Wirral Council: It’s time for some answers over Fernbank Farm and filming!

Particulars of Claim Wirral Council v Kane & Woodley Page 1 of 3

Particulars of Claim Wirral Council v Kane & Woodley Page 2 of 3

Particulars of Claim Wirral Council v Kane & Woodley Page 3 of 3

Jenmaleo
134 Boundary Road
Bidston
Wirral
CH43 7PH
9th June 2014

Surjit Tour
Monitoring Officer
Wallasey Town Hall
Brighton Street
Wallasey
Wirral
CH44 8ED

Dear Mr. Surjit Tour,

You are designated as the Monitoring Officer for Wirral Metropolitan Borough Council. Section 5(2)(a) and 5(2B) of the Local Government and Housing Act 1989 state the following about a legal duty of the Monitoring Officer:

Subject to subsection (2B), it shall be the duty of a relevant authority’s monitoring officer, if it at any time appears to him that any proposal, decision or omission by the authority, by any committee, or sub-committee of the authority, by any person holding any office or employment under the authority or by any joint committee on which the authority are represented constitutes, has given rise to or is likely to or would give rise to—

(a) a contravention by the authority, by any committee, or sub-committee of the authority, by any person holding any office or employment under the authority or by any such joint committee of any enactment or rule of law or of any code of practice made or approved by or under any enactment; or

(b) any such maladministration or injustice as is mentioned in Part III of the Local Government Act 1974 (Local Commissioners) or Part II of the Local Government (Scotland) Act 1975 (which makes corresponding provision for Scotland),to prepare a report to the authority with respect to that proposal, decision or omission.

to prepare a report to the authority with respect to that proposal, decision or omission.

(2B) Where a relevant authority are operating executive arrangements, the monitoring officer of the relevant authority shall not make a report under subsection (2) in respect of any proposal, decision or omission unless it is a proposal, decision or omission made otherwise than by or on behalf of the relevant authority’s executive.

On Friday 6th June the Chair of the Licensing Act 2003 subcommitee Councillor Steve Niblock insisted that I stop filming a public meeting of the Licensing Act 2003 subcommittee. The legal adviser to that committee insisted that he was entitled to take this action because of Regulation 25 of the Licensing Act 2003 (Hearings) Regulations 2005. This regulation is below:

“Procedure at hearing

25. The authority may require any person attending the hearing who in their opinion is behaving in a disruptive manner to leave the hearing and may—

(a) refuse to permit that person to return, or

(b) permit him to return only on such conditions as the authority may specify,

but such a person may, before the end of the hearing, submit to the authority in writing any information which they would have been entitled to give orally had they not been required to leave.”

“authority” in this context is defined in Regulation 2 as “in relation to a hearing, the relevant licensing authority which has the duty under the Act to hold the hearing which expression includes the licensing committee or licensing sub-committee discharging the function of holding the hearing;”

At no point during the meeting was I asked to leave the room by the Chair or the subcommittee as a whole. Regulation 2 which defines authority makes is clear that persons can only be required to leave if it is the opinion of the whole subcommittee that the person/s are behaving in a disruptive manner. There were two members of the subcommittee Councillor Harry Smith and Councillor John Salter who did not express a view, therefore Regulation 25 was not engaged.

The legal adviser to that committee, Ken Abraham said, “We have rights under the regulations too, which empower them to stop a hearing proceeding if there is an issue about disrupting the meeting and the Chair took the view at that time that because it was clearly indicated that he didn’t want filming that he could have asked you to leave the room but he didn’t.” As you can see from this quote, he refers to the Chair (Councillor Steve Niblock)’s view, not the view of the whole subcommittee. It is unknown whether the other two members of the subcommittee agreed with this view or held a contrary view as they did not state their view during the meeting on this matter.

S. 6(1) of the Human Rights Act 1998 states “It is unlawful for a public authority to act in a way which is incompatible with a Convention right.” and s.3(1) states “So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights.”

The Convention Right in question is article 10 which is below:

“

ARTICLE 10

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.”

Bearing the above in mind and your previous email of the 2nd April 2013 in which you stated “Furthermore, there no ban on filming” I would ask you to exercise your duty as Monitoring Officer to prepare a report about the above matter.

There is also another matter which I wish to draw to your attention, which may place a duty on you to write a further report about a different matter. I am sure you are aware of Wirral Council’s successful attempt to gain a possession order for the land known as Fernbank Farm in Moreton.

Section 3 of Wirral Council’s Particulars of Claim stated “On 13th July 2012 the First and Second Defendants were served with a notice in the prescribed form persuant to section 25 of the Landlord and Tenant Act the effect of which notifies them as Tenants of the intention to bring the tenancy to an end on 31st May 2013 but that the Council had no objection in the meantime to creating a new lease on certain terms.” and Section 8 of the Particulars of Claim stated “As a result the tenancy has been terminated in accordance with the law and the Claimant is therefore entitled to possession.”

At the fast track trial on 13th February 2014, Wirral Council’s expert witness David Dickinson stated (under oath) that he had been instructed by a manager not to renew the lease. In answer to District Judge Woodburn’s question to David Dickinson that his instructions were contrary to the terms of the notice, Mr Dickinson answered that his instructions were contrary to the notice. In answer to another question Mr Dickinson answered that he had been told not to engage in discussions with the tenants between November 2012 and May 2013.

Regulation 3 of The Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004 prescribe which type of form should be used. Wirral Council used form 1 and the prescribed purpose for form 1 is defined in Schedule 1 as “Ending a tenancy to which Part 2 of the Act applies, where the landlord is not opposed to the grant of a new tenancy (notice under section 25 of the Act).”

Based on David Dickinson’s testimony under oath, Wirral Council had decided not to renew the tenancy therefore form 2 should have been used, the prescribed purpose for form 2 is defined in Schedule 1 as “Ending a tenancy to which Part 2 of the Act applies, where—

(a)the landlord is opposed to the grant of a new tenancy (notice under section 25 of the Act); and
(b)the tenant is not entitled under the 1967 Act to buy the freehold or an extended lease..”

Clearly either a number of assertions (as outlined above) made in the particulars of claim are incorrect and Mr. Dickinson was telling the truth about Wirral Council’s decision not to renew the lease or alternatively what was outlined in the particulars of claim was correct and Mr. Dickinson was not telling the truth under oath. I am sure you will understand that the possibility of either scenario is concerning.

Therefore bearing in mind the above I would request that you write a further report on this matter which is your legal duty as Monitoring Officer. In order to aid you in this, I do know that following a complaint made by one of the tenant’s spouses that a long multi-page letter was sent to him about this and other related matters.

If a report (or reports) have already been written by yourself (or others on your behalf) I would appreciate being sent a copy. If a report (or reports) on these matters are in the process of being written by someone either at Wirral Council or an external third party I would appreciate being told who they are and by what date their report is expected to be completed.

If you feel a report (or reports) on the above matters are not necessary, I would appreciate hearing from you your reasons as to why. I intend to publish any such reply I receive either from yourself (or others on your behalf) as I feel that both these matters are of concern to large numbers of citizens on the Wirral and need to be resolved.

Yours sincerely,

John Brace

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Wirral Council takes the view that its rights matter more than Wirral citizen’s human rights

Following Friday’s blog post Wirral Council councillors ban filming at public meeting to decide on alcohol licence for Michaels of Moreton shop, there have been some reactions to what happened.

Councillor Stuart Kelly writes:

@level80 Disgraceful footage Bully boy tactics from chair of that committee were appalling Haven't G'ment told councils filming is allowed?

— Stuart Kelly (@CllrSKelly) June 6, 2014

Indeed they have Councillor Kelly. As long ago as February 2011, the Parliamentary Under Secretary of State Bob O’Neill MP wrote to all Council Leaders and Monitoring Officers. He states in his letter “It is essential to a healthy democracy that citizens everywhere are able to feel that their council welcomes them to observe local decision-making and through modern media tools keep others informed as to what their council is doing.” and “the mainstream media also needs to be free to provide stronger local accountability by being able to film and record in meetings without obstruction”. He goes on to write “I want to encourage all councils to take a welcoming approach to those who want to bring local news stories to a wide audience. The public should rightly expect that elected representatives who have put themselves up for public office be prepared for their decisions to be as transparent as possible and welcome a direct line of communication to their electorate.”

In the same letter, the Information Commissioner’s Office stated “In the context of photographing or filming meetings, whilst genuine concerns about being filmed should not be dismissed, the nature of the activity being filmed – elected representatives acting in the public sphere – should weigh heavily against personal objections.” Yet at Wirral Council this advice last Friday was not followed!

Former councillor Ian Lewis states on his new blog “We know most councillors have faces made for radio but their bizarre behaviour at this meeting, over a licensing application in Moreton, sets a new (low) standard”.

So why is Councillor Steve Niblock from the Chair making a unilateral decision about filming on behalf of the three person Licensing Act 2003 subcommittee? Regulation 25 referred to by Ken Abraham states “authority” (which is defined in Regulation 2 as meaning the whole subcommittee) expressing an opinion on disruption, not the Chair unilaterally expressing his opinion and expecting Regulation 25 to apply.

After the public were excluded from the Licensing Act 2003 subcommittee meeting on Friday, I had a talk with the legal adviser to the committee Ken Abraham about my concerns about it and that the public hadn’t been excluded properly from the meeting. This was a conversation in a corridor at the Town Hall in front of my wife, so I don’t think there can be any expectation of privacy!

KEN ABRAHAM (legal adviser to the Licensing Act 2003 subcommittee)
Can I speak to you after?

JOHN BRACE
I’ve had a chance to have a chat to the objector what it was about and he doesn’t have any objections to me filming. Will there be any problems with me filming the decision?

KEN ABRAHAM
Well it would be useful to find out why you’re filming.

JOHN BRACE
OK.

KEN ABRAHAM
because this is obviously you know, it’s a public Council meeting as in a public Council meeting, this is a what’s known as a public hearing, but there are people who attend who are obviously not aware that they’re going to be filmed so and…

JOHN BRACE
My point about filming, I’ll answer your question about why and then talk a bit about filming. The reason why is because there are people that can’t make it to these meetings, whether they’re at work during the day or

KEN ABRAHAM
People can have a look at the minutes.

JOHN BRACE
Yes, but the minutes aren’t published immediately.

KEN ABRAHAM
but then you could edit the filming.

JOHN BRACE
Err, clearly I could but I don’t. Anyway,

KEN ABRAHAM
The issue is that when you were asked to stop filming the other week, you still continued filming.

JOHN BRACE
No, sorry the other week when I was asked to stop filming I did and then we went out and came back in and it wasn’t clear then as to whether that carried on or not.

KEN ABRAHAM
The stopping filming?

JOHN BRACE
Yeah, because if you remember the other week, the meeting started, they were asked the question about objecting to filming. One person said yes, then we were all asked to go out, then we all came back in again and it wasn’t clear as you’ve said it’s not clear when we came back in again.

To be honest I did say things there but he [Councillor Steve Niblock] didn’t want me to speak anyway, so it’s hardly a valid reason.

KEN ABRAHAM
Well it’s not a public meeting, (at this point I link to Regulation 14 (which states it’s to take place in public), link to 100A and 100E of the Local Government Act 1972 which state otherwise to Ken’s assertion that it isn’t a public meeting. In fact earlier in the conversation he stated it was a public meeting.)

KEN ABRAHAM
and you’re not a representative or the, I I I if you want to talk in more detail I can.

JOHN BRACE
I do want to

KEN ABRAHAM
but I just need to, we’re still in the hearing,

JOHN BRACE
I just want to speak to you in more detail.

KEN ABRAHAM
Maybe if we do that after?

JOHN BRACE
The other very brief point I want to make, the first thing is any decision that a public authority makes has, due to the Human Rights Act 1998 to be compatible with the Convention on Human Rights so one of those rights is regarding freedom of expression and regarding the Article 10 right to freedom of expression there has to be a specific power the Council has in law to stop filming and it has to be for one or more of

KEN ABRAHAM
Yes, I hear you. You’re quoting the law, I know the law. We have rights under the regulations too, which empower them to stop a hearing proceeding if there is an issue about disrupting the meeting and the Chair took the view at that time that because it was clearly indicated that he didn’t want filming that he could have asked you to leave the room but he didn’t. As a filming condition to remain, to put the camera off.

JOHN BRACE
Yes, which I did.

KEN ABRAHAM
The licensing regulations are very clear and specific on that point.

JOHN BRACE
Unfortunately the licensing regulations don’t say anything about filming as such.

KEN ABRAHAM
but it talks about, it talks about the, this is why I can’t have a, I can have a discussion but not

JOHN BRACE
The other thing I wanted to say, let me say something. When the public were sent out,

KEN ABRAHAM
Yes.

JOHN BRACE
The law regarding public exclusion, I’m talking about the Local Government Act 1972, states there has to be a resolution and under the terms of [Wirral Council’s] constitution a resolution has to be proposed, seconded and voted on. That didn’t happen.

KEN ABRAHAM
This is a licensing hearing under the hearing regulations,

JOHN BRACE
Yes, but even in the regulations, the licensing regulations, it says they have to consider the public interest in favour of the public [staying] against excluding the public and they didn’t have a discussion about that.

KEN ABRAHAM
There was, there was representations by the Chair, by the individuals attending the meeting and those representations were taken on board. I’ve got to go off.

JOHN BRACE
but you understand my point about the filming issue and the point about the..

KEN ABRAHAM
Well people are entitled to object to that,

JOHN BRACE
and I pointed out I wasn’t filming that side

KEN ABRAHAM
It doesn’t matter, you’re still taking, you’re recording what individuals were saying

JOHN BRACE
Yes.

KEN ABRAHAM
and people can object to that if they’re members of the public.

JOHN BRACE
To be honest, I could just write it down

KEN ABRAHAM
exactly

JOHN BRACE
and type it up

KEN ABRAHAM
exactly, exactly. You could write it up, but at least you know, you know and that’s something that if you’re going to attend regularly, you know, the public needs to be and if it causes disruption at the hearing then we’re quite entitled to say, oh

JOHN BRACE
and can I say there’s also the Openness of Local Government Bodies Regulations which are going through Parliament and come into effect in a few weeks time.

KEN ABRAHAM
We’re not talking about councillors, we’re talking about members of the public.

JOHN BRACE
but we’re talking about public meetings here, not a public meeting of the full Council. In a few weeks time those regulations will come into effect and they actually prevent the Council from preventing filming at public meetings. They’re in draft form at the moment if you want to look at them.

KEN ABRAHAM
Yeah, well you don’t have to tell me word for word. The regulations are clear on the issue. It gives the Members the leeway to stop if there is a meeting that’s being filmed and the meeting could be disrupted or the hearing could be disrupted, they are entitled to take a view.

JOHN BRACE
Could you show me a copy of the particular regulation or ..

KEN ABRAHAM
Regulation 25,

JOHN BRACE
Regulation 25

KEN ABRAHAM
Licensing [Act 2003] Hearing Regulations [2005], alright and you can actually read the rule, end of story.

JOHN BRACE
OK, but it’s also a public meeting and we have a statutory right to be there.

KEN ABRAHAM
and you have the statutory right to be excluded.

JOHN BRACE
and the thing is right, if I was excluded and asked to leave, I could leave the camera running and leave.

KEN ABRAHAM
No, no, they have the right to exclude you, but the issue has if you’re going to attend these hearings, then members of the public must be aware of that, because they are not aware that you’re doing their filming and we don’t know what’s going to be done when it’s put on the website.

JOHN BRACE
And in fact if I’d answered the question about what the purpose of the filming, but the Chair wouldn’t let me answer it. When I explained it to him he said he had no objection.

KEN ABRAHAM
I said we’d have a discussion, that’s it. We’re not allowing you to have a discussion during

JOHN BRACE
But we’re having one!

KEN ABRAHAM
We’re not having one. Are you aware of the purpose of this discussion? You’re shouting at me!

JOHN BRACE
I’m not!

KEN ABRAHAM
The view that I’m going to take with you isn’t going to change. They tried to make a view on the hearing regulations and you know the people are members of the public and are going to object for whatever reason errm, Members are entitled under the regulations to take a view.

JOHN BRACE
Well actually we disagree on that.

KEN ABRAHAM
Well we’ll agree to disagree then.

Finally I include an email of Surjit Tour sent to me last year.

from: Tour, Surjit
to: john.brace@gmail.com
cc: stephengerrard@wirral.gov.uk
date: 2 April 2013 16:08
subject: RE: filming of public meetings
mailed-by: wirral.gov.uk

Dear Mr Brace

I am on annual leave until 15 April. I am somewhat surprised by your email and letter given that I have asked you a number of times to meet me to discuss this issue.

Furthermore, there no ban on filming as you and another have been filming a number of committee meetings.

I would suggest that no proceedings are issued until I have had the opportunity to respond. I therefore request an extension of time to 30 April.

I await your response.

Please can you also include Stephen Gerrard in any further response.

Yours sincerely

Surjit Tour

Sent from my HTC Touch Pro 2 on Vodafone

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So it seems two of Wirral Council’s legal team have different views on the filming issue.

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Wirral Council councillors ban filming at public meeting to decide on alcohol licence for Michaels of Moreton shop

Here is a transcript of what happened today at the Licensing Act 2003 subcommittee meeting. The video of it is below the transcript. Didn’t Councillor Phil Davies state once that the Labour administration was “open and transparent” or has their policy changed on such things?

COUNCILLOR STEVE NIBLOCK
Can I ask that people make sure that their mobile phones are switched off? It’s very important. I’ll also advise you that there’s not a fire drill today so if the alarm does go off, the fire exit is there and march through to the car park over there.

OK, my name is Councillor Steve Niblock, I’m Chair of the Subcommittee this morning. Either side are my councillor colleagues who will be making the decision regards the application. As a preliminary matter, you will be aware that a member of the public is filming these proceedings and I’m going to ask all those present whether they are happy with that to continue and if they are not then the filming will have to stop. So it’s entirely a matter for yourselves as to whether or not these proceedings are filmed. Are you happy? You’re happy.

UNKNOWN 1
I’m happy.

UNKNOWN 2
Can I ask the purpose of the filming please?

COUNCILLOR STEVE NIBLOCK
I have no idea.

KEN ABRAHAM (legal advisor to the Subcommittee)
If you have got a question to be raised probably we could bring Mr Brace in?

COUNCILLOR STEVE NIBLOCK
I wasn’t going to bring a member of the public in to the proceedings, that they’re not really here as part of the Committee and the proceedings. They’re on camera and I have no idea whether actually I can bring them into the Committee proceedings of the Subcommittee you know as you should know I struggle with that.

KEN ABRAHAM (legal advisor to the Subcommittee)
I appreciate that Chair, ok.

UNKNOWN 2
If I don’t know the purpose of it, I’m quite unhappy for filming.

KEN ABRAHAM (legal advisor to the Subcommittee)
I accept that.

JOHN BRACE
Shall I answer his question as to how?

COUNCILLOR STEVE NIBLOCK
Sorry?

JOHN BRACE
Shall I answer his question as to how?

COUNCILLOR STEVE NIBLOCK
No!

JOHN BRACE
OK.

COUNCILLOR HARRY SMITH
So we’ve said it like that.

UNKNOWN 3
Could you repeat the question?

UNKNOWN 2
Are you happy for the proceedings to be filmed?

UNKNOWN 3
Yes.

COUNCILLOR STEVE NIBLOCK
Can I ask you to stop filming?

JOHN BRACE
I’m not actually filming that side, so I’m just…

COUNCILLOR STEVE NIBLOCK
Well I’m sorry but I’m asking you to stop!

JOHN BRACE
I want to ask.

COUNCILLOR STEVE NIBLOCK
There’s been no discretion

JOHN BRACE
I know.

COUNCILLOR STEVE NIBLOCK
for somebody, excuse me, there’s been an objection, I am asking you to stop filming!

JOHN BRACE
Can I just ask you what your legal power is to stop filming?

COUNCILLOR STEVE NIBLOCK
No I’m sorry. I have asked you, you need to stop filming. That means stop now!

JOHN BRACE
OK.

COUNCILLOR STEVE NIBLOCK
Stop now!

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Mayor of Wirral “The Mayor’s Special Charity Fund has been supporting good causes for over forty years”

Left to right newly elected Mayor of Wirral Councillor Steve Foulkes, former Mayor of Wirral Councillor Dave Mitchell

Councillor Foulkes continued his acceptance speech (continues from Mayor of Wirral “Councillors suggested that I end up in something long and flowing, some meant the River Mersey”).

MAYOR OF WIRRAL COUNCILLOR STEVE FOULKES
There are so many great organisations as Dave the former Mayor talked about. So many people around, so many organisations, our own staff facing daily change of what they do who basically get on with it and sometimes people say to me, “all I need is someone to come round and say ‘thanks, you’re doing a great job’, ‘thanks for what you’re doing’, ‘it’s appreciated, someone else has recognised it'” so if you know out there organisations that have not yet been thanked or met the Mayor, or had someone to come round and just say “well done, thank you very much” we will go round there and we will do that job, simply to say “thank you” because it’s often all they need.

You’ll be glad to know because I can see some eyes rolling, I’m coming towards the end. The best part though of becoming Mayor is the charities that you can sponsor and look after. We’ll be supporting three charities, although we’ve had lots of charities who have applied to be the Mayor’s charity. We have decided on three and what this facility’s allowed us to do today is to actually play a video so they can tell you about their charities rather than me droning on. So I think we’re about ready to play the charities video, if you could do that for us thank you.

MAYOR OF WIRRAL COUNCILLOR STEVE FOULKES (ON PRE-RECORDED VIDEO)
The Mayor’s Special Charity Fund has been supporting good causes for over forty years. In that time, it’s had a huge variety of projects and touched the lives of many thousands of local people. Here is a few words from the our causes that the charity will be funding this year.

STICK ‘N’ STEP
Morning, through which children with cerebral palsy gain confidence, push the boundaries of their disability and strive to be as independent as possible. Working with our dedicated staff our children learn to do every day tasks that most people take for granted, such as holding a cup or standing up from a chair.

A group of parents of children with cerebral palsy formed our charity in 2002. They chose the name Stick ‘n’ Step because that is how children are taught to walk with sticks. They’re taught to stick and step. Over the years we have helped hundreds of children achieve goals their parents never thought possible through sitting up to dressing themselves to walking unassisted. Some of our original children have now gone on to college and university. This is a huge accomplishment for these children who had such a tough start to their lives.

Their parents were told so many things that they would never be able to do. Never be able to walk, never read, never go to a mainstream school and Stick ‘n’ Step would never say never, we always say let us try. We are delighted that you have chosen this as one of your charities this year. You’re helping children with cerebral palsy achieve the greatest independence possible step by step. Thank you so much for supporting us.

CLATTERBRIDGE CANCER CENTRE
The Clatterbridge Cancer Centre is one of the largest networked cancer centres in the UK. From nine operating sites across Merseyside and Cheshire we treat over thirty thousand patients a year offering pioneering chemotherapy, radiotherapy and proton therapy treatments.

The incidence of cancer is increasing and our region has the highest cancer death rate in the UK meaning there are so many of us that have been touched by cancer and whose families have benefited from the care given by the dedicated team.

It’s thanks to your support that we can help to make the hospital such a special place, helping our patients young and old get the best possible care. By choosing to raise money for the Clatterbridge Cancer Charity you’ll be helping to fund pioneering research, new treatments and vital support services that may be otherwise unavailable ranging from the latest innovations to how we treat cancer to the special touches that mean so much to our patients.

For thousands of patients in the coming year who will hear the words “you’ve got cancer” and come to us for treatment and on behalf of our team here at Clatterbridge Cancer Centre I’d like to say thank you for your support, you are really helping to make a difference and change lives.

WIRRAL FOODBANK
The Wirral Foodbank, which has been running for three years, is one of three hundred and eighty foodbanks across the country run by the Trussell Trust.

Thirteen million people live below the poverty line in the UK and today and every day people on the Wirral will be struggling to feed themselves and their families because of redundancy, illness, benefit delay, unexpected bills, domestic violence, debt, family breakdown and high fuel bills.

Last year Wirral Foodbank fed and supported over twelve thousand local people, four and a half thousand of these were children. The Foodbank provides a minimum of three days emergency food and help for people experiencing financial crisis. All food is donated by the public and sorted by volunteers.

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Mayor of Wirral “Councillors suggested that I end up in something long and flowing, some meant the River Mersey”

Mayor of Wirral Cllr Foulkes “Cllrs suggested that I end up in something long and flowing, some meant the R. Mersey”

Mayor of Wirral “Councillors suggested that I end up in something long and flowing, some meant the River Mersey”

Left to right newly elected Mayor of Wirral Councillor Steve Foulkes, former Mayor of Wirral Councillor Dave Mitchell

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This continues from How did Councillor Foulkes get the nickname ‘Mad Max’? & ‘Infamy! Infamy! They’ve all got it in for me!’.

Once the new Mayor of Wirral Council Councillor Steve Foulkes returned and he made his declaration of acceptance of office, he made a speech the first part of which is below.

MAYOR OF WIRRAL COUNCILLOR STEVE FOULKES
Right, I’ll probably use the microphone. OK, I’m awful sorry, hang on, I’m doing that. Please be seated. It works!

Well I’d just like to say that there are many, many councillors and this is a tribute to former Mayors particularly Gerry Ellis who’s given me this opening gambit which was when some councillors suggested that I end up in something long and flowing, some meant the River Mersey and not the Mayor’s robes and that’s my tribute to Gerry, to Gerry’s.

Before I do make my acceptance speech though, I think I must place on record my gratitude and thanks to Dave and Sue for the friendship that they’ve given me in the last thirteen months, the guidance and just the thoroughly fantastic job they have done on behalf of the people of Wirral. They’ve been an absolute credit to themselves and the Borough so let’s hear it for them.

It would be a really hard act to follow, but I think you’ve earned a good long rest, so have a good rest and a good holiday and enjoy. I’ll also pass on my condolences to Kate Wood’s family and I will be attending Kate’s funeral on Wednesday, a sad way to start the evening however.

I will accept the office and I’d have loved a unanimous vote and I’ve accepted office on a majority vote and I’ve lost office, quite sadly at times, on a majority vote. So I will be accepting the office tonight.

I’d like to thank my group, my leader Phil for the nomination and a fantastic speech he gave, if not a little too revealing about my former name as Mad Max. That won’t go down very well, but we’d asked for an in depth interview and we got one, so thank you very much.

I’d really like to place on record now while I’ve got the chance is my employer Unilever. They’ve been very supportive of me over a number of years as a politician. As a community minded company they have been really supportive and I have to place on record thanks to them.

I’d like to say a special thanks, this is the second time George gets a mention tonight. I came into politics as George’s agent when we won Claughton and he’s been a real close friend ever since. In fact I refer to him as my other brother sometimes and we’ve been that close at times and he’s been a stalwart. My other ward colleague Denise Roberts, who has really been great and supportive to us and more importantly and that’s what it’s all about is the people of Claughton who have voted for me on a regular basis and have returned me to office over twenty-four years. I’d like to thank them.

So what a really great venue for this what to me is a very special occasion of course but it is a special occasion for the people of Wirral. A great venue and a new look New Brighton. This is at the heart of New Brighton and a development that was done and developed and delivered in the teeth of a recession and I think it just shows what Wirral people can do, what Wirral Council can do if it is of one mind, if it has a vision, if it has a cause. Just go out there tonight if you get a chance, in the early evening and see how much we’ve achieved in those circumstances bringing new life and new jobs I hope we can do more of that in future.

Actually we were quite lucky to get in here tonight. I don’t know whether you noticed the sign or not on the way in, clairvoyant’s evening cancelled due to unforeseen circumstances. I don’t know whether anybody spotted that on their way in. You’ve heard a little bit about my background and you know it is character building and I do hope when we get out there and talk to people I will describe how poor we were. We were poor and I’m not ashamed of that. In fact we were so poor that all our clothes had to be bought from the Army and Navy surplus store. You know it’s tough, you try going to school dressed as a Japanese Rear Admiral.

I can tell you it’s not easy and there was a big family you know, we had to scrap over food and things like that and actually my real name should’ve been Tuesday because when I was born Dad looked at Mum and said ‘let’s call it a day love’. Actually Elaine jokes because I haven’t got a middle name. Elaine jokes and says you know by the time I was born she’d run out of names so they couldn’t give me a middle name.

Well as Phil said, our council house which I’m always grateful for, a little bit crowded but loving and this is where I go a bit errm. Not a day passes really you know I don’t think about my Mum and Dad, Eric and Gladys and I just hope that they are really, really proud of what I’ve achieved and what I’ve done today and I miss them. Not a day goes by without a thought for them but that’s my emotional bit over with I suppose.

Right, my Mayoress, my Mayoress will be my beautiful fiancee Elaine who I love dearly and dearly being the operative word because the cost of her last outfit I tell you! It’s utterly amazing but a few years for me have been tough, there’s no doubt about it, politically you put your head above the parapet, times get tough and it has felt like I’ve been besieged at times and I actually don’t think I could have coped with those tough years without Elaine by my side and I thank her very much for that.

Elaine’s a hard working mum, with two lovely children Jack and Molly, you’ve seen Molly already, who have become my best mates during difficult times. They’ve shown maturity in themselves and a friendship to me that is a credit to them and should be an example to everybody in this room. I’ve got to give Jack a special mention, he’s chomping at the bit to go because he’s got two A-levels tomorrow and he really wants to get on and revise. He’s taken time out and good luck tomorrow mate with everything and those exams.

If you haven’t heard, if you haven’t heard, it’s open news now. Me and Elaine have named a date. We’re going to get married on August 17th 2015, ok? I’m sorry Councillor Blakeley, but the best man’s job has already been allocated. So after our Mayoral year, we will be married and what an exciting year it promises to be. The return of the Open and the International Business Festival just for two as an example of this Borough with a real chance, a real opportunity to promote itself and put its best foot forward.

Mayors are supposed to sort of pick themes. I’ve had a little think about what we should be doing. So as Mayor I’ve selected one theme which is ‘Wirral a place to do business’. We can’t latch on to the Golf Open and all the other investment that’s going on. At last we will see some work taking place on the Twelve Quays site. If this is not the greatest opportunity we’ve ever had to entice new business into the Borough I don’t know what it is, so the Mayor’s Office, including the Deputy we will be there, ready, willing and able to meet, greet, do whatever is necessary to entice businesses into this Borough. That’s a pledge I will make as part of the year.

The other sort of theme is ‘councillors count’ and what does that mean? Some can’t count, but councillors count, in a, I know when we had the electronic voting we certainly couldn’t count but I remember, I’ve always thought that no one ever speaks up for councillors. You know they’re misunderstood, maligned, not really appreciated what they’re doing. Having been in virtually every role that it’s possible to be as a councillor, I do actually think we need someone to just champion them and all it will be as part of the theme of the year is explaining the role, the job they do. Don’t forget what councillors have, they have an electoral mandate which very few people have. They are actually able to speak with authority for the very diverse communities we have on the Borough. So I will be championing the role of councillor as best as I can during that year and the last theme is a very simple one it’s just about saying thank you.

Continues at Mayor of Wirral “The Mayor’s Special Charity Fund has been supporting good causes for over forty years”.

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