Was legal advice given to 9 Wirral Council councillors who abstained on car parking charges vote flawed?

Was legal advice given to 9 Wirral Council councillors who abstained on car parking charges vote flawed?

Was legal advice given to 9 Wirral Council councillors who abstained on car parking charges vote flawed?

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Council (Wirral Council) Extraordinary (Car Parking Charges) 6th March 2017 Part 1 of 2

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Council (Wirral Council) Extraordinary (Car Parking Charges) 6th March 2017 Part 2 of 2

Cllr Jeff Green (right) (Leader of the Conservative Group of councillors on Wirral Council) explaining why he is opposed to Labour's plan to increase car parking charges
Cllr Jeff Green (right) (Leader of the Conservative Group of councillors on Wirral Council) explaining why he is opposed to Labour’s plan to increase car parking charges

Wirral Council councillors met on Monday evening, following a request by 21 Conservative councillors for an extraordinary meeting of Wirral Council to call on the ruling Labour administration to withdraw its plans to:

a) increase charges at all existing car parks by 20 pence from next year and

b) introduce car parking charges in Wirral’s parks.

This follows a partial U-turn by the Labour administration on the original proposals, the revised proposals can be read in this Cabinet report.

The decision in that Cabinet report is on hold as the matter has been “called in” by opposition councillors. It will be reconsidered by councillors at a public meeting starting at 3pm of Wirral Council’s Business Overview and Scrutiny Committee which meets at on Monday 13th March 2017 in Committee Room 1 on the ground floor of Wallasey Town Hall, Brighton Street, Seacombe, CH44 8ED.

Prior to the Extraordinary meeting, there was a protest outside and the public gallery was full (standing room only) to see what happened.

At the Extraordinary meeting (you can watch the full meeting in the video clips above), in addition to opposition from the Conservative councillors, the Liberal Democrat councillors also expressed their opposition to the car parking charges plans.

However the sole Green Party councillor on Wirral Council, Cllr Pat Cleary, expressed his support for Labour’s proposals as he said that introducing car parking charges at Wirral’s parks would encourage people to walk or cycle to the park instead of taking their cars.

Wirral Council’s Monitoring Officer Surjit Tour advised the fifteen councillors (plus those who may attend next Monday evening as deputies) on the Business Overview and Scrutiny Committee to not vote (abstain) on the car parking charges matter.

Interestingly Surjit Tour said the reason for this advice was that in his view voting on the matter would be considered pre-determination and specifically referred to one of the Local Government Acts.

However (what Mr. Tour didn’t mention) that legislation in one of the Local Government Acts that refers to pre-determination was repealed and replaced with new legislation in January 2012. It was replaced with Section 25 (Prior indications of view of a matter not to amount to predetermination etc) of the Localism Act 2011 which is quite clear and I quote from below.

“(2) A decision-maker is not to be taken to have had, or to have appeared to have had, a closed mind when making the decision just because—

(a) the decision-maker had previously done anything that directly or indirectly indicated what view the decision-maker took, or would or might take, in relation to a matter, and
(b) the matter was relevant to the decision.

(3) Subsection (2) applies in relation to a decision-maker only if that decision-maker—
(a) is a member (whether elected or not) of the relevant authority, or
(b) is a co-opted member of that authority.”

At least one councillor at the meeting objected to Mr. Tour’s advice on pre-determination as he felt he was elected to represent the views of residents.

At the end of the meeting there was a vote by councillors.

Twenty-four councillors voted in favour of scrapping the car park charges proposals. Thirty councillors voted against and nine councillors abstained.

The topic will be discussed again at a public meeting starting at 3 pm of Wirral Council’s Business Overview and Scrutiny Committee which meets at on Monday 13th March 2017 in Committee Room 1 on the ground floor of Wallasey Town Hall, Brighton Street, Seacombe, CH44 8ED.

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Wirral Council’s Cabinet alters car parking charges proposal following outcry

Wirral Council’s Cabinet alters car parking charges proposal following outcry

Wirral Council’s Cabinet alters car parking charges proposal following outcry

                                        

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Cabinet (Wirral Council) 20th February 2017

Cllr Stuart Whittingham (Cabinet Member for Transport) (left) about to speak on the Budget proposals 20th February 2017
Cllr Stuart Whittingham (Cabinet Member for Transport) (left) about to speak on the Budget proposals 20th February 2017

Labour councillors on Wirral Council’s Cabinet have recommended a 4.99% rise in council tax for Wirral residents next year. However once the police and fire precepts are taken into account (expected to be a 1.99% rise each) the overall effect on council tax bills will be slightly less than five percent.

The controversial on street car parking proposals have been altered with a full report on the changes available on Wirral Council’s website.

The proposal to increase the charges at all council operated car parks that currently charge by 50 pence has been reduced to a 20 pence increase. The new £4 flat rate tariff proposed for country parks (Arrowe Country Park, Royden Country Park, Eastham Country Park and Thurstaston Country Park) has been altered to 50 pence for the first hour, £1 for two hours and £2 all day.

Proposals to introduce charges for parking at Birkenhead Park, New Brighton, West Kirby, Hoylake, Heswall, Liscard, Bromborough, Bebington, Irby, Upton and Moreton have been dropped.

These altered proposals will be discussed at a meeting of all Wirral Council councillors when they meet to set the budget for next year on the evening of the 6th March 2017.

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What’s in a ~500 page contract between the Police and Crime Commissioner for Merseyside and CRG for a private company to provide detained persons and officers healthcare and medical services?

What’s in a ~500 page contract between the Police and Crime Commissioner for Merseyside and CRG for a private company to provide detained persons and officers healthcare and medical services?

What’s in a ~500 page contract between the Police and Crime Commissioner for Merseyside and CRG for a private company to provide detained persons and officers healthcare and medical services?

                                

I have a big red box file in my office.

What’s in the box you may ask?

Here’s a sample.

letter Police Crime Commissioner for Merseyside citizen audit 2015-16 page 1 of 2
letter Police Crime Commissioner for Merseyside citizen audit 2015-16 page 1 of 2
letter Police Crime Commissioner for Merseyside citizen audit 2015-16 page 2 of 2
letter Police Crime Commissioner for Merseyside citizen audit 2015-16 page 2 of 2

Well it’s the result of my citizen audit of the Police and Crime Commissioner for Merseyside for the financial year 2015-16.

Just to show how long I’ve been a journalist for, you will find on this blog reports of public meetings of the Merseyside Police Authority. A few years ago the coalition government abolished the Merseyside Police Authority and replaced it with the Office of the Police and Crime Commissioner for Merseyside.

In the box are copies of 49 invoices and details of 10 contracts.

The largest contract at ~500 pages is a contract between the Police and Crime Commissioner and Castlerock Recruitment Group LTD t/a CRG for the “Provision of Forensic Medical and Healthcare Services for the period, 21st January 2015 – 20th January 2017 with an option to extend by a further 2 years.“ which is reference PCCM / PD / 026 – Bluelight ref. 9KBD-BXVLMV .

This is perhaps the most interesting document although like many of the documents is redacted in part.

There’s also a service level agreement with Knowsley Metropolitan Borough Council and a secondment agreement with Liverpool City Council.

Some of the redactions were later challenged by myself and the Office of the Police and Crime Commissioner agreed with me that they didn’t have a legal basis to do so and released further information.

It is somewhat strange however that myself a journalist seems to have a better knowledge (from a legal perspective) over what can be redacted than the Office of the Police and Crime Commissioner. However I shouldn’t be too harsh on the OPCC for Merseyside as legal advice is a matter contracted under a SLA out to Knowsley Council (but don’t get me started on Knowsley Council and flawed legal advice!)

However the public sector as a whole has a tendency to for want of an expression take the mickey with me over redactions.

Although thankfully I rarely have to involve the judiciary in such matters.

Anyway going back to the large contract, due to its size from a time element it would take some considerable time to scan in, resize, compress and publish on the blog.

Those of a more political bent, may point out that in the public sector paying a private company for medical and healthcare services, that this falls into the political arguments over whether public services should be provided by the public sector. If provided by the private sector, ultimately less is spent on the service as a proportion ends up in profit (and presumably a different amount in taxes). For example 20% of all the money spent on CRG goes on VAT.

However, from CRG‘s last published accounts for 2015-16, they have a turnover of £34.3 million with a gross profit of 23.1%.

So out of £100 spent by the public sector with CRG, I estimate £16.69 will go on VAT, £23.10 on profit, leaving ~£60 out of every £100 on providing a service.

The contract is signed by Jane Kennedy (the Police and Crime Commissioner for Merseyside) and Laura Hale (a director of Castlerock Recruitment Group Limited).

Moving on to the Pre-Qualification Questionnaire it states that it’s for the provision of forensic and healthcare services (excluding SARCS).

SARC refers to Sexual Assault Referral Centre.

It explains that police forces and NHS Local Area Teams are working towards the transfer of commissioning responsibility for healthcare in police custody from the Home Office to the Department of Health and that the work of these Police/NHS Partnerships sits within the National Police Transition Programme.

If this happens during the life of the contract it is anticipated that the commissioning authority changes from Merseyside Police to the NHS England Lancashire Area Team and the contract will be novated.

However police forces and the NHS share contract governance, even after this change. This is done through the Strategic Healthcare Joint Partnership Board, at the time chaired by Chief Superintendant Carl Krueger, with representatives from NHS England Lancashire Area Team and NHS England (Merseyside).

PCC in the contract refers to the Police and Crime Commissioner for Merseyside.

The background explains that Merseyside Police was formed in 1974, serves a population of ~1.5 million people, covering an area of 647 sq km and five Metropolitan Borough Areas (Liverpool, Sefton, Knowsley, St Helens and Wirral).

It then describes the BCUs (Basic Command Units) in operation at the time, which was one for each borough except Liverpool split into two.

The contract refers to the three universities, two premiership football teams (Tranmere Rovers doesn’t get a mention or maybe its fans are better behaved), a rugby league team and two major racecourses. It states that in 2013, Liverpool received 57 million visitors to the region (referring to tourism). At the time of writing Merseyside Police employed over 6,000 people (*although technically police officers aren’t employees but officers of the Crown) ranging from police officers, PCSOs, support staff, Special Constabulary Officers and volunteers).

The custody suites are listed as follows (five in total) with 131 cells. There are also two mothballed custody suites which can be opened for pre-planned events and operations (which is an extra 32 cells).

Here is the list in the following format
location – BCU – Cells – Current operation

St Anne Street – Liverpool – 33 – 24/7
Wavertree – Liverpool – 20 – 24/7
Copy Lane – Sefton – 24 – 24/7
Wirral – 32 – 24/7
St Helens – 22 – 24/7 (Mothballing or reduced opening hours are currently being considered for this suite)
Southport – 12 – Mothballed
Belle Vale – South Liverpool – Mothballed

The contract states that services at the time of the contract award were provided by Medacs Healthcare (contact details Helen Kelly (Director of Managed Healthcare)) and that staff employed by Medacs may need to be TUPEd over to the new provider.

There is a list of how many detainees there are for each month from April 2013-14, how many calls there were for a healthcare professional, along with a percentage of HCP calls vs No of detainees.

The total number of detainees varies from 3,510 in April to 3,927 in July. The number of HCP calls varies from 1,698 in March to 2,217 in July. The percentage varies from 46.3% in March to 56.5% in July.

There is then a table for December 2013 of various categories of call out, split by custody suite location with totals.

For example one of the categories, category 6 is Death (All) of which there were 4 in December 2013. This is 4 out of a total of 2,011 calls for a healthcare professional.

The six major categories (all with totals over 100 call outs in that month across Merseyside) in order of calls were:

Injuries (All) – inc Officer Injury,
Fitness to – Detain, Interview, Release, Court, Travel etc,
Medication Administer / Review,
Drink / Drug Withdrawl,
Reassessment / Mental Health Reassessment,
Detainee’s Request / Complaint against police

There were also 27 listed as Taser Removal / self harm / suicide risk.

Below are the first pages of the contract that I’m referring to. Are people interested in the rest or is police officer healthcare and detained persons’ healthcare an issue you assumed was provided by the NHS?

Just to be clear, these pages are published relating to rights in the Re-Use of Public Sector Information Regulations 2015, Accounts and Audit Regulations 2015, Data Protection Act 1998 and Local Audit and Accountability Act 2014.

contract Police and Crime Commissioner for Merseyside and Castlerock Recruitment Group LTD t a CRG 1
contract Police and Crime Commissioner for Merseyside and Castlerock Recruitment Group LTD t a CRG 1
contract Police and Crime Commissioner for Merseyside and Castlerock Recruitment Group LTD t a CRG 2
contract Police and Crime Commissioner for Merseyside and Castlerock Recruitment Group LTD t a CRG 2
contract Police and Crime Commissioner for Merseyside and Castlerock Recruitment Group LTD t a CRG 3
contract Police and Crime Commissioner for Merseyside and Castlerock Recruitment Group LTD t a CRG 3
contract Police and Crime Commissioner for Merseyside and Castlerock Recruitment Group LTD t a CRG 4
contract Police and Crime Commissioner for Merseyside and Castlerock Recruitment Group LTD t a CRG 4
contract Police and Crime Commissioner for Merseyside and Castlerock Recruitment Group LTD t a CRG 5
contract Police and Crime Commissioner for Merseyside and Castlerock Recruitment Group LTD t a CRG 5
contract Police and Crime Commissioner for Merseyside and Castlerock Recruitment Group LTD t a CRG 6
contract Police and Crime Commissioner for Merseyside and Castlerock Recruitment Group LTD t a CRG 6
contract Police and Crime Commissioner for Merseyside and Castlerock Recruitment Group LTD t a CRG 7
contract Police and Crime Commissioner for Merseyside and Castlerock Recruitment Group LTD t a CRG 7
contract Police and Crime Commissioner for Merseyside and Castlerock Recruitment Group LTD t a CRG 8
contract Police and Crime Commissioner for Merseyside and Castlerock Recruitment Group LTD t a CRG 8
contract Police and Crime Commissioner for Merseyside and Castlerock Recruitment Group LTD t a CRG 9
contract Police and Crime Commissioner for Merseyside and Castlerock Recruitment Group LTD t a CRG 9
contract Police and Crime Commissioner for Merseyside and Castlerock Recruitment Group LTD t a CRG 10
contract Police and Crime Commissioner for Merseyside and Castlerock Recruitment Group LTD t a CRG 10

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What did councillors recommend Mersey Tunnel tolls should be for 2017-18?

What did councillors recommend Mersey Tunnel tolls should be for 2017-18?

What did councillors recommend Mersey Tunnel tolls should be for 2017-18?

                                     

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In the video footage above of the Merseytravel Committee (Liverpool City Region Combined Authority) Budget Meeting held on the 2nd February 2017 the Mersey Tunnel Tolls 2017-18 agenda item starts at the 1m 54s point

Cllr Jerry Williams (foreground, right) at the Merseytravel Committee meeting (Liverpool City Region Combined Authority) held on the 2nd February 2017 agenda item 5 Mersey Tunnel Tolls 2017-18
Cllr Jerry Williams (foreground, right) at the Merseytravel Committee meeting (Liverpool City Region Combined Authority) held on the 2nd February 2017 agenda item 5 Mersey Tunnel Tolls 2017-18

Councillors on the Merseytravel Committee of the Liverpool City Region Combined Authority today met and decided on their recommendation for Mersey Tunnels tolls for 2017-18. Mersey Tunnels is the name for the two tolled road tunnels between Wirral and Liverpool under the River Mersey known as the Kingsway (Wallasey) and Queensway (Birkenhead) tunnels.

Three of the four councillors appointed by Wirral Council (Cllr Steve Foulkes (Labour), Cllr Jerry Williams (Labour) and Cllr Ron Abbey (Labour)) were at the meeting and agreed to the recommendation for Mersey Tunnel tolls. Their recommendation was made to a meeting of the Liverpool City Region Combined Authority that meets tomorrow on the 3rd February 2017 to make a final decision.

The recommendation for tunnel tolls (subject to approval by the Mayor of Liverpool and Council Leaders tomorrow afternoon) will take effect from the 1st April 2017.

Tolls are agreed in four classes which are set out below.

Class 1
(a) Motor cycle with side car and 3 wheeled vehicle
(b) Motor car and goods vehicle up to 3.5 tonnes gross weight
(c) Passenger vehicle other than a motor car with seating capacity for under 9 persons

Class 2
(a) Motor car and goods vehicle up to 3.5 tonnes gross weight, with trailer
(b) Goods vehicle over 3.5 tonnes gross weight, with trailer
(c) Passenger vehicle with seating capacity for 9 or more persons, with two axles

Class 3
(a) Goods vehicle over 3.5 tonnes gross weight, with three axles
(b) Passenger vehicle with seating capacity for 9 or more persons, with three axles

Class 4
Goods vehicle over 3.5 tonnes gross weight, with 4 or more axles

Councillors recommended that all liveried emergency services vehicles (such as marked police cars, fire engines and ambulances) continue to be allowed free travel through the Mersey Tunnels in 2017-18.

Free travel for all classes of vehicle was also recommended from 10 pm on the 24th December 2016 to 6 am on the 26th December 2016.

Below is a table of the tolls recommended by councillors at the Merseytravel Committee meeting today from the 1st April 2017 to the 30th March 2018 for each class of vehicle for both the cash toll and Fast Tag toll.






 Vehicle Class  2017-18 Cash Toll  2017-18 Fast Tag Toll 
 1 £1.70£1.20
 2 £3.40£2.40
 3 £5.10£3.60
 4 £6.80£4.80

Further details of how to apply for a Fast Tag can be found on the Mersey Tunnel website.

There is also a concession scheme for Mersey Tunnel tolls for some people with a disability, again details of eligibility and how to apply can be found on the Mersey Tunnels website.

The tolls are opposed by the Mersey Tunnel Users Association who were also present at the public meeting to observe what was decided.

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EXCLUSIVE: How many pages did Wirral Council black out from a 63 page litter enforcement contract with Kingdom Security Ltd?

EXCLUSIVE: How many pages did Wirral Council black out from a 63 page litter enforcement contract with Kingdom Security Ltd?

EXCLUSIVE: How many pages did Wirral Council black out from a 63 page litter enforcement contract with Kingdom Security Ltd?

                                             

Yesterday I received through the post what I hope is the last of what I requested during the 2015-16 audit. Yes, I know that Wirral Council was supposed to supply this contract by 11th August 2016 within the 30 working day inspection period but matters move slowly at Wirral Council.

What I was sent on the litter enforcement contract I publish a copy of below. If any page is difficult to read, I’ve had to resize the images and compress them for publishing on this blog.

For those who don’t know the background is that the litter enforcement function used to be done in-house at Wirral Council. From July 2015 it was outsourced to Kingdom Security Limited. I’m rather surprised by how much has been blacked out from the contract, but the invitation to tender explains that it’s a 2 year contract with an option to extend for a year.

Wirral Council require at least 4 full-time enforcement officers and interestingly don’t issue fixed penalty notices to people under 18. Enforcement officers have to hold a SIA licence, and be “of good character, polite and confident with proven experience of dealing with conflict situations”.

The Council ask that a minimum of 4,800 fixed penalty notices are issued each year. There are two interesting bits about the press which I quote below (it’s a gagging clause).

2.10.1 Neither the Contractor nor his Employees shall give or offer to permit to be given, any information concerning the Services for use by or publication in the press or radio, television or cinema screens, or in any other media whatsoever without the written approval of the Council’s Authorised Officer.

2.10.2 The Contractor shall under no circumstances use the name of the Council in any advertisement or press release without express written permission thereof.

Here’s another interesting bit, “5.1 .. In order to incentivise the contractor to reach the minimum requirement of 4800 FPNs, the pricing schedule enables tenderers to specify a different fixed price for all justified FPN’s [sic] issued over 4800 per annum.

Unfortunately Wirral Council have decided to black out the method statements at pages 20 to 39 of the contract and the pricing schedule at pages 45 to 46. Those with long memories will remember some stories in the local press about fixed penalty notices issued, then rescinded by Wirral Council.

Below is the contract (or at least the parts Wirral Council was happy with the public seeing), many of the blacked out bits are subject to a public interest test.

Wirral Council litter enforcement contract Kingdom Security Ltd cover page 1
Wirral Council litter enforcement contract Kingdom Security Ltd cover page 1

DATED 3rd July 2015

WIRRAL BOROUGH COUNCIL

and

KINGDOM SECURITY LTD

AGREEMENT

THE PROVISION OF LITTER ENFORCEMENT

Surjit Tour
Head of Legal and Member
Services
Town Hall
Brighton Street
Wallasey
CH44 8ED

Continue reading “EXCLUSIVE: How many pages did Wirral Council black out from a 63 page litter enforcement contract with Kingdom Security Ltd?”