EXCLUSIVE: Letter from Cllr Phil Davies to Cllr Jeff Green about “Wirralgate”

EXCLUSIVE: Letter from Cllr Phil Davies to Cllr Jeff Green about “Wirralgate”

EXCLUSIVE: Letter from Cllr Phil Davies to Cllr Jeff Green about “Wirralgate”

                         

Wirral Council logo

Please reply to:

Councillor Philip L Davies
Leader of Wirral Council

Town Hall, Brighton Street
Wallasey, Wirral
Merseyside, CH44 8ED
Telephone: 0151-691 8539
Fax: 0151-691-2887
Email: phildavies@wirral.gov.uk
Date: 17 December 2013

Councillor J Green
Leader of the Conservative Group
Wallasey Town Hall
Brighton Street
Wallasey
WIRRAL       CH44 8ED

my ref PD0012/DLK

Dear Jeff,

I write in response to your question at Council. I will also copy this response to all Members and ask for it to be published as an appendix to the Council minutes.

A group of individuals approached me about this matter. The individuals did not wish to make a formal complaint regarding the comments allegedly made by one of my Senior Members regarding a Senior Council Officer. However I am absolutely committed to ensuring that all matters of concern are properly investigated and so chose to immediately refer the matter to the Chief Executive.

The Chief Executive instructed the Strategic Director for Transformation and Resources, in his position as Deputy Monitoring Officer, to conduct an investigation and an Independent Investigator was appointed.

The Senior Officer concerned does not wish the investigation report to be made public, and I intend to respect their wishes. However if you would like to see a copy I will ask the Chief Executive to make it available to you. I intend to make the same offer to the Leader of the Liberal Democrats. I have been informed that you have been briefed previously regarding the outcome of that investigation however for clarity I will outline the conclusions.

The Independent Investigator wrote on two occasions to the individuals who had brought this matter to my attention, however they refused to cooperate. All other concerned parties were interviewed, with external legal advisors present. No evidence was made available to the investigation to substantiate a serious allegation regarding inappropriate language.

The Senior Member concerned did make clear that he had made adverse comment regarding a Senior Officer, comments he regrets. The Investigation therefore found there had been a breach of the Council’s Code of Conduct. It concluded that an apology to the Officer concerned and a conciliation process was appropriate. At the request of the Senior Officer the matter has been dealt with in a confidential manner.

We have discussed the issue of improving the culture of this Council and I believe that both myself as Leader, and you as Leader of the Opposition have a crucial role to play in this. I have stated publicly, at Improvement Board and elsewhere, that the number one priority for this Council over the coming months must be to address this once and for all. I do not believe this is a matter for party politics, our staff and the residents of Wirral deserve and expect us to take a lead.

I would therefore again urge you that if you have any evidence of wrong doing, or can encourage others to supply any evidence that exists of wrongdoing, that you work with me to bring this to light. I promise that if this happens a further robust investigation will take place.

Yours sincerely,

Cllr Phil Davies signature

Councillor Phil Davies

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Response from Cllr Jeff Green on the Anna Klonowski Associates report redactions

Response from Cllr Jeff Green on the Anna Klonowski Associates report redactions

Response from Cllr Jeff Green on Improvement Board issues

                        

Following the Improvement Board meeting held in public last month, exactly a month ago I emailed Graham Burgess (Chief Executive), Cllr Phil Davies (Leader of the Labour Group), Cllr Jeff Green (Leader of the Conservative Group) and Cllr Phil Gilchrist (Leader of the Lib Dem Group) about the progress on the commitments made at that meeting.

I indicated in that email that I would publish replies (unless the author stated otherwise) so that the public know what’s happening.

Nearly two weeks ago I received a reply from Cllr Jeff Green (which is below). It made sense to wait a little longer for replies from the others so that they could all be published together. As a month has gone by and I haven’t received a reply from another of the other three, below Cllr Jeff Green’s reply I include my original email. I haven’t changed the colour used for text in Cllr Green’s email, as Leader of the Conservative Group I think it would come as no surprise to people that he writes in blue!

from: Green, Jeff E. (Councillor)
to: john.brace@gmail.com
date: 6 December 2013 14:47
subject: RE: follow up to question and answer session at Friday’s Improvement Board meeting
mailed-by: wirral.gov.uk

Dear John

Thanks for your email. Please accept my apologies for the delay in responding.

I think my record is pretty clear on this matter: I have always pushed for an un-redacted copy of the AKA report to be published and have been obstructed at every turn.

Sunlight is the best disinfectant and the sooner the light is shed on the actions of those responsible, the better.

I trust that sets my position out clearly for you.

Best wishes

Jeff Green signature

Cllr. Jeff Green
Leader of the Conservative Group
Ward Councillor for West Kirby & Thurstaston

Twitter: www.twitter.com/cllrjeffgreen
Phone: 07766725125
You can also find me on Facebook

From: John Brace [mailto:john.brace@gmail.com]
Sent: 18 November 2013 11:15
To: Burgess, Graham
Cc: Davies, Phil L. (Councillor); Green, Jeff E. (Councillor); Gilchrist, Phil N. (Councillor)
Subject: follow up to question and answer session at Friday’s Improvement Board meeting

Dear Graham Burgess, Cllr Phil Davies, Cllr Jeff Green and Cllr Phil Gilchrist,

In order that the public know the progress of the commitments made on Friday’s Improvement Board meeting I am publishing this email and will happily also publish any replies unless you indicate that you do not wish your reply to be put in the public domain.

A brief update on some progress I have made on the appendices to the Anna Klonowski Associates Limited report. Appendix B (the Equality and Human Rights Commission Letter dated 29th December 2010) has been helpfully supplied by Paul Cardin.

Appendices C (the first improvement plan) and D (the Care Quality Commission Inspection Report) I discovered at the weekend had already been published by Wirral Council as part of a Cabinet agenda from over three years ago.

Appendix G (the Standards for England decision notices) have already been published too and I am not asking for appendix L (medical information relating to Martin Morton). This just leaves appendices E, F, H, I, J, K, M, N, O, P and Q.

With regards to my supplementary question about appendix P (minutes of the DASS Monitoring and Development Sub Group Meeting), as this was the only meeting minutes referred to in the appendices list I made an error. My question should’ve referred to notes in a different appendix, which contained the notes of the Charging Policy Working Group held on the 22nd August 2005, my apologies for any confusion caused.

I would be interested in receiving an unredacted copy of the notes and accompanying table (unredacted in respect of the three councillors who were there if deleting the redaction of officer names is an insurmountable problem) of the Charging Policy Working Group. The only councillor I am able to ascertain was there so far was Cllr Pat Williams.

With regards to appendix E (charging policy for supported living services) as this was a policy I presume it was agreed by councillors. It therefore can’t be claimed that a policy falls into one of the reasons you gave on Friday for not publishing the appendices. Publishing it would help the public understand the series of events that happened and whether it was an unlawful policy implemented by officers or whether officers acted outside of an agreed policy.

I am sure you (apart from Cllr Gilchrist who couldn’t be there) remember the mood of the public at Friday’s meeting and how although Wirral Council has changed in some ways that convincing the public of that change will be a difficult challenge.

I asked the questions I did on Friday because if the public were informed fully about what actually happened, then knowing what happened and the chain of events that led to it would allow the public to decide for themselves whether the changes made since then would prevent a reoccurence in the future.

Until there is more disclosure of what went happened, despite Wirral Council’s desire to “move on” some members of the public will still want to know and the details of who, what, why, where and when which at the moment are answers that are only filled with speculation.

I hope this sets out my position and I look forward to a more detailed response about the future publication (or the reasons against publication) of the remaining appendices to the Anna Klonowski Associated Limited report and the question about removing the redactions of councillor and officer names (at Head of Service level and above) in the Martin Smith report.

Yours sincerely,
John Brace

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What’s a Wirral Council councillor worth?

What’s a Wirral Council councillor worth?

What’s a Wirral Council councillor worth?

                       

Oliver asks for more porridge

Recently there has been a lot of anger expressed by the public over a proposed 11% pay rise for MPs from 2015. Wirral Council’s councillors (unlike MPs who after the expenses scandal agreed that the Independent Parliamentary Standards Authority would set their pay) still decide on what they’re paid. In fact the legislation states that when voting on this matter they don’t even have to declare an interest!

In a parallel with MPs, in order to keep the base amount that councillors get low over the years and presumably avoid a similar kind of bad publicity that the proposed pay rise for MPs is receiving, the base amount for being a Wirral Council councillor is currently set at £8,712 (equivalent to ~168/week). There are (in many cases similar to the MP’s expenses system) a bewildering amount of ways that Wirral Council’s councillors can increase this.

Each year what Wirral’s council’s councillors are paid is published on Wirral Council’s website. These figures I link to are from 2012/13. As Wirral Council’s financial year finishes about a month before we usually have elections (apart from next year when local elections will be combined with the European elections) there are some small amounts for people that were councillors for only a few weeks in that year or were elected part way through the financial year. If you discount these part year amounts, the amounts range from the basic £8,712 to £30,437.60 for the Leader of the Council Cllr Phil Davies.

In addition to the amounts in that list councillors receive extra if they represent Wirral Council on certain outside bodies such as Merseytravel or Merseyside Fire and Rescue Authority. Both of these bodies decide themselves on their own allowances scheme.

So what is proposed at Wirral Council? Well periodically the allowances scheme is reviewed by the “Independent Panel on Members Allowances”. The Independent Panel doesn’t meet in public and there isn’t any public consultation on its findings.

Reading its report its conclusions are based on the input of councillors (a census of councillors on pay, other authority’s independent reports and the direct input of Cllr Phil Davies, Cllr Jeff Green and Cllr Phil Gilchrist) as well as senior officers at Wirral Council.

In distinct echoes of the Independent Parliamentary Standards Authority proposed 11% pay rise for MPs, Wirral Council’s independent panel recommends “When the financial climate allows, due consideration should be given to reinstating the 5% austerity cut in the basic allowance.”

However the rest of the recommendations remain relatively uncontroversial and are unchanged to what they were previously. The allowances for the Mayor and Deputy Mayor (of £10,700 and £1,500) remain the same. Both the Mayor and Deputy Mayor attend a lot of different events during their year in Wirral. The Mayor also has to chair Wirral Council Council meetings. Keeping order and making sure Council meetings don’t degenerate into people speaking being drowned out by heckling, requires courage, tact and a sense of humour as well as the respect from other councillors.

About a year ago, much of the work of the Employment and Appointments Committee (such as appeals against dismissal, grievance hearings etc) was delegated to the Chief Executive Graham Burgess so the special responsibility allowance of its Chair of £2,751 is proposed to be scrapped.

The Chairs of the new Constituency Committees won’t receive any extra for their role, but this will be reviewed once they are “up and running” (suggested for October 2014). Pensions for Wirral’s councillors have been ruled out until the end of the current Government/Treasury consultation exercise.

The panel estimated that the average councillor spends twenty-three hours a week on the role and that any future increases in allowances should be linked to staff pay.

Finally I’ll make a number of what could be termed party political points (*breaking a general rule of mine on this blog and no I’m not a member of a political party despite rumours to the contrary) about councillors allowances and elections.

The arrangements that the political parties on Wirral have with their councillors (as far as I know and please leave a comment to the contrary if I am wrong) is that their councillors contribute a share of their allowances to their political party. This money is then used at election time (in conjunction with sources of other money) by that political party to help their candidates win votes from the public and get re-elected.

This is why there is only one independent councillor on Wirral Council (who was elected as a Lib Dem). Any independent candidate would have to either be independently wealthy in order to fund their own campaign or have a wealthy patron in order to stand a chance financially against the taxpayer funded political parties.

It leads to a system of safe seats on Wirral where one political party holds all the seats in a ward for a very, very long time. Voters are in such wards can become apathetic of voting as they feel the election is a foregone conclusion and their vote won’t make a difference to the outcome. The only thing that tends to shake things up are boundary changes.

Personally I view this current situation as bad for democracy (although those who it benefits may disagree). As much as some politicians may not like scrutiny, they make better decisions more in tune with public opinion when other political parties (and individuals) are scrutinising them. If a politician feels they may in the future either suffer the embarrassment of losing an election (or not be reselected by their party as their candidate) it can lead to them working harder in the public interest for the full term of their office (and not just at election time).

We have a system on Wirral where politicians’ future career prospects are based on reselection by their party who then goes on to fund their campaign (subsidised by the taxpayer). Comments on the system of democracy we have are welcome.

P.S. I’ll also formally announce something here I decided a while ago. I won’t be standing as a candidate in the Wirral Council elections in 2014.

Writing this blog and publishing the footage of public meetings (only possible because of media and consultancy work I do that is better paid than writing about Wirral Council) is in my view more in the public interest than the commercial work I do.

To be honest with you I’m much better at being a blogger with the freedom to say things as I see them rather than get bogged down in the party politics of Wirral (which is tarnished by a past reputation for doing things for party political reasons rather than acting in the public interest).

On a related matter the proposed legislation which includes a clause about filming Council meetings (the Local Audit and Accountability Bill) reaches its third reading and report stage tomorrow (17th December 2013). These are the last of its stages in the House of Commons.

There are two more stages to go after that before it becomes law. Once it becomes law there will be secondary legislation on the filming issue (the Local Government Association wants to be consulted on it), which will hopefully make the current unsatisfactory situation much clearer.

If the only result of starting this blog (and no it wasn’t just me getting angry about this issue but other people too I’m not going to take the sole credit despite this blog being cited in one of Pickle’s press releases about it) is that a change in the law will mean councils (and other bodies spending public money) in England won’t have any spurious legal grounds be able to justify banning audio or video recording of their meetings, then hopefully the greater openness and transparency that results will be a greater contribution to democracy than I could have ever achieved had I been elected as a Wirral Council councillor. Personally I would’ve preferred to try out the human rights arguments about the filming matter in a court of law, but a change of legislation is a better long-term outcome.

On the subject of courts of law, the libel case involving Jacqui Thompson (the woman who was arrested for filming a Council meeting in Wales) has a hearing in the Court of Appeal today. Update 14:40 Permission to appeal was refused. There have been reports in the press about the legality of Carmarthenshire County Council’s paying for its Chief Executive Mark James’ legal costs in this case.

In more local legal matters the issue of Wirral Council’s request for a possession order for Fernbank Farm will be decided at Birkenhead County Court some time in the New Year.

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4 down, 11 to go of the unpublished appendices to the Anna Klonowski Associates report

4 down, 11 to go of the unpublished appendices to the Anna Klonowski Associates report

4 down, 11 to go of the unpublished appendices to the Anna Klonowski Associates report

                        

from: John Brace
reply-to: john.brace@gmail.com
to: “Graham Burgess (Wirral Council Chief Executive)”
cc: Cllr Phil Davies , Cllr Jeff Green , Cllr Phil Gilchrist
date: 18 November 2013 11:14
subject: follow up to question and answer session at Friday’s Improvement Board meeting
mailed-by: gmail.com

Dear Graham Burgess, Cllr Phil Davies, Cllr Jeff Green and Cllr Phil Gilchrist,

In order that the public know the progress of the commitments made on Friday’s Improvement Board meeting I am publishing this email and will happily also publish any replies unless you indicate you do not wish your reply to be put in the public domain.

A brief update on some progress I have made on the appendices to the Anna Klonowski Associates Limited report. Appendix B (the Equality and Human Rights Commission Letter dated 29th December 2010) has been helpfully supplied by Paul Cardin.

Appendices C (the first improvement plan) and D (the Care Quality Commission Inspection Report) I discovered at the weekend had already been published by Wirral Council as part of a Cabinet agenda from over three years ago.

Appendix G (the Standards for England decision notices) have already been published too and I am not asking for appendix L (medical information relating to Martin Morton). This just leaves appendices E, F, H, I, J, K, M, N, O, P and Q.

With regards to my supplementary question about appendix P (minutes of the DASS Monitoring and Development Sub Group Meeting), as this was the only meeting minutes referred to in the appendices list I made an error. My question should’ve referred to notes in a different appendix, which contained the notes of the Charging Policy Working Group held on the 22nd August 2005, my apologies for any confusion caused.

I would be interested in receiving an unredacted copy of the notes and accompanying table (unredacted in respect of the three councillors who were there if deleting the redaction of officer names is an insurmountable problem) of the Charging Policy Working Group. The only councillor I am able to ascertain was there so far was Cllr Pat Williams.

With regards to appendix E (charging policy for supported living services) as this was a policy I presume it was agreed by councillors. It therefore can’t be claimed that a policy falls into one of the reasons you gave on Friday for not publishing the appendices. Publishing it would help the public understand the series of events that happened and whether it was an unlawful policy implemented by officers or whether officers acted outside of an agreed policy.

I am sure you (apart from Cllr Gilchrist who couldn’t be there) remember the mood of the public at Friday’s meeting and how although Wirral Council has changed in some ways that convincing the public of that change will be a difficult challenge.

I asked the questions I did on Friday because if the public were informed fully about what actually happened, then knowing what happened and the chain of events that led to it would allow the public to decide for themselves whether the changes made since then would prevent a reoccurrence in the future.

Until there is more disclosure of what went happened, despite Wirral Council’s desire to “move on” some members of the public will still want to know and the details of who, what, why, where and when which at the moment are answers that are only filled with speculation.

I hope this sets out my position and I look forward to a more detailed response about the future publication (or the reasons against publication) of the remaining appendices to the Anna Klonowski Associated Limited report and the question about removing the redactions of councillor and officer names (at Head of Service level and above) in the Martin Smith report.

Yours sincerely,
John Brace

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Standards for England email about missing councillor in Martin Morton complaint

Standards for England email about missing councillor in Martin Morton complaint

Standards for England email about missing councillor in Martin Morton complaint

                                

I realise as this is over two years ago this is probably regarded now as ancient history, but as far as I remember the name of the former councillor that was missing from the complaint of Martin Morton that Wirral Council incorrectly sent to Standards for England has not before been made public. Here’s an email from Standards for England that states who it was and refers to how they initially reached a decision on one councillor because with regards to the information sent by Wirral Council that they “were not provided with evidence to show that the complainant had made a complaint about her”.

from: Lori Holden “Lori.Holden@standardsforengland.gov.uk”
to: “john.brace@gmail.com”
date: 7 July 2011 11:02
subject: RE: complaint referred to Standards Board for England by Metropolitan Borough of Wirral with regards to Cllr Bridson, Cllr Williams, Cllr Roberts and Cllr McLaughlin made by Mr. Morton

Hi John,

Thanks again for you latest email. As previously confirmed, Standards for England received a referral from Wirral Metropolitan Borough Council’s Standards Committee’s Initial Assessment Panel relating to Councillors Moira McLaughlin, Denise Roberts, Pat Williams and Ann Bridson on April 1, 2011.

Standards for England made a decision, in accordance with section 58(2) of the Local Government Act 2000, as amended, that no further action be taken on the allegation in relation to all four councillors based on the information provided to us by the local authority.

However, with regards to Councillor Ann Bridson, we stated that we reached our decision of no further action on the basis that we were not provided with evidence to show that the complainant had made a complaint about her.

In relation to the referral we received on June 14, I have been advised that initial assessment of this complaint is still in progress. I would advise contacting me again by mid-week next week for an update and, if I hear of any developments in the meantime, I will let you know.

Hope this helps.

Kind regards,
Lori

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