Author: John Brace

New media journalist from Birkenhead, England who writes about Wirral Council. Published and promoted by John Brace, 134 Boundary Road, Bidston, CH43 7PH. Printed by UK Webhosting Ltd t/a Tsohost, 113-114 Buckingham Avenue, Slough, Berkshire, England, SL1 4PF.

Birkenhead County Court: An Interesting Afternoon | Mr John Brace v Cllr Alan Brighouse on behalf of Birkenhead Liberal Democrats and Liberal Democrats (the Federal Party) on behalf of Liberal Democrats

Birkenhead County Court: An Interesting Afternoon | Mr John Brace v Cllr Alan Brighouse on behalf of Birkenhead Liberal Democrats and Liberal Democrats (the Federal Party) on behalf of Liberal Democrats

Birkenhead County Court: An Interesting Afternoon | Mr John Brace v Cllr Alan Brighouse on behalf of Birkenhead Liberal Democrats and Liberal Democrats (the Federal Party) on behalf of Liberal Democrats

                          

I had an interesting afternoon at Birkenhead County Court as I was there for a case. Lady Luck seemed to be smiling on me as I was the first case (application hearing) starting at 2 p.m. in front of that particular judge.

Neither of the two defendants (Cllr Alan Brighouse on behalf of Birkenhead Liberal Democrats or Liberal Democrats (The Federal Party) on behalf of Liberal Democrats bothered to turn up and the Judge graciously granted the court order I requested. A thank you goes also to my McKenzie Friend, Leonora Brace for her help.

If only life was always this easy….

Edit: 11/11/2013 The above blog post didn’t contain much detail as it was an ongoing legal matter at the time that had not concluded. The application hearing related to who the defendants were. After the case had been filed the Liberal Democrats (the Federal Party) on behalf of Liberal Democrats (a David Allworthy replied on their behalf) had tried to get both defendants changed to Chris Fox (at the time this application was heard Chris Fox was a former Chief Executive of the Liberal Democrats).

However my application was to restore the original defendants in this case which were Cllr Alan Brighouse on behalf of the Birkenhead Liberal Democrats and Liberal Democrats (the Federal Party) on behalf of the Liberal Democrats. The Judge agreed to do this in an unopposed application.

The matter went to a final hearing at the Birkenhead County Court on the 18th April 2012. Cllr Alan Brighouse appeared on behalf of the Birkenhead Liberal Democrats (accompanied by Roy Wood). Deputy District Judge Ireland agreed with the plantiff (myself) that the defendants (Cllr Alan Brighouse on behalf of the Birkenhead Liberal Democrats and Liberal Democrats (the Federal Party) on behalf of Liberal Democrats had breached s.7 of the Data Protection Act 1998 c.29 and a court order issued under s.7 ss.9 of the Data Protection Act 1998 c.29 was issued by the Birkenhead County Court in my favour ordering the defendants to comply.

Council (Wirral Council) 12/12/2011 Part 5 Agenda Item 6 Matters Requiring Approval By The Council, Item 7: Matters for Noting, Item 8: Questions

Agenda Item 6: Matters Requiring Approval By The Council

The Mayor asked for agreement of items (i)  Minute 175 (Cabinet – 3/11/11) – Provision for Inflation 2012/13, (ii) Minute 198 (Cabinet – 24/11/11) – Insurance Fund Budget 2012/13  and (iv)  Minute 211 – Council Tax Base 2012/13.

Items (i), (ii) and (iv) were agreed.

Items (iii) Minute 210 – Corporate Plan 2012/13, (iv) Minute 215 – Capital Programme and Financing 2012-15 and (vi) Minute 216 – Budget Projections 2012-15 in accordance with Standing Order 7(2) were dealt with as Agenda Item 10 (Matters for Debate).

Agenda Item 7: Matters for Noting

Minute 232 (8/12/11) – Local Account (Reason – waiving of call-in) was noted.

Agenda Item 8: Questions

The Mayor invited Mr. John Brace (a member of the public) to address his first question to Cllr Steve Foulkes. John Brace addressed his question to Cllr Steve Foulkes. Cllr Steve Foulkes answered his question. John Brace addressed his supplementary question to Cllr Steve Foulkes. Cllr Steve Foulkes answered his supplementary question. Cllr Jeff Green wanted to ask a supplementary question but was refused permission by the Mayor.

For a transcript and video of this part of this agenda item see Part 1.

Cllr Pat Williams addressed a question to Cllr Harry Smith (Cabinet Member for Streetscene and Transport) about 20mph zones.

Cllr Harry Smith answered Cllr Pat Williams’ question.

The Mayor asked Cllr Pat Williams if she had a supplementary question.

A question of Cllr Ann Bridson (representing Prenton) was asked by Cllr Stuart Kelly of one of Wirral Council’s Merseytravel representatives on the subject of a new station for Prenton and Beechwood on the Bidston – Wrexham Borderlands line as well as electrification.

The question was answered by the Merseytravel representative.

The Mayor asked Cllr Ann Bridson (and Cllr Stuart Kelly) if they wished to put a supplementary question.

Council (Wirral Council) 12/12/2011 Part 4 Agenda Item 3 (Petitions), Agenda Item 4 (Minutes), Agenda Item 5 (Leader’s Announcements)

Agenda Item 3 Petitions

Cllr Lesley Rennie presented a petition of 92 residents of Wallasey who wanted improvements to road safety in reference to a primary school.
Cllr Stuart Wittingham presented a petition of 58 from Ackers Road, Woodchurch.

Edit: 20/12/2011 Apologies to Cllr Steve Williams as this blog post initially incorrectly stated that he presented the petition of 58 from Ackers Road, Woodchurch when this should have been Cllr Stuart Wittingham. [7]

Cllr Harry Smith presented a petition of approximately 600 from Pensby & Thingwall about road safety at a primary school there. He said this was a rolling petition.

Cllr Harry Smith took his petition to the one of the committee clerks.

Agenda Item 4: Minutes

The minutes of the meeting held on the 11th October 2011 were agreed and the minutes of the meeting held on the 17th October 2011 were agreed.

Agenda Item 5: Leader’s Announcements

Cllr Steve Foulkes said on a high note he thanked Madam Mayor for hosting the Queen on her recent visit and wished that more councillors could have been invited. They had invited the voluntary sector and the Armed Forces to a one hour lunch and it had been a “great day”. He thanked Cllr Tom Harney and Cllr Jeff Green and said they had not had a royal visit for some time. Cllr Foulkes was proud of what we showed the Queen and made a plea to councillors to think.

As Leader of the Council, the corporate governance reforms were proceeding. There was a deadline of April 2012, which depended on the ability of the Corporate Plan which was linked to the 2012/13 Budget. He said it hadn’t happened before that the Corporate Plan had to be taken to a Scrutiny Committee. However a compromise had been reached. There would be a special meeting of the Scrutiny Committee and a special Council meeting by the 9th January 2012. This would allow things to be read and for issues to feed back into the 2012/13 Budget.

Madam Mayor thanked Cllr Steve Foulkes.

Council (Wirral Council) 12/12/2011 Part 3 Agenda Item 2 (Declarations of Interest)

Agenda Item 2: Declarations of Interest

Cllr Bill Davies asked a question of Bill Norman for advice on whether councillors had to declare trade union membership as an interest and if so what type.

Bill Norman said in his opinion, it was a personal interest, (and therefore needed to be declared) unless it affected a councillor’s decision-making of deciding the public interest in such a significant way, that it became a prejudicial interest. If it became the latter the councillor would have to declare it as a prejudicial interest.

Various interests were then declared by councillors including:-

Cllr Steve Foulkes said something about safety and press inference. He declared an interest in Notice of Motion 14 (FAIRNESS, NOT FAVOURS) because of his membership of USDAW.
Cllr Phil Davies declared an interest in Notice of Motion 14 (FAIRNESS, NOT FAVOURS) because of his membership of UNISON.
??? declared declared an interest in ??? because of his/her membership of UNISON.
Cllr George Davies declared an interest in ??? with respect to ???.
Cllr Ann McLachlan declared an interest in Notice of Motion 14 (FAIRNESS, NOT FAVOURS) with respect to her membership of UNITE.
Cllr Brian Kenny declared an interest in Notice of Motion 14 (FAIRNESS, NOT FAVOURS) because of membership of UNISON.
Cllr ????, declared an interest in Notice of Motion 14 (FAIRNESS, NOT FAVOURS) because of membership of UNITE and UNISON.
Cllr Adrian Jones declared an interest in Notice of Motion 14 (FAIRNESS, NOT FAVOURS) because of membership of two trade unions.
Cllr Jeff Green declared an interest in Notice of Motion 14 (FAIRNESS, NOT FAVOURS) because of membership of PROSPECT.
Cllr ?? declared an interest in Notice of Motion 14 (FAIRNESS, NOT FAVOURS) because of membership of EQUITY.
Cllr Ian Lewis declared an interest.
Cllr Paul Doughty declared an interest in Notice of Motion 14 (FAIRNESS, NOT FAVOURS) with respect to his trade union membership.
Cllr Pat Glasman declared an interest.
Cllr ??? declared an interest in Notice of Motion 14 (FAIRNESS, NOT FAVOURS) because of his/her membership of UNISON.
Cllr Bernie Mooney declared an interest in Notice of Motion 14 (FAIRNESS, NOT FAVOURS) because of her membership of UNITE.
Cllr John Salter, declared an interest/s because of ???
Cllr Lesley Rennie, declared a personal interest in Notice of Motion 16 (CUTS TO LOCAL TRANSPORT PLAN) due to her membership of Merseyside Fire and Rescue Authority.
Cllr Ian Lewis, declared an interest/s because of….
Cllr Sheila Clarke declared an interest/s because of…
Cllr ?? declared an interest in Notice of Motion 14 (FAIRNESS, NOT FAVOURS) because of their membership of UNISON.

There may have been other declarations of interest, but unfortunately the pen I was using was running out and from where I was sitting in the Council Chamber behind the Labour councillors also very difficult to hear those councillors who were far away.

Council (Wirral Council) 12/12/2011 Part 4 Agenda Item 3 (Petitions), Agenda Item 4 (Minutes), Agenda Item 5 (Leader’s Announcements)

Council (Wirral Council) 12/12/2011 Part 2 Agenda Item 1 (Mayor’s Communications)

Present (64):

Cllr Moira McLaughlin Mayor
Cllr Gerry Ellis Deputy Mayor
Cllr Bob Wilkins
Cllr Phil Gilchrist
Cllr John Salter
Cllr Tom Harney
Cllr Mrs Kate Wood
Cllr Sheila Clarke MBE
Cllr Jim Crabtree
Cllr George Davies
Cllr Phil Davies
Cllr Bill Davies
Cllr Mrs Pat Williams
Cllr David M Elderton
Cllr Steve Foulkes
Cllr Tom Anderson
Cllr Jerry Williams
Cllr Jeff Green
Cllr John Hale
Cllr Ann Bridson
Cllr Paul Hayes
Cllr Andrew Hodson
Cllr Ron Abbey
Cllr Peter Johnson
Cllr Geoffrey Watt
Cllr Adrian Jones
Cllr Sue Taylor
Cllr James Keeley
Cllr Stuart Kelly
Cllr Brian Kenny
Cllr Ian Lewis
Cllr Jean Stapleton
Cllr Walter Smith
Cllr Ann McLachlan
Cllr Chris Meaden
Cllr Dave Mitchell
Cllr Simon R Mountney
Cllr Steve Niblock
Cllr Cherry Povall, JP
Cllr Tony Smith
Cllr Lesley Rennie
Cllr Denise Roberts
Cllr Les Rowlands
Cllr Chris Blakeley
Cllr Harry Smith
Cllr Steve Williams
Cllr Irene Williams
Cllr Denise Realey
Cllr Don McCubbin
Cllr Anne McArdle
Cllr Peter Kearney
Cllr Stuart Wittingham
Cllr Mark Johnston
Cllr Alan Brighouse
Cllr Eddie Boult
Cllr Patricia Glasman
Cllr Darren Dodd
Cllr Wendy Clements
Cllr Joe Walsh
Cllr Pat Hackett
Cllr Tony Cox
Cllr Adam Sykes
Cllr Chris Jones
Cllr Paul Doughty
Cllr Bernie Mooney
Cllr Mike Hornby

AGENDA ITEM 1: MAYOR’S COMMUNICATIONS

Apologies (for not being there) were given by Cllr Chris Blakeley (for Cllr John Hale not being able to attend) and a Labour councillor on behalf of Cllr Steve Niblock. The Mayor relayed the sad news that a former Labour councillor called Peter James McCarthy, who had represented Park Ward in Bebington County Borough Council from 1972-1974 and Bebington ward from 1974 to 1980, had died.

She also informed those present of nominations in the ScottishPower/Trinity Mirror Your Champions award. She said there had been nominations in all five categories (two of whom had won). These nominees were Ryan Hanlon (regional Sports Champion category), Lance Corporal Alan Redford (regional Champion Person of the Year category), Abigail Snowden (Young Person category), Calday Grange Grammar School’s LeJog team (Team category) and Ken McDermott (Volunteer category).  The Mayor also referred to the Military Cross that Lane Corporal Alan Redford had received. The nominees were all invited to a reception in the Mayor’s Parlour. The Mayor’s Chaplain, Reverend Bernard McConnell led the Council in prayers.

Continues at Council (Wirral Council) 12/12/2011 Part 3 Agenda Item 2 (Declarations of Interest).