What were the 6 A4 pages of partially redacted minutes of a Headteachers’/Teachers’ Joint Consultative Committee meeting and the name of a LGA Associate Tutor that Wirral Council disclosed voluntarily in response to a First Tier-Tribunal (General Regulatory chamber) hearing (case number EA/2016/0033) about a Freedom of Information request first made in March 2013?

What were the 6 A4 pages of partially redacted minutes of a Headteachers’/Teachers’ Joint Consultative Committee meeting and the name of a LGA Associate Tutor that Wirral Council disclosed voluntarily in response to a First Tier-Tribunal (General Regulatory chamber) hearing (case number EA/2016/0033) about a Freedom of Information request first made in March 2013?

What were the 6 A4 pages of partially redacted minutes of a Headteachers’/Teachers’ Joint Consultative Committee meeting and the name of a LGA Associate Tutor that Wirral Council disclosed voluntarily in response to a First Tier-Tribunal (General Regulatory chamber) hearing (case number EA/2016/0033) about a Freedom of Information request first made in March 2013?

Liverpool Civil & Family Court, Vernon Street, Liverpool, L2 2BX (the venue for First-Tier Tribunal case EA/2016/0033)
Liverpool Civil & Family Court, Vernon Street, Liverpool, L2 2BX (the venue for First-Tier Tribunal case EA/2016/0033)

I will start by declaring an interest as I was the Appellant in case EA/2016/0033. I am also married to my McKenzie Friend in this matter Mrs Leonora Brace.


Court | Room: Tribunal Room 5, 3rd Floor, Liverpool Civil and Family Court Hearing Centre, 35 Vernon Street, Liverpool, Merseyside, L2 2BX

Oral Hearing
On: 16th June 2016
Time: 10.15am

First-tier Tribunal (General Regulatory Chamber)
Case Ref: EA/2016/0033

Parties
Mr | John Brace (Appellant)
ICO (First Respondent)
Wirral Metropolitan Borough Council (Second Respondent)

Before:
Mr. David Farrer QC Tribunal Judge
Mr. Michael Hake Tribunal Member
Dr Malcolm Clarke Tribunal Member

Clerk: Clare Adams


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Disclosure of 46 pages of PFI contractor’s banking details by Merseyside Fire and Rescue Service described as “oversight”

Disclosure of 46 pages of PFI contractor’s banking details by Merseyside Fire and Rescue Service described as “oversight”

                             

The author of this piece is an Appellant in a First-Tier Tribunal (Information Rights) case involving Merseyside Fire and Rescue Authority.

Today, the eighteen councillors on the Merseyside Fire and Rescue Authority met. One of the decisions they agreed was a constitution which includes the following (Members means councillors), “Members should avoid public criticism of individual Officers, as it is unfair and oppressive.”

Last year during the 2014/15 audit, I requested the North West Fire and Rescue PFI contract. This is the PFI contract with Merseyside Fire and Rescue Authority for the Belle Vale, Birkenhead, Bootle/Netherton, Formby, Kirkdale, Newton-le-Willows and Southport fire stations on Merseyside as well as fire stations in Lancashire and Cumbria.

After Merseyside Fire and Rescue Authority insisted I provide them with a blank DVD, a copy was provided to me on DVD which contained the entire contract. The contract (apart from 46 pages in section 4.7 (Bank account mandates and specimen signatures)) was published on this blog.

When it was published on this blog in October 2015, a former press officer working for Merseyside Fire and Rescue Service Lyndsay Young phoned me asking me to remove the contract from my blog. I explained why I wasn’t going to do so and alerted her to the 46 pages of bank account mandates and specimen signatures that I had not published.

Last week Merseyside Fire and Rescue Authority’s Audit Sub-Committee met and discussed the Corporate Risk Register which included the risk of data loss and the possibility of regulatory action by the Information Commissioner’s Office (ICO). I requested a press officer be present for this meeting so I could ask for a quote from Merseyside Fire and Rescue Service about its disclosure of this information. This request was denied.

Merseyside Fire and Rescue Service refused to comment (in part because of criticism in an article published that day about how Merseyside Fire and Rescue Authority was managed and led) and instead asked us to speak to their solicitor on Tuesday 14th June.

Deputy Chief Fire Officer Phil Garrigan (bottom left) tells Merseyside Fire and Rescue Authority's Audit Sub-Committee 9th June 2016 about the risk of data being compromised
Deputy Chief Fire Officer Phil Garrigan (bottom left) tells Merseyside Fire and Rescue Authority’s Audit Sub-Committee 9th June 2016 about the risk of data being compromised

After Deputy Chief Fire Officer Phil Garrigan’s glowing comments at that meeting about the efforts Merseyside Fire and Rescue Service had taken to prevent data loss at the Audit Sub-Committee meeting, I emailed the Merseyside Fire and Rescue Services’ auditors Grant Thornton alerting them to this and also asked the contractor Balfour Beatty for a quote.

Merseyside Fire and Rescue Service’s position changed from their original “no comment” to an email requesting that the information be destroyed or returned (offering to pay any costs of doing so).

Louise McCulloch, Head of Media & PR for Balfour Beatty kindly gave us the following quote, “Last year, information relating to [the] North West Fire and Rescue (NWFR) [contract] in which Balfour Beatty has an interest, was inadvertently shared with an individual as part of a response to their request to the Fire and Rescue Authority under s 15(1)(a) of the Audit Commission Act 1998.

The Authority made NWFR fully aware of the oversight immediately. NWFR has taken the necessary steps to ensure no adverse impact.

NWFR has asked the Authority to request the individual destroy or return the information which has no public interest, which Merseyside Fire and Rescue Service has done.”

The 46 pages of disclosed information contain details of sort codes, account numbers, specimen signatures and names of those authorised to use various Barclays Corporate bank accounts connected to the PFI fire stations project run by Balfour Beatty.

Clearly this information should not have been disclosed to me, but it is worrying that Merseyside Fire and Rescue Service seemed to only realise this had happened after I told them first in October 2015 and again in June 2016!

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£206,000 extra for Wirral’s potholes, £170,000 for selling “ornamental pleasure gardens” and a land swap to a body that doesn’t exist!

£206,000 extra for Wirral’s potholes, £170,000 for selling “ornamental pleasure gardens” and a land swap to a body that doesn’t exist!

£206,000 extra for Wirral’s potholes, £170,000 for selling “ornamental pleasure gardens” and a land swap to a body that doesn’t exist!

                                        

Jane Kennedy (left), the current Police and Crime Commissioner for Merseyside and Labour Party candidate in the 2016 elections for a Police and Crime Commissioner for Merseyside at a public meeting of the Police and Fire Collaboration Committee (2015)
Jane Kennedy (left), the current Police and Crime Commissioner for Merseyside | Right Sir Jon Murphy QPM (Chief Constable)

Wirral Council has accepted an extra £206,000 from the government’s Pothole Action Fund to be spent on (no prizes for guessing) fixing potholes on Wirral’s roads.

The details are in a report, but they expect to repair around 3,887 potholes and Wirral Council will be publishing a report on how they spend the money.

Of the £206,000 allocation, £116,000 is planned to be spent on surface dressing, £20,000 on “micro-asphalt” and £70,000 on patching.

The surface dressing work will be carried out in August and the micro-asphalt work is planned to start in July.

In other news, Cllr George Davies has managed to agree a land swap with a public body that was abolished in 2012. Yes, I couldn’t make this up if I tried!

The Merseyside Police Authority (abolished in November 2012) is now the “owner” of a piece of land (according to his decision). Maybe Wirral Council needs to move with the times and realise it’s the Office of the Police and Crime Commissioner for Merseyside (after all only last month we had the second election for who would be Merseyside’s Police and Crime Commissioner)!

Finally, onto a phrase you don’t hear very often on this blog “ornamental pleasure garden”. Wirral Council has decided to sell land next to Gibson House to a developer for £170,000 despite covenants restricting its use to an “ornamental pleasure garden”.

Wirral Council selling off green space is of course a worry elsewhere on the Wirral with its flagship Hoylake Golf Resort project causing such concerns a local Hoylake councillor Cllr Gerry Ellis recently called for the project to be scrapped.

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Interviews to happen with 8 consultancy firms over tender for confidential advice on cuts to Merseyside’s police and fire services

Interviews to happen with 8 consultancy firms over tender for confidential advice on cuts to Merseyside’s police and fire services

                            

In the interests of openness and transparency I’ll declare at the outset that I’m the Appellant in a sub judice First-Tier Tribunal (Information Rights) case involving Merseyside Fire and Rescue Authority (2nd Respondent).


I was briefly remembering what happened five years ago in 2011.

Five years ago (well four years and ten months ago) if you remember it was the summer when there were riots. The riots were so widespread the police had difficulty coping. It was similar reasons that led to the 1981 Toxteth riots.

The Lib Dems’ attitude towards ethnic minorities was unfortunately the kind of attitude (especially from one of the two parties in the Coalition government at the time) that led to the riots. I remember vividly being at a North West Lib Dem regional conference where a party member stood up and proudly stated to the entire room of dozens of party activists that he would never choose a candidate from an ethnic minority background. So if you wondered why all the Lib Dem MPs (and indeed many of their councillors) were white, male and pale you should understand now!

There was of course an uproar from those from ethnic minorities in the room and the chair had to settle things down before the person who’d said it got drowned out through a lot of shouting.

In 2011 a black man Mark Duggan was shot dead by the police, in 1981 the Toxteth riots followed the Brixton riots which were also triggered by poor relations between the police and ethnic minorities.

In fact I know someone who wrote a book From the Empire to the Rialto: Racism and Reaction in Liverpool 1918-1948 that discusses the reasons behind the Toxteth riots in more detail.

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Merseyside Fire and Rescue Authority’s Police and Fire Collaboration Committee 7th June 2016

However what’s the point of mentioning the above? Well Tuesday’s meeting of the Police and Fire Collaboration Committee (you can watch video of the 13 minute meeting above) reminded me of a change in the culture of the police. A long time ago I used to report on the Merseyside Police Authority (before there was a Police and Crime Commissioner who started in November 2012), so I remember how matters involving Merseyside Police used to be.

In fact when I used to report on the Merseyside Police Authority it was obvious from the statistics shown to councillors that you were still far more likely to be stop searched in the Wirral area (although there were problems all over Merseyside to varying degrees) if you were from an ethnic minority background.

When Deputy Chief Constable, Andy Cooke, QPM (soon to be Chief Constable) didn’t use his microphone during the Police and Crime Collaboration Committee and my wife said she couldn’t hear, he apologised to my wife and turned it on.

Deputy Chief Constable Andy Cooke (with his microphone on) at the Police and Fire Collaboration Committee meeting of Merseyside Fire and Rescue Authority 7th June 2016
Deputy Chief Constable Andy Cooke (with his microphone on) at the Police and Fire Collaboration Committee meeting of Merseyside Fire and Rescue Authority 7th June 2016

This shows things have changed. The police "half" of the committee has learnt from bitter experience that it is better to apologise, learn from and correct their mistakes and move on. This is indeed the very hard to learn cultural lesson to be take away from high profile matters that happened a long time ago involving the police as a whole.

One of the nine Peelian principles is, “To seek and preserve public favour, not by pandering to public opinion, but by constantly demonstrating absolutely impartial service to law, in complete independence of policy, and without regard to the justice or injustice of the substance of individual laws, by ready offering of individual service and friendship to all members of the public without regard to their wealth or social standing, by ready exercise of courtesy and friendly good humour, and by ready offering of individual sacrifice in protecting and preserving life.”

However the fire service/fire authority culture is different. The Chair interrupted the meeting to tell my wife off for interrupting (which he does while looking directly at me rather than her).

I’m really am not entirely sure why he looked at me when he was saying this rather than her? Did he want me to say something to her? Is he not aware of Article 21(1)?

I suppose I should just be glad that he didn’t start ranting at me like his former Labour colleague Cllr Niblock (who until recently was on the Merseyside Fire and Rescue Authority) once did.

Just for clarity I was standing up behind the camera, she was sitting down to my left. So you’d have to look in completely different directions to face myself or Leonora. You can hear clearly my response to him on the video above.

Bear in mind that already during the meeting two people had commented on the minutes and hadn’t ask permission for the Chair to speak and aren’t on the Police and Fire Collaboration Committee itself.

The Chair indeed didn’t say anything to them (for the purposes of clarity those two were I think from memory the Deputy Chief Constable referred to above and if I am correct the Chief of Staff for the Office of the Police and Crime Commissioner)!

The recently elected Police and Crime Commissioner for Merseyside Jane Kennedy wasn’t there. Her Deputy PCC Cllr Sue Murphy was (yes Jane Kennedy had previously stated she wouldn’t have a deputy but changed her mind part way through her previous term of office). Thankfully this meant the meeting started on time as a previous meeting of this Committee had been delayed from starting because Jane Kennedy arrived late and the person chairing the meeting didn’t want to start without her.

The meeting of the Police and Fire Collaboration Committee agreed to hire consultants to advise them on how Merseyside Police, Merseyside Fire and Rescue Service (and Authority) and the Office of the Police and Crime Commissioner for Merseyside can work better together.

I realise some may well comment along the lines of isn’t this what managers in the public sector on six-figure salaries are paid to do? However have you ever heard of a public sector manager either volunteering to offer themselves the sack or massively reducing the headcount they manage?

Yet in these times of seemingly never ending austerity, you the 1.4 million members of the public on Merseyside who finance the fire service may well ask why does more money need to be spent on consultants?

Eight organisations have applied for the role and there will be interviews later this month. You can read the detail here.

There are many areas within the Corporate Services Review, you can read the list on page 3 here.

Unusually (as they seem to have been quite vocal at previous meetings about the impact on jobs) as far as I could tell the trade union representatives weren’t present for this meeting.

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What happened while Cllr Denise Roberts was Chair of MFRA’s Audit Sub-Committee?

What happened while Cllr Denise Roberts was Chair of MFRA’s Audit Sub-Committee?

                                     

Cllr Denise Roberts (Chair, Standards and Constitutional Oversight Committee) (27th November 2014)
Cllr Denise Roberts (Chair, MFRA (Merseyside Fire and Rescue Authority) Audit Sub-Committee at a previous meeting of the MFRA)

The author of this is the appellant in a First-Tier Tribunal (Information Rights) case involving Merseyside Fire and Rescue Authority.

There have been serious corporate governance allegations raised about how MFRS (Merseyside Fire and Rescue Service) has been managed and led during the period when Wirral Council Councillor Denise Roberts has chaired the MFRA (Merseyside Fire and Rescue Authority) Audit Sub-Committee.

MFRS’s press office was approached to provide a press officer for today’s public meeting of its Audit Sub-Committee. However that request for a press officer was refused. A reply received from a senior manager who intervened in our request stated that a press officer is not able to attend this and indeed future public meetings due to “other responsibilities”.

Ultimately it is up to you dear reader to try and understand the reasons why such a decision would be taken.

Clearly Wirral Cllr Denise Roberts (Chair of MFRA’s Audit Sub-Committee) is not entirely to blame as reports to the Audit Sub-Committee she chairs (including to today’s meeting) have been either inaccurate or misleading (or indeed both at the same time) and indeed her time on the Merseyside Fire and Rescue Authority comes to an end in a week.

Instead, Cllr Brian Kenny and Cllr Chris Meaden will replace Cllr Denise Roberts and former Labour Cllr Steve Niblock as two of Labour’s representatives from Wirral Council on the Merseyside Fire and Rescue Authority. Both Conservative Cllr Lesley Rennie and Labour’s Cllr Jean Stapleton remain.

It remains to be seen whether a future Chair of the Audit Sub-Committee continues with Cllr Denise Roberts’ approach and what happens next.

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