The net is closing Mr. Barber

We have now have the response from Stephen Barber and this is the last desperate attempt to hold off the screaming hordes. The days of Mr. Barber and the Assembly are numbered and there will be desperate attempts from all others at self-preservation.
Mr. Barber's responses (or lack of responses) are highlighted in red.

E-mail received 24th December 2004

Neil,

Thanks for this. My comments are as follows;

14th December, 2004

Stephen Barber
Director
North East Assembly
Guildhall
Quayside
Newcastle Upon Tyne

26th November 2004

Stephen,

There are a number of issues which are still causing concern:
the relationship between ANEC and NEA, and also the funding and liabilities of these organisations.

I am sure the public will take a very close interest at any attempt to attach any potential cost liability of an unelected assembly to the North East taxpayer, especially after rejecting the proposals for an elected assembly so emphatically.

You will be aware that across the country, and also in the North East, that many local authorities are now preparing to withdraw (and also withdraw funding) from these unelected bodies (assemblies / chambers) as they are now perceived to be nothing more than 'talking shops.'
The emphatic no vote in the North East has highlighted the existence of these organisations.
Plus, major decisions that are being made with regard to planning and housing are being done without democratic accountability.

We are receiving many calls and letters from members of the public who feel that they have been the victims of a political con trick.
However, there are some obvious and very serious implications financially and legally should the NEA/ANEC start to lose its funding, or even attempt to continue in its present form.

Therefore, I would appreciate clarification on the points below and I am sure that in the interests of transparency, especially because of the potential compromise legally of members and local authorities, there will be nothing short of full disclosure. We are quite prepared to challenge the legitimacy of the continuance of these organisations legally, but I am sure that this will not be necessary.

1.Can you confirm that the contracts with the 32 permanent members of staff (is this figure correct?) are all in the name of ANEC as the employer?
Details of staff are included on the Association and Assembly websites. With the exception of one individual on attachment and one on secondment, all staff are employed by the Association of North East Councils.

2. Is ANEC the accountable body and registered as an employers association under S122 of the TU and Labour Relations (Consolidation) Act 1992 ? If not, who is?
Northumberland County Council acts as the accountable body in respect of the receipt of Government funding.

3. Can you clarify what legal advice was taken by ANEC or its members prior to creating such a large number of permanent staff especially as both ANEC and NEA are 'unincorporated associations.' Has the question of personal liability of the members been highlighted and legal advice sought?
Legal advice is taken, where necessary, in respect of activities relating to the Association and the Assembly.

4. Can you please forward copies, or make available, this legal advice? ( To clarify the legal position I have provided a link to the necessary section of the Freedom of Information Act 2000 here )
In my view, it would not be appropriate to make available legal advice.

5.Can you confirm whether there are any lease agreements and contracts in the name of NEA or are they all in the name of ANEC?
If so, could you please provide copies or arrange an appointment for us or our legal representative to inspect them?
If not, whose name are they held?
Contracts have been signed on behalf of both the Association and the Assembly. I regard them as being of a commercial in confidence nature.

6.Can you please supply me with current copies of both the Constitution and Rules of Procedure for both the Association of North East Councils and the North East Assembly?
Copies are in the post to you.

7. Can you please advise me whether the members of the said organisations will be covered in any future action by legal representatives of ANEC and NEA, their local authorities (or social partner member) or their own legal representatives?
I am not clear what you mean by this question.

8. In previous correspondence you referred to an insurance policy and you made an offer to 'indemnify' local authorities from any potential liability arising from any action taken against the NEA or ANEC. Please can you please now provide a copy of this insurance policy and clarify whether the policy is held in the name of one or both of the unincorporated associations? If it was a personal indemnity from you as the Director can you tell me where the funds will be accessed to underwrite any potential financial liability?
I regard our insurance policy as a commercial in confidence document.

I am copying this to the Chief Executive of Sunderland City Council, Ged Fitzgerald, David Jennings, District Auditor and also Sunderland Council's members of both bodies.
There are also a number of other interested and associated parties who have been copied in to this communication.
I am sure that you will personally make it available to the members and employees of both ANEC and NEA in order to make them aware of a potential compromise to their personal situations.

Yours sincerely,

Neil Herron
Campaign Director
North East No Campaign
12 Frederick Street
Sunderland
SR1 1NA
Tel. 0191 565 7143