Why are Merseyrail staff striking on the 8th April?
Why are Merseyrail staff striking on the 8th April?
Cllr Steve Foulkes (middle) answers a question about the Merseyrail strike (L to R Cllr Chris Meaden, Cllr Steve Foulkes, Cllr Moira McLaughlin and Cllr Ann McLachlan) Birkenhead Constituency Committee 30th March 2017
The end of the Birkenhead Constituency Committee had the air of an Agatha Christie’s Poirot, as I asked a question about Merseytravel, Merseyrail and the upcoming strike.
Indeed in Cllr Foulkes’ answer he mentioned the death of Georgia Varley as one of the reasons behind the new trains which will only need a driver.
Although there is a strike timetable for Saturday and some timetable alterations for the two days before, as Merseyrail staff wouldn’t cross the picket lines last time, Merseyrail had to stop all trains during the last strike on the network from running at all.
My question (in two parts) is below:
Q. Wirral Council pays millions to Merseytravel each year for concessionary travel passes for free travel on the buses, trains and ferries.
One of the train stations nearest to where I live Bidston is only accessible by going up a flight of stairs, over a footbridge and down another flight of stairs.
Other train stations in Birkenhead such as Birkenhead Park and Upton have stepped ramps which can also cause problems.
A link is included in this question to a legal case from 2004 in the Court of Appeal which decided that providing taxis is not a reasonable adjustment and that train stations that were not accessible for wheelchair users were therefore discriminating against disabled people.
Who therefore for the stations listed above (Birkenhead Park, Upton and Bidston) is the body that should make these stations more accessible (for example Merseytravel, Merseyrail, Network Rail, Arriva Trains Wales)?
Would you also like to comment on the reasons that have led Merseyrail to go on strike recently, with a further planned strike on 8th April (timed to coincide with the Grand National)?
Thank you.
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Both Cllr George Davies and Cllr Steve Foulkes are Labour councillors in Claughton ward where there is a contested byelection due to the death of Cllr Denise Roberts. There is also an election for Metro Mayor across Merseyside who will be directly accountable to the people for these sorts of decisions as ultimately the decision to purchase new trains was made by the Liverpool City Region Combined Authority.
If people would like to comment on the candidates’ policy positions on this (or other matters) in either election, please feel free to leave a comment.
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However first a recap of the story so far (Wirral councillors and officers can breathe a sigh of relief as this story is about Cheshire West and Chester Council).
Cheshire West and Chester Council spent hundreds of thousands of pounds with a company to put barriers up at its car parks (albeit it this was a decision made by a previous administration). Councillors were at the time assured by officers that the issue of Blue Badge holders/disabled drivers would be thought through. The operation of these car parks however wasn’t outsourced and remains controlled by Cheshire West and Chester Council.
As far as I can tell from the 30th November 2015 last year barriers were introduced at a number of their car parks. Cheshire West and Chester insisted that Blue Badge users (but only those issued by Cheshire West and Chester) could apply for a special microchip to go in and out of the car parks controlled by a barrier. However even Cheshire West and Chester residents with a Blue Badge have to wait a month for a microchip.
Just before Christmas my wife (who is a Blue Badge user) visited one of these car parks to get that traditional Cheshire welcome of (and I paraphrase), "this is a local car park for local blue badge users, now go away".
Yesterday I received a reply back from the Labour Leader of Cheshire West and Chester Cllr Samantha Dixon. I’m sure the Labour Party is aware what I do for a living, which perhaps explains why as a non-Cheshire West and Chester resident I received a reply. The car park (one of many in Chester) in question is also in the ward that the Leader of Chester West and Chester Council represents.
It’s a matter of public interest, so in the interests of hearing both sides I am publishing her reply here (and my response). As I was writing this blog post, I received a copy of the traffic regulation order and public notice too, so those are included at the end.
Dear Mr Brace
I refer to your e-mail of 21st December to the Rt. Honourable Frank Field MP and copied to a number of Cheshire West Councillors. As your e-mail is about parking in Chester city centre, I am able to provide a response to the Blue Badge parking issues you raise.
You are correct that there is a national Blue Badge scheme, details of which are set out in the Department for Transport booklet entitled "The Blue Badge scheme: rights and responsibilities in England." Under the scheme, Blue Badge holders can park close to their destination, either as a passenger or driver, but the scheme is intended for on-street parking only (please refer to pages 6 and 17 of the booklet). Where a time restriction applies, a parking clock must also be displayed as the concession is limited to a maximum stay of three hours.
Many councils, but not all, also allow Blue Badge holders to park in their car parks for three hours free of charge, but in Cheshire West, four hours free parking is available in the Council’s pay and display car parks. In some council areas, charges apply to Blue Badge holders from the point of arrival in local authority car parks. Spaces for Blue Badge holders must be provided in all car parks whether or not charges apply.
This Council is in the process of converting a number of its car parks in Chester city centre from pay and display to ‘pay on foot’ or ‘pay on exit’ systems in order to be able to manage the car parks more efficiently and to increase the flexibility of payment methods. Where ‘pay on foot’ systems are introduced, it is normally the case that free parking for Blue Badge holders is removed altogether. The Council has, however, introduced a system for borough residents who are Blue Badge holders to apply for a microchip sticker which allows four hours free parking in most car parks affected by the changes, effectively making them permit holders for the car parks in question.
Badge holders who reside outside the borough are able to continue to park for four hours free of charge in Frodsham Street and Hamilton Place car parks, both of which are located in the heart of the city and are for the exclusive use of Blue Badge holders during the day (8am to 6pm). Of these, Frodsham Street (postcode: CH1 3JJ) is the larger car park, providing 80 spaces. I can understand that the directions from Lower Watergate Street seemed quite complicated when communicated via the intercom, but I can reassure you that access to Frodsham Street car park is straightforward. There is also plentiful on-street parking for Blue Badge holders throughout the city centre.
The Council published a notice in local newspapers detailing all the impending changes on 11th June 2015 and the information also appears on the Council‘s website. The signage in the car parks is being replaced as each site is converted and no longer refers to free Blue Badge parking. In light of your comments, we will, however, review the information on the signage to see if it can be improved.
I note your comments about the ticket barriers at Chester Station. We are advised the station is managed by Arriva Trains Wales and that if you send details of your request to the company at: customer.relations@arrivatrainswales.co.uk, they will be pleased to look into it.
I am sorry that you experienced inconvenience on your recent visit and I hope this information is helpful for the future.
Yours sincerely
Sam
Councillor Samantha Dixon Leader of the Council
Councillor for Chester City Ward (Labour) Cheshire West and Chester Council
Thank you for that comprehensive reply to my original message.
I have read your reply to my wife and she has agreed that I should send this response on her behalf. I have also made a Freedom of Information request for the traffic regulation order that relates to the Lower Watergate Street car park. As you will no doubt be aware there are regulations that apply to the traffic regulation orders that apply to this sort of off street parking and at least one of these makes explicit reference to blue badge users.
Thank you for your suggestion to contact Arriva Trains Wales about Chester train station, I already have, but am still awaiting a reply.
I also realise that the decision to go out to tender for the changes to the car park system in Chester was made by a previous administration before the Labour administration took over in May. A company then supplied the barriers/intercom system whereas the operation of this parking system is controlled by Chester West and Chester Council employees.
As you (or if not you your CWAC officers) will no doubt be aware Chester West and Chester Council employees have the ability to check the validity of any blue badge (whether issued in Chester West and Chester or not).
I fear that anything I write beyond this will become somewhat technical and may only make sense to CWAC’s Monitoring Officer/ whichever solicitor at CWAC deals with traffic matters or traffic officers at CWAC. I therefore apologise in advance if I getting technical.
Firstly you haven’t outright stated if the traffic regulation orders relating to the car park in question and the other car parks that this applies to have been changed. It is possible that the notice in the paper you refer to was part of the public consultation on such changes. If so, this hasn’t made clear.
However in order for changes to be approved traffic regulation orders still need to be lawful and comply with the regulations (even for off street parking).
You have stated that accommodation has been made for Chester West and Chester residents with a blue badge to exit and enter the car parks to which the changes have been made.
However the legislation makes no distinction between blue badge users based on the public body that issued the blue badge, so either:
a) the traffic regulation order at Lower Watergate Street still refers to blue badge users and you are preventing non-CWAC issued blue badge users from parking there (when CWAC has the ability to check all blue badges) and/or
b) you are discriminating against some disabled drivers (who do not have a CWAC issued blue badge) whilst allowing CWAC issued blue badge users to park there
You refer to other nearby car parks that Blue Badge users (where the Blue Badge is not issued by CWAC) can use. I presume you regard this as a "reasonable adjustment".
However the issue is the provision of a service by Chester West and Chester Council at the Lower Watergate Street car park.
Essentially the provision of car parking at other nearby car parks is not entirely relevant (although I realise a number of other car parks have been switched to the same barrier system).
I realise you point out that Blue Badge users not issued by CWAC can park on single and double yellow lines elsewhere in Chester. However I’m sure you and I both know how gridlocked traffic can be in Chester city centre (especially on race days). From a traffic management perspective are you seriously suggesting that blue badge users (not issued by CWAC) should park in such a way that will effectively bring traffic to a crawl?
However the problem is that traffic in this off-street car park is covered by a traffic regulation order.
Therefore the The Local Authorities’ Traffic Orders (Exemptions for Disabled Persons) (England) Regulations 2000 applies to whichever traffic regulation order covers this car park.
Regulation 6 of those regulations states:
Exemption in favour of vehicles displaying disabled person’s badges
6.—(1) The following provisions of these Regulations have effect for requiring local authorities to include, in orders to which these Regulations apply, exemptions in favour of a vehicle displaying a disabled person’s badge.
(2) Any exemption from a provision which these Regulations require to be included in an order may be limited to vehicles of the same class as those to which the provision applies.
So therefore my point is you can’t treat blue badge users issued by CWAC differently to other blue badge users in CWAC car parks. The point about booklets and everything else is therefore irrelevant.
I am therefore copying in the Monitoring Officer at CWAC Vanessa Whiting in this response and requesting that she (as is her legal duty) follow the procedure in s.5A of the Local Government and Housing Act 1989 to both:
a) write a report which will be sent to all councillors at CWAC and
b) try and remedy this situation
As I sadly have had a lot of professional contact with various local authority monitoring officers, I hope I will be pleasantly surprised and Vanessa Whiting will remedy a situation that shouldn’t have happened in the first place and that this matter will not require further measures.
Yours sincerely,
John Brace
And in another interesting development, whilst writing this blog post, Chester West and Chester have responded to the FOI request (considered under the Environmental Information Regulations) for a copy of the traffic regulation order and have also supplied the public notice advertising the changes.
Youtube censors 4th September Wirral Council Cabinet video about Lyndale School closure consultation
Youtube censors 4th September Wirral Council Cabinet video about Lyndale School closure consultation
Councillor Tony Smith (Cabinet Member for Children and Family Services) at the Special Cabinet Meeting of 4th September 2014 (the public meeting Sony Music Entertainment won’t allow you to watch the first part of) to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith (Cabinet Member for Children and Family Services), Cllr Bernie Mooney and Lyndzay Roberts
Interest declarations: The author of this piece filmed the Cabinet meeting of 4th September 2014 referred to in this piece. The author of this piece works for an organisation that receives royalties from Youtube/Google for videos he films of Wirral Council. The author is in dispute with Sony Music Entertainment over the filming of a video shown at the Cabinet meeting of the 4th September 2014.
As if the piece about blog comments being censored wasn’t bad enough, Sony Music Entertainment have chosen to stop you viewing video of the 4th September meeting of Wirral Council over the decision to close Lyndale School (which includes contributions from parents and those associated with the school).
However it was viewed 88 times (and called in and then a minority report was written on it decided at Council a week ago), so I suppose many people who want to see it have seen it by now.
Why have Sony Music Entertainment done this? Well they claim to have a licence to the track created by Icelandic musician Jonsi “We Bought a Zoo” [2011] which was used in the video about the school shown at the meeting. I’m not disputing that this track wasn’t used as background music in the video.
However both British and American law allows for “fair use” of copyrighted materials for the purpose of news reporting and the music is only incidental. These exemptions written into both British copyright law and American copyright law. This is a point I’ve repeatedly pointed out to Sony Music Entertainment and Youtube over the past month and two weeks. A bit like dealing with Wirral Council I’ve been ignored.
There was another copyright claim made on the video (not by Sony Music Entertainment but by another organisation), but once it was explained to them the fair use claim they released their claim.
Here is the video (which you now can’t see):
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So the battle for Lyndale School takes an unusual turn as an American multinational, based on the work of an Icelandic musician Jonsi insists Youtube not show the world what happened at Wirral Council’s Cabinet on the 4th September 2014.
Don’t you just love American culture who trumpets constitutional protections to “freedom of speech” (but seemingly for fellow Americans and not for foreigners)?
Also Youtube have told me that until it’s all sorted out (which at this rate could be forever and a day) I’m not allowed to upload new clips of over 15 minutes (there aren’t many Wirral Council meetings that are shorter than this). Yes I can re edit video clips of Wirral Council down to shorter than fifteen minutes before uploading, but it’ll just take more time and hastle to do so.
I have submitted a counter notification, whether Sony Music Entertainment bother to pay any attention to it is anyone’s guess! My guess is that Sony Music Entertainment have a policy of going after everybody (fair use or not) to try and take down possibly infringing works.
This is making me seriously consider alternatives to Youtube for uploading videos of Wirral Council. I’ve been considering a podcast for a while, so will seriously consider Apple and other alternatives.
In the meantime this is another issue to do with Lyndale School that cheeses me off. Many people know that American multinationals seem to put profits ahead of people but in censoring a meeting about Lyndale School Sony are showing disrespect to children, the press, the public and the disabled community.
As long as this dispute lasts, I won’t personally be buying any music (or other media) sold through Sony Music Entertainment and suggest readers boycott them too as perhaps that is the only way Sony Music Entertainment will actually listen?
Before you leave a comment the total revenue earned on this particular video over the last two months I estimate at a grand total of 6 British pence (or if you’re Sony Music Entertainment an American dime).
Personally if I was Sony Music Entertainment I’d be wondering whether this is all worth it for what they’re going to get out of it. Perhaps they’re trying to make a political point about greed and Lyndale School, but I seriously doubt it! 🙂
I’d be interested to hear your thoughts on the above, so please leave a comment below.
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Public notice for proposed changes to parking on Birkenhead Market Service Road (deadline 26th September 2014)
Public notice for proposed changes to parking on Birkenhead Market Service Road (deadline 26th September 2014)
In an update to yesterday’s story about the proposed changes to parking behind Birkenhead Market, here is the public notice about it published in the 3rd September 2014 edition of the Wirral Globe. I’d better declare again that my wife Leonora Brace regularly parks in the Birkenhead Market Service Road with her Blue Badge and is someone that will be affected by the proposed Traffic Regulation Order.
This the public notice about the proposed traffic regulation order about the Birkenhead Market Service Road published on page 61 of the Wirral Globe on the 3rd September 2014.
The tale which explains why they’ve had to re-advertise this Traffic Regulation Order (I’m sure the Wirral Globe doesn’t mind the extra money as it’s now been advertised twice) for the second time in the Wirral Globe is covered in this story from August 8th 2014.
One does wonder why they don’t make the plans available at the nearby Birkenhead One Stop Shop in Conway Street? Perhaps Wirral Council still have somewhat of a “beware of the leopard” mentality when it comes to people actually viewing the proposals!
METROPOLITAN BOROUGH OF WIRRAL – (BIRKENHEAD CONTROLLED PARKING ZONE) – (WAITING, LOADING & PARKING PLACES) ORDER 2008 – AMENDMENT NO 1, 2014
Notice is hereby given that Wirral Borough Council in exercise of its powers intends to make the above order under Sections 1, 2, 3, 4, 32, 35 and 84 of the Road Traffic Regulation Act 1984, and of all other enabling powers.
The general nature and effect of this order will be to amend the existing order Metropolitan Borough of Wirral, (Birkenhead Controlled Parking Zone) (Waiting, Loading & Parking Places) Order 2008 by prohibiting parking and loading along sections of Birkenhead Market Service Road and to allow loading and unloading for vehicles within designated bays. The effect of this order is to improve access for vehicles servicing the Market Hall and Grange Precinct.
A copy of this Notice, the proposed Order, map, the order proposed to be amended and a statement of the Council’s reasons for proposing to make the Order, may be seen during normal office hours at Cheshire Line Buildings, Canning Street, Birkenhead, Wirral, CH41 1ND and on Monday, Tuesday, Thursday and Friday 9am to 5pm and Wednesday 10am to 5pm at the One Stop Shop, Town Hall, Brighton Street, Seacombe CH44 8ED.
Any objections to the Order, together with the grounds on which they are made, must be sent in writing to the undersigned (quoting reference KO) by Friday 26 September 2014.
Unless otherwise stated, all Metropolitan Borough of Wirral Public Notices are published by Surjit Tour, Head of Legal and Member Services, Town Hall, Brighton Street, Wallasey, Merseyside CH44 8ED and all notices are dated this 3rd day of September 2014.
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Many years ago shortly after I was selected as the Lib Dems to be their candidate in the Wirral Council election, a woman living near Birkenhead Park station emailed me in response to one of our leaflets.
She was the foster carer for a teenager in a wheelchair and had great difficulty with the stepped ramp at Birkenhead Park station. This station has (as many who will use it will know) a stepped ramp going down to the platform.
She had no difficulty in as she put it “bumping him down the ramp” but found it impossible to get him back up. As a result she was travelling to Conway Park train station (which has a lift) and wheeling him back a mile through the streets over bumpy pavements (which was very tiring for her).
As a result I wrote to Merseytravel and lobbied them (and Frank Field) my MP to improve access at the train stations. Access for disabled people to stations was also an issue raised at an Area Forum in relation to stations on the Chester/Ellesmere Port route.
The current policy of Merseyrail (and Merseytravel) is to provide taxis for disabled travellers from the nearest accessible station. The Roads v Central Trains Limited [2004] EWCA Civ 1541, (2004) 104 ConLR 62 case (which being a Court of Appeal case) was about exactly this issue and is binding on any case brought by a disabled person in the County Court.
In it a disabled traveller couldn’t use a station because of a footbridge. He was put to inconvenience (compared to his non-disabled travellers) in travelling to a nearby station and getting a taxi. Doing this added an hour to his journey. Like Merseytravel the train company claimed it’d cost £750,000 to adapt the station.
Appeal judges found the claimant had been discriminated against and overturned the ruling of the lower court, awarding £1,000 in damages and special damages of £97.
However there is a problem with the law and Merseyrail (which makes ~£6,000,000 in profit a year). Both Merseyrail and Merseytravel (at least due to what they’ve said in public and correspondence) see access to stations as a National Rail issue.
After British Rail was privatised the different areas were either put out to tender (eg the rail franchises for example Merseyrail, Virgin, Arriva Train Wales etc) or a separate company was set up. National Rail is the successor to Rail Track and is responsible for the track, signalling, infrastructure, stations etc.
Although the money for improving station access goes to Merseytravel, they complain that Network Rail causes them (as they see it) increased costs due to bureaucracy.
I raised with Merseytravel the issue that all stations within Bidston & St. James ward – Bidston, Birkenhead North and Birkenhead Park as well as the nearby station of Upton all had problems with accessibility.
I am pleased to announce that as a result of my lobbying (and others) money in this financial year has been set aside for improvements to Birkenhead North station.
In total approximately £1.6 million will be spent on a Park and Ride scheme (which is why the properties were pulled down) and on making the footbridge accessible.
Once again this shows that where people come to the Liberal Democrat Action Team with their problems, we take action and improve things for local residents.
In the meantime, the paint on the footbridge is peeling (which I doubt will be done before it’s replaced) and when I have more news about when the work will begin I will give an update.
I would like to thank Cllr Dave Mitchell, the Liberal Democrat Merseytravel representative for his help on this issue. The late Tony Garrett of the Wirral Transport Users Association was a passionate advocate for public transport and wanted these improvements made to stations on the Wirral. He even toured each Area Forum asking questions.
Although it may be some time before all stations in Bidston & St. James can be used by those with mobility problems, the news on Birkenhead North train station is a welcome step in the right direction.
