Agenda and minutes

Apologies were received from Councillors Lamb (Vice Chair) and Croft.

There were no declarations of interest.

A report was submitted to the Committee which sought its views on an executive proposal to transfer services to Peterborough Culture & Leisure Trust.

A decision had been taken by Cabinet on the 12 October 2009 to move forward a proposal to create a trust for the delivery of cultural services.  The formal decisions taken by Cabinet were:

• To give authority to the Director of Operations to commence the process of establishing a not-for-profit distributing organisation (a ‘trust’) subject to the decision of cabinet and the appropriate TUPE consultation with staff.

• To approve the inclusion of the following services within the scope of this work: Arts (including the Key Theatre and Gallery), Heritage (including the Museum), Library (all existing services) and Sports Services (all existing services).

• To approve a detailed full options appraisal of bereavement services (including the crematorium), to identify the optimum way of delivering this service.

• To agree to the formation of a shadow board as part of the process of establishing a not-for-profit distributing organisation (a ‘trust’).

Members were advised that Cabinet had considered a number of ways that the Council could deliver and develop cultural services. The optimum delivery method for Peterborough had been the subject of consideration since the Council’s Best Value review in 2004.  Key to this review was a study by KPMG (2005) which was enhanced by a report produced by Deloitte in October 2006.  This work had recently been refreshed by leading leisure trust solicitors Lawrence Graham.  

These reviews considered, amongst other options, in-house delivery, tendering for a commercial   operator, a mixed approach to delivery of services and the formation of a trust.  The first two reports focused on key evaluation criteria including enhancing quality of service, promoting Peterborough, improving levels of participation and value for money.  Their conclusion was that a trust would provide the best delivery option to meet the Council’s aspirations.  The work of Lawrence Graham had re-confirmed the suitability and deliverability of this option. 

As with all management options there were advantages and disadvantages in delivering services through trust status, and these were due to be considered in detail by Cabinet at its meeting on 22 March 2010.

Members were advised that extensive consultation had been taking place with staff and Trade Unions, including formal staff consultation over the potential transfer to a trust under The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). Members were further advised that there would be a financial implication in respect of the need to ensure that employees were provided with the same or broadly comparable pension rights prior to any TUPE transfer. An application for “Admitted Body Status” had been made and approved, subject to legal agreement sign off in respect of existing employees who were members of the Local Government Pension Scheme. It was intended that new employees joining the Trust would not be able to access the LGPS pension scheme, but would be able to access a Defined Contributions Scheme, with an “employer” contribution level of 6%.

Following  ...  view the full minutes text for item 3.

Business was concluded at 7.25pm.