VIDEO: A round-up of local Wirral and Merseyside politics by John Brace (part 1)

VIDEO: A round-up of local Wirral and Merseyside politics by John Brace (part 1)

VIDEO: A round-up of local Wirral and Merseyside politics by John Brace (part 1)

                                                            

Screenshot from Youtube video of John Brace
Screenshot from Youtube video of John Brace

Below is a transcript of a video I’ve recorded about a range of local political matters. I’ve added some extra detail which I don’t say on the video in [] brackets and of course links to more detailed stories. I realised when I finished recording that I’d been talking for nearly eighteen minutes. It’s about a variety of local political issues.

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John Brace on local Wirral and Merseyside politics (part 1)


JOHN BRACE: Hello, I hope you can hear me clearly. I’m John Brace and I’m going to be filming a series of videos as due to the half term holidays next week, there’s a shortage of public meetings.

So, I thought I’d start off by looking at one of the bigger stories on my blog this week.

That was about what I said at a meeting of the Merseyside Fire and Rescue Authority to the Chair Cllr Dave Hanratty and his response about councillors’ expenses.

I suppose I’d better briefly explain what the situation is regarding councillors’ expenses and allowances.

Councillors on the Merseyside Fire and Rescue Authority are entitled to claim expenses for instance for travel to public meetings and each year they’re supposed to publish a table detailing each councillors’ name and how much has been spent over the year in expenses for that particular councillor in various categories.

In fact that’s a legal requirement, a very basic level of transparency.

However unfortunately what Merseyside Fire and Rescue Service was doing was, where they received invoices directly rather than councillors claiming back expenses they’d incurred themselves, where trips were booked through Capita, train travel that kind of thing, Merseyside Fire and Rescue Service were invoiced directly but this wasn’t appearing on the actual annual lists so that about £6,000 or so of expenses were being left off. So I have been pointing this out over the past few months.

There’s also the issue that councillors get paid allowances and on this National Insurance and presumably things like income tax were paid. Now those amounts weren’t included in the annually published lists either.

I did ask Councillor Hanratty earlier, I think it was the day before yesterday whether these amounts would be included in future, didn’t get an answer.

Asked a question about this at the Birkenhead Constituency Committee, told it was a matter for Merseyside Fire and Rescue Service/Merseyside Fire and Rescue Authority.

I think they don’t want to give me answers on this, I think they hope I’ll just stop writing about it and move on to other things. After all I think there are far less councillors getting a taxi from home to the public meetings now since I started publishing what these expenses were for.

Anyway, another news story that’s seems to be popular on the blog is that Merseytravel’s Chief Executive David Brown is leaving. I think he’s leaving from some time next month to become Chief Executive of Transport for the North. Obviously that’ll be news for people that work at Merseytravel and I suppose you’re wondering what Transport for the North is!

Well it’s a new kind of regional body that’s been set up regarding transport matters and eventually it’ll become like Merseytravel is and the Combined Authority a statutory body. So I wish him luck in his new job and I think the Deputy Chief Executive Frank Rogers will be Acting Chief Executive until councillors decide on who the permanent Chief Executive should be, which should come to a future meeting in the future.

Anyway, another thing I’ve written about on the blog recently is to do with the whole Lyndale School closure matter. Now for those who have been following this story this is probably going to repeat what you already know, but Wirral Council officers said the reason the school had to close was that from 2016/17 which is the next academic year, that funding that they’d get for education from the government would be based on pupil numbers rather than place numbers.

Now at the moment I think there are about forty places at Lyndale School and about must be a dozen or so pupils. So basically they were saying that from next year, there would be a shortfall in Lyndale School’s budget.

But this hasn’t happened!

The Cabinet still decided to close the School, but the funding changes haven’t happened, Wirral Council will get the same funding as they did the previous year.

However despite them getting the same funding, they have actually made cuts from the SEN budget because there is flexibility at Wirral Council in that they can move money around within the education budget. They’ve still got to spend it on education, but they can move money around from say that allocated for teaching assistants for special educational needs to something else within that education budget and one of the things that’s been causing pressures on the budget is that they have a massive contract, I think it’s about half way through thirty years or something.

I’ve read through the contract and it’d take too long to go into here, but it’s a contract with Wirral Schools Services Limited for basically to rebuild a number of schools, but as well as the payments that relate to that there are also payments of millions a year I think that the schools have to pay this private company for services to do with the schools. For instance I think school meals is part of it, possibly cleaning and maintenance.

So the situation had been that Wirral Council was getting a grant from the government for some of this, but the contract meant that the costs were rising each year for PFI.

What was happening was, this money was being funded outside the education budget by Wirral Council. But then a political decision was made [by Wirral Council councillors] not to do this, which meant that a few million had to be cut out of the education budget elsewhere.

Hence why special educational needs got a cut, but again one of the other interesting twists and turns that came out in the Lyndale School saga is that the whole issue of whether the School should be closed or not seemed to arise around the time there was a revaluation of the land and buildings.

Off the top of my head I think the valuation was about £2.4 million [it was actually £2.6 million]. I’d better make it clear at this stage this is a what they call a technical, what’s it called, depreciated replacement cost value. It’s not a they send in an estate agent and they say how much would would we get for this and how much would we get for the school playing fields and so on?

No, it’s more they have to have on their asset list, a list of how much their assets are because obviously as a Council they have liabilities, they have to offset that with their assets.

But it’s a great shame what happened regarding Lyndale School, it’s not closed yet, it’ll close at the end of the academic year, but I think it could’ve been handled a lot better.

Obviously there’ve been recent revelations come out that the person that chaired the consultation meetings on the Lyndale School closure wasn’t in fact a Wirral Council employee, but is a what do you call it, a temp, a temporary worker because they couldn’t recruit somebody to the post [for £775+VAT/day].

He’s called Phil Ward and the problem was that, there was quite a bit of criticism levelled at him for the way he chaired the consultation meetings. Now obviously you can criticise anybody for chairing high profile consultation meetings. I’m sure there were criticisms of how Merseyside Fire and Rescue Authority did their consultation meetings.

But moving back to Merseyside Fire and Rescue Authority, the Saughall Massie issue, it was agreed by councillors on the Fire Authority to go ahead, they’ve agreed the four or so million pounds in the capital budget and a planning application has been submitted.

Now I’ve checked on Wirral Council’s website and I can’t see a planning application there yet but obviously they have to scan it in and put it on the website for consultation so people can make their comments and so on.

The other issue is there was a vote recently on whether Wirral Council should give the land or they may get something for it I don’t know, maybe they’ll give it to them, should give this land to Merseyside Fire and Rescue Authority for this new fire station in Saughall Massie.

Now, that was a five for, five against vote with one abstention so it got deferred to another meeting.

Now obviously it would be better if Wirral Council could make a decision reasonably quickly but I understand the point that councillors made at the meeting, that they felt they were only hearing one side of the argument and that they hadn’t got the information in front of them regarding the emails that had been released under Freedom of Information Act requests, they hadn’t heard the Fire and Rescue Service’s point of view because nobody had been invited along from the Merseyside Fire and Rescue Service and basically better decisions are made by politicians when they have the facts in front of them and they don’t like making decisions if they’re going to be made fools of later when it turns out there’s something they should’ve known or was in the public domain.

An example of that New Brighton car parking Fort Perch Rock fiasco. Now that went out to budget consultation, was agreed by Cabinet, was agreed by Council but what wasn’t known at the time was that Wirral Council had a lease for the Marine Point complex and that lease said that if Wirral Council introduced car parking charges at Fort Perch Rock, that they could be introduced in the car parking elsewhere there and Liverpool Echo journalist I think it was Liam Murphy got in touch with the company that runs the Marine Point complex and they said yes they’d have to introduce charges because obviously if Wirral Council had introduced charges at Fort Perch Rock car park then it would’ve displaced some parking to the free parking elsewhere, so then they’d feel they’d have to introduce charges themselves, but once these matters came out then there was a U-turn done on it and they decided they’ll make up the budget shortfall somewhere else.

But that goes back to my point about politicians having the information in front of them so they can make reasonably informed decisions. Now the reports that go before officers, sorry politicians whether that’s at Wirral Council, Liverpool City Council, Merseyside Fire and Rescue Service, Merseytravel and so on are written by officers. That is employees of the particular public body that the politicians are politicians for.

But there’s a question of, officers can have a particular point of view and make a recommendation and therefore ask the councillors to approve it, but officers aren’t actually going to know everything, but where do the public fit in all this?

Because of course in an ideal world, like for instance the Planning Committee yesterday where the public gets to speak for five minutes if they’ve got a qualifying petition. In an ideal world, if you were making a decision, say a major decision about a fire station being built, well that’s two decisions really, it’s a planning decision and whether Wirral Council give them the land. When you’re making a major decision like that, then not only should you have some sort of consultation with the public and by consultation I don’t mean publishing the papers for the meeting a week before, although that does give some advance warning so people can lobby the decision makers.

I’m talking about that people who are affected by the decision should have their say at a public meeting and I know there’ve been consultation meetings, that the Merseyside Fire and Rescue Service have run and that’s fine. But what I’m saying is the ball’s now in Wirral Council’s court, there has to be the usual consultation on planning applications, but it’s a very emotive issue.

And I think basically if I can sum up the positions, Merseyside Fire and Rescue Service have received a grant for some of the cost of this fire station and of course with the West Kirby and Upton fire stations being closed, they’ll receive something for the sale of those but basically they want to build it now in Saughall Massie because the site in Greasby has been withdrawn.

But the problem is that this is greenbelt land and there’s a lot of resistance from the residents regarding a fire station there.

Now in the not too distant past Merseyside Fire and Rescue Service did put in a planning application for a temporary fire station in Oxton while Birkenhead Fire Station was being rebuilt. I know that was later withdrawn but that caused a similar level of fuss and outrage and politicians saying they were against it and so on.

But the problem was that was only a temporary ~12 month arrangement, eventually they found some way round finding somewhere else. But the same issues that were brought up then, have been brought up regarding this Saughall Massie issue, you know the issues regarding sirens, traffic and so on but I think the elephant in the room really for Merseyside Fire and Rescue Service is that a number of the fire stations they’ve got are part of the PFI scheme, so they can’t close those without massive penalties.

I mean I think Birkenhead Fire Station is one example of one of the fire stations they’ve got under this PFI scheme.

So there are fire stations they can’t shut, so that leaves if they want to make any budget savings, for instance through cutting jobs and merging fire stations, they’ve only got the ones that aren’t the PFI fire stations that they can choose from.

And that’s part of the reason why Upton and West Kirby got chosen.

But I think one of the things that has currently got the public going, is that after there was pressure put regarding the Greasby site, that the offer of Greasby where there’s a library and community centre there was withdrawn and people are asking why Wirral Council isn’t doing the same thing with Saughall Massie?

Well basically these are decisions yet to be determined, it’s a party political matter because three political parties involved in the last decision on this voted three different ways, but I can see a problem because firstly Merseyside Fire and Rescue Service can’t keep Upton and West Kirby open. They just don’t have the budget for the amount of firefighters that would take.

Now one alternative is, just keep Upton open, now the downside to this according to the Chief Fire Officer is that this would increase response times to the Hoylake and West Kirby area, so that’s why they want somewhere roughly in between the two stations.

However then people raised the issue of Upton’s close to Arrowe Park Hospital, so it’ll take longer to get to there so wherever you have a fire station there’ll be people that have a quick response time and people that have a slow response time.

But the fire engines aren’t always at the fire station all the time, I mean about half the time they’ll be called out on a job, well maybe a bit more than that, they’ll be out somewhere else and that can’t really be predicted where they’d be at, whether they’d be fitting a smoke alarm or something like that.

So there are a lot of issues to do with the Saughall Massie fire station and basically I’ll be reporting on it, but at the same time I think it’s interesting seeing both the Merseyside Fire and Rescue Authority meetings and the Wirral Council meetings and how this issue has been dealt with at both of them.

Of course if the government hadn’t offered Merseyside Fire and Rescue Service a large grant to build a new fire station there, then I doubt this would’ve gone ahead, admittedly they could’ve borrowed the money or found the money from somewhere but I think that what’s interesting is I did make a FOI for the grant application that they made to DCLG, was told that this information would be published in the future so I couldn’t have it now and I’d have to wait till after the consultations were finished and by that they didn’t just mean the Upton and West Kirby consultations but they meant the other consultations because this grant is not just for a fire station at Saughall Massie, there are similar consultations and mergers and closures happening elsewhere across Merseyside.

So hopefully that will sum up things and I’ll point out that tonight at the Wallasey Constituency Committee, I won’t be there but I noticed because I read through the reports and the agenda, that the Motability, they have a little place in Birkenhead that hires out wheelchairs and things like that are looking to set up a place in New Brighton, so people can hire wheelchairs and that kind of thing.

So that’s a possibly positive move for New Brighton, because I know there’s been a lot of criticism at New Brighton and a large petition over the dropped car parking plans.

Anyway I’d better finish for now, but thanks for listening.

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What’s in the 370 page whistleblowing report on Wirral Council’s grants to businesses?

What’s in the 370 page whistleblowing report on Wirral Council’s grants to businesses?

What’s in the 370 page whistleblowing report on Wirral Council’s grants to businesses?

 

ICO Information Commissioner's Office logo
ICO Information Commissioner’s Office logo

The BIG/ISUS whistleblowing issues have been already covered in extensive detail by this blog over the past few years. However the latest twist in this story was yesterday’s release of a 370 page 2012 internal audit report into the matter following ICO decision notice FS50559883.

Wirral Council have finally released an internal audit report dated 13th January 2012 that went to Bill Norman (then Monitoring Officer/Director of Law, HR and Asset Management at Wirral Council). Those with long memories will remember that Bill Norman was suspended later that year over the Colas matter, then in September 2012 councillors agreed he should receive £146k plus £5k legal expenses to leave.

Back to the BIG/ISUS matters and let’s just quickly recap the blog posts I’ve written on the many aspects of this matter as they provide some background. I’m sure there are one or two I may have left out (I remember I republished some of my earlier blog posts which contained the agreements for BIG/ISUS in the lead up to the special meeting of the Audit and Risk Management Committee last October).

So that’s a brief summary of developments so far? So what does the new information reveal? It’s a report by an auditor at Wirral Council which details the allegations the two whistleblowers made, the investigations into those allegations and the auditor’s opinion as to whether the whistleblowers were correct or not.

The executive summary runs from pages 9-16 and details the allegations made by the two whistleblowers and whether what was inspected during the investigation substantiated or refuted these claims. Pages 17-20 go through each of the allegations in detail as well as whether each allegation is correct or not and the implications that follow. Pages 21-45 are the main report which at the end contain 14 recommendations. Had some of these recommendations been implemented in 2012, some of the unanswered questions surrounding this matter would have been dealt with much earlier, such as the transfer of assets from Lockwood to Harbac.

At the special meeting of the Audit and Risk Management Committee in October 2014, councillors, officers and those speaking at the public meeting were warned not to refer to names of companies, yet the release of this 2012 audit report only removes the names of Wirral Council employees (and former employees). These matters are now out in the open (which should’ve happened before the Audit and Risk Management Committee met last year). Had this 2012 internal audit report been made available to councillors before that meeting the discussion may have been very different.

However it only came to light because of a FOI (Freedom of Information) request made by one of the whistleblowers and even then only after the Information Commissioner’s Office intervened with a decision notice. Certainly the whistleblowers must both feel vindicated by the conclusions reached in this detailed 2012 internal audit report.

The Liberal Democrat Group of councillors on Wirral Council plus the Green Party Councillor Pat Cleary have tabled the following Notice of Motion for the next Council meeting on the 12th October 2015 on the subject of FOI requests. It reads as follows:

OPEN GOVERNMENT ?

This Council recognises that the Information Commissioner’s Office, as the independent authority set up to uphold information rights in the public interest and to promote openness by public bodies, upheld 13 complaints against Wirral Council in the past year.

Of the 18 notices issued between 29 September 2014 and 24 August 2015, the majority (72%) of complaints were upheld.

Council believes that this is a matter for concern, requiring an explanation to its Members.

Council requests that lessons should be learned and applied from these decisions and questions whether Officers have been excessively cautious or defensive in their interpretation of the legislation.

Council, therefore, requests that the legislation is approached with greater regard to the ‘public interest test’ so that the risk of further reputational damage to Wirral can be reduced.

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Wirral Council U-turns on refusal of FOI request for values and culture presentation

Wirral Council U-turns on refusal of FOI request for values and culture presentation

Wirral Council U-turns on refusal of FOI request for values and culture presentation

                                                

Over a year ago (3rd July 2014) I made a Freedom of Information Act request to Wirral Council using the excellent whatdotheyknow.com website for an email (and an attached Powerpoint presentation to the email) sent by Surjit Tour on Thursday 24th April 2014 with the subject of L&MS – Values and Culture Presentation. L&MS stands for Legal and Member Services (Member meaning councillor in local government jargon).

On the last day of July (31st July 2014) I got a reply. Mr Tour had considered the FOI request and refused it. His response referred to section 36 (prejudice to effective conduct of public affairs) of the Freedom of Information 2000. For those familiar with this part of the Freedom of Information Act this is one of the parts that is subject to a public interest test.

Surjit Tour (left) at a recent meeting of Wirral Council's Standards and Constitutional Oversight Committee
Surjit Tour (left) at a recent meeting of Wirral Council’s Standards and Constitutional Oversight Committee

Mr. Tour (who made the first decision on this request) claimed in refusing the request that releasing his email (and attachment) would:

(b) inhibit the free and frank provision of advice or exchange of views;
or
(c) otherwise prejudice the effective conduct of public affairs.

 

Further detail was given about why this request was refused “The information requested was used as an integral part of a management meeting where a corporative initiative was openly discussed and debated” and “The Council has held/is holding a series of management meetings where there must be a safe space to share corporate initiatives and openly discuss and debate any issues arising in these meetings. It is also my reasonable opinion that if the requested information were to be disclosed, it would likely have a “chilling effect” that would inhibit the free and frank discussion and debate on matters of importance to the Council and its workforce. Any disclosure is likely to undermine the ability of officers to express themselves in a frank and open manner.”

It was further claimed that “disclosure would restrict the free and frank exchanges of views”, “disclosure would stifle debate at such meetings and could lead to poorer decision making” and “disclosure would have a potential detrimental effect on future management meetings” although “transparency in disclosure of the content of the management meeting” was given as a factor in favour of disclosure. Also stated in the response was “I consider it is crucial that officers are able to engage in discussion and exchange views in an open and frank manner.

At the time I got this response I didn’t request an internal review. I’d requested internal reviews before when Mr. Tour had claimed section 36 applied to the information requested. You can see an example of a request here for minutes of the Standards Working Group meeting of the 17th December 2013 where Mr. Tour refuses it based on section 36 and at internal review the former Chief Executive of Wirral Council Graham Burgess agrees with Mr. Tour.

At the time I probably thought it pointless to request an internal review as I thought the Chief Executive would just agree with Mr. Tour.

In February 2015 councillors at Wirral Council appointed a new Chief Executive Eric Robinson. So I submitted an internal review request on the 25th March 2015.

The new Chief Executive Eric Robinson on the 21st April 2015 agreed with Mr. Tour.

His responses were as follows, first to my point about whether it was a conflict of interest for Mr. Tour to decide on whether to release his own email:

I do not agree that Mr. Tour would have been conflicted when he gave careful consideration to and applied the Section 36 exemption.

 

In response to the point that the email and attachment was sent before the meeting, didn’t detail what was debated at the meeting therefore how could it “stifle debate at such meetings”?

The contents of the attachments still remain current and topical to the Council. Officers who took part in this management meeting and those who will be present at further meetings, must be afforded a safe space in which they can openly discuss and debate these corporate initiatives.

 

Finally responding to my point “well surely if Wirral Council is “open and transparent” then being “open and transparent” here about a very important aspect of the organisation (values and culture) would demonstrate to the public that Wirral Council has changed?” he replied:

The Council is committed to openness and transparency and communicates this to the public in many ways. As well as the consultation exercises the Council has been involved in with members of the public; we also publish information and communications via our web pages.

 

He included various links to the Council’s website to the Corporate Plan, a page on the Transparency Code and a page on the Freedom of Information Act 2000 & the Data Protection 1998.

Finally he stated:

To summarise, as the Reviewing Officer, I have carefully considered the original response provided by the Monitoring Officer and my reasonable opinion is that I fully concur with his initial response. I am of the opinion that the exemption contained within Section 36 of The Freedom of Information Act 2000 has been correctly and appropriately applied. As the Reviewing Officer, I believe I have considered all relevant and material factors and issues.”

 

and

After taking all factors into account, it is my reasonable and considered opinion that the reasons and rationale provided by Mr. Tour are valid and robust in nature. I do not consider I need to add anything more in this regard and I am satisfied that the public interest test in maintaining the exemption outweighs the public interest for disclosure.”

 

So on the 19th May 2015 I appealed this decision to the Information Commissioner’s Office. On the 11th August 2015 Wirral Council supplied the attached Powerpoint presentation but stated that the email had since been deleted.

Shortly after I received an email from the Information Commissioner’s Office stating that the case was now closed, although I have emailed them this morning asking them to clear up that the Chief Executive at internal review stated “The contents of the attachments still remain current and topical to the Council.” which would suggest more than one attachment to the email, yet only one attachment was supplied.

So what is in this eighteen slide Powerpoint presentation that Mr. Tour and Mr. Robinson seemed so keen to prevent being released?

Ironically (considering what I’ve just written above) slide 10 on integrity states

We communicate & are open and honest in what we do.

 

However that point aside, the slides are about “organisational vision”, “values” and “culture”.

Slide 7 states that Wirral Council’s vision is:

“Wirral should be a place where the vulnerable are safe and protected, where employers want to invest and local businesses thrive and an excellent quality of life is within the reach of everyone who lives here.”

 

Slide 9 introduces Wirral Council’s values which are:

integrity, efficiency, confidence and ambition”.

 

Slides 10 to 13 define each of these values.

Integrity

  • We treat everyone with respect
  • We are accountable and take responsibility for our actions & decisions
  • We communicate & are open and honest in what we do

Efficiency

  • We seek innovative & creative solutions
  • We work effectively together to make the most of our resources
  • We proactively look for ways to improve

Confidence

  • We fully use the skills, talents & assets of our partners, communities and organisation
  • We take decisions and deliver
  • We learn from & share knowledge and expertise with others

Ambition

  • We deliver with energy and pace
  • We are risk aware, not risk averse
  • We have pride in our place and our people striving to be the best we can for Wirral”

The last slide refers to “support & change agents to be allocated”. If anyone would like to explain to me what a “support & change agent” is please leave a comment!

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