9 councillors vote to make Wirral Council leisure centre concession scheme for Armed Forces less generous despite objections

9 councillors vote to make Wirral Council leisure centre concession scheme for Armed Forces less generous despite objections

9 councillors vote to make Wirral Council leisure centre concession scheme for Armed Forces less generous despite objections

                                                                                                                           

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I will start by declaring an interest in this story as I have a friend who is now a Lance Corporal in the Armed Forces and was recently mentioned in this Telegraph article.

Last month (23rd September) there was a review (by the Coordinating Committee) of a Wirral Council Cabinet decision made on the 7th July 2014 to change the concessions provided at Wirral’s leisure centres to former Armed Forces personnel.

The decision had originally been scheduled to be decided by the Coordinating Committee on 7th August 2014, however the meeting on the 7th August 2014 was adjourned because on 7th August 2014 key Wirral Council officers involved in the decision were on holiday and couldn’t be present to answer questions. So the meeting of the 7th August 2014 was adjourned to the 23rd September 2014.

There was then an interesting meeting on the 23rd September 2014 (which was in part a repeat of the adjourned meeting on the 7th August 2014). Councillors discussed the impact of the proposed changes to the policy and witnesses were heard from and questioned.

The motions at the end of that meeting were:

1) “That Cabinet minute 37 – 7 July 2014 (Transformation of Leisure Services Sports and Leisure Facilities Pricing Structure) be upheld” (proposed by Cllr Moira McLaughlin and seconded by Cllr Paul Doughty)

and the proposed amendment (proposed by Cllr Chris Blakeley and seconded by Cllr Mike Hornby) was

2) “That this Committee, having heard evidence this evening, stands unconvinced that any potential saving (the achievement of which remains dubious) made by implementing the decision at paragraph 3 of the Cabinet report, outweighs the harm this decision will do to Wirral’s reputation as an Authority which takes seriously its duties under the Military Covenant and as an Authority that does all it can to actively uphold and advance the Covenant.

Therefore, this Committee urges the Cabinet to reconsider its decision and restore the free Leisure Passes to all the veterans of Her Majesty’s Armed Forces.”

The vote on the amendment was 6 votes for (5 Conservative, 1 Lib Dem) and 9 votes against (9 Labour councillors).

The amendment was therefore lost.

The vote on the original motion was 9 votes for (9 Labour) and 6 votes against (5 Conservative, 1 Lib Dem).

The original motion/recommendation was therefore carried.

At the start of the meeting both Cllr Mike Hornby and Cllr Walter Smith declared interests as former members of the Armed Forces.

The Cabinet Member (not part of the committee but a witness) Cllr Chris Meaden declared an interest as her daughter is a former member of the Armed Forces.

Cllr Paul Doughty (the Vice-Chair) declared an interest as his late father had been in the Armed Forces.

There is then an “anomaly” (as Surjit Tour would put it) identified at this point.

Cllr Chris Meaden (the Cabinet Member) declared an interest as her daughter is a former member of the Armed Forces at the Coordinating Committee on the 23rd September 2014 which reviewed the earlier decision of Cabinet (of which she was one of the Cabinet Members present) on the 7th July 2014.

However the agreed minutes of that Cabinet meeting show that she was present and spoke on this agenda item and contain no record of her declaring an interest at that meeting either during the agenda item itself or earlier.

Certainly the video (below) of that Cabinet meeting in July shows Cllr Chris Meaden both present and speaking on that item which fell under her portfolio.

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The video footage of declarations of interest was earlier in that meeting (see below)

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However in Cllr Chris Meaden’s defence, this item did come near the end of a long Cabinet meeting held in the evening. Politicians do get tired and overlook things. She [Cllr Chris Meaden] referred to a conversation with Surjit Tour (who is Monitoring Officer) at the Coordinating Committee meeting in September. By the way she was talking then she seems to realise it was an oversight on her part and was trying to make amends by declaring the interest instead at the Coordinating Committee meeting in September, when it should have happened at the Cabinet meeting on the 7th July.

Declaring interests is one of the few bits left of the Councillor’s Code of Conduct on which separate legal provisions apply. It’s also a personal legal responsibility of politicians, so they can’t pass the buck to someone else or blame them. The guidance from the DCLG titled Openness and transparency on personal interests A guide for councillors issued in September 2013 states in reference to councillors starting at the bottom of page 4:

“One of these is the principle of integrity – that ‘Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships.’”

By my reading of the rules, this interest would be classed as a “personal interest” not a “prejudicial interest”. Therefore even had she declared this on the 7th July 2014, she would still have been able to take part and vote in that agenda item. Had it been an undeclared pecuniary/prejudicial interest it would be a much more serious matter.

This is what the existing Code of Conduct states on such matters.

Personal Interests

4.2 You have a personal interest in any business of the Council where it relates to or is likely to affect:-
(i) any body of which you are a Member or in a position of general control or management and to which you are appointed or nominated by the Council;
(ii) any body:-
(a) exercising functions of a public nature;
(b) directed to charitable purposes; or
(c) one of whose principal purposes includes the influence of public opinion or policy (including any political party), of which you are a member or in a position of general control or management.

4.3 You also have a personal interest in any business of the Council:-
(i) where a decision in relation to that business might reasonably be regarded as affecting your well-being or financial position or the well-being or financial position of a relevant person to a greater extent than the
majority of other council taxpayers, ratepayers or inhabitants of the electoral division or ward, as the case may be, affected by the decision, or,
(ii) it relates to or is likely to affect any of the interests you have registered as a disclosable pecuniary interest.

Sensitive Interests
4.4 Where you consider that disclosure of the details of an interest could lead to you, or a person connected with you, being subject to violence or intimidation, and the Monitoring Officer agrees, if the interest is entered on the Register, copies of the Register which are made available for inspection and any published version of the
Register will exclude details of the interest, but may state that you have an interest, the details of which are withheld.

Disclosure and participation
4. At a meeting where such issues arise, DO declare any personal and/or professional interests relating to your public duties and DO take steps to resolve any conflicts arising in a way that protects the public interest.

5. Certain types of decisions, including those relating to a permission, licence, consent or registration for yourself, your friends, your family members, your employer or your business interests, are so closely tied to your personal and/or professional life that your ability to make a decision in an impartial manner in your role as a member may be called into question and in turn raise issues about the validity of the decision of the authority. DO NOT become involved in these decisions any more than a member of the public in the same personal and/or professional position as yourself is able to be and DO NOT vote in relation to such matters.

Just in case someone thinks I’m singling Cllr Chris Meaden out for criticism. At a recent meeting last week Cllr Leah Fraser was present at a meeting of the Wallasey Constituency Committee Working Group when a decision (following a recommendation from the Merseyside Police) over whether to spend money on Ian Fraser Walk in New Brighton was made. As far as I can as I was present throughout the whole of the meeting, I don’t remember her declaring an interest in that agenda item (although I may not have heard her if she did).

Ian Fraser Walk is in fact named after her late father-in-law but she didn’t declare an interest. However whether Cllr Leah Fraser should have to declare a personal interest in whether money is spent on a stretch of promenade named after her late father in law is another matter.

If I wend through all the times councillors had failed to declare personal interests, it would be a very long list! Some are like the last example somewhat subjective. It’s more when councillors actually fail to declare prejudicial interests and then speak and vote on agenda items, which are the kind of major abuses that should be tackled and not happen in the first place.

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Planning Committee – 25/1/2011

Planning Committee started with a different makeup of councillors to usual. A number of deputies were standing in for those who are usually on the Committee.

Councillors present were:-
Lib Dem

Chair (Cllr Dave Mitchell)
Cllr Alan Brighouse (Deputy for Cllr Kelly)
Cllr Ann Bridson (Deputy for Cllr Gilchrist)
Cllr Bob Wilkins (Deputy for Cllr Johnston)

Conservative
Cllr David Elderton
Cllr James Keeley
Cllr Paul Hayes
Cllr Eddie Boult
Cllr Peter Johnson

Labour
Cllr John Salter
Cllr Denise Realey
Cllr Brian Kenny

The Chair welcomed those present to the meeting and especially Cllr Boult who he was pleased was now in good health. The minutes of the previous meeting were agreed. Cllr Peter Johnston declared a prejudicial interest in item 5 as his wife is the owner of land that butts onto that under consideration. He pointed out that it was against his will that he was declaring a prejudicial interest, but that he had been advised to do so. Cllr Mitchell declared an interest as a member of Merseytravel.

Cllr Kenny requested a site visit for item 6 which was APP/10/01104 – 57 Argyle Street South, Tranmere – Change of use to two self contained ground floor apartments with single storey extension and rear staircase. Cllr Mitchell requested a site visit for item 10 – 7 Halton Crescent , Greasby – Demolition of existing single storey extension and erection of a two storey, part single storey, rear extension (Amended plan). Both site visits were agreed.

Planning Committee – 25th January 2011 – Part 2 – Item 4 – APP/10/01315 – 2 Target Road, Heswall – Demolition of existing dwelling and attached garage. Construction of replacement dwelling and detached garage

The committee then proceeded to consider item 4 – APP/10/01315 -2 Target Road, Heswall – Demolition of existing dwelling and attached garage. Construction of replacement dwelling and detached garage.

There was a qualifying petition. The petitioner Paul Foley of 1 Target Road, Heswall (which is adjacent to no 2) addressed the Committee. He told the committee about his concerns over privacy in the front and rear gardens as the new building would be two stories. He had bought his property for privacy. He would also lose sunlight and felt it was inconsistent with previous applications where 2 storey dwellings had been refused. He also cited other similar planning applications refused and felt it was not uniform. Approving this application would lead to a greater density of development and didn’t match.

Trevor Earp, the agent then addressed the committee about the concerns raised by the petitioner. He referred to the officer’s report and stated there were other 2 storey buildings in the area. In the Design and Access statement a number of these were referred to. One had living accommodation on the 1st floor. There had been a 2007 application for a replacement dwelling in Broad Lane which the replacement had had with a 8m ridge height. He said officers had commented on the simple attractive design in keeping with the scale and design of the area. Regarding overlooking the front overlooks the road and although the rear overlooks the rear garden this falls within guidelines. He asked the committee to see the merits which the officers have.

Cllr Elderton said it would be helpful to see the existing elevation and proposed elevation. A photo was handed round which agitated the agent so much he interrupted the meeting by heckling.

Cllr Elderton was told there was a difference in metre in the ridge height. Cllr Realey pointed out the increased should be 15%. Cllr Kenny referred to the claim of the petitioner that similar applications were refused. An officer answered that they were not aware of refusals in the immediate area.

Cllr Mitchell asked the officers to point out the elevations. Cllr Elderton asked them to relate the difference in ridge height to the impact.

Cllr Mitchell asked for any further comments or questions. There were none. Cllr Mitchell proposed approval, seconded by Cllr Kenny. 11 councillors voted for. Cllr Peter Johnson voted against.