John Stevens · @pzj_1
8th Jul 2015 from TwitLonger
No Justification for an Off Market Sale at Lennoxtown
Recently I have been corresponding very regularly with the Greater Glasgow Health Board, and in particular in connection with the ''Off market sale between GGHB and Celtic PLC''
The whole issue at stake was/is why was Lennoxtown sold to Celtic PLC on an 'off market basis''.
It surrounds comments made by the then CEO of GGHB in this very document. http://library.nhsggc.org.uk/mediaAssets/library/Report%20to%20Chief%20Exec%20and%20Dir%20of%20Finance%20of%20GGHB%20-%20Proposed%20purchase%20land%20at%20former%20Lennox%20Castle%20Hospital%20by%20Celtic%20FC.pdf
It the above document you will clearly see that the CEO GGHB states that he was working under the ''regulation'' that such a sale (Lennoxtown to Celtic PLC) could only proceed under these regulations off market ''when it is proved there is explicit agreement between the property adviser and the independent valuer that an ''off market'' sale will deliver a clear advantage over an open market sale''
That is stated very plainly. It is categorically mentioned by the GGHB CEO that such an agreement had to be in place.
I received a FOI confirming on the 1st of July after seeking a copy of the agreement if one existed between the property adviser and the independent valuer that an ''off market'' sale would deliver a clear advantage over an open market sale and this was agreed between the two and ratified in a document for the public to access.
Now note the following in the reply I received
Please note very carefully what was requested. According to the Greater Glasgow Health Board Guidelines, a property they were disposing of could only go ''off market'' if there was explicit agreement between the Property Adviser and the Independent Valuer that proved any sale would have the advantage of an off market purchase rather than being exposed to its full potential on an open market purchase.
Let me quote the reply from Greater Glasgow Health Board to my request of the copy of such an agreement.
''However in response to your specific request for further information which details the agreement between the property adviser and the independent valuer for an off market sale of this land, a further request made to the relevant department within the NHSGGHB whether such information is held. I have been advised that after a further search of files relating to Lennox Castle Hospital, there are no documents from either the property adviser or the independent valuer that are not already present on the FOI webpage of the NHSGGHB website. Accordingly under section 17 of the FOISA I must therefor notify you that the information you request is not held by the NHSGGHB''.
''Accordingly under section 17 of the FOISA I must therefore notify you that the information you request is not held by the NHSGGHB''.
As you clearly see, the GGHB have no record. Now at this juncture let me point out that this information sought and its non appearance has nothing to do with the good people who work in the Freedom of information office for the GGHB.
It is very simple they can not proof for something they have not on record. They very graciously gave me this explanation ''As I am sure you will know/appreciate, the role _____ and I play is in relation to the Freedom of Information Act and assisting applicants with obtaining the recorded information held by the NHS Board in relation to their requests.
Please note ''assisting applicants with obtaining the recorded information''
That means they can not produce something that is either never recorded or gone missing.
Now another FOI I requested from the GGHB was another matter relating to the regulations of the Scottish Executive which the CEO of GGHB claimed he was conscious the rules of which he must follow in the ''off market sale'' to Celtic PLC.
Under the guidelines of the NHS Property Transactions Handbook section 2;18 6
It clearly states the following
Special Purchasers (Off Market Sales are such) Where it is clear beyond doubt that one purchaser will submit a bid which will not be exceeded by open tender the property may be sold following direct negotiation.
Now again I asked for documents that proved the above ''that one purchaser will submit a bid which will not be exceeded by open tender''
No wonder these ''Off Market Sales'' are called special purchases, because how anyone could know the above, that one purchaser will submit a bid which would not be exceeded by open tender , when no one else knows that the land is for sale or is invited to make a bid, is completely beyond me.
Never the less if Celtic PLC first bid is anything to by this whole regulation was completely discarded.
Lawwell's offer on behalf of Celtic PLC is seen here for, 50 acres of Brownfield land https://footballtaxhavens.files.wordpress.com/2014/02/knockback-letter.png
That works out at £840 pounds per acre. And still the CEO of the GGHB who claims he was working under the regulations of the NHS Property Transactions Handbook which included section 2;18 6, which stated ''Where it is clear beyond doubt that one purchaser will submit a bid which will not be exceeded by open tender the property may be sold following direct negotiation'' carried on with this complete farce and strayed/ignored/discarded the guidelines he claimed he was working under and further still acknowledged that the guidelines established by the Scottish Executive this was an ''Of Market Sale''.
Further still he reiterated the point in the document provided at the beginning of this post that under such regulations this purchase could only occur in exceptional circumstances ''if there was explicit agreement between the Property Adviser and the Independent Valuer that proved any sale would have the advantage of an off market purchase''
So lets reiterate where we are at this point. An 'explicit agreement'' which had to be in place so that the 'Off Market Sale'' to Celtic PLC could be justified and read by the public, whose land was being sold, no one has any knowledge or record of its existence.
No further discussion or document is provided that could also prove why anyone, who had anything to do with the sale of this public land could prove 'Where it is clear beyond doubt that one purchaser will submit a bid which will not be exceeded by open tender''
Not one document exists for anything that proves agreement or discussion or justification for the ''Off Market Sale'' to Celtic PLC.
Consider these points very carefully, as the above is accurate, the truth and no one can produce any document to prove otherwise that it is not the case.