Supplementary letter from the BBC Trust
I would like to clarify one point of information
arising out of Sir Michael Lyons' appearance in front of the House
of Lords Select Committee on Communications on Wednesday 13 June.
During an exchange between Sir Michael and Lady McIntosh, there
was reference to notice periods and the Confidentiality Undertaking
and Restrictive Covenant (annex E) contained within the Trust's
Code of Practice.
I would like to clarify that the document makes
the following provision:
"I agree that for a period of three months
or such lesser period as determined by the Chairman or the Vice
Chairman of the BBC following the termination of my appointment
as a Trust member of the BBC howsoever arising I shall not take
up another appointment with a broadcasting and/or media competitor
or regulator of the BBC within the UK unless the Chairman or the
Vice Chairman determines that there is no actual or perceived
conflict arising from such appointment."
This "cooling off" period is an arrangement
put in place by the Trust as part of the confidentiality undertaking
required by the Trust's Code of Practice and signed by all Trustees.
The arrangement allows for the Vice Chairman to consider any issues
relating to the Chairman. The Chairman has confirmed he is satisfied
that the current arrangements provide reasonable safeguards for
the BBC in the best interests of licence fee payers, and he would
not expect to vary the "three months or lesser period"
position.
The "cooling off" period is a separate
matter from the question of a notice period. Trustees (including
the Chairman) do not have a period of notice. Trustees are office
holders, not employees, and do not have employment contracts.
Trust appointments are made by Order in Council, in accordance
with the provisions in the Charter, which makes no reference to
a notice period. Trustees' terms and conditions are a matter for
DCMS, but I understand that the position on notice periods for
Trustees is consistent with the Department's general public appointments
policy.
Trustees have also signed an agreement to keep
confidential any information they have received in the course
of their duties as Trustees. This confidentiality undertaking
is of indefinite duration.
I hope this clarifies the point.
25 June 2007
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