All Merseyside Fire and Rescue Authority councillors voted to close Upton and West Kirby fire stations and apply for planning permission for a new fire station in Saughall Massie

All Merseyside Fire and Rescue Authority councillors voted to close Upton and West Kirby fire stations and apply for planning permission for a new fire station in Saughall Massie

All Merseyside Fire and Rescue Authority councillors voted to close Upton and West Kirby fire stations and apply for planning permission for a new fire station in Saughall Massie

                                                           

Les Spencer of the Saughall Massie Conservation Area Society addresses the Merseyside Fire and Rescue Authority on why they are opposed to a new fire station in Saughall Massie
Les Spencer of the Saughall Massie Conservation Area Society addresses the Merseyside Fire and Rescue Authority on why they are opposed to a new fire station in Saughall Massie

Please accept YouTube cookies to play this video. By accepting you will be accessing content from YouTube, a service provided by an external third party.

YouTube privacy policy

If you accept this notice, your choice will be saved and the page will refresh.

Above is video footage of the Merseyside Fire and Rescue Authority meeting of the 30th June 2015.

The agenda and reports for this meeting can be found on the Merseyside Fire and Rescue Authority’s website.

Les Spencer, Chairman of the Saughall Massie Conservation Area Society spoke for five minutes at the meeting detailing why they disagreed with the plan to build a new fire station in Saughall Massie.

He said, “My name’s Les Spencer and I’m the chairman of the Saughall Massie Village Conservation Area Society and I’m communicating the majority view of the householders and members who are opposing the plan you can see here today, namely to build a new fire station on green belt land adjacent to our Conservation Area and directly opposite a listed grade II historic stone bridge.

Time does not permit me to present the full extent of our opposition, but we hope you will appreciate the argument is not as black and white as the Chief Fire Officer has been suggesting. At this moment I am unable to fully illustrate the impact of loss of amenity, use, breach of green belt policy, habitat loss, public nuisance to adjacent sheltered housing and a projected drop in nearby property values estimated at ten percent, I have prioritised other concerns.

The Chief Fire Officer has repeatedly stressed that there is no alternative operational response, no plan B. The intention to build in this location has been presented as a matter of dire public safety for residents impacted by the closure of the West Kirby station.

I hesitate to describe his tone as scaremongering but that’s how it seemed at times. As the Committee should be aware the West Kirby/Hoylake/Meols area has had no cover from the West Kirby station for half of the last two years as it has been operationally closed for half of every week with call-outs covered from Upton. Presumably a risk assessment was conducted by the Fire Authority and it was felt that closure for approximately 180 days a year didn’t unacceptably compromise residential safety in the West Kirby area. Indeed we believe that call-out response times of ten minutes from Upton to the area concerned is broadly comparable to national averages and to many other parts of Merseyside.

Why is it currently acceptable to provide fire and emergency cover from Upton, but apparently of such critical importance to do it from a proposed Saughall Massie green belt site in the future?

If it is felt that response times from Upton to West Kirby need shortening, then why doesn’t the Fire Authority use one smaller targeted response vehicle to complement the larger appliances on a consolidated improved site at Upton? This would cost a lot less than the £4.2 million anticipated for the Saughall Massie station.

Like the ambulance services these vehicles can be on standby, on the road awaiting call outs and updates from Upton. Why is it that Merseyside, which is one of the largest UK fire authorities still sends out fully manned larger appliances to minor call outs? Is there internal union resistance to more flexible operational responses? Is this reliant upon large appliances dictating operational restructure in this case.

It is clear that Merseyside Fire Authority have set a precedent that cover from West Kirby can be safely provided from Upton, so there is despite what the Chief Fire Officer says an option B and that’s closing West Kirby and redeveloping Upton.

There’s also a plan C and that’s to employ a smaller targeted response vehicle to supplement cover from Upton. This development completely hinges upon getting permission to build on green belt land. Emergency services can seek planning permission on green belt land if they can prove very special circumstances and only where there are no alternatives. We contend that there is a workable alternative and that is based on the redevelopment of Upton but for whatever reason this hasn’t been fully publically debated.

There are also financial aspects of this development that seem to compromise public perceptions of transparency and suggest conflicts of interest in the planning process. There is clearly a conflict of interest that the sellers of the Saughall Massie land are Wirral Council whose officers will adjudicate approval of any planning application and also whether very special circumstances are actually present.

The land is currently worthless but with planning will be much more valuable. What price and terms have been agreed for the Fire Authority to acquire this land? Who will actually pay for it Merseyside Fire Authority or via grant from central government? How much capital inflow does the Authority expect from the sales of West Kirby and Upton?

Forgive us for being cynical but would the drivers for this development be mostly financial and the perceived safety needs of West Kirby residents a convenience to justify the development? The Fire Authority stands to gain the resale revenue of Upton and West Kirby and Wirral Council might be receiving a commercial price for an otherwise worthless piece of land.

From a cashflow position that seems like a win for everyone other than the local residents. Furthermore we gather this scheme in principle has been approved by central government through a £1.49 million DCLG grant, but might that be predicated upon an exaggeration of the dangers of longer response times to West Kirby? Do the grant providers know that an adequate service is already being provided from Upton for 50% of each week and that redevelopment of Upton would cost the public purse a fraction of the £4.2 million total cost of a new Saughall Massie station.

Our feeling is that very special circumstances might be being inflated to circumvent green belt protection and to achieve financial restructuring benefits and access to central government grants. It looks as though special circumstances are further being boosted by attempts to involve Merseyside Police and the North West Ambulance Service as subsidiary tenants. However neither party has shown any expression of interest so I hope they will be excluded from the planning consideration.

Much is said about the health and safety benefits to West Kirby by moving to Saughall Massie but what of the lengthening response times from Upton, the primary dangers are to Arrowe Park Hospital.”

At this point Councillor Leslie T Byrom (who is Vice-Chair and was chairing the meeting as the Chair was absent) pointed out that Les Spencer had used up his five minutes. Councillor Lesley Rennie asked for more time but Councillor Byrom refused to any extra time for Les Spencer.

The Vice-Chair then asked if there was anyone with a contrary view to what had been said?

Tommy Hughes, Vice-Chair Merseyside Fire Brigades Union speaking at the Merseyside Fire and Rescue Authority meeting on the 30th June 2015
Tommy Hughes, Vice-Chair Merseyside Fire Brigades Union speaking at the Merseyside Fire and Rescue Authority meeting on the 30th June 2015

Tommy Hughes, Vice Chair of Merseyside Fire Brigades Union indicated he wished to speak. He apologised for Mark Rowe as Mark Rowe couldn’t make it as he was in a committee meeting but said that the comments he was about to make reflected the viewpoint of Merseyside Fire Brigades Union.

Mr Hughes said, “The Fire Brigades Union I’d first of all like to state always supports local communities when we come together to fit unnecessary and damaging cuts to essential services. Yet we do in this instance agree with the Chief Fire Officer and with the Fire Authority that fire stations staffed with firefighters twenty-four hours a day, seven days a week is the most effective way to immediately deploy firefighters into their communities to save and preserve life.

We also agree that fire engines staffed with five firefighters is the safest and most efficient way to deal with the multitude of different rescue scenarios that firefighters can face every day of their working lives. Therefore the FBU are committed to defend whole time fire cover in Merseyside and also to fight to protect safe and effective crewing levels.

On a purely professional level and as firefighters, we are fundamentally opposed to the use of small fire units or target response vehicles. Their very name gives an insight to the limitations of these vehicles. They can only safely and effectively deal with small fires. What they do is they divert valuable funding away from maintaining fully staffed and crucially fully equipped fire appliances.

Firefighters clearly need the correct tools for the job to carry out effective rescues, wherever and whenever that may need to be the case. Sending firefighters to emergency incidents in transit vans or in cars severely limits what we’re able to do when we arrive at those incidents. I’m sure that you want to debate that it is no cliché that in these situations every second really does count. Every firefighter on every station in the country would echo those views.

I’d also like to say it’s not your firefighters, it’s not the Chief Fire Officer and it’s not the Authority who have caused this situation to arise. It’s the government who have forced this situation, it’s the government who have forced this situation on the fire service and on the communities of Greasby and Saughall Massie.

In light of recent events in Europe and North Africa and the potential for terrorist attacks in the UK, these cuts I’m sure you’d agree look even more dangerous. That’s why the Fire Brigades Union are committed to fighting these cuts both locally and nationally although we do fear there is yet worse to come. Thanks Chair. ”

In a later part of the meeting councillors (see picture below) voted to close Upton and West Kirby fire stations. Merseyside Fire and Rescue Service will now apply to Wirral Council for planning permission for a new fire station on the Saughall Massie site.

Councillors on Merseyside Fire and Rescue Authority (30th June 2015) voting in favour of closure of Upton and West Kirby fire stations and asking Wirral Council for the land and planning permission for a new fire station in Saughall Massie
Councillors on Merseyside Fire and Rescue Authority (30th June 2015) voting in favour of closure of Upton and West Kirby fire stations and asking Wirral Council for the land and planning permission for a new fire station in Saughall Massie

If you click on any of the buttons below, you’ll be doing me a favour by sharing this article with other people.

Councillors on Merseytravel agree to increase upper age limit for MyTicket bus ticket from 15 years to 18 (including those aged 18)

Councillors on Merseytravel agree to increase upper age limit for MyTicket bus ticket from 15 years to 18 (including those aged 18)

Please accept YouTube cookies to play this video. By accepting you will be accessing content from YouTube, a service provided by an external third party.

YouTube privacy policy

If you accept this notice, your choice will be saved and the page will refresh.

Merseytravel Committee meeting of the 25th June 2015 (item 11 Making Transport Affordable for Young People)

Please accept YouTube cookies to play this video. By accepting you will be accessing content from YouTube, a service provided by an external third party.

YouTube privacy policy

If you accept this notice, your choice will be saved and the page will refresh.

Merseytravel Committee meeting of the 25th June 2015 (item 11 Making Transport Affordable for Young People)

Merseytravel Committee meeting 25th June 2015 item 11 Making Transport Affordable for Young People Foreground M'travel  officer Middle Row L to R Cllr Jerry Williams, Cllr Steve Foulkes, Cllr Malcolm Sharp, Cllr Terry Shields
Merseytravel Committee meeting 25th June 2015 item 11 Making Transport Affordable for Young People Foreground Merseytravel officer Middle Row L to R Cllr Jerry Williams, Cllr Steve Foulkes, Cllr Malcolm Sharp, Cllr Terry Shields

Councillors on Merseytravel agree to increase upper age limit for MyTicket bus ticket from 15 years to 18 (including those aged 18)

                                            

In a late item on the agenda of Merseytravel’s meeting of the 25th June 2015, was an item titled Making Transport Affordable for Young People and the report for this item is on Merseytravel’s website.

The report recommended an increase in the upper age limit eligible for a MyTicket. The upper age limit of who can purchase a MyTicket is at the time of writing 15 years, but councillors decided to increase this to 18 years (which includes people who are 18 years old) effective from the 19th July 2015. MyTicket is a £2 day ticket for bus journeys launched last year by Merseytravel and MyTickets can be bought on buses from bus drivers.

This follows campaigning by the Liverpool Youth Parliament calling for more affordable bus fares for young people.

Councillors from both the ruling Labour Group on Merseytravel and an opposition councillor welcomed the change to the MyTicket upper age limit.

Commenting on the recommendation, Councillor Les Rowlands (Conservative, Wirral Council) said, "I very, very welcome the report. It’s nice to see Merseytravel leading the way for affordable travel for teenagers. I think it’s one of the biggest problems teenagers face actually getting transport around so this goes a long way towards helping that. So that is absolutely superb. "

Cllr Mary Rasmussen (Labour, Liverpool City Council) said, "I think it’s absolutely amazing what the officers have managed to achieve. You know with us there shoving you all the way, I know we’ve been a pain, but quite rightly. I think the people we need to really thank though is every kid that’s stopped us in the street and said to me ‘Do you know what Mary? It’s not fair! I can’t afford to do! I can’t get to school. I can’t do this, do something about it’ and do you know we actually have but don’t forget to thank them along the way. It was them that helped us get here. Well done."

Councillor Steve Foulkes (Labour, Wirral Council) also welcomed the move and said, "Let’s be careful how we talk about it. Some people are saying eighteen, up to eighteen. It’s up to a person’s nineteenth birthday. So let’s not undersell the product in any way, shape or form. Up to their nineteenth birthday MyTicket will apply, I think we need to you know blow the trumpet loud and clear."

If you click on any of the buttons below, you’ll be doing me a favour by sharing this article with other people.

Chief Fire Officer recommends new fire station at Saughall Massie and closure of fire stations at West Kirby and Upton

Chief Fire Officer recommends new fire station at Saughall Massie and closure of fire stations at West Kirby and Upton

Chief Fire Officer recommends new fire station at Saughall Massie and closure of fire stations at West Kirby and Upton

                                                  

Dan Stephens (Chief Fire Officer, Merseyside Fire and Rescue Service) answers questions at a public consultation meeting in Saughall Massie to discuss proposals for a new fire station (20th April 2015). Kieran Timmins (Deputy Chief Executive) is on the right.
Dan Stephens (Chief Fire Officer) answers questions at a public consultation meeting in Saughall Massie to discuss proposals for a new fire station (20th April 2015)

There are four agenda items on the agenda of next week’s Merseyside Fire and Rescue Authority public meeting that relate to the decision about the future of West Kirby Fire Station and Upton Fire Station.

First (item 3) is a petition asking for Merseyside Fire and Rescue Authority to “Stop the building of the Fire Station in Saughall Massie and the destruction of precious green belt land”. At the time of writing this petition on the change.org website has 321 signatures. The comments of the signatories can be read here.

According to section 11.3 of the constitution for Merseyside Fire and Rescue Authority:

“The presentation of a petition shall be limited to not more than 5 minutes and shall be confined to reading out or summarising the subject of the petition indicating the number and description of the signatories, and making such further supporting remarks relevant to the petition as the person presenting it shall think fit.”

Item 4 is a “deputation in relation to the merger of Upton and West Kirby fire stations”. This is described on the agenda as “To consider a deputation of Wirral residents and Councillors concerning the proposed merger of Upton and West Kirby Fire Stations at the site identified in Saughall Massie.”

Section 11.4 to 11.7 of the constitution deal with the procedure for deputations:

“11.4 Any person likely to be affected by a matter in relation to which the Authority has functions, (other than employees in relation to matters of conditions of service) may ask that a deputation should be received by a meeting of the Authority. Such a request shall be made to the Proper Officer at least seven working days before the meeting to which it relates. The person making the request shall indicate the matter to which the request relates, the number (which shall not be more than five names and addresses of the persons who will form the deputation, and the member or members of the deputation who will speak for them).

11.5 On being called by the Person Presiding, the person or persons speaking for the deputation may make, during a period not exceeding five minutes, such remarks as she/he or they think fit, providing that the remarks shall relate to the matter indicated.

11.6 The Members of the Authority may, during a further period not exceeding five minutes for each deputation, ask questions of the members of the deputation. Such questions shall be asked and
answered without discussion.

11.7 Petitions shall be presented, and deputations received in the order in which notice of them is received by the Proper Officer, without making any distinction between petitions and deputations.”

Agenda item 7 is titled Wirral West Fire Cover Consultation 2 outcomes. The reports for this agenda item come to 236 pages!

Finally agenda item 8 (operational response savings options for Wirral) is the agenda item when an actual decision will be made.

This agenda item comprises of a report detailing the Chief Fire Officer’s recommendations to councillors (the following is quoted from the report and is the Chief Fire Officer’s recommendation (Wirral MBC stands for Wirral Metropolitan Borough Council and fire appliance means fire engine):

“a. approve the merger of Upton and West Kirby fire stations at a new station on Saughall Massie Road, subject to agreement from Wirral MBC to transfer ownership of the land to the Authority and the granting of planning permission;

b. approve the relocation of the West Kirby fire appliance to Upton to be crewed wholetime retained as an interim measure prior to the construction of the new station

c. amend the capital programme to incorporate the Saughall Massie fire station scheme; and

d. give delegated authority to the Chief Fire Officer (CFO) to continue discussions with partners, including Merseyside Police and North West Ambulance Service, with a view to sharing the new building.”

There are of course other options that are in theory available to councillors (but I’ll make it clear these are options which the Chief Fire Officer doesn’t recommend). These other options include the outright closure of West Kirby Fire Station and the relocation of the West Kirby fire engine to Upton Fire Station.

Due to the sheer volume of responses to this consultation, whatever I write below is going to leave something out. However I will do my best to summarise some of the responses to the consultation.

I had better also declare an interest at this point, as in the report on press articles/letters to the press on page 4 Merseyside Fire and Rescue Authority have included the blog post I wrote on the 20th April 2015 headlined Public consultation meeting in Saughall Massie on proposed new fire station (along with three comments written by Alan Dransfield, keef666 and Jean).

The people of Saughall Massie are opposed to a fire station being built at the proposed site (currently owned by Wirral Council) on Saughall Massie Road. There are a variety of reasons given ranging from traffic, green belt issues, noise/disturbance and concerns that building on the Saughall Massie Road site is inadvisable due to regular flooding.

Merseyside Fire and Rescue Service paid Opinion Research Services £19,195.00 (a spin out company of Swansea University) to do a report for the consultation. Their 49 page report details the results of a range of polling techniques including focus groups, a forum and a postal residents survey.

The deliberative forum for Saughall Massie found opposition to a new fire station there. Most of the group they asked from Upton were also opposed to the use of a greenbelt site at Saughall Massie, but at the same time supported a new fire station in the Saughall Massie area. The West Kirby group & the all Wirral forum were in favour of the Saughall Massie site being used for a new fire station. However ORS does state “deliberative forums cannot be certified as statistically representative samples of public opinion”.

A postal questionnaire was also sent out by ORS to 10,000 households (5,000 to the West Kirby Fire Station area and 5,000 to the Upton Fire Station area). Out of the 1,351 postal questionnaires that were returned a majority in both Upton (51%) and West Kirby (70%) areas went for option one (merging Upton and West Kirby fire stations by building a new fire station in Saughall Massie).

However these findings come with caveats as ORS also state:

“However, consultation is not a numbers game, in which the majority view necessarily prevails (like in a referendum), so the Fire Authority will wish to consider carefully all the arguments, evidence and considerations relevant to this case before taking its decision based upon its assessment of the public good.”

Here are some quotes from the members of the public that responded to the consultation and a link to the full 40 page document:

“As a resident of West Kirby and a mother of three young children I object to the proposals to close West Kirby fire station.

This is a ridiculous and dangerous proposal and directly increases the risk of death, from a house fire, to my family.”

“Also please provide a credible reason as to why, in a democratic and fair society, the residents of Saughall Massie’s overwhelming feelings of resistance to this proposed fire station are being overridden by the local Labour Council when equal or lesser feelings of resistance by those in Greasby were considered in full and their request to reject the proposed building of this facility (on a brown field site) was granted.”

“I live next to Saughall Massie Road and during the morning and evening “rush hours” it’s very heavily congested to a far greater extent than other local roads at these times. ”

“I object to the proposed fire station in Saughall Massie because:-

  • lives could be lost as Saughall Massie Road is already congested. Between 8am and 9.30am Mon-Fri – severe congestion
  • no open space for dogs & horses to run free
  • our properties will de-value
  • damage to wildlife habitats”

“Re Fire Station Saughall Massie Road

I would like to register my disapproval at the above. Building on Greenbelt land is out of order.”

“I would hope that you agree that Monday night’s fiasco did not satisfy the criteria as a meaningful consultation exercise. Having said that, you must be aware that the overwhelming views of the residents, both inside and on the pavement outside, was that this development does not take place at all within our precious ‘Green Belt’.”

Proposal for a fire station, Saughall Massie, Wirral

I am writing to express my concerns over the proposal to build a fire station on the greenbelt land at Saughall Massie. I live directly opposite the suggested site and am disappointed to learn of this proposal which I personally use at least twice a day to both exercise my dog and meet up with other local residents. There is also a great deal of wildlife and the beautiful Jenny’s Wood. There are water voles, bats, owls to name a few and I am sure that many of these beautiful creatures will be affected by this build if it goes ahead.

I wish to register that I am totally opposed to the build and wish my feelings to be noted.”

The Merseyside Fire and Rescue Authority will make a decision on the future of the fire stations at Upton and West Kirby at a public meeting starting at 1.00pm on Tuesday 30th June 2015 in the Liverpool Suite, ground floor, Merseyside Fire and Rescue Service Headquarters, Bridle Road, Bootle, L30 4YD. The agenda and reports for that meeting can be found on their website.

If you click on any of the buttons below, you’ll be doing me a favour by sharing this article with other people.

Merseyside Fire and Rescue Service had Upton Fire Station valued for insurance purposes at £1.1 million and West Kirby Fire Station at £1.085 million in March 2015

Merseyside Fire and Rescue Service had Upton Fire Station valued for insurance purposes at £1.1 million and West Kirby Fire Station at £1.085 million in March 2015

Merseyside Fire and Rescue Service had Upton Fire Station valued for insurance purposes at £1.1 million and West Kirby Fire Station at £1.085 million in March 2015

                                               

Dan Stephens (Chief Fire Officer, Merseyside Fire and Rescue Service) answers questions at a public consultation meeting in Saughall Massie to discuss proposals for a new fire station (20th April 2015). Kieran Timmins (Deputy Chief Executive) is on the right.
Dan Stephens (Chief Fire Officer) answers questions at a public consultation meeting in Saughall Massie to discuss proposals for a new fire station (20th April 2015)

Information revealed through a recent Freedom of Information Act request shows that Merseyside Fire and Rescue Service paid a firm of chartered surveyors to value both Upton and West Kirby fire stations in March 2015.

Upton Fire Station was valued for insurance purposes at £1.1 million (with a Depreciated Replacement Cost valuation of £590,000) with West Kirby Fire Station insurance purposes value was £1.085 million (with a Depreciated Replacement Cost valuation of £685,000).

The valuation also revealed that Upton Fire Station has an estimated economic lifespan of ten years and West Kirby Fire Station of fifteen years. In a letter accompanying the response to the Freedom of Information Act request Merseyside Fire and Rescue Service stated “Please note the attached Valuations are not market values but Depreciated replacement cost (DRC) valuations, only obtained for insurance purposes, we do not hold information about market values. The valuations have been provided in accordance with the RICS valuation – Professional Standards 2014 (“the Red Book”)”.

Despite Merseyside Fire and Rescue Service stating “we do not hold information about market values” of Upton Fire Station and West Kirby Fire Station a report to councillors on the Merseyside Fire and Rescue Authority in January 2015 stated “The costs of any new build station are referenced in Appendix F, together with an estimate of the potential income from the sale of the buildings and land at Upton and West Kirby.”

Councillors on the Merseyside Fire and Rescue Authority have passed resolutions in October 2014 and January 2015 to keep the estimated capital costs of building a new fire station (along with estimates of what they would receive from a sale of Upton Fire Station and West Kirby Fire Station) out of the public domain.

A report on the recent consultation will be published tomorrow. Councillors on the Merseyside Fire and Rescue Authority will meet next week and decide what happens next.

Out of the eighteen councillors on Merseyside Fire and Rescue Authority, the four councillors representing Wirral Council are Councillor Lesley Rennie, Councillor Denise Roberts, Councillor Jean Stapleton and Councillor Steve Niblock.

If you click on any of the buttons below, you’ll be doing me a favour by sharing this article with other people.

Can you make this election arithmetic add up?

Can you make this election arithmetic add up?

Can you make this election arithmetic add up?

                                                    

Yesterday’s blog post headlined Frank Field’s election campaign spent £254.40 on balloon gas but what else was money spent on? contained a donations page (which is below).

Birkenhead General Election 2015 election expenses return short campaign page 19
Birkenhead General Election 2015 election expenses return short campaign page 19

As you can see above, Wirral Council has removed the names and addresses of the individual donors who donated £100 and £250 to Frank Field’s election campaign.

However the legislation, s.89(1A) of the Representation of the People Act 1983 only allows them to remove addresses of individual donors to candidate’s election campaigns, not the names of individual donors too!

I have e-mailed Wirral Council requesting the names of the donors who donated £100 and £250, which shouldn’t have been blacked out when I inspected the return.

There’s also something declared in the election expenses for Frank Field’s campaign that from a technical legal perspective shouldn’t have been included as election expenses. To stand as a General Election candidate you require a £500 deposit which is refunded if you get 5% of the vote.

Birkenhead General Election 2015 election expenses return short campaign page 13
Birkenhead General Election 2015 election expenses return short campaign page 13
Birkenhead General Election 2015 election expenses return short campaign page 33
Birkenhead General Election 2015 election expenses return short campaign page 33

Obviously Frank Field got more than 5% and the deposit would have been refunded. However section 95ZA subsection 2 of the Representation of the People Act 1983 states

“(2)No election expenses are to be regarded as incurred by virtue of subsection (1) above or section 90C below in respect of any matter specified in Part 2 of Schedule 4A.”

Part 2 (General Exclusions) of Schedule 4A of the Representation of the People Act 1983 states:

7 The payment of any deposit required by rule 9 of Schedule 1 to this Act.

Rules 9 of Schedule 1 relates to the £500 deposit for parliamentary elections and is below for reference.

Deposit

9(1) A person shall not be validly nominated unless the sum of £500 is deposited by him or on his behalf with the returning officer at the place and during the time for delivery of nomination papers.

(2) The deposit may be made either—

(a) by the deposit of any legal tender, or

(b) by means of a banker’s draft, or

(c) with the returning officer’s consent, in any other manner (including by means of a debit or credit card or the electronic transfer of funds) .

but the returning officer may refuse to accept a deposit sought to be made by means of a banker’s draft if he does not know that the drawer carries on business as a banker in the United Kingdom.

(3) Where the deposit is made on behalf of the candidate, the person making the deposit shall at the time he makes it give his name and address to the returning officer (unless they have previously been given to him under section 67 of this Act or rule 6(4) above).

However moving on from trivial matters, to the more serious issue of how you split expenses incurred jointly between two campaigns.

Below are the declarations of Phil Davies and his election agent Jean Stapleton about Phil Davies’ election expenses return in Birkenhead and Tranmere stating that to the “best of my knowledge and belief it is a complete and accurate return as required by law”.

Jean Stapleton election expenses declaration Birkenhead and Tranmere 2015
Jean Stapleton election expenses declaration Birkenhead and Tranmere 2015
Phil Davies election expenses declaration Birkenhead and Tranmere 2015
Phil Davies election expenses declaration Birkenhead and Tranmere 2015

There are maximum expenditure limits for local election candidates, which are set at £740 + 6 pence per an elector. As there were 9,525 electors in Birkenhead and Tranmere this means the maximum expenditure limit comes to £740 + (£0.06 times 9,525) = £1,311.50 . You can see this amount used for Phil Davies’ election expenses return below.

Election expenses return Birkenhead and Tranmere 2015 Phil Davies
Election expenses return Birkenhead and Tranmere 2015 Phil Davies

Spending over these limits is classed as an illegal practice, see section 76 of the Representation of the People Act 1983 and if the candidate and/or agent “knew or ought reasonably to have known that the expenses would be incurred in excess of that maximum amount” then a court can find them guilty of an illegal practice and they could be barred from standing in the by-election that would result.

The total spent by Phil Davies’ campaign as declared on the election expenses return was £1,266.17 as you can see from this page below.

Election expenses total spending Birkenhead and Tranmere Phil Davies 2015
Election expenses total spending Birkenhead and Tranmere Phil Davies 2015

Electoral Commission guidance (see the bottom of page 81 here states on the issue of splitting expenses:

The honest assessment principle

5.19 In all cases you should make an honest assessment, based on the facts, of the proportion of expenditure that can fairly be attributed to your candidate spending.

5.20 This is important, because when you sign the declaration for your election expenses return, you are confirming that the return is complete and correct to the best of your knowledge and belief.

As part of the campaigns of Frank Field and Phil Davies a joint leaflet was put out and the total costs of £1,511 were split between the two campaigns.

Birkenhead General Election 2015 election expenses return short campaign page 23
Birkenhead General Election 2015 election expenses return short campaign page 23

As you can see below £377.75 of the joint leaflet was attributed to Frank Field’s campaign.

Birkenhead General Election 2015 election expenses return short campaign page 22
Birkenhead General Election 2015 election expenses return short campaign page 22

The invoice submitted as part of Phil Davies’ election expenses return show that the remaining (£1500 – £377.75) = £1133.55 was split five ways equally between the campaigns for Bidston & James, Birkenhead & Tranmere, Claughton, Prenton and Rock Ferry.

Phil Davies election expenses invoice joint leaflet
Phil Davies election expenses invoice joint leaflet

The portion of this leaflet attributed to Phil Davies’ campaign was £226.65.

However different amounts of leaflets were printed for each area (as you can see on the invoice). 7,263 for Bidston & St. James, 8,055 for Birkenhead and Tranmere, 6,787 for Claughton, 6,974 for Rock Ferry and 6,090 for Prenton.

This total comes to 35,169 leaflets. The proportion for Birkenhead and Tranmere was 8,055. 8,055 divided by 35,169 = 22.9%. 22.9% of £1133.55 = £259.58 (£32.93 higher than the number used when it is instead just split five ways instead).

This wasn’t the only joint leaflet between Frank Field’s and Phil Davies’ campaign though. There was also the “Vote Twice” leaflet. As you can see below, £243 of this was attributed to Frank Field’s campaign.

Birkenhead General Election 2015 election expenses return short campaign page 22
Birkenhead General Election 2015 election expenses return short campaign page 22

Here’s the invoice for the vote twice leaflet submitted with Phil Davies’ election expenses return.

Phil Davies Birkenhead and Tranmere election expenses vote twice invoice
Phil Davies Birkenhead and Tranmere election expenses vote twice invoice

This is where I can’t even understand how the split used has been arrived at.

£972 – the proportion paid for by Frank Field’s campaign (£243) = £729

The invoice states:

VOTE TWICE leaflets
QTY 3000 CLAUGHTON/PRENTON
QTY 4000 BIDSTON/ROCK FERRY/BIRKENHEAD

Handwritten on the invoice is “BIRKENHEAD & TRANMERE SHARE = £139.80 ONLY DELIVERED 3600 leaflets = £71.90”

If £729 was split five ways it would come out as £145.80 per a ward.
If £729 is split by numbers of leaflets delivered in Birkenhead and Tranmere it would be £729 * (3600/7000) = £374.91.

If the amount for the proportion of leaflets for Bidston/Rock Ferry/Birkenhead (4000) is calculated as 4000/7000 * £729 = £416.57. Then as it’s for three wards it’s divided by three, £416.57/3 = £138.86 (which is near enough to one of the figures used of £139.80).

However this figure (£139.80 would be for 1333 leaflets (4000 divided by 3)). For some bizarre reason 3600/7000 has been used to arrive at a proportion of £138.86 as £71.90. Doing it this way appears to be incorrect (to me anyway as logically if 3600 leaflets were delivered instead of 1333 it should lead to an increased not decreased amount).

If 3600 leaflets were delivered in Birkenhead and Tranmere then the figure should have been (£972 – Frank Field’s share (£243)) * (3600/7000) = £374.91 (£303.10 higher then declared).

The net effect of using of both these calculations under the “honest assessment principle” of sharing costs between these joint leaflets is to increase the expenditure on this campaign by £32.93 + £303.10 = £336.03.

This would make the total expenditure £336.03 + £1,266.17 = £1602.20 (massively above the maximum expenditure limit of £1,311.50).

So who’s got their figures wrong, myself or Phil Davies and his agent?

If you click on any of the buttons below, you’ll be doing me a favour by sharing this article with other people.