Did Wirral Council’s Pensions Committee really approve the accounts of the £6.9 billion Merseyside Pension Fund?

Did Wirral Council’s Pensions Committee really approve the accounts of the £6.9 billion Merseyside Pension Fund?

Did Wirral Council’s Pensions Committee really approve the accounts of the £6.9 billion Merseyside Pension Fund?

Pensions Committee (Merseyside Pension Fund) 15th September 2015 Left Peter Wallach Head of Pensions Right Cllr Paul Doughty Chair of the Pensions Committee
Pensions Committee (Merseyside Pension Fund) 15th September 2015 Left Peter Wallach Head of Pensions Right Cllr Paul Doughty Chair of the Pensions Committee

Below is a copy of my statutory objection to the approval of the accounts of the Merseyside Pension Fund (a £6.9 billion pension fund that form part of Wirral Council’s accounts) which go to Wirral Council and its auditors Grant Thornton.

It’s rather dull and technical, but in the interests of openness and transparency I am publishing it below. It relates to yesterday’s meeting of the Pensions Committee that can be viewed below. I was so cheesed off I made two spelling mistakes in the email (a corrected version is below).

Plus ça change, plus c’est la même chose!

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Wirral Council’s Pension Committee public meeting of the 15th September 2015 Part 1 of 2 (Merseyside Pension Fund)

I reckon receiving this email will probably be about as welcome at Wirral Council as someone breaking wind in an open plan office. However such is life! The press are independent for a reason!


Subject: Statutory objection to Pensions Committee approval of Merseyside Pension Fund Accounts for 2014/15

CC: Pat Philips
CC: Colin Hughes
CC: Surjit Tour
CC: Peter Wallach
CC: Joe Blott
CC: Tom Sault

CC: Cllr Paul Doughty
CC: Cllr Ann McLachlan
CC: Cllr George Davies
CC: Cllr Treena Johnson (email address unknown)
CC: Cllr Adrian Jones
CC: Cllr Brian Kenny
CC: Cllr Geoffrey Watt
CC: Cllr Kathy Hodson
CC: Cllr Cherry Povall
CC: Cllr Pat Cleary
CC: Cllr Anita Leech

CC: Cllr Nick Crofts (Liverpool City Council)
CC: Cllr John Fulham (St Helens Council)
CC: Cllr William Weightman (Knowsley Council)
CC: Paulette Lappin (Sefton Council)

CC: Cllr Jim Crabtree
CC: Cllr Ron Abbey
CC: Cllr Chris Blakeley
CC: Cllr Angela Davies
CC: Cllr David Elderton
CC: Cllr Phil Gilchrist
CC: Cllr John Hale
CC: Cllr Matthew Patrick

CC: Fiona Blatcher
CC: Heather Green
CC: Chris Blakemore

Dear all,

I am a local government elector in the Wirral Metropolitan Borough Council area and make this statutory objection to the Pensions Committee approval of the the Merseyside Pension Fund Accounts for 2014/15 (see Audit Commission Act 1998, s.16).

For the purposes of clarity to the auditor this is a statutory objection to a matter not in relation to a matter covered by Audit Commission Act 1998, s.17-18 but Audit Commission Act 1998, s.8.

As required I am sending a copy of this objection to the auditor, those I have contact details for on Wirral Council’s Pensions Committee (I do not have an email address for Cllr Treena Johnson), Wirral Council’s Audit and Risk Management Committee and those tasked with corporate governance at Wirral Council such as the Monitoring Officer Mr. Tour, the Head of Pensions Peter Wallach, the Strategic Director for Transformation and Resources Joe Blott and Tom Sault the Acting 151 Officer as well as other relevant people.

I do not have contact details for some on the Pensions Committee. I am sending this to the officer who took the minutes of the Pensions Committee meeting on the 14th September 2015 in the hope that it can be forwarded to those I do not have contact details for (the non-councillor members and Cllr Treena Johnson).

As this is a rather technical objection, I provide below a summary of the key points.

However I first need to declare an interest. I have a close family relative who is currently paid a pension by Merseyside Pension Fund, therefore a close interest in the corporate governance of the Fund being done properly.

On the 14th September 2015, I and three other members of the public (two of whom were employed by Grant Thornton and are Wirral Council’s auditors) attended a public meeting of Wirral Council’s Pensions Committee.

This meeting was filmed by myself and published shortly after, see

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and

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.

One of the functions of the Pensions Committee as detailed in Wirral Council’s constitution is to approve the statement of accounts and financial statements of the Merseyside Pension Fund and recommend these to the Audit and Risk Management Committee.

This is because the Merseyside Pension Fund forms part of Wirral Council’s accounts. There is a statutory deadline to approve the statement of accounts for the 2014/15 financial year by the 30th September 2015.

As mentioned at the Pensions Committee itself by one of the councillors this Fund is valued at ~£6.9 billion.

Item 4 and 5 on the agenda of that meeting were the pension fund accounts 2014/15 and draft annual report.

As the Pensions Committee is a public meeting of a local authority, legislation that governs public meetings applies to it. The statement of accounts formed part of a document known as the “Report & Accounts 2014/15” which was given to those on the Pensions Committee present on the afternoon of the meeting itself.

Please note the reference below to principal council, by virtue of Local Government Act 1972, s.100E also apply to committees and sub-committees of a principal council. The Pensions Committee is a committee of a principal council.

Local Government Act 1972, s.100B(4), is quite clear on the procedure that should be followed in the case of agenda items that are not open to inspection by members of the public five clear days before the meeting.

(4) An item of business may not be considered at a meeting of a principal council unless either—

(a) a copy of the agenda including the item (or a copy of the item) is open to inspection by members of the public in pursuance of subsection (1) above for at least [five clear days] before the meeting or, where the meeting is convened at shorter notice, from the time the meeting is convened; or

(b) by reason of special circumstances, which shall be specified in the minutes, the chairman of the meeting is of the opinion that the item should be considered at the meeting as a matter of urgency.

It is clear that the Report & Accounts 2014/15 for the Merseyside Pension Fund did not fall under the description in s. 100B (4)(a) and therefore the procedure in 100B(4)(b) applies. The Chairman of the Pensions Committee Cllr Paul Doughty did not specify at the meeting itself his opinion that the item should be considered as a matter of urgency, nor would the reasons for this be specified in the minutes.

This is an important corporate governance safeguard written into legislation.

Firstly, if the documents are not made available to the public five clear days before the meeting, the public and press cannot scrutinise them. Secondly (as was mentioned at the meeting itself) at least one councillor expressed the view that half an hour was insufficient to scrutinise a highly technical 46 page document.

This is not a one off occurrence. Officers in previous years have frankly played these games of brinkmanship with accounts routinely handed to those tasked with corporate governance to approve on the evening of the meeting itself. The safeguard above in s.100(4)(b) above, details a procedure to be followed if the matter is urgent.

Therefore my objection is that because of what I have detailed above, the Pensions Committee did not approve the statement of accounts for the Merseyside Pension Fund because:

(a) the report was late and
(b) it is clear from the legislation that a procedural step was missed making the decision ultra vires.

I am however not an unreasonable person and suggest the following course of corrective action. If this is followed I will happily withdraw my objection.

i) That the Pensions Committee holds a further meeting between now and 30th September 2015.
ii) The Audit and Risk Management Committee recommendation is altered (agenda item 12 meeting of the 22nd September 2015) to be conditional on the meeting outlined in i) and the same for any Cabinet meeting that has to approve the same item
iii) That at this special meeting it considers the items referred to in this objection in a way that is not open to legal challenge or perceived to be ultra vires and that the information for this meeting is published on Wirral Council’s website five clear days before the meeting.

As Wirral Council’s auditors Grant Thornton will no doubt make clear, the matter that forms this objections needs to be resolved before the accounts are signed off. I look forward to reading and hearing responses to this objection.

However as this is a perceived serious corporate governance failing, I am making this objection public.

Yours sincerely,

John Brace

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People power leads to Wirral Council U-turn on sale of Rock Ferry High School woodlands

People power leads to Wirral Council U-turn on sale of Rock Ferry High School woodlands

People power leads to Wirral Council U-turn on sale of Rock Ferry High School woodlands

                                                 

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Wirral Council’s Cabinet meeting of the 10th September 2015. The item on Rock Ferry High School starts at 17 minutes and 16 seconds

Cabinet discusses the future of Rock Ferry High School 10th September 2015 L to R Cllr Chris Meaden Cllr Pat Hackett Cllr Adrian Jones
Cabinet discusses the future of Rock Ferry High School 10th September 2015 L to R Cllr Chris Meaden Cllr Pat Hackett Cllr Adrian Jones

The issue of what happens to the former Rock Ferry High School site was on Wirral Council’s Cabinet agenda for a decision at last Thursday’s meeting.

Included with the reports for the meeting were details of the public meetings held. In case anyone has forgotten, one of the public meetings sparked a series of bizarre stories in the Liverpool Echo about what happened in the lead up to the 2015 General Election. The story continues with a Wirral Globe article and a Green Party investigation clearing its members of what Frank Field accused them of doing (which is that exceptional case of a party sticking by and believing its own members and not throwing them to the wolves when an influential member of another political party complains).

Maybe the Green Party aren’t like other political parties who take a "guilty until proven innocent (and we the party will decide upon what prove innocent means)" approach and grill the party member when a complaint happens. No I’m not referring to the recent suspensions of councillors in the Wirral Labour Group… but my own personal experience of the Lib Dems taking seriously a party political complaint about me from former Labour Cllr Harry Smith (sent to both me and the party with a Wirral Council "With compliments slip").

In essence his complaint was that when he was Vice-Chair of the Pensions Committee (the Pensions Committee manages the Merseyside Pension Fund worth £billions which has over a hundred thousand people either pensioners or employees part of it) I put in a leaflet to people in the Bidston & St James ward that he didn’t go to a meeting that reported the Merseyside Pension Fund had dropped by hundreds of millions of pounds.

His complaint was that he decided to go on holiday instead (he didn’t send a deputy to the meeting) and that my leaflet wasn’t unfair personally to him because it led to people going to his surgery and asking him questions (because and I mean this with a lot of dripping sarcasm of course, obviously the last thing a local councillor is paid a generous allowance of thousands of pounds a year for is to actually have to deal with the public and see what I write below for why the Labour Group of 2015 takes a different view on representing the public to Harry Smith). Therefore former Cllr Harry Smith (around the time of a one week suspension as a councillor for not apologising properly for bullying) wanted disciplinary action taken against me by the Lib Dem Party for telling the Bidston & St James residents the truth.

Ultimately the Lib Dem Party (who then were always very keen to curry favour with other political parties) gave him and his fellow Labour party members their way in 2011 but the Lib Dems (under a lot of pressure to get rid of me) did it so badly, the Birkenhead County Court ruled one of the Lib Dem councillors, the local Birkenhead party and indeed the whole Lib Dem Party had broken the law in doing so.

Thus proving that politicians are terrible at realising that there are legal limits on what they should or shouldn’t do. As many will know, the political class have an arrogant view at times that rules and laws apply to everyone but them! The MP expenses scandal showed that.

However to be fair (and hopefully as balanced as I can be) to the Lib Dem Party, their view is that an unlawful decision still stands and court orders should be flouted (and then the Lib Dem Party wonders why it lost 49 MPs at the recent General Election?)

As former Cllr Harry Smith didn’t get his way over that complaint he tried to stop filming of a public meeting of Pensions Committee meeting stopped, telling others on the Pensions Committee it I was because I was a member of a political party (at the time a lie as I wasn’t a member of the Lib Dems then, due no doubt in part to his complaints and moaning about me "blotting my copybook" as one party member put it). A rather young fellow Labour councillor had the gall to tell him such a point was irrelevant which really got him going, however I am digressing into stories from yesteryear. It was suggested to me recently that I should be more positive (however remembering how former Cllr Harry Smith used to be is enough to spoil anyone’s good mood)!

Returning to the Cabinet meeting, Cllr Adrian Jones explained that Rock Ferry High School had closed in 2011. He outlined the process that had to be followed if the Rock Ferry High School and the playing fields were to be used for a different purpose and that this required government approval from the Minister. He summarised the efforts so far on finding an alternative educational use for the buildings which unfortunately had not panned out.

The costs (business rates and security) of managing the vacant site were costing Wirral Council money. The original intention had been for Wirral Council to sell the buildings and playing fields. However following public consultation and "opposition" to disposal of the site, a compromise position had been found or as Cllr Adrian Jones put it, “However, we are a listening Council and following extensive public consultation it was evidenced that there was a very significant amount of opposition to that proposal.”

He went on to say that this option would produce a reduced capital receipt to Wirral Council, but this would allow the Residents’ Association to bring forward proposals for the playing fields and woodland.

Cllr Adrian Jones proposed the following recommendation.

"It is recommended that:

17.1 Cabinet approves the submission of the application to the Secretary of State for Education for the disposal and change of use of the former Rock Ferry High School.

17.2 Approve the mixed use option for the site as outlined in 6.4

17.2 Approve officers to progress development proposals to site (area A) for residential development in accordance with local planning requirements

17.3 Work with the newly formed Rock Ferry Residents Association to bring forward proposals for the management of the site (areas B and C)"

For the purposes of information 6.4 (which recommendation 17.2) of the report refers to states:

6.4 Take account of local views and develop a mixed use option for the site

(i) area (A) i.e. the main school site, development for housing

(ii) areas (B) and (C) the former playing field site could be considered for community asset transfer for continued sport use and open space. This is of particular interest to the residents in the area and plans for the management and development of the area are being considered. Football clubs in the area have expressed an interest and there are opportunities for obtaining grant funding. This area was previously designated as school playing fields and the only community use was through lettings agreed with the school, general community access was not endorsed.

Areas B and C are detailed in the report. Areas B and C are playing fields and area A covers the buildings and part of the playing fields.

Councillor Chris Meaden pointed out that it was in her ward and referred to "slightly heated meetings" that she had attended and that they’d listened to the residents, changed the recommendations so that the woodland was kept and the sports field. She thanks the residents of Rock Ferry and that "we hope we’ve proved ourselves to you"

Cllr Meaden went on to thank Jeannette Royle (Senior Manager, Asset Management), David Armstrong (Assistant Chief Executive) and David Ball (Head of Regeneration) for attending the meetings and she wanted to thank them for their support and their efforts in listening to residents.

The recommendation were agreed by Cabinet.

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11 pages of "secret" documents show the gap between the assets and liabilties of Merseyside Pension Fund is growing

11 pages of “secret” documents show the gap between the assets and liabilties of Merseyside Pension Fund is growing

11 pages of “secret” documents show the gap between the assets and liabilties of Merseyside Pension Fund is growing

                                            

Councillor Paul Doughty Chair of the Pensions Committee deciding on Monday 23rd March on the advice of officers to keep all this a secret
Councillor Paul Doughty Chair of the Pensions Committee (on the right of the photo) deciding on Monday 23rd March on the advice of officers to keep all this a secret

I will declare at the start that I have a close relative paid a pension from the Merseyside Pension Fund. Below are 11 pages of the minutes of the Investment Monitoring Working Party meeting held on the 5th March 2015. On the advice of officers, councillors on the Pension Committee on Tuesday resolved to keep these minutes out of the public domain on the basis that it was “Information relating to the financial or business affairs of any particular person (including the authority holding that information)” and that “in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information”.

I disagree and think there is a public interest in these minutes being in the public domain in the interests of openness and transparency.

Investment Monitoring Working Party Minutes 5th March 2015 Page 1
Investment Monitoring Working Party Minutes 5th March 2015 Page 1
Investment Monitoring Working Party Minutes 5th March 2015 Page 2
Investment Monitoring Working Party Minutes 5th March 2015 Page 2
Investment Monitoring Working Party Minutes 5th March 2015 Page 3
Investment Monitoring Working Party Minutes 5th March 2015 Page 3
Investment Monitoring Working Party Minutes 5th March 2015 Page 4
Investment Monitoring Working Party Minutes 5th March 2015 Page 4
Investment Monitoring Working Party Minutes 5th March 2015 Page 5
Investment Monitoring Working Party Minutes 5th March 2015 Page 5
Investment Monitoring Working Party Minutes 5th March 2015 Page 6
Investment Monitoring Working Party Minutes 5th March 2015 Page 6
Investment Monitoring Working Party Minutes 5th March 2015 Page 7
Investment Monitoring Working Party Minutes 5th March 2015 Page 7
Investment Monitoring Working Party Minutes 5th March 2015 Page 8
Investment Monitoring Working Party Minutes 5th March 2015 Page 8
Investment Monitoring Working Party Minutes 5th March 2015 Page 9
Investment Monitoring Working Party Minutes 5th March 2015 Page 9
Investment Monitoring Working Party Minutes 5th March 2015 Page 10
Investment Monitoring Working Party Minutes 5th March 2015 Page 10
Investment Monitoring Working Party Minutes 5th March 2015 Page 11
Investment Monitoring Working Party Minutes 5th March 2015 Page 11

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Why did Wirral Council pay £2,943.61 for travel to Rome, Madrid, Frankurt, Paris, Montreux, Dublin & Vienna?

Why did Wirral Council pay £2,943.61 for travel to Rome, Madrid, Frankurt, Paris, Montreux, Dublin & Vienna?

Why did Wirral Council pay £2,943.61 for travel to Rome, Madrid, Frankurt, Paris, Montreux, Dublin & Vienna?

                                                   

Councillor Paul Doughty Chair of the Pensions Committee deciding on Monday 23rd March on the advice of officers to keep all this a secret
Councillor Paul Doughty Chair of the Pensions Committee (on the right of the photo) deciding on Monday 23rd March on the advice of officers to keep all this a secret

I will declare at the start that I have a close relative paid a Merseyside Pension Fund pension.

Rome, Madrid, Paris and Vienna were all destinations travelled to by Wirral Council employees working in its Merseyside Pension Fund section paid for out of Merseyside Pension Fund funds. On the advice of officers, councillors on the Pension Committee on Tuesday resolved to keep this list out of the public domain on the basis that it was “Information relating to the financial or business affairs of any particular person (including the authority holding that information)” and that “in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information”.

I disagree with councillors on that assessment and the table of overseas travel by those in its Merseyside Pension Fund section for 2014 is below.

DEPARTMENT OFFICER LOCATION DATE PURPOSE COST *
MERSEYSIDE PENSION FUND GREG CAMPBELL MADRID 13-17 JAN 2014 ATTEND INVESTMENT CONFERENCE TO VIEW 16 COMPANY PRESENTATIONS WHO ARE POTENTIAL VIABLE INVESTMENTS. TO PROVIDE EUROPEAN MANAGER WITH BETTER UNDERSTANDING OF INDIVIDUAL COMPANIES AND INDUSTRY KNOWLEDGE. £642.63
MERSEYSIDE PENSION FUND PETER WALLACH ROME 5-7 FEB 2014 ATTEND INTERNATIONAL INVESTOR EUROPEAN PENSIONS SYMPOSIUM. INVITED TO SPEAK AT THE EVENT AND OPPORTUNITY TO HEAR FROM PENSIONS AND INVESTMENT EXPERTS. TO MEET WITH OTHER PUBLIC AND PRIVATE FUNDS. £260.22
MERSEYSIDE PENSION FUND SUSANNAH FRIAR MIAMI 18-21 MARCH 2014 ATTEND PARTNERS GROUP ANNUAL CONFERENCE TO DISCUSS PROGRESS OF FUNDS. ATTEND PRESENTATIONS BY PARTNERS FUND MANAGERS AND INVITED SPEAKERS TO LOOK AT CASE STUDIES OF COMPANIES INVESTED. NIL
MERSEYSIDE PENSION FUND LEYLAND OTTER MONTREUX 27-30 APRIL 2014 ATTEND EUROPEAN PENSIONS AND INVESTMENTS CONFERENCE. AN OPPORTUNITY TO NETWORK WITH OUR PEERS IN THE INVESTMENT FIELD AND TO ASSIMILATE CURRENT THINKING ON PROSPECTIVE INVESTMENTS ACROSS A WIDE RANGE OF ASSET CLASSES £305.58
MERSEYSIDE PENSION FUND OWEN THORNE DUBLIN 6-8 MAY 2014 ATTEND BLACKROCK RENEWABLES CONFERENCE. ATTENDANCE AT INVESTOR DAY WHICH IS INTEGRAL PART OF THE FUND’S INVESTMENT MONITORING PROCESS. TO EVALUATE PROGRESS OF THE TEAM AND OTHER NETWORKING AND MARKET INTELLIGENCE GATHERING BENEFITS £60.00
MERSEYSIDE PENSION FUND LEYLAND OTTER BRUSSELS 12-13 MAY 2014 ATTEND ANTIN IP INVESTOR DAY. OPPORTUNITY FOR UPDATE ON INFRASTRUCTURE FUND AND SITE VISIT NIL
MERSEYSIDE PENSION FUND SUSANNAH FRIAR FRANKFURT 13-15 MAY 2014 ATTEND INVESCO PROPERTY CONFERENCE TO DISCUSS PROGRESS OF THE FUND. TO ATTEND PRESENTATION BY INVESCO MANAGERS AND INVESCO SPEAKERS. MEET WITH OTHER INVESTORS £391.00
MERSEYSIDE PENSION FUND GREG CAMPBELL PARIS 17 JUNE 2014 TO ATTEND INVESTMENT CONFERENCE WITH OVER 20 COMPANY PRESENTATIONS. MANY WHO ARE HELD IN THE EUROPEAN PORTFOLIO. TO PROVIDE BETTER UNDERSTANDING OF INDIVIDUAL COMPANIES TO INCREASE INDUSTRY KNOWLEDGE. £713.89
MERSEYSIDE PENSION FUND SUSANNAH FRIAR PARIS 17-17 NOV 2014 ATTEND CARLYLE GROUP ANNUAL CONFERENCE. TO PROVIDE PROGRESS OF INVESTMENTS, ATTEND GENERAL CONFERENCE TO LEARN THOUGHTS OF GUEST PRESENTERS AND OTHER CARLYLE FUNDS. NETWORK WITH LIKE MINDED INVESTORS. £564.59
MERSEYSIDE PENSION FUND PETER WALLACH VIENNA 19-21 NOV 2014 ATTEND IPE CONFERENCE & ANNUAL AWARDS. AN OPPORTUNITY FOR MPF TO BE REPRESENTED AT THE AWARDS CEREMONY AND THE BENEFIT FROM THE SEMINAR AND NETWORKING OPPORTUNITIES WITH OTHER FUNDS. £5.70

* Costs to Fund. A number of events were subsidised by the organisers who pay for or contribute towards travel, and/or accommodation and/or attendance costs.

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What's happened on the 6th floor of Wirral Council's Chamber of Secrets for it to sue for over £300,000?

What’s happened on the 6th floor of Wirral Council’s Chamber of Secrets for it to sue for over £300,000?

What’s happened on the 6th floor of Wirral Council’s Chamber of Secrets for it to sue for over £300,000?

                                                             

Last year I requested various legal invoices during the 2013/14 audit of Wirral Council. One of these is below:

Wirral Council invoice Trowers & Hamlins £10,151.04 20th February 2014
Wirral Council invoice Trowers & Hamlins £10,151.04 20th February 2014

The invoice above is from Trowers & Hamlins and is for work connected to a court case to do with the 6th floor of Castle Chambers (a building owned and rented out by the Merseyside Pension Fund which is part of Wirral Council).

The court fee of £1,670 means this invoice is to do with to a civil court case in the High Court (in which Wirral Council is the claimant) to recover a sum of money where the amount exceeds £300,000 or an amount that is not limited.

What is blacked out under the heading Professional services provided appears to end in “6th floor Castle Chambers – Merseyside Pension Fund for the period to 31 01 2014”

So why all the secrecy surrounding the 6th floor at Castle Chambers? What was the outcome of the case and did the expenditure of £10,151.04 with Trowers & Hamlins lead to Wirral Council recovering any money?

Below is an earlier invoice about the same matter for £5,749.44.

Wirral Council invoice Trowers and Hamlins £5,749.44 13th August 2013
Wirral Council invoice Trowers and Hamlins £5,749.44 13th August 2013

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