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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Lyndale School parent "we really have lost faith in the democratic process"

Lyndale School parent “we really have lost faith in the democratic process”

Lyndale School parent “we really have lost faith in the democratic process”

                                                 

Councillor Harry Smith asks a question about Lynn Wright's qualifications
Councillor Harry Smith asks a question about Lynn Wright’s qualifications

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Above is a nearly two-minute video that shows a number of comments made at meetings about Lyndale School (plus at the end one councillor’s views on filming). A transcript is below.

CLLR PHIL DAVIES: Retaining the Lyndale School, this is chaos.

CLLR LEAH FRASER: The buildings have been valued at £1.7 million and the land at errm, the land at errm £508,000.

DAVID ARMSTRONG: It’s not a value, it’s an accounting process.

CLLR HARRY SMITH: What are Lynn Wright’s qualifications?

CLLR MOIRA MCLAUGHLIN: It’s the kind of question Harry I don’t want to take from this teaching assistant.

CLLR HARRY SMITH: With respect Chair, she was criticising her qualifications so I’m asking her what are Lynn Wright’s qualifications?

CLLR MOIRA MCLAUGHLIN: We’ll ask Lynn Wright as well what her qualifications are if you’re able to answer that?

NICOLA KENNY (TEACHING ASSISTANT): Errm, well I can’t tell you exactly all her qualifications but what I can tell you is in terms of PMLD, she’s not as qualified as me.

(applause)

CLLR WENDY CLEMENTS: And I just wonder if there’s anything else particularly that you think we need to know that will help us make our decision tonight?

DAWN HUGHES (parent): And we feel that you know that we’ve lost, we really have lost faith in the democratic process and how that we really haven’t been listened to and we feel that the, that local authority officers have not been comprehensive in their examination of all the evidence and the evidence that they’ve presented to Cabinet and that when our views are not listened to and we have an authoritarian top down way of dealing with people in the community, then you know people get angry and frustrated and people are angry and frustrated about this whole process and not just us I think actually generally the community across Wirral is really unhappy about this so I just wanted to make those comments.

CLLR STEVE NIBLOCK: I’m asking you to stop filming, that means stop now! Stop now!

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INCREDIBLE: £2,877.35 spent by Wirral Council last year in previously hidden payments on taxis for Labour councillors!

INCREDIBLE: £2,877.35 spent by Wirral Council last year in previously hidden payments on taxis for Labour councillors!

INCREDIBLE: £2,877.35 spent by Wirral Council last year in previously hidden payments on taxis for Labour councillors!

                                                              

Hackney carriage by Ed g2s
Hackney carriage by Ed g2s

Hackney carriage by ed g2stalkOwn work. Licensed under CC BY-SA 3.0 via Wikimedia Commons.

Every year, a legal requirement on Wirral Council means that they have to publish for each councillor how much was spent on travelling and subsistence allowances for each councillor.

The list published for 2013/14 is on Wirral Council’s website.

Last year I made a Freedom of Information Act request for a breakdown of payments made to three taxi firms (A.P. Contract Hire Ltd, Wallasey Cars Limited and Wirral Satellite Cars Limited) for taxi journeys made by councillors paid for by Wirral Council.

Here is the breakdown for each councillor, taxi firm and total amount for that financial year.

AP Contract Hire
Cllr Irene Williams £11.20
Cllr Phil Davies (Plus 3 Staff) £54.00
Cllr Steve Niblock £51.00

AP Contract Hire Total £116.20

Wallasey Cars
Cllr Bill Davies £25.00
former Cllr Brian Kenny £5.00
Cllr Christina Muspratt £10.10
Cllr Irene Williams £46.20
Cllr Joe Walsh £50.60
Cllr Moira McLaughlin £197.10
Cllr Pat Hackett £700.00
Cllr Steve Niblock £442.90
Cllr Tony Norbury £13.00

Wallasey Cars Total £1,489.90

Wirral Satellite Cars
Cllr Bill Davies £106.65
Cllr Chris Meaden £6.70
Cllr Christina Muspratt £159.40
Cllr Denise Realey £20.10
Cllr Harry Smith £25.20
Cllr Irene Williams £117.70
Cllr Joe Walsh £184.55
Cllr Moira McLaughlin £558.20
Cllr Phil Brightmore £7.30
Cllr Steve Foulkes £17.50
Cllr Steve Niblock £16.00
Cllr Tony Norbury £51.95

Wirral Satellite Cars Total £1,271.25

Grand Total £2,877.35

An amount of £10.20 for an Anne Davis for Wallasey Cars was also included in the response to my request, but as there is no councillor called Anne Davis, I have not included this amount in the figures above.

One thing to be noted is that all the councillors in this list are from the same party (Labour Party). Let’s take one councillor’s taxi expenses at random and compare them to the published list for 2013/14.

Cllr Moira McLaughlin’s taxi rides came to £197.10 with Wallasey Cars and £558.20 with Wirral Satellite Cars (total £755.30).

However next to Cllr Moira McLaughlin’s name on the published list of expenses are two entries. £40.10 for “expenses” and £167.29 for subsistence. This comes to a total of £207.39 that comprises the items detailed in the blog post expense claim forms for Councillor Moira McLaughlin 2013 to 2014. The taxi rides with Wallasey Cars and Wirral Satellite cars don’t appear at all despite regulation 15 requiring that Wirral Council publish the total annual sum paid by it for each councillor’s travel and subsistence allowance.

Taking another councillor from the list above, £700 was spent on taxi rides for Cllr Pat Hackett with Wallasey Cars. Yet when you read the published list for 2013/14 his expenses are down as £0 and travel expenses £0.

I would suspect that if I went through the list of councillors above I’d find that none of these taxi rides appear on the list that’s published each year. The response to my FOI request contains the line “The use of taxis’, and the associated costs, has been in connection with legitimate Council business.”

This all reminds me of that quote from Wirral Council’s former Chief Executive Graham Burgess of “We need to spend less on ourselves and more on services” and I wonder what the £2,877.35 spent on taxi journeys for councillors could have been spent on instead.

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Councillors recommend that they chose who will receive £thousands for sitting on new Pensions Board

Councillors recommend that they chose who will receive £thousands for sitting on new Pensions Board

Councillors recommend that they chose who will receive £thousands for sitting on new Pensions Board

                                                                   

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Above is video of the Pensions Committee meeting of 19th January 2015.

Pensions Committee Wirral Council Merseyside Pension Fund 19th January 2015 L to R Pat Phillips Cllr Geoffrey Watt Cllr Mike Hornby Cllr Chris Carubia Cllr Nick Crofts Cllr Harry Smith
Pensions Committee Wirral Council Merseyside Pension Fund 19th January 2015 L to R Pat Phillips Cllr Geoffrey Watt Cllr Mike Hornby Cllr Chris Carubia Cllr Nick Crofts Cllr Harry Smith

I’ll start this piece by declaring an interest as my father is paid a pension by the Merseyside Pension Fund administered by Wirral Council.

Wirral Council’s Pensions Committee (which form part of the governance arrangements for the Merseyside Pension Fund worth billions of pounds) met yesterday evening. The agenda and reports for this meeting are on Wirral Council’s website.

The first main item on the agenda was the creation of a Pensions Board which I’ve previously written about when it was discussed at a previous meeting of the Pensions Committee last year.

The original recommendation in the report had been “That Members consider the proposals for the Wirral Pension Board set out in this report and the draft Terms of Reference and advise officers of any required amendments before submission for approval and implementation by Wirral Council.”

The Chair of the new Pensions Board will receive £2,751 a year (plus travel & subsistence expenses) and the employer/employee representatives will receive £1375.50 a year (plus travel & subsistence expenses). Just before the meeting started a much more detailed recommendation was handed out. This was agreed at the meeting and is now a recommendation to a future meeting of all Wirral Council councillors. One of the implications of the revised recommendation is that three councillors (who are not on the Pension Committee) will form a selection panel to choose who is on the new Pensions Board.

The complete revised recommendation is below:

“1. Pensions Committee agrees and recommends to Council:

a) the establishment of a Pension Board pursuant to regulations (The Local Government Pension Scheme (Amendment) Regulations 2014) in accordance with the Terms of Reference set out in appendix 1, subject to the membership being agreed by Council and the Terms of Reference being amended to confirm that the board shall be quorate providing a minimum of 4 members are present.

b) that the Pension Board shall have the authority to do anything which is calculated to facilitate, or is conducive or incidental to, the discharge of any of its functions.

c) the establishment of a selection panel by the Council in accordance with appendix 3 to consider and assess applications received and undertake interviews. The selection panel is to make recommendations to Council with regard to appointments to the Board.

d) that the Head of Pension Fund be authorised to implement the administrative arrangements required to undertake a recruitment exercise necessary for the selection and appointment of members to the Board.

e) that the definition of independent member for the purposes of the Board shall be agreed as:

  • not a current elected member or employee of a participating scheme employer
  • has not been an elected member or employee of a participating scheme employer in the past 5 years

f) that in respect of the two active member representatives, the initial appointment to the Board for one of the representatives shall be for a term of 6 years and the other for 4 years; that in respect of the two representatives of local authorities, police/fire/transport authorities and parish councils, the initial appointment to the Board for one of the representatives shall be for a term of 6 years and the other for 4 years.

g) that the Pensions Committee (and the Heads of the Pension Fund and of Legal and Member Services after consultation with the Chair of the Pensions Committee prior to the meeting of the Council in March 2015) may recommend to Council changes to the Board and its Terms of Reference having regard to the final form of regulations and statutory guidance.

2. that the Selection Panel’s Terms of Reference as set out in Appendix 3 shall be that:

  • it shall comprise 3 elected members
  • it shall not consist of current Pensions Committee members
  • There shall be two advisors to the selection panel: the Head of Pension Fund and a representative from the Fund’s external auditors.

3. That the following amendments be made to the Board’s terms of reference set out in appendix 1.

a) Section 3 “Members of the Board shall cease to be a member of the Board if they do not attend two consecutive meetings and fail to tender apologies which are accepted by the Board” be substituted for “Other than by ceasing to be eligible as set out above, a Board member may only be removed from office during a term of appointment by the majority agreement of all of the other members. The removal of the independent member requires the consent of the Scheme Manager”.

b) Section 3 the following shall be added: “In the event of the independent member not being available for a Board meeting, a Vice Chair for that meeting shall be determined by the Board members”.

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Wirral Council's Pensions Committee agrees to create new Pensions Board for Merseyside Pension Fund

Wirral Council’s Pensions Committee agrees to create new Pensions Board for Merseyside Pension Fund

Wirral Council’s Pensions Committee agrees to create new Pensions Board for Merseyside Pension Fund

                                            

Pensions Committee 17th November 2014 Committee Room 1 Wallasey Town Hall L to R Peter Wallach Cllr Paul Doughty Colin Hughes
Pensions Committee 17th November 2014 Committee Room 1 Wallasey Town Hall L to R Peter Wallach Cllr Paul Doughty Colin Hughes

I’ll start this write-up of the Pensions Committee of 17th November 2014 by declaring an interest in the Pensions Committee (which governs the Merseyside Pension Fund administered by Wirral Council). My father is one of the retired members n the Fund and is paid a pension from it.

Just before I start, there is now a brass plaque outside Committee Room 1 (where the Pensions Committee meeting was held), referring to Committee Room 1 as the Mark Delap Room in memory of Mark Delap, who was a Wirral Council employee that took minutes at public meetings who sadly passed away this year.

Links to the agenda, supplementary agenda and reports for this meeting are on Wirral Council’s website.

Video of the first nine agenda items of the meeting can be viewed in the Youtube video below.

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Pensions Committee (Wirral Council) 17th November 2014 Committee Room 1, Wallasey Town Hall starting at 6.00pm

First a bit of background about who’s on the Pensions Committee, what it does and why. There are ten councillors from Wirral Council (6 Labour, 3 Conservative, 1 Lib Dem). Two of these couldn’t make it so sent deputies. Cllr Eddie Boult (Conservative) was deputising for Cllr Mike Hornby (Conservative) and Cllr Dave Mitchell (Lib Dem) was deputising for Cllr Chris Carubia (Lib Dem spokesperson).

The others from Wirral present were Cllr Paul Doughty (Chair, Labour), Cllr Harry Smith (Labour), Cllr Treena Johnson (Labour), Cllr Cherry Povall (Conservative), Cllr Geoffrey Watt (Conservative spokesperson), Cllr Ann McLachlan (Labour), Cllr George Davies (Labour) and Cllr Adrian Jones (Labour).

In addition to the Wirral Council councillors there are councillors representing the other councils on Merseyside. There was Councillor John Fulham (Labour) from St. Helens Council and Councillor Norman Keats (Labour) from Knowsley Council.

There are also other representatives on the Pension Committee, such as the representative for retired members, trade unions et cetera.

The Pensions Committee governs the running of the £multi-billion Merseyside Pension Fund (which is administered by Wirral Council).

The meeting started and a number of councillors declared interests.

1. Declarations of Interest
Cllr Norman Keats (Knowsley) declared a pecuniary interest as a member of the Merseyside Pension Fund.
Cllr Paul Doughty (Wirral Council) declared an interest as his wife is a member of the Merseyside Pension Fund.
Cllr George Davies (Wirral Council) declared an interest as his wife is a member of the Merseyside Pension Fund.
Others on the Pension Committee declared interests as members of the Merseyside Pension Fund.

2. Minutes

The minutes of the meeting held on the 15th September 2014 were agreed.

The Chair brought people’s attention to item 37 (Annual Employers Conference) that was being held on Thursday 27th November 2014 at Aintree Racecourse.

An officer explained that he, Peter Wallach and Yvonne Caddock would be speaking at the conference. However there would also be external speakers from industry. Lunch would be provided and he encouraged attendance. The Chair said that he was looking forward to it. No one had any questions.

3. LGPS Update

Yvonne Caddock (Principal Pension Officer) spoke to her report.

Cllr Harry Smith asked her a question about the reference in the report to the Working Party. Yvonne Caddock apologised and explained that the reference was to the Shadow Board creating a Working Party.

Cllr Ann McLachlan asked if a response was made to the consultation. Yvonne Caddock said that it hadn’t been their intention to respond because they had responded in June and the revised provisions had reflected the comments they had made in June.

She continued that part of the consultation was on cost management which had been discussed at a CIPFA conference last week and that Bob Holloway had said that there were only five people in the country that understand the cost management process so they were best placed to leave that to the actuarial firms to comment on that.

Cllr Geoffrey Watt (Conservative spokesperson) asked about 2.5 in the report for Yvonne Caddock to explain the change over who can sit on the Local Pension Board.

Yvonne Caddock explained that the published draft regulations had removed the previous requirement about majorities on the Board. It was in her view now permissible for councillors to be on the Pension Board and in her report it stated that they could as long as the councillor was not also a member of the Pension Committee or had responsibility for the discharge of any LGPS function.

It was agreed that the contents of the report were noted.

4. Creation of New Pension Board

Yvonne Caddock introduced her report on the new requirement for a Pension Board.

Cllr Dave Mitchell asked if a councillors on a “select committee” could be part of the decision making?

Yvonne Caddock answered that members of the Pension Committee were not allowed to be members of the Pension Board due to the conflict of interest. She also gave more detail as to the type and number of those who would be on the Pension Board and how they would try to balance it across the different types of employers in the Merseyside Pension Fund.

Cllr Dave Mitchell thanked Yvonne Caddock for her answer and moved the recommendations at 14.0 which were:

To note the contents of the report and in particular the requirements for the Council to establish a Pension Board by 1 April 2015.

That Members authorise fund officers to work with the Administering Authority to develop arrangements for the establishment of a Pensions Board which ensure the requirements in the guidance issued by the Secretary of State are fulfilled. Details of those arrangements will be reported to a future meeting of this Committee.

The recommendations were agreed and the meeting proceeded to item 4 (Creation of New Pension Board).

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