Wirral Council takes 5 minutes to U-turn on libel threat over Graham Burgess golf email to councillors

Wirral Council takes 5 minutes to U-turn on libel threat over Graham Burgess golf email to councillors

Wirral Council takes 5 minutes to U-turn on libel threat over Graham Burgess golf email to councillors

                           

Wirral Host of the Open Championship 2014

Yesterday’s blog post about Graham Burgess inviting councillors to the Open Golf Championship seems to have hit a raw nerve somewhere at Wirral Council as it led to an email from Wirral Council’s Head of Legal and Member Services being sent to myself this morning which in the interests of openness and transparency I include below (along with a further email from Surjit Tour five minutes later withdrawing his original email and my response to the original email).

from: Tour, Surjit
to: John Brace
date: 4 July 2014 10:06
subject: Your Blog – (A Blog about Wirral Council, Wirral Council’s Councillors and Officers) – Fraudulent Email
mailed-by: wirral.gov.uk

Dear Mr Brace

Your Blog – (A Blog about Wirral Council, Wirral Council’s Councillors and Officers) – Fraudulent Email

It has been brought to my attention that you have posted on your blog (referred to above) an entry dated 3 July titled “Graham Burgess invites Wirral Council Councillors to 5 days of the Open Gold Championship”.

The blog purports to include an email dated 12 June 2014 (timed at 11:49) from Graham Burgess to Wirral Councillors. The content of the email has been edited and is fraudulent and misleading.

This is clearly a serious matter and I formally request that you immediately remove the email and the associated commentary concerning this subject matter from your blog.

The Council would prefer to avoid taking action in respect of this entry; however, I must put you on notice that the Council will have little alternative but to consider alternative action should you refuse or fail to remove this entry from your blog forthwith.

I would be grateful if you would confirm how you came into possession of the aforementioned email and/or its content.

I look forward to hearing from you.

Yours sincerely

Surjit Tour
Head of Legal & Member Services
and Monitoring Officer

Department of Transformation and Resources
Wirral Metropolitan Borough Council
Town Hall
Brighton Street
Wallasey
Wirral
CH44 8ED

Tel: 0151 691 8569
Fax: 0151 691 8482
Email: surjittour@wirral.gov.uk

Visit our website: www.wirral.gov.uk

**********************************************************************
This email and any files transmitted with it are confidential and
intended solely for the use of the individual or entity to whom they
are addressed. If you have received this email in error please notify
the system manager.
This footnote also confirms that this email message has been swept by
MIMEsweeper for the presence of computer viruses.
www.clearswift.com
**********************************************************************

from: Tour, Surjit
to: John Brace
date: 4 July 2014 10:11
subject: Recall: Your Blog – (A Blog about Wirral Council, Wirral Council’s Councillors and Officers) – Fraudulent Email
mailed-by: wirral.gov.uk

Tour, Surjit would like to recall the message, “Your Blog – (A Blog about Wirral Council, Wirral Council’s Councillors and Officers) – Fraudulent Email”.

**********************************************************************

This email and any files transmitted with it are confidential and
intended solely for the use of the individual or entity to whom they
are addressed. If you have received this email in error please notify
the system manager.
This footnote also confirms that this email message has been swept by
MIMEsweeper for the presence of computer viruses.
www.clearswift.com

**********************************************************************

Dear Mr. Tour,

Thank you for your email. Might I take the opportunity to correct you that you have given it an incorrect title using “Open Gold Championship” instead of “Open Golf Championship” .

You state “The content of the email has been edited and is fraudulent and misleading.” yet you do not specify how the email has been edited, or is fraudulent or misleading.

You ask me to remove the associated commentary, which I presume by that you mean comments left by individuals in response to the blog post. Respectfully I direct you to The Defamation (Operators of Websites) Regulations 2013 in respect of the blog post and comments.

Regulation 2 requires a notice of complaint to contain the information outlined below (along with other legal requirements not specified here):

(c) set out the aspects of the statement which the complainant believes are

(i) factually inaccurate; or

(ii) opinions not supported by fact;

which your email does not.

In respect of comments that I have not written on that blog post, as a valid notice of complaint has not been received, s. 5(2) of the Defamation Act 2013 states “It is a defence for the operator to show that it was not the operator who posted the statement on the website.”

I might also point out there is existing case law which bans “The Council” starting a libel action.

I refer you to the famous case law in this matter which was decided in the House of Lords in Derbyshire County Council v. Times Newspapers Limited and others and I quote from that judgement “The same applies, in my opinion, to local authorities. In both cases I regard it as right for this House to lay down that not only is there no public interest favouring the right of organs of government, whether central or local, to sue for libel, but that it is contrary to the public interest that they should have it. It is contrary to the public interest because to admit such actions would place an undesirable fetter on freedom of speech.”

Thank you for your request asking me “I would be grateful if you would confirm how you came into possession of the aforementioned email and/or its content.”

If I was to reveal the source of the email, it would damage my reputation as the press have to protect their sources of information. I’m sorry but I cannot tell you.

Yours sincerely,

John Brace

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Graham Burgess invites Wirral Council councillors to 5 days of the Open Golf Championship

Graham Burgess invites Wirral Council councillors to 5 days of the Open Golf Championship

Graham Burgess invites Wirral Council councillors to 5 days of the Open Golf Championship

                        

The new councillor for Birkenhead and Tranmere, Cllr Pat Cleary mentions on his blog in a post “Par for the course” about Wirral Council councillors being invited to a reception at the Open Golf Championship on the 16th July.

However the invites to councillors go beyond just one reception and are for five days of the Open Golf Championship as the below email sent to councillors shows:

From:
Sent: 12 June 2014 11:49
Subject: Your Invitations to The Open Golf Championship

Dear Councillors,

Your Invitations to the Open Golf Championship

Following your invitation to attend the Member Reception on Wednesday 16th July, we would like to extend your invitations to the following days:

  • Thursday 17th – Key Business Day
  • Friday 18th – Off-shore Wind Business and Guests
  • Saturday 19th – Automotive Industry Business and Guests
  • Sunday 20th – Civic reception

Again, as there will be strict parking and security restrictions in and around the course, an exclusive park-and-ride facility will be provided from Egerton House in Birkenhead, to transfer you to and from the Royal Liverpool Golf Club in Hoylake.

I would be grateful if you could confirm the day/ days you can attend by emailing gailmooney@wirral.gov.uk as soon as possible.

Yours faithfully,

Graham Burgess signature

Graham Burgess

Chief Executive, Wirral Council

Wirral Host of the Open Championship 2014

______________________________________________________________________
**********************************************************************
This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager.
This footnote also confirms that this email message has been swept by MIMEsweeper for the presence of computer viruses.
www.clearswift.com
**********************************************************************

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Consultants, golf, politicians and Wirral Council: What could possibly go wrong?

Consultants, golf, politicians and Wirral Council: What could possibly go wrong?

Consultants, golf, politicians and Wirral Council: What could possibly go wrong?

                         

Last Friday Wirral Council published a General Exception Notice about reporting to Cabinet the results of a soft market test exercise about Wirral’s golf courses. Interestingly it says the reason for the exception notice is that there is no Cabinet meeting in August (something that is hardly unsurprising as the draft calendar of meetings for this municipal year was agreed last December). The other reason given in the notice is that the earlier a decision happens, the greater the potential savings.

The Cabinet meets on the 7th July and Claire Fish’s report at the agenda item Soft Market Testing Exercise – Golf Courses and it can be read on Wirral Council’s website. It’s not what’s in the report itself, but what’s not in the report that is surprising.

As you can read in this tender notice published back in March, Wirral Council & Chester West and Chester Council jointly issued a “prior information notice” in the supplement to the Official Journal of the European Union. This referred to a prospectus and questionnaire (which were given to those responding to the notice) to decide whether there would be interest from golf operators in running eight golf courses (seven of which are in Wirral). Wirral Council was down as the contracting authority for this exercise, however the telephone number and email contact details given are that of a business consultancy called V4 Services Limited based in Stafford.

Wirral Council’s list of invoices over £500 paid for the month of April, which you can find on this page shows a payment made to V4 Services Limited for £18,757.68 from the technical services department with the description being “consultants”. This amount of £18,757.68 isn’t mentioned in the report, nor is any reference made to V4 Services Limited. As a slight aside I suppose no-one except me has yet spotted that the link to the pdf file for the May payments on that page, is in fact an identical file to the pdf for April payments?

There is a curious grammatical error made five times in the report that you wouldn’t expect the author of the report (Claire Fish (Strategic Director – Families and Wellbeing) on a salary of £121,807) to make. Here are the examples if it from the report (highlighted in bold):

  • 1.3 “Other Council’s have found that similar arrangements can eliminate subsidy entirely”
  • 3.2 “The terms of any agreement or leasehold interest would be determined if the Council’s proceed, and with dialogue the Council’s will seek to secure best consideration.”
  • 3.3 “Both Council’s made it very clear in the documentation released they are open to exploring innovative ways of structuring any prospective arrangement that delivers best consideration and secures arrangements that deliver mutual benefits. At present Wirral Council maintains its own courses, and carries out the green-keeping.”
  • 3.4 “Seven (7) suppliers completed and returned the market questionnaire with varying levels of interest across both Council’s, between full 18 hole golf courses and smaller, pitch and putt courses.”

There’s also a bit of the report that makes no sense at all, under the “legal implications” section is the rather cryptic “This report is based on the structure of delegation”. In my opinion vast sections of the report sound not like they’ve been written by Claire Fish at all, but by consultants. If V4 Services Ltd have been paid £18,757.68 for the soft market testing exercise (that could’ve been done by Wirral Council using in-house resources) they have a vested financial interest in persuading Cabinet to agree to proceed to the next stage of a full procurement exercise (that V4 Services will probably argue they are in a better position to run than anyone else as they ran the soft market testing exercise). So what do you think?

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EXCLUSIVE: Councillor Phil Davies agrees to pay extra £113,189 to Hoylake Golf Resort consultants based on secret report

EXCLUSIVE: Councillor Phil Davies agrees to pay extra £113,189 to Hoylake Golf Resort consultants based on secret report

EXCLUSIVE: Councillor Phil Davies agrees to pay extra £113,189 to Hoylake Golf Resort consultants based on secret report

                     

Yesterday Councillor Phil Davies agreed that consultants on the Hoylake Golf Resort project would be paid an extra £113,189 based on a report in the name of Kevin Adderley, the Strategic Director for Regeneration and Environment. David Ball, Wirral Council’s Head of Regeneration (davidball@wirral.gov.uk/0151 691 8395) had a role in preparing the report.

The report on which Councillor Phil Davies made his decision has not been made available to the public on grounds that it has “commercial sensitive information”. However the surprising decision would seem to not to comply with The Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012. The decision is a key decision however:

  • A document detailing that they wish to make a key decision was not published 28 clear days by Wirral Council before making the decision (see Regulation 9 (Publicity in connection with key decisions).
  • A notice was not published five days before the decision detailing agreement of the chair of the relevant policy and performance committee that it was an urgent decision and could not be reasonably deferred (see Regulation 10 (General Exception).
  • A notice wasn’t published claiming special urgency and detailing agreement of either the chair of the relevant policy and performance committee, Mayor or Deputy Mayor that it was urgent and couldn’t be reasonably deferred (see Regulation 11 (Cases of special urgency).
  • It’s a legal requirement that an annual report (see Regulation 19) is brought by the Leader to a meeting of all Wirral Council councillors about decisions where a case of special urgency is used since the last report. Despite this being a legal requirement since the 10th September 2012, to my recollection no such report has ever been brought to a Council meeting.

Councillor Phil Davies’s decision could still be called in by councillors as a call-in deadline of 24th April 2014 has not yet passed. The reason for the urgency was given as “to allow the OJEU Competitive Dialogue process to be finalised and a preferred developer for the Hoylake Golf Resort project to be selected and announced prior to the Open Golf Championship at Royal Liverpool in July 2014.” At least one Conservative councillor has previously asked at a public meeting about when the public will be consulted on Wirral Council’s Hoylake Golf Resort plans.

UPDATED: The extra £113,189 paid to David Langdon (AECOM) is in addition to £123,823 already agreed by Cabinet last year who also agreed to £55,000 of legal advice from Pinsent Masons LLP.
A report on Wirral Council’s website from last year details what the Hoylake Golf Resort is about.

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What Really Matters budget options, Improvement Board review, Foxfield School move, Byrne Avenue Recreation Centre, Rock Ferry High and Acre Lane sale, Fernbank Farm update, contracts and Wirral Council’s response to critical reports

What Really Matters budget options, Improvement Board review, Foxfield School move, Byrne Avenue Recreation Centre, Rock Ferry High and Acre Lane sale, Fernbank Farm update, contracts and Wirral Council’s response to critical reports

What Really Matters budget options, Improvement Board review, Foxfield School move, Byrne Avenue Recreation Centre, Rock Ferry High and Acre Lane sale, Fernbank Farm update, contracts and Wirral Council’s response to critical reports

                                 

The first half of last week saw each of the new policy and performance committees met to discuss the current What Really Matters? consultation on Wirral Council’s budget options for 2013-14.

The first policy and performance committee (Families and Wellbeing), which has a remit covering both education and social services met on Monday. As education and social care are about three-quarters of Wirral Council’s budget there was much discussion about what the impact of the budget options would be. At about two and a half hours long councillors asked questions of officers of the fifteen budget options that fell within the remit of the Families and Wellbeing Policy and Performance Committee. The budget options ranged from cutting £100,000 of funding to reduce teenage pregnancies and £60,000 to try to reduce substance misuse to getting schools to pay for school crossing patrols, the school improvement service and the early retirement costs of their staff (a saving of £1.215 million over two years). Another budget option (saving £2 million over two years) discussed was reducing the opening hours of twelve Children’s Centres. If this option is agreed then there will be a future public consultation on outsourcing the running of Wirral’s Children Centres to the private, faith or voluntary sector. As the What Really Matters consultation runs to the 6th December you can respond to the consultation by completing the questionnaire on Wirral Council’s website.

The second policy and performance committee (Regeneration and Environment) met on Tuesday evening to discuss ten budget options. Being Guy Fawkes night what politicians said was at times drowned out by fireworks, however the meeting started with the unusual scene of a committee Vice-Chair (Cllr Steve Foulkes) arguing with its Chair (Cllr Alan Brighouse). Normally a committee’s Chair is of the same political party as the Vice-Chair, but as the Lib Dems only have one representative on the Regeneration and Environment Committee the Chair and Vice-Chair are from different parties. The source of Cllr Steve Foulkes’ ire towards Cllr Alan Brighouse was about a Oxton Lib Dem Focus in which Cllr Foulkes claimed that Cllr Alan Brighouse was critical (or at least was associated with critical comments about) the What Really Matters? consultation. The rest of the meeting was about the budget options ranging from the not particularly controversial (the Floral Pavilion or Floral Hall as one councillor called it charging a £1 booking fee on tickets), to the Friends of Birkenhead Kennels running Birkenhead Kennels resulting in its opening hours reducing to 8am to 8pm (from a twenty-four hour service), cancelling maintenance of the non-golf and non-football pitch parts of Arrowe Park as well as cancelling maintenance of “fourteen local parks, thirty-two natural and semi-natural green spaces, and forty-four amenity green spaces”, switching off more street lights (alternate lights in residential areas) to charging at car parks at Fort Perch Rock, Royden Park, Wirral Country Park, Eastham Country Park and Arrowe Country Park. The charging at these five car parks is particularly unpopular with the public and a petition against introducing car parking charges at Eastham Country Park has attracted over a thousand signatures.

Wednesday saw the Transformation and Resources Policy and Performance Committee meet to consider five budget options and there were more fireworks. Cllr Chris Blakeley who welcomed the new councillor Matthew Patrick followed by saying that “might be the only kind word you’ll hear from me” wanted the meeting adjourned and resumed after the consultation had finished. The four Conservative councillors voted for an adjournment but were outvoted by the Labour councillors, a Lib Dem councillor and an independent councillor. The budget options they discussed (although the Conservative councillors decided not to ask any questions after being outvoted over having an adjournment) was to axe the Council Tax discount of 7.76% to the over 70s (or in an option that saved less money limit the discount to Band A, B and C properties), increasing what Wirral Council charges for its costs for Magistrate’s Courts summons for Council Tax non-payment or business rates non-payment from £85 to £95, charging people extra when they use their credit card to pay Wirral Council for something, an option involving merging their telecommunications contracts, reviewing mobile phone usage and buying cheaper printing equipment and finally transforming Wirral Council (basically making five hundred staff redundant and reducing redundancy payments to the legal minimum).

Thursday saw a meeting of Wirral Council’s Cabinet. A revised recommendation for item 17 (progressing neighbourhood working including strategic reviews of street scene and community safety) was agreed that requested a further report and delegated future decisions about this area to individual Cabinet portfolio holders. The financial monitoring halfway through the Council’s financial year projected nearly a £600,000 underspend. However most of the underspend was agreed to be set aside to meet future restructuring costs with £100,000 released from reserves for spending to do with the Open Golf tournament next year. Cllr Phil Davies also made a comment about car parking charges and stated that the income from car parks had gone up this year to £1.4 million compared to £1.2 million the previous year (although not as much as expected). He singled out Cllr Stuart Kelly for particular criticism for commenting on the car parking charges shortfall in the press and used this opportunity (as many Wirral Labour councillors do) to blame their problems on the Coalition government finishing by calling on opposition councillors to “be more responsible”. He also reported that Wirral Council had received almost all of its Icelandic investment back and were confident of receiving the whole amount.

Cllr Ann McLachlan gave an update on the Improvement Board. There is a consultation on a review of the Improvement Board’s work followed by a public question and answer session of the Improvement Board on Friday. As part of its review a report has been published which makes for interesting reading including the view of the Improvement Board that when it first started its work that Wirral Council was denying it had the corporate governance problems that were identified by the Improvement Board.

The outcome of the consultation on moving Foxfield School from Moreton to Woodchurch was also reported (the Planning Committee recently granted Wirral Council planning permission for the move) and Cabinet agreed to move the school. The Chair of the Health and Wellbeing Policy and Performance Committee talked about a report produced as a review by councillors looking into the outcomes for looked after children. The report’s recommendations were agreed.

Ben Harrison of the Byrne Avenue Community Trust told the Cabinet that they had got agreement on £350,000 of funding (to match Wirral Council’s £350,000) and wanted to start work on repairing the sports hall. The Byrne Avenue Community Trust wanted to restore the building, creating employment and asked that the asset be transferred to the Byrne Avenue Community Trust. David Armstrong (the Assistant Chief Executive) talked about the history of the site, which was classed as a surplus Council asset. He pointed out that the big funders (Sports England and the National Lottery) had turned down grant applications from the Byrne Avenue Community Trust and that the Community Trust hadn’t submitted a business case to the Council. The Council’s view that was due to the presence of asbestos that the repairs would cost three or four times more than the £700,000 allocated to give it a lifespan beyond the short term and that it had very significant running costs. There were serious structural problems with the building and their concern would be that however well intentioned that it would only be partially restored. He referred to other sports facilities nearby that had been built over the last ten years. Cllr Phil Davies commented on it and his memories of the building.

Cllr Adrian Jones, the Cabinet Member for Central and Support Services expressed his regret at the unhappy position the Cabinet found themselves in. He showed photographs of rusting steel reinforced beams supported by steel acro bars that were rotting away and estimated the cost of repairs at two to three million pounds. He said that the £350,000 was desperately needed and wouldn’t be wasted or lost and that he was sure they’d go away painting him as the bad guy. Cllr Phil Davies said that the condition of the building was more serious than they’d originally been told and that £700,000 wouldn’t go near what was needed to bring it to a minimum safety standard. He referred to the nearby Oval and facilities at Prenton High School for Girls. The Cabinet agreed the recommendations in the report which were to retake possession of Byrne Avenue Recreation Centre from Byrne Avenue Community Trust, withdraw the offer of a £350,000 grant and reallocate it to other Community Asset Transfer activities, declare the asset surplus and give authority to its disposal and if sold on the open market to do so at auction. David Armstrong reassured the Byrne Avenue Community Trust that Wirral Council would allow them to make a photographic record and recover any of their property so that the community would have a record of Byrne Avenue Recreation Centre.

There was a slight change to the recommendation agreed in the report on asset management and disposals. Although Acre Lane (the former professional excellence centre) and the former Rock Ferry High school were both declared surplus to requirements, the land at Manor Drive (called Fernbank Farm) was not declared surplus to requirements due to the Birkenhead County Court case hearing on the 21st November. Cllr Phil Davies said that they had a challenge to try and find an alternative site for the pony club which he knew was much loved and cherished. He said that they wouldn’t lose anything by awaiting the outcome of the legal case and it was agreed that a decision on declaring Fernbank Farm would be deferred to the next Cabinet meeting (which would be after the court case on the 2nd December). This change to the original recommendation was agreed by Cabinet.

The Cabinet then agreed to note a report on proposed public health contracting arrangements for 2014/15 and to a further report in February 2014 which would include a recommendation to agree to all 2014/15 contracts. Cabinet also agreed the award of the reablement and domiciliary support contract to providers named in the exempt appendix.

Agreement to proceed with a joint procurement for garden waste (including the option of providing composting services in-house through the Parks and Countryside service) was agreed by Cabinet.

The Highways and Engineering Services Contract for 2014-2018 (currently run by Colas) was awarded to either BAM Nuttall, Galliford Try or North Midland Construction. The “preferred bidder” that Cabinet decided on was again in an exempt appendix. Approval to start a tender for a four year traffic signals maintenance contract (with an option for a two year extension and cost of £350,000 a year) was also given by the Cabinet.

A two year pilot of emergency accommodation for homeless sixteen and seventeen year olds was agreed by Cabinet. Finally Cllr Phil Davies welcomed the Council’s new Director of Resources (and s.151 officer) Vivienne Quayle and expressed his thanks to Jim Molloy and his work as Acting Director of Resources. The Cabinet then excluded the press and public from the remainder of the meeting which included two business grants to Wirral companies or businesses, the exempt appendix for the Reablement and Domiciliary Support Procurement contract, the exempt appendix for the Options Appraisal for the Future Treatment of Wirral’s Kerbside Collected Garden Waste, the exempt appendix for the Highway Services Contract 2014 – 2018 and exempt appendix for the Emergency Accommodation Provision for 16 and 17 Year Olds.

Later this week a special meeting of the Audit and Risk Management Committee will consider a report on Wirral Council’s response to critical reports (2010 – 2013) and a review of the Improvement Board which includes a suggestion that Wirral Council’s Audit and Risk Management Committee should co opt some independent members to itself.

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