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April 25, 2009

Leadership of the MLA

From Shirley Burnham

"I have received a message from Roy Clare, CEO of the MLA, and as a result feel it only fair that I should distinguish the actions of the MLA from those he takes personally. He is, of course, responsible for the work of the MLA, but has rights as an individual, too. The way I phrased part of my letter to the Secretary of State could possibly be read as a personal attack on Roy, when the criticism was directed to the MLA, under Roy's leadership.

I should be most grateful if this clarification could be put on any Blogs on which my letter to DCMS has appeared and forwarded to anyone else to whom you might have passed on that letter."

Done. By the way somebody yesterday said that they didn't believe that the quote about 'not prviding a platform for people who disagree with the MLA' was real-- well, for doubters, here are the minutes of that meeting in full, The reference is in para 29...

Minutes of the 53rd Meeting of the MLA Board
held at 1pm on Wednesday 26 November 2008 at The Royal Geographical Society, London

Present: Andrew Motion, Chair
Geoffrey Bond
Alex Cunningham
Nicholas Dodd
Helen Forde
Sir Geoffrey Holland
John Hicks
Glen Lawes
Robert Wand

In attendance: Roy Clare, Chief Executive
Sam Bestwick, Director of Engagement
Jon Finch, Director of Engagement
John Harrison, Head of Communications
John Haward, Interim Head of Planning Paul Lander, Director of Corporate Services
Hedley Swain, Director of Programme Delivery
Sue Wilkinson, Director of Policy and Sustainability


Observers: Jane Carmichael, Observer, Scotland
Irene Knox, Observer, Northern Ireland
Linda Tomos, Observer, Wales


Apologies: Sarah Carthew
Yinnon Ezra
John Tarrant


Declarations of Interest

53/001 Interests were declared by Geoffrey Bond (Chair of MLA London), Nick Dodd (Hub lead), John Hicks (potential commercial interests), and Sir Geoffrey Holland (Chair, MLA South West).


Welcome and Introductions

53/002 Andrew Motion welcomed two new observers, Jane Carmichael from Scotland and Linda Thomas from Wales.

Minutes of previous meeting

53/003 The minutes of the previous meeting were agreed as being an accurate record of the meeting held on 24 September 2008.


MLA work with DIUS and DCSF

53/004 Roy Clare introduced Natasha Innocent, Senior Policy Adviser on Learning and Skills. Natasha spoke to her paper, highlighting the importance of learning and skills for the Government, for the sector, and therefore for the MLA. Natasha outlined some of the highlights of MLA activity:

53/005 The requirement for 5 hours per week of cultural activity had raised its profile on several fronts, and the Find Your Talent initiative was continuing successfully. The MLA was also funding a post within Partnerships for Schools, the body charged with delivering Building Schools for the Future, to maintain the profile of cultural provision

53/006 Turning to adults, John Denham was the first Minister to be appointed with a specific brief for adult learning. Natasha’s priority had to work closely within the Department to help shape its priorities. This had made it easier to respond quickly to shifting thinking and priorities within the Department, and appeared to be paying dividends. Current priorities included the probable publication of a Government statement on adult learning in January 2009, possibly a White Paper, which was likely to include specific references to the value and potential contribution of museums, libraries and archives in this area. A particular interest of John Denham’s was informal learning for adults, over and above specific vocational skills; and he may be keen to look beyond the traditional focus on vocational training for low skilled adults. There had been some useful and timely research in the North East showing the impact libraries could have on employability for high priority groups.

53/007 In discussion, Andrew Motion thanked Natasha for her enthusiastic contribution, and welcomed the greater responsiveness of Government to cross-domain cultural working. Sir Geoffrey Holland believed this was an exciting time for those who valued adult learning, and it presented opportunities for the MLA and the sector. There might be scope for closer working with FE colleges and other providers of post-18 education (Geoffrey Bond suggested the Workers Education Association as a possibility); and perhaps also with DWP and Job Centres, who would need to respond to rising unemployment. Government might also be wise also to recognise some cultural institutions as providers of adult learning; certain libraries were obvious examples. There were also opportunities around improving employability of adult workers, and around young people not in employment, education, or training (NEETS). These issues would quickly become increasingly visible to Government. He would like the MLA and the sector to respond with thoughtful actions that might have a real impact, rather than short term palliatives of the sort that might seem attractive politically; the sector was placed to offer information, advice and guidance, and perhaps more tangible steps such as extended apprenticeship schemes.

53/008 In response to a question from John Hicks, Natasha Innocent suggested that those local authorities who were not yet addressing these issues could be encouraged by exemplars, by persuasive publicity such as seminars, by working learning and skills themes into Renaissance funded activity and other MLA programmes, and perhaps by working with Government to revise the National Indicator Set to include an indicator around this activity. Nick Dodd felt it was important to recognise that every region would have its own particular employment characteristics and economic cycles that national templates would be wise to respect. He also asked how the MLA would define the outcome it sought when working in the area, and how it might measure its impact; these were not questions with immediate answers.

53/009 In conclusion, the Board NOTED the report and welcomed the activity being undertaken by the MLA in learning and skills.


Financial report, and oral report of Finance Sub Committee

53/010 Geoffrey Bond and Paul Lander introduced this item. Overall the situation was satisfactory, with the issue of the pension liabilities of the Regional Agencies being by far the largest area of risk and uncertainty.

53/011 On programme expenditure, there continued to be a substantial under-spend of about £3m on Renaissance that would be directed toward other Renaissance projects that had previously been on a reserve list. Progress varied significantly between regions; Paul Lander agreed to provide an overview of the under-spend by region. Hubs had assured the MLA that all Renaissance funding would be properly committed in the current financial year. Other areas were broadly on track.

53/012 On organisational expenditure, predictably MLA running costs were starting to pickup as more staff came into new posts. Overall re-structuring costs looked perhaps £.5m lower than provided for. That sum had been added to the contingency for winding up of the Regional Agencies, which had been increased from £4.5m to £5.5m on actuarial advice.

53/013 The cost of wind up, which was mainly around pensions liabilities, was still not yet fully quantified for reasons set out to the Audit Committee. It was likely that detailed negotiations might take six to nine months for each Agency, so the cycle should be complete around the end of the 2009 / 10 financial year. MLA London would of course follow the same course, but about a year later.

53/014 A forward financial plan, based on the best available information, indicated that the MLA should have an uncommitted reserve of about £1m in 2011. However any spend on re-structuring that exceeded the £5.5m provided for would have to be drawn from that £1m reserve. DCMS had accepted for the moment that MLA needed to retain uncommitted reserves against this eventuality.

53/015 The Committee had confirmed that there were no further undiscovered risks within the MLA’s finances.

53/016 The Board NOTED the report of the Finance Sub Committee and the overall financial position of the MLA.


Creation of Regional Team / Wind Up of Regional Agencies

53/017 Paul Lander outlined progress. There was now a clear and agreed process for managing the TUPE rights and / or redundancies of current Agency staff, and all staff would know their position during the week of 8 December. There was also a clear and agreed process for handing the wind up of Regional Agencies. It had been used successfully already for MLA South East which had now ceased to operate. There was high degree of co operation from all Regional Agencies to make this work smoothly. The final stage of wind up would involve the MLA taking direct control of each Agency; this had been discussed and agreed with the Audit Committee, members of which would act as Trustees for the final stage of wind up for each Regional Agency. Although it had been reported to the Audit Committee that the Board of MLA North East preferred to take a different path, it had in fact since been confirmed by Alex Cunningham that the North East would now follow the standard approach. The Charity Commission were being informed by the MLA’s legal advisers. The report of the Finance Sub Committee had dealt with the financial issues arising from the pensions liabilities of the Regional Agencies.

53/018 Members asked for clarification of the position on indemnity for retiring Directors and Chairs. Paul Lander explained that MLA Board Members were covered by the MLA’s own insurance; and he would pursue with DCMS the possibility of obtaining letters of comfort from the DCMS for retiring Chairs similar to the example offered by Sir Geoffrey Holland. Agency Directors who were not MLA Board Members were more complicated and should be covered by the insurance of each Agency.

53/019 Roy Clare acknowledged the impressive legacy of the Regional Agencies asked that the minutes record his appreciation of the professional approach to wind up that was being taken on all sides.


Chief Executives Report

53/020 Roy Clare introduced his report, with other members of the Executive Board contributing. He felt that the report reflected well on the high level of activity and commitment of MLA staff during turbulent times. The following highlights were identified.

53/021 New planning guidelines for next year’s Renaissance funding had been issued. They represented a step change in expectations for Renaissance and had been broadly welcomed by Hubs.

53/022 PAS might be a casualty of the next spending round, but was continuing for now and being more closely linked with Renaissance.

53/023 The draft guidelines on Controversial Stock, which had been circulated to Board members, had been well received in extensive consultation and were now ready for submission to Government. Early indications were that Government would accept the approach recommended by the MLA.

53/024 The Archives Strategy, which built on strong joint working with TNA, needed only Ministerial agreement before going forward for a three month national consultation and publication shortly after that. The strategy itself seemed well founded, but sector expectations of what such a strategy might deliver were perhaps over-ambitious. The Board discussed the issue of sound archives, noting that the reduction of HLF funding in this area had undermined capital investment in some archives.

53/025 Improvement was becoming a dominant theme for the MLA, and increasingly underpinned the approach to individual programme areas, as well as (in due course) the work of the regional team. All the NDPBs were seeing improvement as increasingly important, and there was scope to collaborate in how it was achieved. It was agreed that this theme should be debated at greater length at a future Board meeting.
53/026 On the new regional teams, some sort of road show was envisaged once the new arrangements had fallen into place. The Board were mindful of the reputational risks to the MLA around the wind up of Regional Agencies and the need to make sure that the new arrangements were well known and understood by key stakeholders in the sector by whatever means necessary, perhaps including “trade” press.

53/027 The new website was expected to go live within a few days, with an increased range of material to support improvement.

53/028 The MLA was now well engaged with the DCMS Libraries Review, which was increasingly focussed on the consumer’s experience of libraries rather than the national institutional infrastructure. It was early days, but the review seemed now to have a positive focus.

53/029 Andrew Motion outlined the constructive meeting he and Roy Clare had with Lyn Brown MP, and looked forward to her follow up visit to the MLA’s Birmingham offices in January. Andrew Motion admired Lyn Brown’s passionate support for libraries, and while the MLA might differ with her on some issues he felt there was scope to reduce any misunderstandings and find some common ground. The same could not always be said for some of the sector’s most vociferous self-appointed critics, and the MLA was keen not to give a platform to those without a constructive agenda.

53/030 The Board NOTED the Chief Executive’s report and thanked him, the Executive Board, and the staff of the MLA for their energy and commitment.


Oral report of Audit Committee

53/031 Glen Lawes outlined the main points of the Audit Committee meeting. The position on pensions deficits had been discussed at both the Audit and Finance Committees, and an approach to the wind up of Regional Agencies had been agreed which involved appointing members of the Audit Committee as the Trustees of the Regional Agencies for the purpose of resolving pension liabilities and final closure. There were some reservations about the approach but no practicable alternatives, so this approach had been agreed subject to some additional safeguards to protect the MLA and the position of individual Board members.

53/032 The Audit Committee had also noted the unfortunate loss of a lap top from the new Birmingham offices. After some initial uncertainty, the risk to secure data arising from the theft had turned out to be low. Some immediate actions had been taken to tighten security, and consultants from the National Computer Centre were now advising on improvements to data security in the round. This would have significant implications for working practices and may also affect the Board. There would be a further report in due course.

53/033 On the MLA Risk Register, the Audit Committee had noted the mitigating actions being taken. It had also raised the level of risk around Governance from amber to red, largely due to the apparent delay in DCMS to address the urgent new for new Board members.

53/034 The Board NOTED the oral report of the Audit Committee.


Conflict of interest protocol

53/035 The proposed protocol on conflicts of interest was AGREED.


Any Other Business

53/036 The Board AGREED that the whole Board should attend a Board Development Day facilitated by the Clore Foundation, probably in late May or June.






………………………. ………………………
Andrew Motion, Chair Date

Posted by Perkins at April 25, 2009 10:40 AM

Comments

I'm surprised nobody else has commented on Shirley's letter and can restrain myself no longer. Of course Roy Clare is entitled to his own opinions, although if his thoughts or actions are in conflict with those of the MLA (which he heads) that in itself is a situation worthy of comment. It will be very difficult indeed in future to separate out his personal opinions from those of the MLA unless they are labelled appropriately. On re-reading Shirley's letter I find it difficult to construe anything in it as a personal attack. However in the interests of clarity I feel the MLA should issue a statement regarding the situation in Swindon, and the role of its CEO, and explain which actions were undertaken in his official capacity and which were taken as a private individual.

Posted by: Martyn at May 6, 2009 5:02 PM

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