A REGULATOR has told the people involved in making decisions about the Malvern Hills that it is not their job to represent those who elected them.
The Charity Commission has written to trustees at the Malvern Hills Trust, which is responsible for managing the hills, insisting that they must prioritise the interests of the charity over “any wider public interests”.
It follows complaints that trustees had been excluded from discussions and documents regarding the Malvern Hills Bill, after they petitioned against it.
The Malvern Hills Bill aims to make changes to the way the trust is governed.
READ MORE: What we know as Malvern Hills Bill progresses through Parliament
What did the Charity Commission say in its letter?
In its letter, the Charity Commission issued “advice”, stating the role of trustees is to act “solely in the interests” of the Malvern Hills Trust.
“We would clarify that the role of MHT’s trustees is to act solely in the interests of the charity, and not wider public interests,” it said.
“The trustees are not there to represent the interests of those who elected them, whose interests do not necessarily align with the interests of the charity.”
It added: “If any of the trustees feel unable to set aside personal differences and work collaboratively with others on the Board, then those trustees may wish to think about their position in the charity and whether it would be better to step down.”
The Charity Commission said that failure to comply could be considered “mismanagement or misconduct” and could result in “regulatory action”.
READ MORE: ‘Justice prevails’ as barred Malvern Hills trustees given right to be heard on bill
How has the Malvern Hills Trust responded?
John Michael, chair of the Malvern Hills Trust, welcomed the letter.
“I want to be clear that trustees are entitled to hold and express different views around the Malvern Hills Bill,” he said.
“This, however, goes deeper into the fundamentals of being a charity trustee.
TRUST: John Michael, chair of Malvern Hills Trust, welcomed the letter from the Charity Commission (Image: Malvern Hills Trust)
“The trust sought independent regulatory advice on this difficult and unusual issue. It is important for all of us to act consistently with that regulatory guidance.
“We are a charity, not a council, and we must all take collective responsibility for the decisions that have been made in the best interests of the Malvern Hills.
“In the meantime, we are reaching out to all existing petitioners to invite them to meet with us, while the parliamentary bill process is paused.”
READ MORE: House of Lords makes changes to controversial Malvern Hills Bill
What did the select committee say?
Earlier this year, a select committee at the House of Lords made a number of changes to the bill, after hearing from some of the petitioners.
This included five serving trustees, after the select committee rules that they did have a right to be heard, despite the trust contesting that they may not be “specially affected” by the bill.
Chair of the select committee Lord Hope of Craighead said: “They are best placed, among all the other petitioners, to address the committee on those clauses of the bill that cause concern and on the matters raised in the instructions passed at second reading.”
The bill ran out of time to reach its third reading in the House of Lords, after an objection was lodged by Baroness Coffey, meaning it will need to be debated again.
