Communication from Defence Estates

MACC received the following in an email from Ian Hay, Defence Estates on December 9th 2010.

Ian - I pleased to see, from your website, that you are proceeding with the second public ballot. I wish you every success this time.

However, for the sake of clarification, it still concerns me that the front page of your website (under the heading "Why Vote") includes the misleading statement that "All contamination costs will be met by the MOD".
To avoid any misunderstanding, I would also like to clarify a number of points made in your Business Plan (available for download from your website). Of necessity, a number of the themes are repeated:

* Pages 14 and 36 - Aviation Uses. MOD can not enter into any negotiations reference connection to the Campbeltown POL installation at this stage. It is highly speculative that such a connection could be made.
* Page 45/46 - Scenario 1. It is a false assumption that DE will bring the water and waste water systems up to an adoptable standard.
* Page 45/46 - Scenario 1. It is a false assumption that TUPE/Pension liability for the reduced staff level, to be transferred to MACC, will remain with DE/Turners. (However, DE/Turners will be responsible for redundancy for any staff not properly transferred under TUPE arrangements).
* Page 45/46 - Scenario 1. It is highly speculative that MOD will wish to enter into a lease for training purposes.
* Page 53/54 - Risk Assessment. MOD can make available all existing leases.
* Page 55 - Risk Assessment. MOD will not retain responsibility for any staff transferred under TUPE arrangements. MACC should therefore identify, as a matter of urgency, those posts not required to be transferred in order that proper staff consultation and redundancy action may be taken by Turners/MOD prior to the sale.
* Page 55 - Risk Assessment. MOD will not be a potential funder of the capital works.
* Page 56 - Risk Assessment. MOD contractors can provide Collateral Warranties for the Land Quality Assessments.
* Page 56 - Risk Assessment. MOD will not invest in upgrading the water (and sewerage) infrastructure to an adoptable standard.
* Page 60 - Action Plan. MOD's position on infrastructure and contamination liabilities is well known, and upon which the £1 valuation was independently assessed. There is no room for negotiation.
* Page 60 - Action Plan. The expected sale date is 6 April 2011, when all liabilities will transfer. MOD will not therefore agree to transition arrangements.
* Page 60 - Action Plan. Normal TUPE arrangements will be applied. MOD will not retain responsibility for any staff transferring to MACC. Please identify those posts not required to transfer so that proper staff consultation/redundancy action may be taken by Turners/MOD.
* Page 60 - Action Plan. MOD will not contribute towards the upgrading the water/sewerage infrastructure.

Regards

Ian Hay
DE Ops North-LMS10
Principal Estate Surveyor (National Disposals)

MACC's response to this email is:

"MACC notes the comments recently received from Defence Estates. MACC will continue to seek to negotiate with Defence Estates and Scottish Govt on matters associated with water and sewerage liabilities on the basis that MACC does not have the resources to make good the infrastructure it would take on were it to acquire the airbase. MACC's Business Plan is predicated on this matter being resolved in some way and this was clearly stated by MACC and its advisers at the recent public meeting."