EXEMPTIONS the Following Issues Have Been Removed Under Freedom of Information: FOI Exemption Section 23 Commercial Interests It

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EXEMPTIONS the Following Issues Have Been Removed Under Freedom of Information: FOI Exemption Section 23 Commercial Interests It EXEMPTIONS The following issues have been removed under Freedom of Information: FOI Exemption Section 23 Commercial Interests Item 4.1, pg 2/3; Ulster Orchestra Report FoI Exemption Section 16 Prejudice to the effective conduct of public affairs Item 8.2, pg 5/6; Media Protocol Item 9.2, pg 6; Delegated Decisions Meeting No 14 2011/12 Minutes of the meeting of the Board of the Arts Council held at MacNeice House on Wednesday 28 March 2012 at 5.00pm 1 ATTENDANCE PRESENT Bob Collins (Chair), Damien Coyle (Vice Chair), David Alderdice, Anna Carragher, Noelle McAlinden, Katherine McCloskey, Ian Montgomery, Paul Seawright, Janine Walker. IN ATTENDANCE Roisin McDonough (Chief Executive) Nick Livingston (Director of Strategic Development) Lorraine McDowell (Director of Operations) Noirin McKinney (Director of Arts Development) Geoffrey Troughton (Director of Finance& Corporate Services) Patricia Curran (DSO to the Directors & Corporate Services) APOLOGIES David Irvine, Paul Mullan, Brian Sore. 2 PREVIOUS MEETING 2.1 Minute – 29 February 2012 The minute of the previous meeting was approved and signed by the Chair. Minute – 30 January 2012 – Special Board meeting The minute was approved and signed by the Vice-Chair. 2.2 Matters Arising There were no matters arising. 3 DECLARATIONS OF INTEREST The Chair declared his interest in the Ulster Orchestra and advised that Damien Coyle, Vice- Chair would chair the discussion of item no 4.1. 1 BC/PC Mar 12 * - documents circulated with agenda Meeting No 14 2011/12 4 POLICY ISSUES 4.1 Ulster Orchestra Report* 2 BC/PC Mar 12 * - documents circulated with agenda Meeting No 14 2011/12 Mar 12 * - documents circulated with agenda Meeting No 14 2011/12 5 FINANCIAL UPDATE 5.1 Financial Report* Geoffrey Troughton, Director of Finance & Corporate Services, reported on the management accounts circulated prior to the meeting. Management Accounts (Exchequer) for 11 months to 29 Feb 2012 He drew attention to overheads, including salaries, and updated the Board on developments since the last meeting and reported that the outstanding pay settlements (August 2012 and August 2011) had been paid in the February 2012 salaries. This removed the element of risk associated with accruals as the payment had now been made. He also reported substantial progress against the long standing pension and National Insurance matters. Following a meeting with HMRC compliance officers, agreement had been reached to deal with the historic NIC liability. This agreement was in 3 parts: 1) NIC (2007/08 to 2010/11) £35,082 was paid on 12 March 2012 2) NIC 2011/12 was planned to be paid before Thursday 5 April 2012 3) Interest – figures would be produced by HMRC and verified by the Council’s tax advisors. This would be paid before 5 April 2012. This action would deal comprehensively with the issue for the end of the current financial year. He also reported on Grant Expenditure and brought the Board’s attention to additional ring fenced Grant funding from DCAL, including: • The MAC - £160,000 • City of Culture - £190,000 (£40,000 of which has been paid by DCAL) • Cultural Olympiad - £50,000. Exchequer Capital Geoffrey Troughton reported on Capital and the schedules previously circulated. Lottery Total Lottery expenditure for the 11 months to 29 Feb 2012 was £10.1m. The balance on the National Lottery Development Fund (NLDF) was below the long term target of £5m (£4.7m as at 29 Feb 2012). Board Expenditure A small virement may be required at year end. Pension Allowance The ongoing issue of non-contributory pensions for pre-2005 staff had reached a head due to HMRC’s instruction to be tax compliant by April 2012 and secondly, as a result of DCAL’s direction of the introduction of a capped contributory pension allowance for this group of staff which would now have to be applied in salaries in April 2012. Whilst this would make the Arts Council fully compliant for HMRC and NILGOSC purposes, it did, however, present the possibility of a legal challenge from staff or the trade union who might argue their contracts of employment had been breached. Geoffrey Troughton advised that NIPSA was aware of the possibility of capped allowance being introduced following a meeting in October 2011. Since then, a business case had been submitted to DCAL in March 2012 outlining the preferred option of the Council (a full allowance). However, DCAL had clarified their position as outlined in the tabled letter dated 26th 4 BC/PC Mar 12 * - documents circulated with agenda Meeting No 14 2011/12 March 2012, following their earlier letters in June and August 2011. This established their direction on this matter. The local trade union representative had been duly informed and NIPSA HQ formally been advised in writing The Board noted the risk of legal challenge in the context of DCAL’s direction. However, it was pleased that the Council was now both HMRC and NILGOSC compliant. 6 BUSINESS REPORTING 6.1 Lottery Application* Lorraine McDowell, Director of Operations, presented the application for £32,500 from Mourne Heritage Trust which had been recommended at Moderation. The Board approved the award of £32,500 to Mourne Heritage Trust. 6.2 An Gaeláras* Lorraine McDowell, Director of Operations, outlined the details contained in the Board paper regarding the conversion of the Council’s loan to a charge. A similar proposal was with the Minister for approval in relation to DCAL’s loan. The request was approved. 7 CHAIR’S REPORT The Chair informed the Board of his recent activities including an interview with Arts Extra; a photo opportunity with the Minister at the MAC; the performance of the Turn of the Screw; a Belfast Music Society concert; a meeting with the UK Arts Council Chairs; and a meeting with Sir Vernon Ellis of the British Council. The Chair had agreed to join the NI Advisory Committee of the British Council. 8 CHIEF EXECUTIVE’S REPORT* 8.1 Braid Arts Centre, Ballymena The Chief Executive advised the Board that she had sought legal opinion to clarify the issue of a possible breach of Arts Council’ grant conditions by Ballymena Borough Council’s with respect to the use of the Braid Arts Centre and that she would report on progress once it had been received. Damien Coyle left the meeting at 7.05pm 8.2 Media Protocol The Chief Executive reported that she had been asked to table a verbatim record of the Minister’s interviews with the BBC on the subject of media protocols with her arms length bodies for information. This supplemented information already contained in the Minister’s letter to her on the matter as outlined in the report. 5 BC/PC Mar 12 * - documents circulated with agenda Meeting No 14 2011/12 The Chair added that whilst he understood the Minister’s frustration about the lack of recognition for DCAL and its funding, he did not think the introduction of media protocols was appropriate the way to deal with it. The Chair undertook to draft a response for circulation to Board members outlining their reservations about signing up to such a protocol. 8.3 Organisational Review The Chief Executive provided a brief outline of the Review for Board members’ information. 8.4 Meetings & Events of Note Noted. 9 MATTERS TO NOTE 9.1 Artform & Specialist Reports* These were noted as a useful summary of issues and events attended by officers. 9.2 Delegated Decisions* Lorraine McDowell, Director of Operations, clarified that local authority applications were given lower priority than those from the independent arts sector. The Chair suggested that the apparent inconsistencies in these issues – especially in under-represented artforms - should be examined further on the Planning Day, 2 May. 9.3 Funding Reviews/Complaints* Noted. 9.4 Freedom of Information* Noted. 9.5 End of Year Communications Report* Noirin McKinney, Director of Arts Development, reported that Communicationss reported to the Board twice a year and suggested that if it would be of use a report could be circulated quarterly with the Artform Reports. The Chair confirmed that quarterly reports would be valuable. 10 MINUTES OF COMMITTEE MEETINGS 10.1 Audit & Risk Committee* - 16 Jan 2012 Noted. 11 PRESENTATION – NI OPERA The Chair welcomed Clíona Donnelly and Oliver Mears to the meeting. In a comprehensive presentation Oliver Mears outlined the history of NI Opera; reviewed its productions; indicated its plans and spoke of the range of, relationships it had developed. He and Ms Donnelly spoke in positive terms of the contact with and support from the Arts Council and set out the priorities 6 BC/PC Mar 12 * - documents circulated with agenda Meeting No 14 2011/12 for the future. Following engagement with Council members, the Chair reflected the Council’s appreciation of the commitment, openness and energy evident in the presentation 12 ANY OTHER BUSINESS The Chair said he would welcome members’ thoughts on how the Planning Day should be structured; what strategic issues were relevant; how ACNI positions itself and its priorities and how ACNI operates. 13 DATE OF NEXT MEETING – Planning Day, 2 May at 1.30pm. There being no further business, the Chairman closed the meeting at 8.20pm Signed: _____________________________________ Date: _________________________ Bob Collins 2 May 2012 (Chair) 7 BC/PC Mar 12 * - documents circulated with agenda .
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