Agenda item

Issue raised by Jacob O’Callaghan (Hornsey Historical Society):

To discuss the London Borough of Haringey Standards Board hearing held on 30^th & 31^st March 2011 investigating the complaint against the former Chair of the Board of Trustees.

RECEIVED the comments of Jacob O’Callaghan in relation to Haringey Council’s Standards Determination Hearing decision of 30^th March 2011 (Page 39 of the agenda pack).

NOTED

• The questions for the trustees posed by Mr O’Callaghan:

1. Do the trustees, and the council solicitors, consider the licence given to Firoka either valid and binding, or, ultra vires and not binding? If the latter, will the trustees challenge that the charity’s funds should indemnify those losses and order they be not charged to the charity’s funds as a debt?

2. Have the trustees taken independent legal advice as to whether the charity’s various legal advisers should have (a) checked the final version of the licence and warned the trustees accordingly; (b) monitored and intervened on behalf of the charity to protect it during the licence period; (c) advised the trustees to terminate the licence with Firoka and evict them immediately after the successful JR, and (d) consider whether the charity or council should take action to recover the resultant losses to the charity, from those advisers?

3. Have the trustees taken advice as to legal action against Firoka Ltd for an account of profits during its occupation of the Palace?

• The Interim General Manager – Alexandra Palace advised that he had been aware that the Interested Group intended to raise a question but as he had not seen Mr O’Callaghan’s detailed questions in advance he was not able to provide comprehensive answers on the spot. Mr Gill advised that that the Trust's solicitors had been instructed to consider and advise on the question of whether there may be a claim against the former Chair for breach of trust, namely the loss of the opportunity of the charity to avoid having made the loss by entering into the licence with Firoka.  The Board would be further informed when legal advice had been received.
• Board Members had been advised not to discuss this matter in public as legal advice on this matter may be exempt.
• The Chair of the Statutory Advisory Committee considered that the facts were still unclear and suggested that a full investigation be conducted as to how the charity could have entered into such a binding agreement with Firoka without others within the Charitable Trust and those working at the Palace being made aware of the fact and the Board ought to investigate further.  It was not acceptable simply to brush a matter, which created such a significant loss, under the carpet. 
• In response to Mr O’Callaghan’s suggestion that the Board investigate recovering some of the money lost as part of the Firoka agreement Cllr Bob Hare explained that losses to the Charitable Trust might not be recoverable and that the Walklake Report had clarified that governance had been the key issue in the proceedings.  He suggested that discussions could make it clear where it was felt responsibility lied so that examples can be set and warnings for the future.  Cllr Reid highlighted the need to concentrate on lessons learnt and interested parties emphasised that placing blame should not be a priority.
• Mr O’Callaghan was asked to provide a chronology of events relating to the Firoka agreement being signed as he understood them.

AGREED

i.                    That the Board be requested to review the circumstances which lead to the Alexandra Palace and Park Charitable Trust entering into a binding agreement with Firoka in order to clear the air and ensure that lessons had been learnt and to prevent any such situation of a similar nature arising in future.

ii.                  That the Board be requested to consider recovering some of the financial losses to the Charitable Trust as part of the Firoka agreement.

iii.                That Mr O’Callaghan provide a chronology of events relating to the Firoka agreement being signed as he understood them.