Richard Penn clears Dave Green following whistleblower’s allegations surrounding the Highways and Engineering Services Contract award to Colas

Richard Penn clears Dave Green following whistleblower’s allegations surrounding the Highways and Engineering Services Contract award to Colas

Yesterday I read the thirty-nine page report of Richard Penn about Dave Green and the reasons behind his suspension.

For anyone reading it, it doesn’t make much sense without reading the background documents first, so below is a list of two of the background documents I could find online and a link to the minutes of a meeting from 2010 at which one of the reports was discussed.

Highways and engineering services contract Award and Management (Report in the Public Interest) (Audit Commission) 8/6/12

Procurement follow up of Public Interest Disclosure Act disclosure (Audit Commission) 16/9/2010 and the minutes of the Audit and Risk Management Committee of 28th September 2010 that discussed it

The rest of the documents such as the Council’s Conflict of Interest Policy and Conflict of Interest Policy Procedure don’t seem to be on Wirral Council’s website although I did find the Equality Impact Assessment for the Conflict of Interest Policy which refers to the M15 Conflict of Interest Declaration Form and the annual Key Issues Exchange.

The Equality Impact Assessment from the 8th February 2008 states “following Audit advice employees are continually reminded of their obligations to declare any conflict of interest” which raises the point as to whether this was actually happening in practice.

When Dave Green realised there was a conflict of interest on 20th October 2008 if as an employee he was being “continually reminded of his obligations”, he would have stated this conflict of interest using the M15 form, rather than as stated in the report he “immediately sought advice from Simon Goacher regarding the potential for conflicts of interests” (which delayed the M15 form being submitted for three weeks which meant it was after the whistleblowers made their allegations about him).

Moving to the part of the report that states “Dave Green also commented on what he described as the inaccurate reporting of facts in the local press. The Council has done nothing to correct the incorrect reporting largely generated by the Council publishing and considering the wrong report at the July Council meeting.” and “Dave Green considered that it was absolutely unreasonable for the Council to allow such inaccurate reporting to continue and demonstrated a poor ‘duty of care’ to him as one of its employee.”

Certainly there was something in the Council’s press release in response to the Audit Commission report entitled “Council response to District Auditor’s report” dated 8th June 2012 that someone took exception to it as it’s been removed from Wirral Council’s website and was the press release that this Wirral Globe story was based on.

The part of the Council meeting referring to Dave Green’s suspension was unusually held in private without the press and public present see here, although the public interest report was discussed in public, it seems the Audit Commission report on Wirral Council’s website was replaced with a different version a week after the meeting was held.

Cabinet (Wirral Council) 20th December 2012 Part 1: Trade Unions Protest Over Budget Cuts Proposals

Wirral Council’s Cabinet meeting of the 20th December 2012 Part 1: Trade Unions Protest Over Budget Cuts Proposals, Joe Taylor (UNISON) criticises cuts proposals

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Prior to the Cabinet (which was rearranged from Committee Room 1 to the Civic Hall) there was a union protest outside the Town Hall and many of the hundreds of people stayed on for the meeting itself which lasted about an hour. When the Cabinet Members arrived they were booed.

No Cabinet Members declared any interests. The minutes of the previous meeting were agreed and Cllr Phil Davies asked the Interim Chief Executive Graham Burgess to talk about the proposals on the Council’s Budget from 2013 to 2016. Graham Burgess spoke for about five minutes about the issues.

Joe Taylor (the branch secretary of the local Wirral UNISON branch) then was asked to speak to the meeting. Before Mr. Taylor had even sat down, he received loud applause as well as whistling and cheering which continued even after he sat down. He started off by thanking Cllr Phil Davies for the opportunity to make a number of points. He said he would try to keep within the five minutes but not to hold him to that (he actually ended up speaking for eleven minutes).

He said after the Cabinet meeting of the 8th November the Labour Group had agreed to extend the consultation on the terms and conditions [of employment] which was welcomed, however he made it clear that UNISON was against any reduction in pay as a result of changed terms and conditions. He said it had been rumoured that the unions had agreed some savings, but that no savings had been agreed between the trade unions and Wirral Council.

Mr. Taylor said that during the ninety day consultation period they would work with the Authority [Wirral Council] to find alternatives. He said that they also welcomed the extension of the consultation on the voluntary redundancy scheme. He said that if Wirral Council did go for compulsory redundancies that UNISON and UNITE would ballot their members.

Joe Taylor then referred to the proposed senior management restructure and the budget consultation. He said they’d asked a national union officer to come down from London on the 16th January 2013 to go through the books so that the unions could come up with alternatives.

He said there should be no compulsory redundancies, but he said that the officer’s proposed savings “devastate services to the people of the Wirral”. Joe Taylor then said that the service losses would lead to job losses, that he didn’t want services to be slashed and asked the Labour Group to work with the trade unions and get something “viable for this Authority”. He told the Labour councillors “don’t smash the communities and the people who voted you in”.

The next items Mr. Taylor referred to were the special Scrutiny Committee meetings specifically the Council Excellence Overview and Scrutiny Committee meeting [of the 5th December]. He said, “I was appalled, I was appalled and I was alarmed. I was alarmed on the basis that the person who came forward couldn’t quote some of the factual information that affects our members”, he went on to give three examples. The first job referred was a part-time receptionist which he claimed would lose out on £3,163 if the new terms and conditions were agreed which he said would equate to a 34% loss of pay. This prompted heckling from the audience.

The next job he referred to was an Emergency Duty Team Social Worker on £40,234, who would lose out on £8,098 if the revised terms and conditions were agreed followed by a part-time cleaner on £6,256 who he claimed would lose out on £4,175 under the revised terms and conditions. He said that those were the real facts that should be quoted and scrutinised by councillors and asked councillors to “delve into the detail”.

He said that if the revised terms and conditions were accepted that it would equate to a pay cut over the next three years. He next referred to the statement that changes to the essential car allowance in other authorities had caused a short disruption. He said, “If that’s the type of consultation that you study other authorities about car allowances and how much the disruption will be for the Authority, I can tell you now, we met with our Members, we’ve had six general meetings around the Borough and they were packed to the rafters. Packed to the rafters and they were quite clearly telling us they won’t use their cars. Social workers were saying they won’t use their cars.”

13:50

Planning Committee (Wirral Council) bans filming again

Labour ban filming again at Planning Committee (Wirral Council) 18th December 2012

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Planning Committee bans filming again on 6:5 vote.

Present:
Cllr Bernie Mooney (Chair)
Cllr Eddie Boult
Cllr Stuart Kelly
Cllr Brian Kenny
Cllr Denise Realey
Cllr Joe Walsh
Cllr Paul Hayes
Cllr Steve Foulkes
Cllr David Elderton

Planning Committee started late, due to a discussion between myself and Surjit Tour about whether to film the meeting. He tried to persuade me not to. Needless to say I didn’t agree and stuck to the NUJ Code of Conduct which states “At all times upholds and defends the principle of media freedom, the right of freedom of expression and the right of the public to be informed”. The following notice of motion (agreed the evening before) was given as the rationale as to why the Planning Committee meeting of the 18th December 2012 should censor any filming. Personally I believe this breaches my article 10 rights on Freedom of expression.

ARTICLE 10
Freedom of expression
1. Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

2. The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

Despite the notice of motion (below) stating the complete opposite to what was agreed at Planning Committee, councillors refused to even bring up the notice of motion on the screen and read it before voting.

Proposed by Councillor Bill Davies
Seconded by Councillor Moira McLaughlin

Delete everything and replace with the following:

(1) Council notes that the Administration has not banned the public from being able to attend and film at meetings.

(2) The issue of filming is under review. The Acting Director of Law, Human Resources & Asset Management has been asked to look at how a balance can be struck between maintaining openness and transparency and addressing concerns among some members about what safeguards can be put in place on how video recordings might be used.

(3) Council notes that the wider issue of the Council streaming its committee meetings is being considered by the cross-party members Equipment Steering Group.

(4) Council asks for the outcome of the review to be presented to the Licensing, Health and Safety and General Purposes Committee for detailed consideration.

I discussed this with a Labour councillor after the meeting. He said that one of his councillors had tried to film their grandchildren’s nativity play at a school and been stopped by school staff. This guidance from the Information Commissioner’s Office entitled “Data Protection Good Practice Note Taking Photographs in Schools” shows this was incorrect.

The same councillor also stated that if he took a photo of me and put it on a website, he could be accused of bullying under the Members Code of Conduct. I really don’t mind if people take a photo of me though, I’m not as camera shy as the Labour councillors are! He then went on to state they have more important things to think about like the 2013/2014 Budget.

Wirral Council (Council, 17th December 2012): Christmas Omnishambles Edition Part 1

Part 1 of a report of the Wirral Council meeting of the 17th December 2012: Christmas Omnishambles edition

I feel obliged to write about the complete omnishambles that public meetings at Wirral Council are becoming. If it was a one-off I wouldn’t mind, but this isn’t the first time something similar has happened and points to a worrying officer culture developing at Wirral Council. Wirral Council officers at last night’s public meeting were given instructions from above in keeping the hordes* out of last night’s public meeting of the Council.

*Hordes refers to both the press & public (that is someone who is not a current Wirral Council councillor or officer). I was tempted considering the thought processes of senior officers to use the word pleb instead of horde.

I hope whoever is reading this understands that I write about this first because it affected a large number of the press and public and shows how Wirral Council treat people (that is fellow human beings with rights!*) in a depersonalised way similar to cattle. Whether the “orders from above” came from councillor or officer or both just shows how people are treated by Wirral Council and needs to be put in the public domain.

*A list of human rights is provided in the ground floor lobby on the wall, although you’d need X-ray eyes to read it as its mostly obscured by a potted plant.

A little bit of background first, the Council meeting just before Christmas traditionally tends to be one where the Mayor organises something involving children performing. Just picking one from past Council meetings at random (2009, when Cllr Hodson was Mayor) there was a girl singing in Chinese. This happened during the public meeting (which last night was supposed to be) during Mayor’s Communications and made it more enjoyable for those present.

Last night’s public meeting was supposed to start at 6.15 p.m. (here’s the agenda sheet). If you want further proof of this just look at the Mayor’s Diary.

Prior to the meeting starting the Mayor (or someone from the Mayor’s office) had invited children from nearby St Georges Primary School, Wallasey to sing Christmas carols. Accompanying the children were about twenty-five parents and grandparents who’d come along to hear them sing. They’d been asked to turn up to the Town Hall well in advance of the meeting so the children could get the tour of the Town Hall. Whilst this was happening the parents and grandparents were ushered up to the public gallery.

Myself and Leonora (my wife) also went up at this point, partly as she was getting a reaction to a cleaning product used incorrectly on the hard floor in the lobby as she didn’t have her mask.

Prior to going up to the public gallery I was asked by a Wirral Council officer (and agreed) not to film the children singing, as a courtesy I said yes (this is partly due to commercial reasons). The last time I agreed to such a request was the Youth Parliament public meeting of the 9th October 2012.

The first warning sign came when happily sitting in the public gallery at about 6.15pm a Wirral Council officer came up to the row behind me and asked me (and Leonora) to leave on the basis the public meeting was a “private meeting”. I told him what I thought of it (basically it isn’t) and the guy told me not to “shoot the messenger”. After all (and this is me reading between the lines) when you’re one of the thousands of Wirral Council officers that’s been issued with an “at risk of redundancy” letter you’re unlikely to refuse an instruction from your line manager (or indeed senior management) when you’ve got a family to support and management will decide who gets made redundant. This is why it is very rare at Wirral for a officer to refuse a request of a councillor or management.

So we were both escorted from the public gallery to the Round Room, where hundreds of people were being “kettled”** by a number of Wirral Council officers in high vis jackets in the Round Room and Civic Hall to prevent them being at the public meeting. Sadly this resulted in my wife having a transient ischaemic attack (mini-stroke) due to further exposure to the chemical. Wirral Council officers were quoted as being “too busy” to offer any first aid.

** see earlier comment on human rights

For more on this night you can read Liam Murphy’s piece in the Liverpool Echo or Stephanie’s piece in the Wirral Globe. BBC Radio Merseyside was also there to cover the protest.

Sustainable Communities (Wirral Council) 4th December 2012 Dog Kennel Outsourcing Option

Sustainable Communities (Wirral Council)

The below is what happened at a recent meeting of Wirral Council’s Sustainable Communities Overview and Scrutiny Committee at the end of a discussion about their response to the consultation on the budget option on the closure of Birkenhead dog kennel. The main concern was that if implemented the budget option would result in owners of dogs having to go to Halton to collect their pets. There’s an online petition against closure that has attracted over five hundred signatures.

Cllr David Elderton (Chair): Well as I’ve said before, I’m not prepared to continue with this tonight if we’re not allowed, yes, well that’s the point, no point in us giving our input unless it’s noted and I’m asked for it to be noted. I think that’s sensible, we’re all here to make our contribution to what’s going on. So are we happy with that and take a vote on that nominal contribution? All those in favour?
Cllr Jerry Williams: No, no, no!
Cllr David Elderton (Chair): OK, well this meeting is likely to be a waste of time if you can’t make some notes based on what we believe is contributing to a successful conclusion for all concerned. I’m disappointed but I’m not prepared to make an issue out of it. Can we, any more comments on dog kennels as such? I’ve made my own notes on that and I shall be reporting them to the right places. What’s the next one?
Answer: The next one is page 57.
Cllr Leah Fraser: Excuse me, sorry but as Dave [Mitchell] said there’s a whip going on, that’s supposed to be declared before the meeting.
Cllr David Elderton (Chair): Yes it should!
Cllr Leah Fraser: Well they’ve just been told to change their minds!
Cllr David Elderton (Chair): Well that’s a whip, so anyway…
Cllr Jerry Williams said it was purely up to [Labour] councillors how they deal with decisions.
Cllr David Elderton (Chair): Right, well if that’s the case I’m going to, I’m not wasting a lot of time on this, it’s a long night, I’m going to wind the tape back and I’m going to say I specifically propose as Chairman that this Committee that it should have some comment in the minutes saying the logistics of the issue should be taken into account during the consultation process. Do I have a seconder for that?
Cllr Steve Williams seconds.
Cllr David Elderton (Chair): Right, which means that the comment that I am about to formulate, including this certain term, dealing with all party on both sides’ interest in this, that we should ask to be investigated. Can I have a vote on that, without a party whip?
For: 4 (Conservative plus Lib Dem)
Against: 2 (Two Labour, the rest abstained)