Abbey Theatre report finds 'unclear governance framework'

Evelyn O'Rourke Evelyn O'Rourke | 09-18 00:15

A report has found an unclear governance framework and gaps in significant processes at the Abbey Theatre during 2019 and 2021.

The Crowe Report into past governance issues at the theatre was published this afternoon.

The publication of the report, detailing the "independent review of governance arrangements and policies at the Abbey Theatre", focuses on the period 2019 to 2021.

It follows a series of issues over finances, culture and governance at the Abbey arising from the departures of former co-directors Neil Murray and Graham McLaren in 2021.

The theatre published 12 findings, six recommendations and actions taken but has not published the report in full stating that "following consideration and informed by legal advice received, the board concluded that the Abbey Theatre could not publish the report in full as this would result in breach of legal protections and contractual restrictions and agreements… so what is published today is the summary of findings, and recommendations from the report".

The report was commissioned by the Abbey Theatre at the request of the Arts Council, which was concerned about governance issues and other matters at the theatre.

Concerns over the complex legal and financial issues at the theatre between 2019 and 2021 led the Arts Council to holding part of the theatre's annual budget of €8 million.

Settlements

An in-depth report was carried out by Mazars into costs at the national theatre. According to the Irish Times, the report showed that almost €700,000 was spent on human resources investigations and termination payments. The Crowe Report was set up to examine these issue from 2019 to 2021.

Work on the report began in December 2022 and it was believed to have been completed late last year.

The timeframe covered the tenure of Mr McLaren and Mr Murray, who were artistic directors from 2016 to 2021.

There had been ongoing tensions between the pair and the Abbey, and, as recently as July this year, they published a public statement outlining their views on issues facing the theatre as they see it.

During and after their tenure expired, there were allegations and complaints regarding HR issues with Mr McLaren, which were eventually dropped.

The investigation into those complaints were supposed to take eight weeks, but carried on for two years before being dropped.

Mr McLaren received a settlement which had been reported as €110,000 for the distress and suffering he endured.

Separately, both men received settlements because of their complaints regarding future employment opportunities at the theatre.

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Key findings

The 12 findings by the Crowe report address significant questions about governance at the time.

The first key finding was that the organisation had complied with its statutory obligations, and that the board did not contribute in the two-year delay into HR matters.

It also found that the question of whether and to what extent the Abbey complies with the Department of Public Expenditure and Reform (DPER) Code of Practice for governance is one it must resolve on an urgent basis.

Another key finding was in relation to record keeping. Two committees had been set up to investigate the HR complaints and it found that no notes of the business of the two committees were kept by the Abbey.

The review also stated that it was not appropriate for the Abbey to rely on emails to document its business during the period of the investigation - an approach which was not in keeping with good governance standards, it said.

The report found that the involvement of the former chair of the Abbey board's involvement in the work of the two committees left the the board "with no independent final arbiter".

Significance of report

It is hoped that this report will shed light on unanswered questions from the period of 2019 to 2021, which is crucially important for the new leadership team.

It is also one of the consequences of the Arts Council withholding some of its budget.

The Arts Council had attached several conditions to its funding for the Abbey. It said the conditions were "to safeguard the expenditure of public moneys now and into the future."

It said the Abbey must demonstrate that it has taken these issues on board to regain its full footing with the Arts Council.

Two new directors have been appointed since 2021, Executive Director Mark O'Brien and Artistic Director Caitriona McLaughlin. A new chair of the board was also recently confirmed - John Cronin.

Other key document

The other key document published today outlined the actions already taken by the Abbey in response to the findings.

"Further actions" agreed with the Arts Council were also detailed, with the council confirming processes are in place to firm up record management and governance training for the board.

The Arts Council said it welcomed the publication of the report.

It added: "We can confirm that all conditions attached to their 2022 funding agreement relating to this matter have now been satisfied."

This will be viewed as positive news for the Abbey as the funding stream from the Arts Council had been secured.

The Abbey's last production 'The Sugar Wife' ended in late July, with the next full production in mid-September.

The Abbey said that the pause was due to "refurbishment", but others have questioned whether it was due to the shortfall in funding.

Given the Abbey's national significance, the status of the Crowe Report is a matter of concern not just for the institution itself but for the wider arts community as a whole.

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