"Crass attempt to indoctrinate the nation"

by DOUG COLLIE

Scottish Borders Council appears to be facing an uphill struggle as it embarks on its first ever campaign to promote the Gaelic language locally, with little interest shown by residents, and a measure of negativity and hostility from those who bothered to respond during a consultation exercise.

According to the local authority's website, a mere 15 minutes will be devoted by councillors this week when they meet to debate  the Scottish Borders Proposed Gaelic Language Plan (version 6), a 31-page document drawn up by officers. Every Scottish council must prepare a Gaelic strategy on the instructions of the Scottish Government.

The report states: "The Council wants to make a positive contribution to supporting the Gaelic language. We also recognise however that the Scottish Borders is an extensive rural lowland region with a dispersed settlement pattern , no single large urban centre, and a range of small towns. The Scottish Borders does not have a tradition of Gaelic speaking, nor a strong indigenous Gaelic culture, and we are therefore starting from a low base in promoting the language in our local schools and communities."

As the report points out, there are people in the Scottish Borders who speak Gaelic. Most of them are individuals who have come to settle in the region. 

According to SBC a number of these Gaelic speakers are long-time residents of the Scottish Borders having come initially for work in the textile Industry (connections with Harris Tweed) and in local hotels. 

The total number of Borders people recorded as being able to speak and/or read and/or write and/or understand Gaelic in the 2011 Census was 771 (0.7% of the Scottish Borders population, compared to 1.7% for the whole of Scotland). Of these, the total number of people who could speak Gaelic was 375 (0.34% of the Scottish Borders population compared to 1.1% of the Scottish population). 

"While the present population of Gaelic-speakers in the Borders is small, there is increasing interest in learning the language, a number of people resident in the Borders are taking advantage of on-line learning opportunities to an advanced level, and there is a wider community within the population of Border who are engaging with the language through its music and song.

The report explains that SBC currently provides GME [Gaelic Medium Education] through a partnership arrangement with City of Edinburgh Council. Partnership arrangements support developing capacity and effective resourcing across the region and high-quality Gaelic Medium learning for children and young people.  This provision is supported by Scottish Borders Council and available on application by parents.

" A limited stock of Gaelic language books is available at Library Headquarters and items are available in children’s collections across Scottish Borders libraries. Requests for Gaelic items are infrequent; however, this may be due to a lack of awareness and has been identified as an area for development. Also no Bookbug sessions in Gaelic are being run currently."

The council offered and ran a course for teachers in partnership with Togi Gaelic in January - May 2022. Two teachers attended this course. 

"We have since offered three more courses; two 6-week courses for beginners and one standalone workshop day. This was offered across Scottish Borders Council and the other South-East authorities; however we had no uptake. This was despite our best efforts to promote the course". 

A public consultation on the Gaelic plans staged by the council saw just 24 responses, 19 out of  the 24 respondents could not speak Gaelic. 

Comments included: * “If it is used in the Scottish Borders it will be used by very few people. As stated before to make Scottish Borders council develop a strategy is a shocking waste of time and resource.” 

* “It would be great to see more opportunities to learn Gaelic!” 

* “It’s a crass attempt by the SNP to indoctrinate the nation - Gaelic was never spoken in the Scottish Borders” 

* “An irrelevance.” 

* “Gaelic has no history in the Borders, we should support the use of Scots. This is an invasive move on behalf of the west coast.” 

* “Gaelic has not been a language of the Borders for a long time, it remained in the Highlands long after it had began dying out in the Borders. I feel it is the language of the Highlands.”

* “I would be far more enthusiastic to hear that SBC are adopting a strong policy for the retention, and teaching, of Scots. This is, I feel, the language we are most at risk of losing. Young people don’t use Scots words, I do and I’m 38.” 

* “Please don't waste my council tax money on trying to teach my children a little used language. Use it to teach them something more useful, like a modern European language or teaching them that there is an exciting world out there beyond Scotland.” 

'Visionary' defaulted on business rates twice in 35 years

EXCLUSIVE by OUR BUSINESS UNIT

Scottish Borders Council has had to write off almost £32,000 of unpaid taxes due by the same company chairman who defaulted on his rates while running a textile business in the region 35 years earlier.

As previously reported here, the Borders local authority is on a long list of creditors owed money by debt-ridden Orrdone Farms Ltd., previously called Avocet Farms and chaired by 'visionary entrepreneur'/now bankrupt Martin Frost. No details as to the nature of the debt had been given in progress reports by insolvency specialists.

But in response to a Freedom of Information request, SBC has now confirmed it submitted a claim for £31,932.79 to the administrators of the Avocet firm in May 2020 in respect of  business rates and council tax arrears accumulated prior to the company's collapse.

The council explained: "These balances were initially pursued as part of routine recovery. As part of routine Council Tax and Business Rates administration, the outstanding balances are shown as ‘written off’ on the appropriate accounts. However, if a payment is received from the administrators the funds will be offset against the write off transactions."

Ironically, while the amount due to the local authority was piling up before 2020, Avocet's "revolutionary" agricultural methods on a trio of Berwickshire farms drew praise from one of SBC's leading councillors.

Mark Rowley, who was executive member for business and economic development in 2018, told the Berwickshire News after visiting one of Avocet's farms: "The model is fascinating, I hope it will bring significant investment and employment to the Borders. It is exciting that such new and innovative techniques are now being pioneered by Avocet here in the Scottish Borders".

The last set of annual accounts for Avocet Farms (covering 2017) which were signed by Mr Frost, showed net liabilities of £3.889 million, up from £1.618 million in the previous year. The largest creditor was said to be parent company Avocet Infinite PLC, owed in excess of £7.8 million. Infinite, also headed by Mr Frost, would later plunge into compulsory liquidation.

According to the accounts: "The directors have prepared consolidated forecasts for the group for a period well in excess of that required for a going concern review by the legislation, which show positive cash flow and profitability, however, achieving the results set out in the forecasts is dependent on the parent company successfully completing the funding round it is currently undertaking".

It was also stated: "The company has entered into discussions to sell the largest of its farms which will allow long-term debt to be significantly reduced and provide further funds for working capital".

Orrdone Farms' failure to pay business rates mirrors a similar default by a textile business operated by Mr Frost in 1985.

On that occasion SBC's predecessor Borders Regional Council [BRC], responsible for local government services in the area from 1975 to 1996, initiated punitive legal action after being unable to collect £5,000 in business rates from A Hall (1982) Ltd. based in a Victorian spinning mill across the road from council HQ in the village of Newtown St Boswells.

As part of a crackdown on defaulters, BRC petitioned the Court of Session to have Mr Frost's company placed in liquidation and wound up.

Prior to its demise, plans were announced by A Hall (1982) for expansion of the mill including the creation of 45 jobs and the establishment of the Scottish Woollen Craft Village which was to transform the local tourist industry. 

However, in November 1984, all of the workers at Hall's Langlands Mill were made redundant.

£160,000 'golden goodbye' for Borders council employee

EXCLUSIVE by DOUGLAS SHEPHERD

An unidentified member of staff at Scottish Borders Council left the local authority last year with an exit package worth £160,295, according to information in the newly published unaudited annual accounts for 2022/23.

Meanwhile, the number of SBC employees earning in excess of £50,000 annually increased by over 25% on the previous financial year, total remuneration paid to councillors rose by eight per cent, and the combined amount paid to senior officers was up by 20 per cent compared to 2021/22.

A commentary within the 126-page document says the operating environment for the Council continues to be very challenging. 

"The Council is faced with a number of financial and economic influences such as increasing demands on services, current inflation affecting the costs of goods and services and wider labour market factors affecting the Council’s ability to recruit to fill key vacancies in a number of areas. New digital innovations, business process re-engineering and technology solutions continue to be pursued in order for the Council to deliver vital services to the community as efficiently and effectively as possible." 

The Council’s work to support communities and deliver services following the pandemic continues, adds the report. The Council has worked in partnership with the Scottish Government to provide support to Ukrainian refugees displaced by the current war with Russia. Work also continues in mainstreaming Community Choices to ensure the Council is positively engaging with communities in prioritising resources whenever possible.

"The current operating environment also presents many opportunities for the Scottish Borders, including continued ever closer working with the NHS, South of Scotland Enterprise (SOSE), the Edinburgh and South East Scotland Regional City Deal and the Borderlands Inclusive Growth Deal. There will also be opportunities arising from the New UK Community Renewal Fund. These initiatives combined with the Council’s planned investment in infrastructure of the Borders and our annual procurement spend provide huge opportunities for economic growth and the creation of high quality employment in the South of Scotland."

It is also claimed the challenges posed by constrained Scottish Government funding and cost pressures from pay and price inflation all continue to affect the Council’s finances.

"The Council, despite ongoing challenges, has met the aims of its Financial Strategy and again delivered its planned services within budget with significant investment in new and improved facilities. Scottish Borders Council remains financially sound and well placed to serve the people of the Scottish Borders in the future."

A few other points included in the report:

*The actual outturn for the financial year 2022/23 was a revenue expenditure of £323.4 million representing a net underspend of £1.532 million (0.5%) against the final approved budget.

*The actual outturn for the financial year 2022/23 was capital expenditure of £63.5million with a favourable year end timing movement of £11.6 million against revised budget.

*Overall, Financial Plan savings of £12.027 million were delivered during 2022/23 in order to balance the costs of delivering services and the available resources.

*To date the Council’s approach to longer term financial planning has delivered permanent savings of £79 million. Ongoing effort will be required going forward to successfully deliver the Financial Plan due to the scale of further savings required in 2023/24 and beyond and the challenges now posed through COVID-19 recovery and current economic challenges.

*The Council’s outstanding external debt as at 31 March 2023 was £213m. No additional long term borrowing was undertaken during the year and there was no requirement for short term borrowing during the 2022/23 year. The average rate of interest paid on outstanding external debt was 4.39%.

The two exit packages approved during the year were worth £160,285 and £31,335, according to the document.

A table showing the number of individuals paid £50,000 or more shows the following totals: chief officers 20 (17 the previous year); teachers 256 (199); other staff 85 (71). The overall total was 361 (287).

Remuneration for elected members totalled £808,000 (£737,000). At the same time remuneration paid to senior employees came to £898,094 (£747,222).

The accounts also show the following: " Arrears At 31 March 2023, the Council had Accounts Receivable debtors due of £4.349 million, Council Tax debtors of £27.391 million and Non Domestic Rate debtors of £3.657 million. 

"Provision for bad debts amounted to £0.917 million, £12.265 million and £3.545 million respectively. However, in the current economic climate it is not certain that such an allowance would be sufficient."

Confidential information locked in council inbox!

FOI requester initially told data is too sensitive to be released: then Borders council changes its stance, claiming it doesn't hold the information asked for. But then again if it does exist...

EXCLUSIVE by LESTER CROSS

An attempt by a climate risk expert to investigate investment policies of the £909 million Scottish Borders Council pension fund was thwarted when the authority first decided the information was commercially sensitive, then claimed the material - if it existed - could not be accessed from a former employee's inbox.

The story began in March when Joel Benjamin, a researcher and journalist whose work has featured on Channel 4's Despatches, the Financial Times, and the BBC, submitted a Freedom of Information request to SBC. He has investigated the fossil fuel exposure of more than 100 local government pension schemes.

He asked for information in relation to Scottish Borders management of pension fund climate risk, and information and advice provided by external investment consultants.

Mr Benjamin's detailed FOI request continued: "Please provide emails and correspondence between council employees (Scottish Borders finance function + responsible investment and pension fund management), procurement, elected members (on pension fund committee), scheme members and external investment consultants on climate risk between 2018 and 2023. 2 - Please confirm if specific advice or information on climate risk has been sought by Scottish Borders and received from Mercer, or other investment consultants".

In April, Mr Benjamin, who is communications manager for the Carbon Tracker think tank, received a response, prepared and provided on behalf of the council's Finance & Corporate Governance department.

 It said: "Although the SBC Pension Fund is open and transparent in its approach to responding to FOI requests, however, on this occasion we classify the majority of the information requested as private and commercially sensitive material which we are unable to share. I have provided an overview of the SBC Pension Fund’s position, based on publicly available information below."

The local authority added: "The SBC Pension Fund does not currently have a policy in place to fully
divest from fossil fuels. However, this is an area, along with wider environmental, social and governance (“ESG”) considerations, the Committee has spent a great deal of time deliberating and debating in order to agree a robust approach.

"The Pension Fund does have a Responsible Investment Policy which summarises the Committee’s approach in this area and can be found on the SBC Pension Fund website. This policy specifically addresses climate and environmental issues.

"The position taken by the Committee is one which looks to balance the fiduciary duty of delivering the best risk adjusted investment returns possible and having a strong positive ESG impact with the investments the Pension Fund makes. This balance is important to ensure the Pension Fund is able to pay the members’ pension benefits as and when they fall due and do so in an affordable and sustainable way."

In refusing Mr Benjamin's request, SBC explained the exemption being relied on was section 33 of FOISA - Information may be withheld if disclosure would (or would be likely to) prejudice substantially the commercial interests of any person or organisation.

Mr Benjamin immediately sought reconsideration of that decision by SBC's internal FOI Review Body. He told the council: "The refusal notice implies that release of the requested information would be prejudicial to commercial interests of the council and/or the person/consultants supplying it.

"In its response, Scottish Borders has made no attempt to clarify to which specific types of information within the scope of the request (for e.g. email correspondence, risk register documents) commercial sensitivity should be applied, nor any specific reasons or justification as to why each type of information held is deemed to be commercially sensitive or potentially damaging to the named parties".

He argued that given both the substantial sums of public money being managed, and the scheme investments in large financial, transportation, industrial, agricultural and fossil fuel sector companies driving climate change - there was a legitimate public interest in understanding upon what information and advice scheme funds were being invested, and that such information and climate risk advice, in the absence of any regulatory oversight, was consistent with the latest climate science on expected future global warming, and its likely effects on both the environment, and future pension scheme returns.

The outcome of the group's deliberations was sent to Mr Benjamin last week.

It states: "The Council’s Freedom of Information Review Group has considered your request and it has concluded as follows: Your request was originally refused by virtue of Section 33 of the Freedom of Information (Scotland) Act 2002 (FOISA). Section 33 states that information is exempt if its disclosure would, or would be likely to, prejudice substantially the commercial interests of any person or organisation. 

"It was concluded by the Review Group that Section 33 was not the most appropriate exemption to apply to the requested information and that the information was in fact exempt under Section 17 of FOISA due it not being held by the Council."

"It was concluded by the Review Group that the information you requested is not held by the Council. The Council’s pension representative recently left her post and has not been replaced internally. There is currently nobody employed within the Council who corresponds directly with the Council’s external investment consultants (ISIO) on the matter of climate risk. 

"If the requested information exists then it would be contained within the inbox of this former employee. The Council cannot access and search a previous employee’s inbox for the purposes of responding to a Freedom of Information request. Accordingly, the information is deemed as not being held by the Council in accordance with Section 17 of FOISA 2002."

A veteran FOI user commented: "The Council cannot rely on this new excuse - that of no access to a former employee's mailbox - to refuse to hand over the information. There must be copies of this elsewhere as SBC will obviously need access to it on an ongoing basis, and perhaps even for audit purposes. On the face of it, it seems the council is storing the data in the ex-staff member's account in an attempt to shield it from scrutiny".

Latest Avocet lawsuits to be funded by Israeli secret services

by OUR BUSINESS UNIT

The re-birth of dissolved cattle rearing business Avocet Agritech will facilitate 'actions both civil and criminal' against a collection of so-called "Bad Buggers", it has been claimed, despite the revelation that all three serving directors of the company actually resigned 20 months ago.

Filings at Companies House dated June 4th 2023 - the day we exclusively revealed that a former employee of Agritech had obtained a court order to have the firm restored to the company register - show that Eirlys Lloyd Company Services together with Martin Frost and Janet Orr Frost had quit their directorships as long ago as October 18th 2021. But the Registrar seems to have been unaware of the resignations until last Sunday.

Meanwhile Mr Frost , in a so-called "news update" dated June 3rd wrote: "Dr Bob Jennings [another Avocet executive] is pleased to see that Avocet Agritech is restored to the UK Company Register. Supported with funding from the Friends of Libertad Ventures, it now gives Avocet a legal locus to sue the Jeffrey clan, and bring actions both civil and criminal against (named individuals) for their part in the theft of Agritech goods".

We could find no reference to an organisation called Friends of Libertad Ventures on the internet. But Libertad Ventures itself is Mossad's (Israel's espionage agency) technological innovation fund which invests up to two million shekels ($568,000) per venture in promising technology companies.

It was a member of the 'Jeffrey clan' who obtained a court order last month to have Agritech put back on the list of active UK companies. The business - one of many formerly managed by bankrupt Mr Frost - owes Tristan Jeffrey, their former livestock manager more than £10,700 awarded to him by an Employment Tribunal judge in 2021.

Mr Frost and/or his fellow directors failed to turn up for the tribunal hearing, and soon afterwards Agritech was compulsorily dissolved for failing to file accounts at Companies House.

Now Mr Jeffrey is free to go on pursuing his tribunal case and hopes a future hearing will award him substantial compensation for breach of contract and other employment law misdemeanours.

After hearing he may be pursued through the courts by an offshoot of Mossad, Mr Jeffrey told us: "Frost’s statement in his recent newsletter which referenced the ‘Jeffrey Clan’ was complete nonsense. It has been both costly and time consuming, for me personally, to have Avocet Agritech Ltd reinstated." 

 He explained that he started working for the Avocet Group in 2016 and was employed under various Avocet umbrellas during his career there. His employer was Avocet Agritech Ltd from late 2019/early 2020. 

"The fact that the Directors and Company Secretary have instantly resigned following Agritech being reinstated to the registrar, only exposes further lies in Frost’s newsletters. I would welcome being sued, that way I would have my day in court.

"He’s afraid to sue anyone because he knows it’ll only expose himself, hence all we ever get are threats followed by no action. I can only imagine the Israeli Secret Service will have more pressing matters than going after a former farm hand."

Mr Frost has repeatedly uttered threats of legal action against critics of Avocet's activities in communications sent to long-suffering shareholders over the last three years.

In June 2020 investors were told of his intention to go to law in pursuit of criminal and civil complaints involving £1.5 million of theft and fraud, and £5 million for loss and damages.

And apparently, in August 2020, 120 Avocet shareholders had made multiple complaints to the Information Commissioner concerning the activities of the online Avocet Shareholders' Forum.

October 2020 saw the first threat by Mr Frost to raise court action in the US state of Delaware against individuals who had been forwarding his shareholders' letters to non-investors including this blogging website.

Then, in May 2021, the ex-Avocet chairman announced a £5 million 'war chest' to fund at least nine separate law suits, including one aimed at Scotland's Crown Office and another at Police Scotland. The money was to come from the sale of intellectual property to mystery buyers.

There is no evidence that any of these lawsuits ever reached court.

Back to Avocet Agritech, which had failed to submit annual accounts since 2017. That means its financial position, its assets and liabilities at the time it was dissolved remain a mystery so far as Tristan Jeffrey and others are concerned.

The 2017 accounts, signed off by Mr Frost, include the following statement: "The company has not traded during the period. The company received no income and incurred no expenditure and therefore made neither profit or loss".

Investments are recorded as having a value of £1,001. Subsidiaries of  Avocet Agritech are listed as Avocet Farms, Avocet Aeroponics, Avocet H20 and Avocet Infinite Foods. The ultimate parent company was Avocet Infinite PLC. A 2020 Confirmation Statement shows all 100 shares had been transferred from Avocet Bio Solutions Ltd. to Avocet NC Ltd on August 9th 2020.

However, it appears Agritech was certainly trading in 2020 when Mr Jeffrey was on the payroll. 

An email from January 2020 confirms that an unspecified number of Piedmontese cattle being managed by Mr Jeffrey at Harcarse Hill farm, in Berwickshire, "are the property of Avocet Agritech".

The message from Avocet's chairman adds: "Most of these cattle (as there has been additions) were sold by Avocet Farms Limited to Avocet Infinite Plc and payment thereto was immediately offset against the substantial money due to Infinite by Farms. Avocet Infinite Plc then sold the Harcarse cattle to Avocet Agritech."

Winner counts the cost of flawed ET system

HOW WRONGED FARM MANAGER RAISED EXTINCT BUSINESS FROM THE DEAD

It is almost two years since Tristan Jeffrey secured a deserved Employment Tribunal [ET] success against his former employers who breached his contract of employment, made unauthorised deductions from his wages, and even failed to pay his salary on occasions.

A further hearing was scheduled to fix a so-called 'remedy' payment for the unacceptable conduct of the directors of Avocet Agritech Ltd.- conduct which caused Mr Jeffrey severe long-term stress and left him considerably out of pocket.

But before those follow-up proceedings could be initiated the Agritech firm, a member of the controversial Avocet group of businesses, was struck off the Register of Companies under Section 1000 of the Companies Act 2006 (compulsory, non-filing) in August 2021. The directors had failed several times to submit annual accounts and confirmation statements.

Mr Jeffrey had been awarded an initial sum of £10,718 by ET judge Lesley Murphy who had also ordered Agritech's sister company Avocet Faculties to pay a colleague of Mr Jeffrey £9,500 for - among other things - unfair dismissal.

Unfortunately, Mr Jeffrey who managed farming activities in Berwickshire for Avocet chairman Martin Frost is just one of thousands of individuals who never receive the money due to them in cases where unscrupulous management simply ignore ET rulings. 

There is no enforcement procedure, and many wronged workers give up in sheer frustration and deep disappointment. Despite calls for a toughening up of the system, there has been no sign of meaningful Government intervention.

The only initiative from Westminster which was supposed to strengthen the hand of successful ET claimants has turned out to be an unadulterated failure.

As The Guardian newspaper reported in April: "The government has failed to name and shame a single employer four years after pledging to provide an online list of rogue bosses who refuse to pay workers money won at employment tribunal. In 2018, the government announced they would make the “largest upgrade in a generation to workplace rights”, adding they would deliver “the government’s commitment to build an economy that works for all”.

As part of that announcement, they threatened to publicly identify employers who failed to pay employment tribunal awards within a reasonable time on a database called the Employment Tribunal Naming Scheme.

But, as the Guardian article revealed, a Freedom of Information request had shown that in the wake of the Department for Business, Energy and Industrial Strategy’s (BEIS) pledge four years ago, they were notified 3,713 times about bosses failing to pay successful claimants their money. To their shame, they had not named a single employer up to April this year when the database remained blank.

However, unlike many of those who have thrown in the towel, Mr Jeffrey remains fiercely determined to fight on, and has spent a great deal of time and a significant amount of his hard-earned cash in his quest for justice.

In the lead up to the original tribunal hearing, Mr Jeffrey faced a barrage of written abuse from Mr Frost although when the case was called in Glasgow Agritech failed to show face despite multiple attempts to contact the company's directors by tribunal staff.

In a written document submitted to the tribunal service in July 2020 Mr Frost wrote of Mr Jeffrey: "Claimant has been paid, indeed overpaid for the actual time worked.

"Claimant has not been charged with the theft of the items from Harcarse Hill farm (where Mr Jeffrey worked) though a report has gone to the PF (Procurator Fiscal) involving colleagues of the claimant re the theft of some £550,000 of items. That said, the claimant civilly is likely to be sued for perceived theft involvement as he left the keys in the vehicles which were stolen and attempted to erase the CCTV. Claimant is under investigation for another potential fraud from Avocet involving over £400,000".

The target for Mr Frost's repeated attacks has never been charged with any offence. And he has yet to be sued in the civil courts.

After receiving the tribunal decision, Mr Jeffrey told us: "“Throughout this ordeal the Avocet directors have either, lied, blamed each other, or totally ignored all requests for information.

"Eirlys Lloyd, the company secretary, was unable to tell me who dealt with payroll. There were also allegations in company emails which shockingly implied that I was on drugs.

"False accusations of harassment, blackmail, theft, fraud, and destruction of evidence, are all still ongoing, 14 months after my redundancy. These false accusations all because I asked for my unpaid wages, expenses, and redundancy payment."

Mr Jeffrey has now notched up another legal 'win' which will allow his remedy hearing to be held before an ET judge.

He explained: "I was due to have a second hearing to determine remedy. This is where the problems started. I was required to provide evidence to show that I was still pursuing my claim against Avocet Agritech to prevent the company from being struck-off. Unfortunately, due to the slow response times from the ET caused by the pandemic I did not receive the required evidence in time. The company was therefore struck-off and I was denied a hearing."

Mr Jeffrey was advised that as a creditor of his ex-employers one way to proceed would be to have Agritech reinstated to the Register of Companies -  a relatively rare course of action in such circumstances.

"To have the company reinstated I had to issue a claim form with supporting evidence to show that I was owed money by the company. I used the services of a solicitor as I believed Avocet could contest the application and we all know how they like to confuse matters."

The reinstatement application, submitted to the County Court at Central London, was granted by district judge Revere with the consent of a lawyer representing Companies House.

The exercise has cost Mr Jeffrey a total of £1,575, including £300 for the Registrar of Companies' legal fees and a court fee of £280. He has been informed that Agritech 'rose from the dead' so to speak on May 23rd, and is now back in business for the "raising of other cattle and buffaloes."

A letter from Companies House states: "Upon its restoration, the company is deemed to have continued in existence as if it had not been dissolved or struck off the register and any assets are now held by the company. The company will remain on the register for five years. If matters have not been completed
within that time, you will need to contact Companies House by 31 May 2028 to extend the
period further.".

Said Mr Jeffrey: "It is shocking how difficult and costly it’s been to get to this stage. I did at one stage try to arrange for an enforcement/collection officer to collect payment. But because the company had been struck-off that proved to be a dead end."

The question is: why should Mr Jeffrey have to embark on this tortuous and costly journey in a bid to get the money he is entitled to? A radical shake-up of the entire system is surely required as a matter of urgency.

Several other Avocet group companies have been the subject of ET awards to claimants in recent years. 

They include Iain Munro, a former employee of Avocet IP Ltd. (awarded £177,313 for unlawful deduction of wages); Robert Harris (worked for Avocet H20 Ltd awarded £17,095 for unfair dismissal and unauthorised deduction of wages); Neil Brigham (ex-employee of Avocet Farms Ltd awarded £7,735 for unauthorised deduction of wages); and Sarah Shotton (worked for Avocet Faculties awarded £9,588 for unfair dismissal and breach of employment contract).

Mr Frost and his wife Janet Orr Frost who are still listed at Companies House as 'active' directors of Avocet Agritech, are the subject of bankruptcy orders imposed by a judge in October 2021. The third officer of the restored company is the secretary, Eirlys Lloyd Company Services Ltd. The registered address is in Berwick-on-Tweed.

"Five star" Great Tapestry venue still short of customers

by DOUG COLLIE

The number of visitors to the widely acclaimed Great Tapestry of Scotland gallery in Galashiels fell 47 per cent below target at 20,752 in financial year 2022/20 as the five star visitor attraction falls under scrutiny in a strategic review of cultural, sport and leisure services in the Scottish Borders.

A comprehensive report on attendances at local museums, libraries, swimming pools and galleries will be presented to members of Scottish Borders Council next week, demonstrating demand for leisure trust Live Borders' facilities pre-Covid and post-pandemic.

The decision to remove Jedburgh Library from its long-term home in a Carnegie building near the town centre to a hilltop site in the recently completed schools campus appears to have been catastrophic so far as visitor numbers are concerned. 

According to the tables of statistics, there were 12,939 recorded visits to the Castlegate library in 2019/20 compared to a meagre 693 visitors to the SBC-managed combined library/contact centre within the school in 2022/23.

Live Borders runs the sport, leisure and cultural services under a contract with the council after it was decided to form the separate charitable trust a number of years ago. But the autonomous organisation has recently struggled financially after councillors sanctioned cuts in the annual management fee. Supplementary payments have had to be approved to help out the trust.

The report on the Live Borders Contract Performance 2022/23 by James Lamb, Portfolio Manager is for a meeting of the council's External Services Providers Monitoring Group.

It says the full year 2022/23 is the first year of delivery of all services and activities following the lifting of all pandemic restrictions. Participation has not returned to pre-pandemic levels and the rate of return is slower than anticipated. 

"Live Borders, along with many other businesses, is facing significant challenges as a result of the impact of the cost-of-living crisis on customers and staff. The increase in energy costs has a significant impact on the running cost of facilities, in particular swimming pools. Actions have been taken to reduce energy consumption, but these are limited due to the age and condition of the sporting estate and plant."

 The current review will aim to strengthen and improving partnership and service delivery arrangements and ensuring that the services delivered by Live Borders, on behalf of SBC under the terms of the SPA [Service Provision Agreement], are sustainable in the long term and meet the current and future needs of Borders residents. 

It will consider the SPA and the performance management arrangements. Its scope includes: "Reviewing and developing our shared strategic vision. Reviewing the scope and range of services provided through the partnership. Reviewing how, and where, services are delivered. Reviewing our joint working arrangements. Updating the SPA – including performance management arrangements. Undertaking building energy surveys."

These are among the facts and figures included in Mr Lamb's report: Cultural Services 2022/23 - Library visitors actual 234,149 target 150,000 +56%; Coldstream Museum 3,373, 2,625 +28%; Peebles Museum & Gallery 5,001, 2,700 +85%; St. Ronan's Wells Visitor Centre 713, 2,300 -69%; Halliwell's House Museum 3,226, 2,625 +23%; Old Gala House 1,102' 2,625 -58%; Sir Walter Scott's Courtroom 3,940, 2,625 +50%; Hawick Museum 8,682, 5,100 +70%; Borders Textile Townhouse 7,270, 6,000 +21%; Jedburgh Castle Jail Museum 22,307, 10,325 +116%; Mary Queen of Scots' Visitor Centre 26,288, 9,500 +177%; Jim Clark Museum 8,860, 10,500 -16%; The Great Tapestry of Scotland 20,752, 38,955 -47%.

The report explains "In total, the full year cultural participation numbers were higher than target. This was driven by strong performance across several Museums including Mary Queen of Scots Visitor Centre, Jedburgh Castle Jail Museum, Peebles Museum & Gallery and Hawick Museum. All of these museums are free to enter, with visitors given an opportunity to make a donation should they wish to do so. Many did make a donation, which reflects positively on the visitor experience including the hard work of the front of house staff."

A section of the report devoted to The Great Tapestry of Scotlan (GTOS) shows visitor numbers were below the consultants' revised business case targets (revised in 2021). 

"The original Jura Consultants business case was developed pre-pandemic and the revised (post-pandemic) business case anticipated a return to pre-pandemic levels within 12 months of the pandemic restrictions ending. This has not been the case. 

"The bulk of National and international visitor attractions have experienced a slower increase in visitor numbers than planned. One focus of the joint SBC/Live Borders strategic review is GTOS. GTOS continues to develop as a key visitor attraction for the Borders."

Last month, VisitScotland advised that GTOS had retained its 5-star accreditation for a further two years. The VisitScotland rating narrative states that 5-star indicates “an exceptional standard – hard to fault quality, hospitality and service and consistently achieves the highest level of excellence”. 

During May, Channel 5 filmed for two days at the Tapestry and GTOS will feature in an upcoming episode of Susan Calman’s Great Days Out programme. 

The report adds: "GTOS is continuing to develop links with the travel trade and consumer market. During the last quarter, GTOS reps have attended three exhibition/networking events to develop business opportunities with tour group agencies, meeting 85 companies representing the UK, Europe, Asia and USA. Many of the larger companies plan 18+ months in advance, whilst smaller companies can react more quickly. All have been supplied with sales packs and brochure submissions and there is high level of confidence that this will result in additional bookings throughout 2023 and 2024."