Council says it has legal use of props and costumes for Derry Halloween

Concerns have been raised about access to the assets for this year’s event, which celebrates its 40th anniversary, due to an ongoing dispute over ownership.

Members of September’s Business and Culture Committee were asked to approve a one-year, interim lease arrangement for two units at Rath Mór Microenterprise Centre, for the storage of costumes, props and carnival assets currently held by NCWI, at a cost to council of £16,500.

At July’s Committee meeting members approved, in principle, for the future storage and management of the assets, and has since issued a Statement of Intent to NWCI confirming its willingness to accept agreed assets and to “engage with artists, community organisations, cultural partners and other relevant stakeholders on a longer-term approach to carnival arts provision”, council’s Head of Culture, Jacqueline Whoriskey, said.

Ms Whoriskey noted that NWCI has indicated limited capacity to continue to carry the lease, compliance and running cost obligations associated with the premises, and has asked Council to “step in” and take up the lease arrangements.

She added that any asset transfer would require NWCI members’ approval, and as there is not currently board consensus an immediate transfer may not be achievable within the timescale required to “protect the premises, maintain the assets and support Halloween delivery”.

She stressed that while council commissions an independent assessment on the longer-term utilisation, ownership and stewardship model, the assets will be made available for this year’s Halloween celebrations through an agreed access arrangement.

“This would separate the immediate need to secure delivery from the longer-term question of asset ownership and stewardship,” she added.

SDLP councillor Rory Farrell made reference to an ongoing Intellectual Property (IP) ownership dispute among council, NCWI, and artists involved in creating the props and costumes, with some artists putting forward a claim against council to an employment tribunal.

Councillor Farrell said the dispute had “created a lot of uncertainty and a lot of confusion for the general public”, and asked if council had sought legal advice to ensure NCWI were in a legal position to make the agreement with council.

Councillor Farrell also asked for confirmation that council were, or expected to be, party to any employment tribunal involving the artists.

Ms Whoriskey said council was able to use the props and costumes, as long as they are in NCWI’s ownership.

“We have taken advice and we’ve been told that we can use them provided NCWI have bought and paid for those costumes, which in all cases, as far as we’re aware, they have,” she said.

In response to councillor Farrell’s query around the tribunal, Director of Business and Culture, Stephen Gillespie, concluded: “We have been advised that action in an employment tribunal has been proposed against council.

“That is with our legal advisors, not with our legal team within council. Employment law is separate, so it’s run through our HR department.

“That is with them for advice, we are working our way through that advice, and that’s just a matter of process. That’s as much as I can say about that issue.”