Agenda item

TO CONSIDER A COLLECTIVE RESPONSE TO THE CHARITY COMMISSION FROM THE ADVISORY COMMITTEE IN RELATION TO THE SECTION 16 ORDER

Minutes:

The Chair referred to the proposed responses to the Charity Commission in respect of the Section 16 Order. The Chair referred the Committee to the he Hansard debate of 14 January 2004 and in particular the quoted comments of Fiona Mactaggart during that debate which clearly highlighted the future role of the Advisory Committee when any lease was granted. The Chair felt that the sentiments expressed wholly encapsulated the feeling and views of the Advisory Committee and that any response to the Charity Commission should caveat that view as one the Advisory Committee fully endorsed.

 

The Committee then briefly discussed the proposed Section 16 order as to be published by the Charity Commission and made the following points:

 

  • That in respect of Parts 4(i) & (ii) of the Order and the Acts quoted in Part 4(ii) the Alexandra Park and Palace Act 1985 had been omitted and that this Act clearly defined the role and duties of the Statutory Advisory Committee, and the duties of the Board also;
  • That the Charity Commission be advised that this Committee required its intervention in ensuring the admission of the 1985 Act therefore preserving the role of the Advisory Committee in protecting the role of local residents in the future of the Palace, and its duties as the Statutory Advisory Committee;
  • That the Charity Commission be informed of the Advisory Committee’s concerns that its lack of sight of any or parts of the lease prevented it form making any valued comments in terms of the future development of the asset, and the future role of the Advisory Committee,  and that the Charity Commission be requested to request the Board to allow the Statutory Advisory Committee sight thereof and make comment on the lease prior to the Charity Commission’s final deliberations, and the view of the Committee be further expressed that in the future public perception – it would be seen that this Committee did express the need to see the lease either wholly or in part and that the public would be satisfied that this Committee had attempted to give views on the proposals;
  • That the Charity Commission be advised that the future role of the Advisory Committee had been raised with the Board in January 2006 and subsequently to then but that the role had not been taken account of;
  • Whether the Advisory Committee should state to the Charity Commission that it was either in favour broadly with the proposals or accepted and views expressed that some Members were broadly and others were not broadly in agreement to the proposals;

 

At this point Councillor Hare commented on issues of the future activities of the Palace and the fact that no guarantees as to the future of certain existing functions such as the Organ, and quoted correspondence between the Organ Society and the Trust Solicitor. The Clerk informed Councillor Hare that he was quoting details of a letter between two separate parties, and whilst this letter was also forwarded to Board Members it was not the subject of public discussion and its contents should not be disclosed.  The Clerk also reiterated the point made by the Chair in respect of possible conflicts of interest on Councillor Hare’s part.  Councillor Hare acknowledged the Clerks comments apologised for this admission.   

 

  • The future role of the Monitoring Officer and the future residual functions of the Trust needed definition but as the Advisory Committee had not been party to the discussions in this respect it was unable to comment;
  • That the content of the project agreement and lease should contain a clearly defined role in terms of how planning issues would be managed and the role of the Advisory Committee in ensuring it is fully consulted on such matters in the future.

 

The Chair then summarised and it was:

 

RESOLVED

 

That a response to the Charity Commission in respect of the Section 16 Order be prepared by the Chair on behalf of and in conjunction with Members of the Advisory Committee.

 

 

There being no further business to discuss the meeting ended at 20.40HRS.

 

 

D. LIEBECK  

CHAIR