A farce at Wirral Council’s public question time (Act 2, Scene 1) Is Wirral Council “open and transparent”?

A farce at Wirral Council’s public question time (Act 2, Scene 1) Is Wirral Council “open and transparent”?

A farce at Wirral Council’s public question time (Act 2, Scene 1) Is Wirral Council “open and transparent”?

                                                                

A question on councillors expenses to Cllr Adrian Jones Wirral Council 14th December 2015
A question on councillors expenses to Cllr Adrian Jones Wirral Council 14th December 2015

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Wirral Council’s Public Question Time 14th December 2015

Before I write about the question I asked of Councillor Adrian Jones at public question time, I am going to explain some of the legal background, what’s happened so far and why there are echoes of the extreme lengths that the former Speaker of the House of Commons Michael Martin went to over MPs’ expenses.

There are a number of different laws (and a bit of history) here that apply to this, so I am going to start by explaining my understanding of them and explain why Cllr Adrian Jones has unfortunately fallen into the trap of believing things officers tell him and also getting bamboozled by some of the legal jargon. Here is a link to a transcript of a previous answer he gave.

I’m a local government elector here on the Wirral (basically that means I get to vote in elections to Wirral Council).

Each year, during the audit there is a period of about three weeks when local government electors have a legal right to inspect and receive free copies of accounts to be audited and copies of all books, deeds, contracts, bills, vouchers and receipts relating to them.

Wirral Council can remove any details of employees, but has to seek the external auditor’s permission (in this case Grant Thornton) to remove anything else.

This is detailed in this piece of legislation Audit Commission Act 1998, s.15.

Once the inspection period ends, there is then a period when questions can be asked of the auditor followed by a period when formal objections can be raised or requests for a public interest report.

In case Wirral Council thinks I’m picking on it, this year I made requests to Merseytravel (part of the Liverpool City Region Combined Authority), Merseyside Waste Disposal Authority (also called Merseyside Recycling and Waste Authority), Merseyside Fire and Rescue Authority and Liverpool City Council.

Each of those other bodies managed to respond and provide the information for inspection more or less within the inspection period.

Two of these authorities (Merseyside Fire and Rescue Authority and Merseyside Waste Disposal Authority) provided some of what I requested in electronic format.

For example this one contract that MFRA (Merseyside Fire and Rescue Authority) has that comes to over 11,000 A4 pages I could’ve requested in paper format, but didn’t as I was quite happy to receive it on one DVD as opposed to three large boxes of paperwork. The £1.2 billion contract that Merseyside Waste Disposal Authority provided is over 800 pages long.

Wirral Council however decided that providing me with what I’d estimate at 10% of what I asked for was reasonable. It’s not!

These other public bodies I refer to are much smaller (in terms of staff and budget) than Wirral Council, yet by being flexible saved to give the example as outlined above the internal costs of copying a contract of over 11,000 pages in length. Had I requested such a contract from Wirral Council I would still be waiting as they would insist on supplying it in paper format!

So getting back to what I did request. I requested the 44 page contract that Wirral Council has for providing taxi services to councillors, the Highway Services Contract with BAM Nuttall (you can read the first 83 pages here) Wirral Council spend roughly £5 to £6 million a year on this and the contract variations to the Biffa contract (I’m still waiting for the latter).

In addition to this I requested various invoices and to inspect the councillors’ expenses (I haven’t seen any of the latter and received about one in ten of the former).

To give an example of some of the invoices I requested, it answered the details of Wirral Council spending ~£7.2 million on agency staff/consultants as opposed to hiring to these positions. It showed that in one case Wirral Council made a senior member of staff redundant, then hired agency staff (at a vastly increased cost) to do their job. You can view some of the invoices relating to that here.

There are other categories of public expenditure that I requested from Wirral Council that are in the public’s interest to know about too.

Indeed, Wirral Council’s Cabinet itself has referred to this blog in its decision making. The accompanying report to the decision refers to the lease for the New Brighton Marine Point development at 2.5 which was published on this blog.

By reversing this decision Wirral Council saved ’thousands in the costs of perhaps adding an extra hour to the next Highways and Traffic Representation Panel public meeting, the cost of it then going on the agenda of the next Regeneration and Environment Policy and Performance Committee public meeting and the cost of a Cabinet Member finally making a decision (along with the associated costs of officers trying to persuade objectors to drop their objections).

I might point out that as I put this information in the public domain had Cabinet reversed their decision at an earlier stage the costs of consultation on the proposed traffic regulation order (an expensive public notice in the local newspaper etc) would have been saved too.

However going back to councillors’ expenses. As I have not seen any councillors’ expenses for 2014/15, my question to Cllr Adrian Jones must be classed as a request to exercise this legal right (The Local Authorities (Members’ Allowances) (England) Regulations 2003, regulation 15 to inspect such documents.

I do not like having to ask twice! Cllr Adrian Jones as far as I remember in his answer stated that these amounts were included in the annually published list both in answer to my question this week and earlier this year.

I would suspect that councillors’ use of taxis would be broadly comparable from year to year. So let’s test Cllr Adrian Jones’ assertion.

In response to this FOI request the taxi bill in 13/14 was ~£3k and Cllr Adrian Jones confirmed in answer to my question that for the 14/15 financial year the total cost was roughly the same.

Here are three councillors that got taxis in 13/14 and the costs:

Cllr Moira McLaughlin £755.30
Cllr Pat Hackett £700
Cllr Steve Niblock £493.90

Had anyone of those stopped getting taxis at Wirral Council’s expense the total amount for 14/15 would’ve dropped dramatically.

Yet here are the relevant amounts from the 2014/15 published list:

Cllr Moira McLaughlin £NIL
Cllr Pat Hackett £NIL
Cllr Steve Niblock £NIL

If these three councillors had all decided to give up getting taxis and the £NIL amounts were correct (the latter point Cllr Adrian Jones states in answer to my question) then the total amount would drop by ~£2k (the combined total of all three). However it hasn’t!

You can see the full exchange between myself and Cllr Adrian Jones below.

Cllr Ron Abbey (who is a member of Wirral Council’s Audit and Risk Management Committee) makes the point before Cllr Adrian Jones that it is implied that this is unlawful and isn’t that terrible to imply such a thing?

If Wirral Council is as strongly suspected from what is outlined above publishing incorrect figures, then it is breaching breach of The Local Authorities (Members’ Allowances) (England) Regulations 2003, Regulation 15(3).

Clearly as clearly outlined above, had Wirral Council not flouted a number of its other legal responsibilities I would be able to answer that question and Wirral Council’s cultural attitudes towards its legal responsibilities continue to have the effect of interfering with the freedom of the press and triggering the Streisand effect.

Councillor Adrian Jones makes the point that councillors are trusted not to misuse the public purse paying for their taxis.

Below is a claim form (as I’m being seasonal) from one of Cllr Adrian Jones’ party colleagues, a Councillor Peter Brennan (a councillor at Liverpool City Council) who claimed from Merseyside Fire and Rescue Authority (and was paid for) £5.64 for car mileage expenses to and from a carol concert at St Nicholas’ Church. In the grand scheme of things you may point out that £5.64 doesn’t matter and at least he didn’t get a taxi! However it’s the cumulative cost to the public purse of these matters and the excessive secrecy at Wirral Council that is leading to suspicion as to why despite Cllr Adrian Jones’ claims about openness and transparency that at Wirral Council they are being anything but on this politically sensitive topic!

Cllr Peter Brennan car mileage claim November 2014 to February 2015 page 1 of 2 thumbnail
Cllr Peter Brennan car mileage claim November 2014 to February 2015 page 1 of 2 thumbnail

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10 more pages of MFRA councillors’ expense claims for car mileage, taxis and parking

10 more pages of MFRA councillors’ expense claims for car mileage, taxis and parking

10 more pages of MFRA councillors’ expense claims for car mileage, taxis and parking

                                                

This continues from 10 pages of MFRA councillors’ expense claims for car mileage, tolls, parking and taxis.

Below are ten A4 pages of expense claims submitted by councillors on Merseyside Fire and Rescue Authority for the 2014/15 financial year. It’s pages ten to twenty of eighty-nine pages and each thumbnail below should link to a more high-definition (and therefore readable) image for each page.

The councillors these pages are for are Cllr Leslie T Byrom, Cllr Steve Niblock, Cllr Ted Grannell, Cllr Peter Brennan, Cllr Ray Halpin, Cllr Roy Gladden and Cllr Sharon Sullivan.

HQ stand for headquarters, Perf & Scrut means Performance and Scrutiny Committee, Comm Safety and Prot means Community Safety and Protection Committee and TDA refers to Training and Development Academy.

Interestingly the claim by Cllr Sharon Sullivan isn’t signed by her, but someone else on her behalf.

Cllr Ted Grannell taxi expenses December 2014 January 2015 thumbnail
Cllr Ted Grannell taxi expenses December 2014 January 2015 thumbnail
Cllr Steve Niblock taxi expenses July 2014 October 2014 December 2014 thumbnail
Cllr Steve Niblock taxi expenses July 2014 October 2014 December 2014 thumbnail
Cllr Steve Niblock taxi expenses December 2014 January 2015 thumbnail
Cllr Steve Niblock taxi expenses December 2014 January 2015 thumbnail
Cllr Leslie Byrom car mileage claim parking taxi October 2014 thumbnail
Cllr Leslie Byrom car mileage claim parking taxi October 2014 thumbnail
Cllr Peter Brennan car mileage claim November 2014 to February 2015 page 1 of 2 thumbnail
Cllr Peter Brennan car mileage claim November 2014 to February 2015 page 1 of 2 thumbnail
Cllr Peter Brennan car mileage claim page 2 of 2 thumbnail
Cllr Peter Brennan car mileage claim page 2 of 2 thumbnail
Cllr Ray Halpin car mileage expenses November 2014 thumbnail
Cllr Ray Halpin car mileage expenses November 2014 thumbnail
Cllr Roy Gladden car mileage expenses parking September October 2014 thumbnail
Cllr Roy Gladden car mileage expenses parking September October 2014 thumbnail
Councillor Steve Niblock expenses claim taxi journeys January February 2015 thumbnail
Councillor Steve Niblock expenses claim taxi journeys January February 2015 thumbnail
Councillor Sharon Sullivan taxi expense February 2015 thumbnail
Councillor Sharon Sullivan taxi expense February 2015 thumbnail

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Bureaucrats ask councillors to agree filming/photo/audio recording ban at public meetings of Merseyside Fire and Rescue Authority

Bureaucrats ask councillors to agree filming/photo/audio recording ban at public meetings of Merseyside Fire and Rescue Authority

Bureaucrats ask councillors to agree filming/photo/audio recording ban at public meetings of Merseyside Fire and Rescue Authority

Merseyside Fire and Rescue crew in James Street, Liverpool 2nd September 2014
Merseyside Fire and Rescue Service crew in James Street, Liverpool 2nd September 2014

Above is the sort of photo for Merseyside fire stories that I’ll have to use if politicians agree to ban filming at future public meetings of the Merseyside Fire and Rescue Authority

Ed – updated at 12:46 8/12/14 to include link to petition and slight rewording of text.

In case it isn’t obvious, I will declare an interest as author in this article as a person who films public meetings of the Mersey Fire and Rescue Authority and reports on them as part of my job.

Merseyside Fire and Rescue Authority have come up with a draft MFRA Meeting Reporting Protocol and Procedure for politicians to sign off on at some future public meeting (which is presumably the Policy and Resources Committee meeting next week (however as the agenda has since been published and it’s not on it is must be a different meeting)).

What’s interesting is how draconian it is and how whoever wrote it seems to unaware of a some of the existing laws surrounding public meetings.

Currently the link to it on MFRA’s website is broken. Technically it is only in draft form until agreed by politicians. However the trade unions will probably have a few choice words to say to me about it when I discuss this with them!

It’s split into two sections Procedure for attendance and recording of meetings of Merseyside Fire and Rescue Authority"PROTOCOL ON REPORTING AT MEETINGS" and "Procedure for attendance and recording of meetings of Merseyside Fire and Rescue Authority".

Some of it is just common sense that I agree with such as trying to start public meetings on time. Some public authorities of course are known for starting their meetings before the scheduled start time or up to an hour after the scheduled start time.

Personally I was always taught that punctuality is just good manners but the public sector sometimes forgets to put its clocks back/forward or has watches that are a few minutes slow or fast. Councillors also seem to have great difficulty in getting to meetings on time. In fact I have known in the past some councillors arrive to meetings so late that the meeting has actually finished before they arrive.

However moving on from the perennial, "Wouldn’t it be nice if meetings actually started on time question?" to more serious points.

Here’s a quote from the draft document linked above:

"Temporary Building Works

Due to current building works which are ongoing until Spring 2015, The Authority are temporarily short of meeting and available waiting space. Please bear with us in accommodating you during this period.”

Now you’d think if that was the case the Merseyside Fire and Rescue Authority could have its meetings somewhere else in Merseyside. For example a room in one of Merseyside’s fire stations (they still have plenty of these don’t they?). Or is this just too much to ask?

"There will be a designated area in the meeting room for you to observe the meeting and to allow you to film, photograph and/or audio-record it. Wherever possible you will have access to a seat (although this may depend on how much space is available)."

Nice to know seats are optional. I don’t mind standing and filming meetings, but I’m sure others in the press expect an organisation to provide seats (especially to the disabled). Maybe this is the parlous state of the public sector in Merseyside though, they can’t even afford a few chairs any more.

"The Chair of the meeting will be informed if the reporting includes filming, photographing and/or audio-recording. Those attending the meeting who are not Members or officers will be made aware that they have the right to object to being filmed, photographed and/or audio-recorded by you."

Oh people can object all they like. I’ve heard objections before. Here’s one of the current councillor representatives from Wirral Council on the Merseyside Fire and Rescue Authority Cllr Steve Niblock objecting to me filming a meeting back in June 2014.

I don’t mind people objecting, they can object all they like. Just makes meetings a little longer!

"You must not start filming, photographing and/or audio-recording until the Chair opens the meeting."

Usually I don’t anyway. Trouble happens is when does the meeting actually start (which can be before or after the time on the agenda)? Do I just start recording at the time on the agenda when the meeting could actually not start for a further ten minutes? What does “opens the meeting” actually mean? How do I even recognise a Chair?

Does the Chair saying, "We’re waiting for X, Y and Z to turn up so we’re going to wait another 5 minutes” count as the public meeting starting or not?"

Then it gets to the interesting bit:

"The Chair will announce at the beginning of the meeting that the meeting is being filmed, photographed and/or audio-recorded. He or she will then ask attendees whether they agree to be filmed, photographed and/or audio-recorded to allow them to register a personal objection. If anyone has a personal objection then the Chair can temporarily suspend filming, photographing and/or audio-recording to allow attendees to have their say.
Note: this does not apply to Members and officers."

Oh boy. This is going to be fun isn’t it!

You’re going to get councillors and officers object, then be told they can’t make an objection.

There could be between one and a dozen members of the public present. That could be half a dozen "personal objections". During the meeting itself the Chair has no say over suspending filming.

In order to suspend filming, the Chair would have to actually suspend the meeting or exclude the press and public (and if they did the latter how would the objections be heard)?

It goes on:

"If the Chair considers that the filming, photographing and/or audio-recording is disrupting the meeting he/she can instruct you to stop doing so. Therefore, it is worth noting that your equipment should not be noisy or otherwise distracting (e.g. flash and spotlights can be problematic)."

Ahh so this makes Chairs of Merseyside Fire and Rescue Authority meetings editors right? I’m just glad that my equipment films silently, I don’t carry spotlights with me and I don’t tend to use flash. This makes it even more unclear, earlier on it states the Chair can "temporarily suspend filming, photographing and/or audio-recording" now it states "he/she can instruct you to stop doing so."

There’s a big difference between being instructed to stop filming, photographing and/or audio-recording and temporarily suspending filming.

I’ve seen these "temporarily suspending filming" issues before. By temporary they can mean about two years.

If you refuse to stop filming, photographing and/or audio-recording when requested to do so, the Chair may ask you to leave the meeting.

That’s fascinating, what if I refuse to stop filming and just leave the room? Unless I stop it the equipment carries on recording in my absence…

I could leave the room, then come back. The equipment would still be recording.

"If you refuse to do so then the Chair may adjourn the meeting or make other appropriate arrangements for the meeting to continue without disruption. There are provisions in the Authority’s Constitution that allow this.

When the meeting is officially closed by the Chair you must stop filming, photographing and/or audio-recording."

In other words, we’re back to the old fallback position of Schrödinger’s cat. Public meetings can be filmed (in fact there’s a legal right to do so), but if someone tries to film one and someone objects they will no longer be classed as public meetings. They will be adjourned or some or all of the public will be excluded from the meeting. Or alternatively the Merseyside Fire and Rescue Authority would ask the Merseyside Fire and Rescue Service to call the Merseyside Police who would then presumably turn up to the meeting. If that happens, we’re probably heading for #daftarrest territory…

So to summarise:

Merseyside Fire and Rescue Authority thinks it can stop filming because despite knowing it was coming in February 2014, the new regulations on filming have taken them by surprise because they didn’t expect anyone would exercise their right to film some of their public meetings.

In total in this calendar year there are 29 public meetings scheduled of Mersey Fire and Rescue Authority.

As the new regulations came into effect on August 6th, only 11 of those can be filmed.

So far 7 public meetings of the Mersey Fire and Rescue Authority have happened since August 6th (plus a number of consultation meetings).

I’ve filmed one of the public consultation meetings and 3 out of 7 of the public meetings (four public meetings in total).

It would have made more sense for Merseyside Fire and Rescue Authority (who knew 9 months ago the regulations were coming into effect) to make the necessary changes to their constitution (as advised to by the government). Now we’re basically in the Liverpool City Council position.

The Merseyside Fire and Rescue Authority met on October 2nd 2014, but changing their constitution wasn’t even on the agenda.

The law has changed, but bureaucrats still cling to an unchanged bit of a constitution and state this gives politicians the right to stop filming of public meetings. Everyone is still clinging to the past and not moving on. It doesn’t work like that now, whether at the Merseyside Fire and Rescue Authority, Wirral Council, Liverpool City Council, the Liverpool City Region Combined Authority, Merseytravel or the Merseyside Police and Crime Panel. The last thing anyone should do is try to put politicians in charge of the press. That’s the way of a totalitarian regime.

If that ever happens they’ll censor anything “politically sensitive” from being published or ending up in the public domain. Say for instance like, trying to close fire stations. All they’d need to do is invite one member of the public along to make an objection and that would be it, no filming at the public meeting (or else).

There are a bunch of human rights issues this raises to such as:

a) whether searches by a public body of equipment the press have to do their job before they enter a public meeting is indeed lawful as the press/public have a legal right to be there.

Even the Merseyside Police aren’t allowed to start erasing journalistic material we’ve recorded, so why should Merseyside Fire and Rescue Authority be given access to our equipment either before, during or after a public meeting?

b) whether indeed the proposed policy/procedure is actually lawful on Human Rights Act 1998 (freedom of speech grounds)

c) as public bodies have to have some kind of legal power to do stuff like this, as the laws on preventing filming at public meetings of Merseyside Fire and Rescue Authority have been repealed exactly what legislation they think they can stop filming under and how they can justify it’s adherence to the Human Rights Act 1998 specifically s.6(1) in relation to Article 10 in Schedule 1 which states:

"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."

So I shall request to speak at the public meeting next week, I may even have organised a petition, but until the agenda is published I can only tell you when and where it meets and which councillors are on it:

Thursday 27th November 1.00pm
Merseyside Fire and Rescue Authority Policy and Resources Committee
Temporary Meeting Room, Merseyside Fire and Rescue Headquarters, Bridle Road, Bootle

Cllr Leslie T Byrom CBE (Chair, Sefton Council) 01704 574859/ 0783 662 1059
Cllr Peter Brennan (Liverpool City Council) 0151 225 2366
Cllr Roy Gladden (Liverpool City Council) 0151 226 6708
Cllr Ted Grannell (Knowsley Council) 0151 546 2633
Cllr Denise Roberts (Wirral Council) 0151 652 3309
Cllr Jean Stapleton (Wirral Council) 0151 201 5057
Cllr Sharon Sullivan (Liverpool City Council) 0151 225 2366
Cllr Lesley Rennie (Wirral Council) 0151 644 8137/ 0779 545 0497

You can click on each councillors’ name above if you wish to email them with your views on this proposed policy. If you don’t have email their phone numbers and addresses are also included. After all these 8 councillors are supposed to be there to represent your views in the decision making process! Alternatively please leave a comment to let me know what you think.

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