EXCLUSIVE: NHS Consultation on impact on 2,269 Wirral cancer patients of Clatterbridge inpatient and outpatient cuts

EXCLUSIVE: NHS Consultation on impact on 2,269 Wirral cancer patients of Clatterbridge inpatient and outpatient cuts

EXCLUSIVE: NHS Consultation on impact on 2,269 Wirral cancer patients of Clatterbridge inpatient and outpatient cuts

                         

Despite Clatterbridge Cancer Centre being one of three charities chosen by the Mayor of Wirral for fundraising this year, Wirral Council’s Families and Wellbeing Policy and Performance Committee will be discussing at a public meeting on the evening of the 8th July (in Committee Room 1 (ground floor) at Wallasey Town Hall, Brighton Street, CH44 8ED) a consultation on major changes to Clatterbridge Cancer Centre. Employees from the Clatterbridge Cancer Centre will be there at the meeting to answer questions from councillors and co-opted members of the Families and Wellbeing Policy and Performance Committee.

The formal consultation, expected to start next month (July 2014) will run for twelve weeks. UPDATED: 28th July 2014 The consultation has started and runs to October 19th 2014.The “preferred option” being consulted on includes:

  • Creating a new Cancer Centre at the Royal Liverpool University Hospital campus. Closing all cancer inpatient beds at the Clatterbridge Cancer Centre and moving the inpatient beds to the Royal Liverpool University Hospital’s new Cancer Centre,
  • Relocating the Teenage and Young Adult Unit (including the inpatient beds) from the Wirral to Liverpool and
  • Relocating complex outpatient radiotherapy from the Wirral to Liverpool (which represents about 6% of outpatient treatments).

If the NHS decides to go for the preferred option after the consultation period, predictions show the new Cancer Centre in Liverpool having 278 in-patients from the Wirral area by the time it opens in 2018/19. It is also predicted that 2,269 cancer patients living on the Wirral will be travelling to the new Cancer Centre in Liverpool by 2018/19. If the preferred option was agreed, all patients however would still be given a choice of where they receive treatment (provided this choice provides the specific treatment they need based on their type of cancer).

The proposals plan that the new Cancer Centre will be built in Liverpool between July 2016 and July 2018. Due to the wide area affected by the proposals, if Wirral Council’s Families and Wellbeing Policy and Performance Committee deem the proposals to be substantial they will nominate two Wirral Council councillors to a Merseyside and Cheshire Joint Scrutiny Committee. The Merseyside and Cheshire Joint Scrutiny Committee will scrutinise the proposals in detail and could comprise of representatives from Cheshire East Council, Cheshire West and Chester Council, Halton Borough Council, Knowsley Council, Liverpool City Council, St. Helens Metropolitan Borough Council, Sefton Council, Warrington Borough Council and Wirral Borough Council.

A briefing session on the joint scrutiny protocol was given to the following councillors on the 11th March 2014 (Councillor Wendy Clements (in her capacity as the then Chair of the Families and Wellbeing Policy and Performance Committee), Councillor Moira McLaughlin (in her capacity then as Vice-Chair of the Families and Wellbeing Policy and Performance Committee (she is now its Chair) and Councillor Pat Williams (Liberal Democrat spokesperson).

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Wirral Council committee appointments for the 2014/15 municipal year

Wirral Council committee appointments for the 2014/15 municipal year

Wirral Council committee appointments for the 2014/15 municipal year

                            

This is a list of which councillor is on which committee for the 2014/15 year. It doesn’t include deputies (but the list of deputies can be found here at pages thirteen to twenty-three). This is the original list as agreed at the Annual Meeting (Part 2) of the Council on the 9th June 2014 (and published on the 23rd June 2014). Changes can be made throughout the 2014/15 year.

Cabinet (10 councillors)

Cllr Phil Davies (Leader of the Council and Cabinet Member for Finance)
Cllr Ann McLachlan (Governance, Commissioning and Improvement & Joint Deputy Leader of the Council)
Cllr George Davies (Neighbourhoods, Housing and Engagement & Joint Deputy Leader of the Council)
Cllr Adrian Jones (Support Services)
Cllr Christine Jones (Adult Social Care and Public Health)
Cllr Chris Meaden (Leisure, Sport and Culture)
Cllr Pat Hackett (Economy)
Cllr Tony Smith (Children and Family Services)
Cllr Bernie Mooney (Environment and Sustainability)
Cllr Stuart Whittingham (Highways and Transport)

Although there are no deputies for Cabinet, there are ten assistant portfolio holders.

Audit and Risk Management Committee (9 councillors)

Councillor John Hale (Conservative spokesperson)
Councillor David Elderton (Conservative)
Councillor Adam Sykes (Conservative)
Councillor Jim Crabtree (Labour & Chair)
Councillor Ron Abbey (Labour & Vice-Chair)
Councillor Paul Doughty (Labour)
Councillor Matthew Patrick (Labour)
Councillor Joe Walsh (Labour)
Councillor Stuart Kelly (Liberal Democrat spokesperson)

In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.

Employment and Appointments Committee (8 councillors)

Councillor Jeff Green (Conservative spokesperson)
Councillor Lesley Rennie (Conservative)
Councillor Adrian Jones (Labour & Chair)
Councillor Phil Davies (Labour & Vice-Chair)
Councillor George Davies (Labour)
Councillor Ann McLachlan (Labour)
Councillor Moira McLaughlin (Labour)
Councillor Phil Gilchrist (Liberal Democrat spokesperson)

In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.

Licensing, Health and Safety and General Purposes Committee (9 councillors)

Councillor Andrew Hodson (Conservative spokesperson)
Councillor Leah Fraser (Conservative)
Councillor Geoffrey Watt (Conservative)
Councillor Bill Davies (Labour & Chair)
Councillor Steve Niblock (Labour & Vice-Chair)
Councillor John Salter (Labour)
Councillor Christine Spriggs (Labour)
Councillor Mike Sullivan (Labour)
Councillor Pat Williams (Liberal Democrat spokesperson)

In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.

Licensing Act 2003 Committee (15 councillors)

Councillor Eddie Boult (Conservative)
Councillor Gerry Ellis (Conservative)
Councillor Andrew Hodson (Conservative)
Councillor Mike Hornby (Conservative)
Councillor Bill Davies (Labour, Chair)
Councillor Steve Niblock (Labour, Vice-Chair (from 18th June 2014))
Councillor George Davies (Labour)
Councillor Tony Norbury (Labour)
Councillor Louise Reecejones (Labour)
Councillor Denise Roberts (Labour)
Councillor John Salter (Labour)
Councillor Harry Smith (Labour)
Councillor Mike Sullivan (Labour)
Councillor Dave Mitchell (Liberal Democrat)
Councillor Pat Williams (Liberal Democrat)

There are no deputies for this committee.

Pensions Committee (10 Wirral Council councillors plus 5 co-opted members)

Councillor Geoffrey Watt (Conservative spokesperson)
Councillor Mike Hornby (Conservative)
Councillor Cherry Povall (Conservative)
Councillor Paul Doughty (Labour, Chair)
Councillor Ann McLachlan (Labour, Vice-Chair)
Councillor George Davies (Labour)
Councillor Treena Johnson (Labour)
Councillor Adrian Jones (Labour)
Councillor Harry Smith (Labour)
Councillor Chris Carubia (Liberal Democrat spokesperson)

Co-opted members
Councillor Norman F Keats (Labour, Knowsley Council)
Councillor John Fulham (Labour, St Helens Council)
Councillor Paul Tweed (Labour, Sefton Council)
Councillor Patrick Hurley (Labour, Liverpool City Council)
Patrick McCarthy

In addition to the above there are eight Conservative deputies, eight Labour deputies and four Liberal Democrat deputies.

Planning Committee (13 councillors)

Councillor David Elderton (Conservative spokesperson)
Councillor Eddie Boult (Conservative)
Councillor Paul Hayes (Conservative)
Councillor Kathy Hodson (Conservative)
Councillor Anita Leech (Labour, Chair)
Councillor Denise Realey (Labour, Vice-Chair)
Councillor Phillip Brightmore (Labour)
Councillor Matt Daniel (Labour)
Councillor Christine Spriggs (Labour)
Councillor Joe Walsh (Labour)
Councillor Irene Williams (Labour)
Councillor Stuart Kelly (Liberal Democrat spokesperson)
Councillor Pat Cleary (Green Party spokesperson)

In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.

Standards and Constitutional Oversight Committee (9 councillors, 4 independent persons)

Councillor Les Rowlands (Conservative spokesperson)
Councillor Gerry Ellis (Conservative)
Councillor John Hale (Conservative)
Councillor Bill Davies (Labour, Chair)
Councillor Moira McLaughlin (Labour, Vice-Chair)
Councillor Rob Gregson (Labour)
Councillor Denise Roberts (Labour)
Councillor John Salter (Labour)
Councillor Pat Williams (Liberal Democrat spokesperson)

Independent persons
Professor R S Jones (until 15th July 2016)
Mr C Jones (until 15th July 2016)
Mr D Burgess-Joyce (until 15th July 2016)
Mr B Cummings (until 15th July 2016)

In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.

Coordinating Committee (15 councillors, 4 co-opted members)

Councillor Chris Blakeley (Conservative spokesperson)
Councillor Tom Anderson (Conservative)
Councillor Wendy Clements (Conservative)
Councillor Mike Hornby (Conservative)
Councillor Steve Williams (Conservative)
Councillor Moira McLaughlin (Labour, Chair)
Councillor Paul Doughty (Labour, Vice-Chair)
Councillor Phillip Brightmore (Labour)
Councillor Anita Leech (Labour)
Councillor Christina Muspratt (Labour)
Councillor Walter Smith (Labour)
Councillor Mike Sullivan (Labour)
Councillor Jerry Williams (Labour)
Councillor Janette Williamson (Labour)
Councillor Phil Gilchrist (Liberal Democrat spokesperson)

Co-opted members (when dealing with education matters with voting rights)
Roman Catholic Diocese Mr Damian Cunningham
Church of England Vacancy
Mrs H Shoebridge (parent governor) until 28th October 2015
Mrs Nicola Smith (parent governor) until 8 February 2017

In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.

Families and Wellbeing Policy and Performance Committee (15 councillors, 4 co-opted members)

Councillor Wendy Clements (Conservative spokesperson)
Councillor Bruce Berry (Conservative)
Councillor Paul Hayes (Conservative)
Councillor Mike Hornby (Conservative)
Councillor Cherry Povall (Conservative)
Councillor Moira McLaughlin (Labour, Chair)
Councillor Denise Roberts (Labour, Vice-Chair)
Councillor Phillip Brightmore (Labour)
Councillor Treena Johnson (Labour)
Councillor Tony Norbury (Labour)
Councillor Walter Smith (Labour)
Councillor Christine Spriggs (Labour)
Councillor Janette Williamson (Labour)
Councillor Alan Brighouse (Liberal Democrat spokesperson)
Councillor Pat Cleary (Green Party spokesperson)

Co-opted members (with voting rights)
Roman Catholic Diocese Mr Damian Cunningham
Church of England Vacancy
Mrs H Shoebridge (parent governor) until 28th October 2015
Mrs Nicola Smith (parent governor) until 8 February 2017

In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.

Regeneration and Environment Policy and Performance Committee (15 councillors)

Councillor Steve Williams (Conservative spokesperson)
Councillor Gerry Ellis (Conservative)
Councillor John Hale (Conservative)
Councillor Andrew Hodson (Conservative)
Councillor Tracey Smith (Conservative)
Councillor Mike Sullivan (Labour, Chair)
Councillor Jerry Williams (Labour, Vice-Chair)
Councillor Jim Crabtree (Labour)
Councillor Matt Daniel (Labour)
Councillor Rob Gregson (Labour)
Councillor Anita Leech (Labour)
Councillor Steve Niblock (Labour)
Councillor Denise Realey (Labour)
Councillor Jean Stapleton (Labour)
Councillor Dave Mitchell (Liberal Democrat spokesperson)

In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.

Transformation and Resources Policy and Performance Committee (15 councillors)

Councillor Adam Sykes (Conservative spokesperson)
Councillor Tom Anderson (Conservative)
Councillor Bruce Berry (Conservative)
Councillor Kathy Hodson (Conservative)
Councillor Tracey Smith (Conservative)
Councillor Janette Williamson (Labour, Chair)
Councillor Paul Doughty (Labour, Vice-Chair)
Councillor Matt Daniel (Labour)
Councillor Rob Gregson (Labour)
Councillor Matthew Patrick (Labour)
Councillor Christina Muspratt (Labour)
Councillor Louise Reecejones (Labour)
Councillor Joe Walsh (Labour)
Councillor Irene Williams (Labour)
Councillor Phil Gilchrist (Liberal Democrat spokesperson)

In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.

Birkenhead Constituency Committee (18 councillors, 1 co-opted member)

Councillor Jim Crabtree (Labour, Bidston & St. James)
Councillor Ann McLachlan (Labour, Bidston & St. James)
Councillor Harry Smith (Labour, Bidston & St. James)
Councillor Pat Cleary (Green, Birkenhead & Tranmere)
Councillor Phil Davies (Labour, Birkenhead & Tranmere)
Councillor Jean Stapleton (Labour, Birkenhead & Tranmere)
Councillor George Davies (Labour, Claughton)
Councillor Steve Foulkes (Labour, Claughton)
Councillor Denise Roberts (Labour, Claughton)
Councillor Alan Brighouse (Liberal Democrat, Oxton)
Councillor Stuart Kelly (Liberal Democrat, Oxton)
Councillor Pat Williams (Liberal Democrat, Oxton)
Councillor Paul Doughty (Labour, Prenton)
Councillor Tony Norbury (Labour, Prenton)
Councillor Denise Realey (Labour, Prenton)
Councillor Bill Davies (Labour, Rock Ferry)
Councillor Chris Meaden (Labour, Rock Ferry)
Councillor Moira McLaughlin (Labour, Rock Ferry)

Co-opted Member
Rt Hon Frank Field MP (Chair)

Wallasey Constituency Committee (18 councillors, 6 community representatives)

Councillor Ron Abbey (Labour, Leasowe and Moreton East)
Councillor Treena Johnson (Labour, Leasowe and Moreton East)
Councillor Anita Leech (Labour, Leasowe and Moreton East)
Councillor Matt Daniel (Labour, Liscard)
Councillor Bernie Mooney (Labour, Liscard)
Councillor Janette Williamson (Labour, Liscard)
Councillor Bruce Berry (Conservative, Moreton West and Saughall Massie)
Councillor Chris Blakeley (Conservative, Moreton West and Saughall Massie)
Councillor Steve Williams (Conservative, Moreton West and Saughall Massie)
Councillor Rob Gregson (Labour, New Brighton)
Councillor Pat Hackett (Labour, New Brighton)
Councillor Christine Spriggs (Labour, New Brighton)
Councillor Adrian Jones (Labour, Seacombe)
Councillor Chris Jones (Labour, Seacombe)
Councillor John Salter (Labour, Seacombe)
Councillor Leah Fraser (Conservative, Wallasey)
Councillor Paul Hayes (Conservative, Wallasey)
Councillor Lesley Rennie (Conservative, Wallasey)

Community Representatives
Mr Ken Harrison
Mr Brian Higgins
Mr Tony Jones
Mr Keith Raybould
Mr Paul Roberts
Mr Lewis Collins

Wirral South Constituency Committee (15 councillors, up to 6 community representatives)

Councillor Christina Muspratt (Labour, Bebington)
Councillor Walter Smith (Labour, Bebington)
Councillor Jerry Williams (Labour, Bebington)
Councillor Steve Niblock (Labour, Bromborough)
Councillor Joe Walsh (Labour, Bromborough)
Councillor Irene Williams (Labour, Bromborough)
Councillor Cherry Povall (Conservative, Clatterbridge)
Councillor Tracey Smith (Conservative, Clatterbridge)
Councillor Adam Sykes (Conservative, Clatterbridge)
Councillor Chris Carubia (Liberal Democrat, Eastham)
Councillor Phil Gilchrist (Liberal Democrat, Eastham)
Councillor Dave Mitchell (Liberal Democrat, Eastham)
Councillor Andrew Hodson (Conservative, Heswall)
Councillor Kathy Hodson (Conservative, Heswall)
Councillor Les Rowlands (Conservative, Heswall)

Community representatives
Unknown

Wirral West Constituency Committee (15 councillors plus six co-opted community representatives)

Councillor Tom Anderson (Conservative, Greasby, Frankby & Irby)
Councillor Wendy Clements (Conservative, Greasby, Frankby & Irby)
Councillor Mike Hornby (Conservative, Greasby, Frankby & Irby)
Councillor Eddie Boult (Conservative, Hoylake & Meols)
Councillor Gerry Ellis (Conservative, Hoylake & Meols)
Councillor John Hale (Conservative, Hoylake & Meols)
Councillor Phillip Brightmore (Labour, Pensby & Thingwall)
Councillor Louise Reecejones (Labour, Pensby & Thingwall)
Councillor Michael Sullivan (Labour, Pensby & Thingwall)
Councillor Matthew Patrick (Labour, Upton)
Councillor Tony Smith (Labour, Upton)
Councillor Stuart Whittingham (Labour, Upton)
Councillor David Elderton (Conservative, West Kirby & Thurstaston)
Councillor Jeff Green (Conservative, West Kirby & Thurstaston)
Councillor Geoffrey Watt (Conservative, West Kirby & Thurstaston)

Community Representatives
Jackie Hall (Hoylake and Meols)
John Smith (Greasby, Frankby & Irby)
Lynn Collier (Pensby & Thingwall)
Elise Wong (Upton)
David Wade (West Kirby & Thurstaston)

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Government gives Wirral Council 6 months to publish information on contracts, land, grants, trade unions & parking

Government gives Wirral Council 6 months to publish information on contracts, land, grants, trade unions & parking

Government gives Wirral Council 6 months to publish information on contracts, land, grants, trade unions & parking

                         

The government on the 1st May published the Local Government Transparency Code 2014. The aim of it is to make local councils more transparent. The code’s published using a legal power the government has by s.2 of the Local Government, Planning and Land Act 1980 and applies to county councils, district councils (such as Wirral Council), some parish councils, fire authorities (such as Merseyside Fire and Rescue Authority), joint waste authorities (such as Merseyside Recycling and Waste Authority), combined authorities (such as the Liverpool City Region Combined Authority) and other types of public bodies. However it doesn’t apply to Police and Crime Commissioners.

The transparency code lists at page 9 information that must be published by these bodies starting with expenditure of over £500 (which is already published monthly on Wirral Council’s website). The main difference the transparency code introduces in this area is a need to publish for each transaction VAT that can’t be recovered.

Details of invitations to tender for contracts of a value of £5,000 or more will in future be published by Wirral Council because of the transparency code. Details of any “contract, commissioned activity, purchase order, framework agreement and any other legally enforceable agreement with a value that exceeds £5,000” will also need to be published. This will include descriptions of the goods/services provided, amounts paid or estimated annual spend, supplier details, start/end/review dates and whether the supplier is a small to medium-sized enterprise or voluntary or community organisation. The topic of the public knowing what they’re getting from suppliers to Wirral Council was discussed at a previous Birkenhead Constituency Committee meeting.

In addition to the invoices and contracts information the following information will need to be published annually:

  • local authority land,
  • grants to voluntary, community and social enterprise organisations,
  • organisation chart,
  • trade union facility time,
  • parking revenues,
  • controlled parking spaces,
  • senior salaries,
  • constitution and
  • the pay multiple.

For example on land, Wirral Council will have to publish details of all its freeholds, leaseholds, properties occupied or run under Private Finance Initiative contracts, other properties they own or use, surplus or vacant properties, undeveloped land, lease agreements and information on some other land related categories.

Information on grants (such as the Love Wirral scheme) to voluntary, community or social enterprise organisations will also have to be published such as a description of what the grant is for and the amount. The organisation chart showing the top three levels of management will mean that for each member of staff that this covers that their grade, job title, department and team, contact details, salary in £5,000 brackets and salary ceiling will have to be published.

The information required to be published on trade union facility time will include the trade unions involved, total number of staff who are union representatives, total number of staff that devote at least 50% of their time to union duties and an estimate of the spending on trade union duties as a percentage of the total pay bill.

Parking revenue data will be how much Wirral Council collects from on street parking, off street parking and parking enforcement notices. Wirral Council will need to publish the numbers of on and off street parking spaces.

The requirement on senior salary details goes further than the current requirements and includes bonus and payments in kind details for senior employees earning £50,000 or more and publishing a list of responsibilities for senior staff. The list of responsibilities means the services and functions that they are responsible for, budget held and number of staff.

The requirement to publish Wirral Council’s constitution on their website is already met by Wirral Council. The requirement to publish the pay multiple is the ratio between the highest paid salary and the median salary of the whole workforce.

The transparency code also includes details of recommended items that local councils should publish such as transactions over £250, transactions on corporate credit cards, numbers of free parking spaces, details of their counter fraud work and other matters. Councils and other public bodies have six months to publish the mandatory information required by the new transparency code.

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Does the new law on filming public meetings apply to police and crime panels meetings in England?

Does the new law on filming public meetings apply to police and crime panels meetings in England?

Does the new law on filming public meetings apply to police and crime panels meetings in England?

                                    

Richard Taylor asks me if the changes to legislation that will happen when the Openness of Local Government Bodies Regulations 2014 becomes law will apply to public meetings of the police and crime panels.

1. The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 came into force on 22nd November 2012. In these regulations, a police and crime panel (in England) is called an English Part 3 panel.

2. Regulation 4 of The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 states “The enactments listed in Part 2 of the Schedule apply in relation to an English Part 3 panel and the members of such a panel.” Part 2 s.10 of the Schedule lists “Part VA of, and Schedule 12A to, the Local Government Act 1972 (access to meetings and documents of certain authorities, committees and sub-committees).”

3. Regulation 6 of The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012 states:

In their application by virtue of regulations 3 to 5, the enactments listed in Parts 1 to 3 of the Schedule have effect as if —

(a) the functions of the panel were functions of the relevant local authority (in a single-authority police area) or the relevant local authorities (in a multi-authority police area);
(b) the panel were a committee of the relevant local authority (in a single-authority police area) or a joint committee of the relevant local authorities (in a multi-authority police area), appointed for the purpose of discharging those functions under section 102(1) of the Local Government Act 1972(1);
(c) a councillor panel member were serving on such a committee (in a single authority police area) or joint committee (in a multi-authority police area) in the member’s capacity as a councillor; and
(d) an independent panel member were a member of such a committee (in a single-authority police area) or a member of, and representing the host authority on, such a joint committee (in a multi-authority police area), and entitled to vote on any question that falls to be decided at a meeting of the committee or joint-committee.

4. The Openness of Local Government Bodies Regulations 2014 when it has the force of law, makes amendments to the part of the Local Government Act 1972 which deals with public meetings:

Amendment of the Local Government Act 1972

4. (1) Section 100A of the 1972 Act (admission to meetings of principal councils) is amended as follows.

(2) After subsection (5) insert—

“(5A) Where the public are excluded from a meeting of a principal council in England under subsection (2) or (4), the council may also prevent any person from reporting on the meeting using methods—

(a) which can be used without that person’s presence at the meeting, and
(b) which enable persons not present at the meeting to see or hear the proceedings at the meeting as it takes place or later.”
(3) In subsection (6), at the beginning of paragraph (c) insert “subject to subsection (7D),”.

(4) In subsection (7), at the beginning insert “Subject to subsection (7A)”.

(5) After subsection (7) insert—

“(7A) While a meeting of a principal council in England is open to the public, any person attending is to be permitted to report on the meeting.

(7B) Subsection (7A) does not require a principal council in England to permit oral reporting or oral commentary on a meeting as it takes place if the person reporting or providing the commentary is present at the meeting.

(7C) A person attending a meeting of a principal council in England for the purpose of reporting on the meeting must, so far as practicable, be afforded reasonable facilities for doing so.

(7D) Subsection (7C) applies in place of subsection (6)(c) in the case of a principal council in England.

(7E) Any person who attends a meeting of a principal council in England for the purpose of reporting on the meeting may use any communication method, including the internet, to publish, post or otherwise share the results of the person’s reporting activities.

(7F) Publication and dissemination may take place at the time of the meeting or occur after the meeting.”

(6) After subsection (8) insert—

“(9) In this section “reporting” means—

(a) filming, photographing or making an audio recording of proceedings at a meeting,
(b) using any other means for enabling persons not present to see or hear proceedings at a meeting as it takes place or later, or
(c) reporting or providing commentary on proceedings at a meeting, orally or in writing, so that the report or commentary is available as the meeting takes place or later to persons not present.”
(7) In section 100E of that Act (application to committees and sub-committees), after subsection (1) insert—

“(1A) But in section 100A, subsections (5A), (7A) to (7F) and (9) do not apply to a committee which is appointed or established jointly by one or more principal councils in England and one or more principal councils in Wales, or a sub-committee of such a committee.”

(8) In section 100J of that Act (application of Part 5A to new authorities, Common Council etc.)—

(a) in subsection (1), after “Except in this section,” insert “and subject as follows,”, and
(b) after subsection (2A) insert—
“(2B) In section 100A, subsections (5A), (7A) to (7F) and (9) do not apply to—

(a) a joint waste authority;
(b) the Common Council other than in its capacity as a local authority or police authority;
(c) a joint board or a joint committee falling within subsection (2) above;
(d) the Homes and Communities Agency; or
(e) a Mayoral development corporation.”

5. Therefore the changes would affect public meetings of police and crime panels as holding public meetings is a function of the police and crime panel. Police and crime panels are not a joint committee falling within subsection (2) of 100J as they are (as far as I know) not a body corporate but joint committees of the councils in the area they cover. The modification to the Local Government Act 1972 by Regulation 4(7) of the Openness of Local Government Bodies Regulations 2014 rules out the changes applying to any police and crime panel (or joint committee) which covered both England and Wales.

However the existing s.100E states “(3) Any reference in this Part to a committee or sub-committee of a principal council is a reference to (a) a committee which is constituted under an enactment specified in section 101(9) below or which is appointed by one or more principal councils under section 102 below”

Police and crime panels (in multi-authority areas) are appointed by one or more principal councils under section 102, see Regulation 6 of The Police and Crime Panels (Application of Local Authority Enactments) Regulations 2012.

6. The amendments made to the Local Government Act 1972 therefore do affect police and crime panels.

7. The Openness of Local Government Bodies Regulations 2014 however also modify the Public Bodies (Admission to Meetings) Act 1960. These amendments however add a new definition of “local government body” which doesn’t include police and crime panels.

An article written published on the Local Government Lawyer website on Thursday by a partner at Bevan Brittan LLP called Olwen Dutton also states her opinion that the new regulations will cover filming of police and crime panel meetings. In a similar article headlined Local government meetings: now the movie – or the crime scene? on Bevan Brittan LLP’s website two weeks ago also by Olwen Dutton she states that the new regulations will cover meetings of the police and crime panel.

Also when the draft regulations were consulted on the descriptive summary explicitly stated that police and crime panels would be covered by the new regulations.

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4 councillors ban filming at Merseyside Police and Crime Panel public meeting but support police filming the public

4 councillors ban filming at Merseyside Police and Crime Panel public meeting but support police filming the public

4 councillors ban filming at Merseyside Police and Crime Panel public meeting but support police filming the public

                        

Police and Crime Panel meet at Birkenhead Town Hall 24th April 2014

Merseyside Police and Crime Panel (Birkenhead Town Hall) 24th April 2014 taken after the meeting had finished Left to Right Knowsley Metropolitan Borough Council officer, Councillor Frank Prendergast (Vice-Chair) (Labour, Liverpool City Council), Knowsley Metropolitan Borough Council officer, Knowsley Metropolitan Borough Council officer, Joseph Edwards (Independent Co-opted Member) (Mr. Edwards wasn’t present from the start of the meeting but arrived late), Councillor Moira McLaughlin (Labour, Wirral Metropolitan Borough Council), Councillor Doreen Kerrigan (Labour, Sefton Metropolitan Borough Council), Councillor Peter Brennan (Labour, Liverpool City Council)

The meeting started with two announcements the Vice-Chair (Councillor Prendergast) wished to make. The first was he asked for the noisy tea urn at the back of the room to be switched off as he said he had hearing problems. The second announcement Councillor Frank Prendergast (Labour, Liverpool City Council) wanted to make was to say that a request was made to film the public meeting of the Merseyside Police and Crime Panel which he had turned down because “confidential” things may be said during the meeting. However he said the public were welcome to stay for the whole meeting.

At this point as the Chair said it was his decision, I asked if he was making that on behalf of the whole Merseyside Police and Crime Panel as their rules of procedure agreed by the Merseyside Police and Crime Panel last July stated that this decision was of the whole Panel:

“21.1 No audio or visual record of proceedings (or part of the proceedings) of a Panel, Sub-Committee or Working Group meeting may be taken without the express permission of the Panel, Sub-Committee or the Working Group concerned.”

He replied that he was. None of the other three Labour councillors present said anything at this point, nor was a vote taken. I asked the Chair at the close of the meeting to provide a quote as to why he’d been against the public meeting being filmed. He told me he was too busy to provide a quote as he had to leave (the meeting was held in Birkenhead) to go to Clatterbridge via Liverpool.

Although the Openness of Local Government Bodies Regulations 2014 which prevent bodies such as the Police and Crime Panel stopping filming of their public meetings have been laid before the House of Commons on the 3rd April 2014 by the Rt Hon Eric Pickles MP, due to Parliament breaking up for Easter a week later a resolution approving the Openness of Local Government Bodies Regulations 2014 hasn’t yet been passed by the House of Commons and House of Lords. So it doesn’t yet have the force of law.

However this is what Labour’s front bench spokesperson, Hilary Benn MP had to say when the issue was debated last year in the House of Commons:

“We will therefore support that change, and also the proposal that councils in England should allow the recording and videoing of council and committee meetings. In this day and age, big changes in technology make recording and videoing readily possible, and I cannot see the difference between sitting in a meeting, listening and writing down what is being said, or—for those who have shorthand—taking a verbatim record, and making one’s own recording.”

                                         
The Merseyside Police and Crime Panel is a joint committee of the councils on Merseyside. The new Labour chaired Liverpool City Region Authority also declined a request to film their first public meeting. The Liverpool City Region Authority’s constitution delegated such matters to the Chief Executive of Knowsley Metropolitan Borough Council Sheena Ramsey. Knowsley Metropolitan Borough Council is also the host authority for the Merseyside Police and Crime Panel.

Has the message from Labour’s front bench spokesperson Hilary Benn MP to “support the change” to “allow the recording and videoing of council and committee meetings” fallen on deaf ears? Do the four Labour councillors who made the decision to prevent filming yesterday (Councillor Frank Prendergast, Councillor Doreen Kerrigan, Councillor Peter Brennan and Councillor Moira McLaughlin (who is currently Labour’s candidate in Rock Ferry ward)) realise how strange it seems for their party’s national spokesperson to say one thing yet Labour councillors locally on Merseyside to do the complete opposite?

My comments on what happened are that currently the public (and press) already do have the right to film, blog and tweet at public meetings. This is granted to them by article 10 (freedom of expression) of the Human Rights Act 1998 c.42. It is unlawful for any public body to act in a way that is incompatible with article 10 (freedom of expression) due to section 6 of the Human Rights Act 1998. In an ironic twist the Merseyside Police and Crime panel during the meeting discussed the wearing of cameras in public by police officers and were supportive of it.

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