Jamie Bryson and Féile an Phobail: Charity Commission for Northern Ireland considers reporting itself to appeals body itself over Wolfe Tones IRA songs at West Belfast Festival

Gary Murray's sister Leanne was killed in the 1993 bomb attack which killed ten people, including an IRA bomber.

The Wolfe Tones have repeatedly been condemned for singing the Celtic Symphony song, which includes the pro-IRA chant, 'Oooo, Ahhh, Up the RA' at the west Belfast festival.

In June, the Charity Commission wrote to Mr Murray's representative, to say that Féile An Phobail had acted appropriately in accordance with charity law, and in line with its purposes, by hosting the band.

However, after being challenged by Mr Murray's legal representative - loyalist campaigner Jamie Bryson - the commission has now confirmed that it is considering referring the decision to the Charity Tribunal, which was set up in 2010 to hear appeals about its decisions.

Mr Bryson told the Nolan Show that the band sings a range of different IRA songs at the festival.

"The Charity Commission wrote to me in June on behalf of Mr Murray, to say that they had made the decision that the hosting of this event which included the singing of IRA was compatible with charity law,” he said. “We went back to them and pointed out the fundamental error in all of that.

"It's quite simple. In everything a charity does they must act in furtherance of charitable purposes, which are exhaustively defined in subsection two of The Charities Act 2008. So the very simple question for the Charity Commission which we have posed is this: 'What charitable purpose is furthered by hosting a concert which promotes a proscribed terrorist organisation?'"

When he challenged the decision, he said the commission was keen to review it. So he suggested that it had "got it so badly wrong the first time" that it should refer itself to the Attorney General or the Charity Tribunal.

Mr Bryson also said the commission is also reflecting on a legal question he put to it – how hosting a band which sings a range of IRA songs is compatible with the charitable purposes of the festival?

The Charity Commission told the News Letter that in August last year, it received concerns regarding the annual West Belfast Festival, held by registered charity, Féile An Phobail Limited.

"Having assessed the concerns raised, Commissioners concluded that the charity, as a result of performances at the festival, had not contravened charity law," it said.

"One of the concerned parties requested that the Commission review its decision not to take regulatory action under its internal decision review process. The charity was advised of this request.

"The concerned party also requested that a specific question is referred to the Charity Tribunal under para. 1 of Schedule 4 to the Charities Act (Northern Ireland) 2008. This request is currently being considered by the Commission.

"While both requests are under consideration, it would be inappropriate to comment any further at this time."

The News Letter also invited Féile An Phobail Ltd to comment.