Agenda item - Royal Pavilion and Museums Service - moving to Trust

Report of the Executive Director, Economy, Environment & Culture

1)           That the Committee notes the positive progress made, notes that a Joint Project Board has been established and notes that project is now in the Initiation Phase and has progressed ahead of schedule. 

2)           That the Committee agrees in principle that the Royal Pavilions & Museums service should be transferred to the Foundation (noting that this will be subject to final approval from Policy Resources & Growth Committee), and agrees that the Council should sign an MOU based on the MOU attached at Appendix 1 (noting that it may be subject to further minor amendments).

10.1      The Committee considered a report of the Executive Director, Economy, Environment & Culture that updated the Committee on progress to transfer the Royal Pavilion & Museums to a charitable trust. The report also sought approval to enter into a Memorandum of Understanding (MOU) with the Royal Pavilion & Museums Foundation.

10.2      Councillor Mac Cafferty sufficient funding was in place for the one-off cost to support initial setup and transition and for any comment on the cost of associated with the Gardens in the context of the warning expressed by Heritage England.

10.3      The Head of the Royal Pavilion & Museums explained that National Lottery Heritage Funding (NLHF) would be pursued to fund renovation of the Gardens and a budget amount had been set aside for that. Monitoring of finances had been conducted by officers and had committee oversight through this and Policy, Resources & Growth Committee. The Executive Director, Economy, Environment & Culture explained that a very sophisticated financial model was in place detailing income and costs of operating and managing the Museum as well as prudent assumptions on visitor numbers and that could be circulated to Members. Maintenance and planned maintenance would be conducted with the Foundation who had a track record of successful fundraising.

10.4      Councillor Druitt asked if Brighton & Hove City Council would be a member of the proposed Board to ensure democratic oversight.

10.5      The Executive Director, Economy, Environment & Culture explained that should the committee agree to enter into the MOU, the Foundation would be required to change its governance arrangements to reflect the new need for a Trust. That Trust would include three Members from Brighton & Hove City Council as agreed by Policy, Resources & Growth Committee.

10.6      Councillor Mears asked if the rights of staff would be protected if there were any changes proposed by the new Trust.

10.7      The Chair stated that if the Trust changed staff terms and conditions and break clause would be triggered as that process would not be compliant with the MOU.

10.8      Councillor Mears asked if that would be a legal right.

10.9      The Lawyer explained that the TUPE process protected staff to some extent, but a clause would be inserted into staff contracts that there would be a break in service contract if there was a change to terms and conditions.

10.10   The Executive Director, Economy, Environment & Culture added that the difference in the process on this occasion was that trade unions were party to all discussions and inputted on staff needs.

10.11   Councillor Mears stated that she would be interested to see the formulation of the legal agreement.

10.12   The Chair stated that the Foundation had been pushing to go beyond the basic TUPE process measures.

10.13   RESOLVED-

1)           That the Committee notes the positive progress made, notes that a Joint Project Board has been established and notes that project is now in the Initiation Phase and has progressed ahead of schedule. 

2)           That the Committee agrees in principle that the Royal Pavilions & Museums service should be transferred to the Foundation (noting that this will be subject to final approval from Policy Resources & Growth Committee) and agrees that the Council should sign an MOU based on the MOU attached at Appendix 1 (noting that it may be subject to further minor amendments).