be violating the terms of the funding if it were to refuse access to the stadium to other field sports in future because of internal GAA rules.

“As previously stated, the decision by the GAA to facilitate the Liam Miller testimonial match in Páirc Uí Chaoimh was welcomed by both Minister Shane Ross and the Minister with responsibility for Tourism and Sport, Brendan Griffin,” a spokesperson said.

“Both Ministers expressed their appreciation that a practical solution was found which allows a significantly higher number of people to attend the event. Any alleged cases of non-compliance with the terms and conditions of the Sports Capital Programme are looked at by the Department if and when they arise,” the Department said.

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