Cllr Williams “lack of personal accountability for the numerous errors of judgement made by officers & councillors”

Cllr Williams “lack of personal accountability for the numerous errors of judgement made by officers & councillors”

Cllr Williams “lack of personal accountability for the numerous errors of judgement made by officers & councillors”

                   

Please accept YouTube cookies to play this video. By accepting you will be accessing content from YouTube, a service provided by an external third party.

YouTube privacy policy

If you accept this notice, your choice will be saved and the page will refresh.

Near the end of the last Council meeting, after most people in the public gallery had left, Council decided to remove the guillotine (had they not done so it would’ve meant going straight to a vote on the motion and amendment without any speeches) for the movers and seconders of the motion on the Improvement Board and the movers and seconders of the amendment on that motion. If you’re not familiar with the conventions of how politicians are referred to in the language of Wirral Council just substitute Members in her speech for councillors.

Cllr Pat Williams (as the seconder of the Lib Dem amendment) made a speech on Wirral Council’s “improvement journey” (a phrase I dislike but couldn’t think of anything better) which can be heard starting at 3:58 on the video clip above.

Cllr Pat Williams (Deputy Leader of the Liberal Democrat Group): Thank you Mr. Mayor. I know it’s the spirit of peace and goodwill but in my opinion the Notice of Motion is too congratulatory and ignores the views expressed at the public meeting on the Improvement Board.

Quite clearly there are still unresolved issues of ongoing concern to the public. There is also a lack of personal accountability for the numerous errors of judgement made by officers and councillors during the period which led to the involvement of the Improvement Board.

To be proud of the quickness of the improvement of any Council in the country is seen as a badge of honour. The fact that this Council was in such a dreadful situation that there was a need for the Improvement Board’s involvement seems to be just accepted without any humility or shame.

Of course any improvement is welcome and to be fair to certain people and Members of the Council, particularly newer Members I don’t doubt their sincerity in wishing that Council becomes an outstanding Council.

However some longer established councillors are going to take some time to be convinced that Wirral Council is on the right track and is going to be willing to keep on the right track and that lessons have been learned by those who got us into the mess in the first place.

Labour encouraged Members to fully engage in the policy and performance committees and visioning events. The committees I believe in part are too big, particularly the Family and Wellbeing Committee and have far to wide an area of responsibility to allow full engagement in monitoring what is going on in various service areas.

The scrutiny reviews which are going to be undertaken have been interesting and very worthwhile. Hopefully they will influence future policy making. However to be done properly, they are very time consuming. In the meantime the ongoing work of the Council is not in my opinion being properly monitored.

The need for much more improvement is necessary. It must not be forgotten that Council exists to serve the people of Wirral. It is so easy to get bogged down in policies and procedures, but if they are not in the best interests of the people that they represent they are not worth the paper they are written on.

And of course Mr. Mayor, we must always consider the well being of staff and ensure that they are treated fairly through this period of ongoing change so that we can all work together to everyone’s mutual benefit.

I would say to the Administration “Good try, but could do better” and we’ll look for more improvements for when the Improvement Board come back and see has actually been achieved. Thank you.

If you click on any of these buttons below, you’ll be doing me a favour by sharing this article with other people. Thanks:

Blogger calls for Rt Hon Eric Pickles MP to consult public and press on local Council filming law

Blogger calls for Rt Hon Eric Pickles MP to consult public and press on local Council filming law

Blogger calls for Rt Hon Eric Pickles MP to consult public and press on local Council filming law

                          

Jenmaleo,
134 Boundary Road,
Bidston,
Wirral
CH43 7PH

Rt Hon Eric Pickles MP
Department for Communities and Local Government,
Eland House,
Bressenden Place,
London,
SW1E 5DU
eric.pickles@communities.gsi.gov.uk

23rd December 2013

Dear Rt Hon Eric Pickles MP,

As it is standard protocol to write to one’s own MP if one wants a reply from a Minister, I am also emailing a copy of this letter to my MP (the Rt Hon Frank Field MP). I am also publishing it on my blog and would be happy to publish any replies I receive to this letter.

In June 2013 your department published a press release titled Lights, camera, democracy in action that referred to problems I had earlier this year filming a meeting of Wirral Council’s Pensions Committee where the reason of “health and safety” was given. Your press release also referred to the Health and Safety Executive’s Myth Busters Challenge Panel’s view that the Council was “clearly hiding behind ‘health and safety’ as a convenient excuse rather than giving the real reasons for its concerns about full openness and transparency.”

In October you issued a further press release stating that a new law will give the press and public new rights to film and report council meetings (making specific reference to the Local Audit and Accountability Bill).

Since then a new clause was added to the Local Audit and Accountability Bill called “Access to local government meetings and documents“.

Once the Local Audit and Accountability Bill becomes law, this section will come into force two months later. However this section does not immediately (as was implied in your October press release) “confer new rights to film and report council meetings” as the only power it grants is to the Secretary of State for Communities and Local Government (currently yourself) to come up with further secondary legislation on this issue.

I quote from what was said on the 21st November 2013 when this section was discussed at the Public Bill Committee stage by Brandon Lewis MP (the Parliamentary Under Secretary of State at the Department for Communities and Local Government),

“It is fair to say that people should not be able to disrupt meetings. At the same time, however, we must get the balance right, as the regulations will, and we shall talk to the LGA about that. We must make sure that an authority does not use disruption as an excuse to stop people filming a meeting in a non-disruptive sense”, later he also said,

“That is why we will liaise with partners to make sure that the regulations are correct. We want to make sure that meetings are not disrupted, but, equally, that disruption cannot be used as an excuse to block fair and proper transparency. It is the inconsistent and unjustifiable excuses that councils occasionally use to refuse public access that we want the clause to address. Our intention is to make regulations that require local government bodies, including their committees, sub-committees and joint committees, to allow people to film, photograph, tweet and blog at their public meetings.”

In reference to the future regulations he said,”They may also specify that government bodies may reasonably ask for the filming or photographing to be done in such a way that they are not disruptive to the good order and conduct of the meeting.” and also “the Government intend to work with the LGA and the National Association of Local Councils to cover the detail of the regulations.”

I am concerned that as the government has only stated they will consult with the Local Government Association and the National Association of Local Councils on the detail of the regulations, that these two bodies will have the opportunity to comment on and suggest amendments to the regulations, when there is no commitment from the government that the people these regulations will affect (such as myself) who are currently filming local government meetings are to be consulted when the regulations are in draft form.

There are those who currently film local government meetings, bloggers who use clips of local government meetings in what they write, other members of the press, the public and other bodies (such as the National Union of Journalists) that may wish to comment on the detail of any draft regulations. Unlike primary legislation when members of the public can make submissions about proposed laws at the Public Bill Committee stage, I am not aware of any similar stage to secondary legislation (also referred to as regulations).

Three aspects worry me as to what could be in the regulations (especially as you have only committed to consult bodies representing local government views). I would appreciate the courtesy of a detailed response to these concerns. These concerning sections are in s.40 of the Local Audit and Accountability Bill.

“(2)Regulations under subsection (1) may in particular make provision—

(c)about the steps to be taken by persons before carrying on such activities;”

I presume this is about informing the body being filming before filming. However if filming is a “right”, why should someone have to tell a body before exercising that right?

My experience of having the courtesy to tell my local Council before filming was that every time I did so they made a concerted effort to prevent me filming. Requiring those filming to tell the body in advance could also give the impression that the body has a non-existent legal power to prevent being filmed. I am against any regulations about there being any prior steps to be followed in advance of filming.

“(2)Regulations under subsection (1) may in particular make provision—

(d) about the circumstances in which persons may not carry on such activities, including for enabling a person specified in the regulations to prevent them from doing so in the circumstances specified in the regulations.”

Apart from preventing filming during a part of the meeting where the press and public have been previously excluded I cannot think of any other circumstances in which this would be necessary or desirable (if the aim of these regulations is greater openness and transparency)? If regulations give local Councils any discretionary power to prevent filming (that they currently don’t have) when the meeting is open to the public my concern would be that that would be seen as a regulation that was incompatible with the Article 10 rights to freedom of expression of those wanting to film.

“(3)The Secretary of State may by regulations make provision—


(d) for the creation of offences in respect of any rights or requirements conferred or imposed by the regulations.”

It is unclear about which rights or requirements this is would cover. Clearly if your intention is to extend the provisions of the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 then the offences would be if people block or prevent people from exercising their rights under the regulations.

I would like a reassurance that the creation of offences does not include offences covering people exercising their right to film public bodies. Clearly if the regulations include a discretionary power (see 2(d) above) that the body can exercise to prevent filming, this could create an impasse where the body asks them to stop but they believe they have a right to film and refuse to do so.

Bearing in mind all the above, I would either like reassurance (individually on the above points) that my fears about what will be in the regulations and possible new powers granted to public bodies are either unfounded, or for the government to agree to a wider, public consultation on the principles behind the proposed regulations so that before proposing the regulations that you (and your officials) receive a balance of views on this matter rather than just the viewpoints of two bodies that solely represent local government interests on the draft regulations.

It is important that the press can easily hold local democracy in this country to account. I would not want to see either regulations that either make holding public bodies to account by the press unduly burdensome on those attempting to do so, or for public bodies to be granted new powers preventing their public meetings being recorded and the public knowing what they’re doing with their taxes.

I look forward to reading your response to this letter with interest (as I’m sure will my readers).

Yours sincerely,

John Brace

First response received 23rd December via email at 13:48.

from: EEMA_EPICKLES
to: john.brace@gmail.com
date: 23 December 2013 13:48
subject: Thank you for your email to the Rt Hon Eric Pickles MP

Thank you for your email to the Rt Hon Eric Pickles MP, the Secretary of State at the Department for Communities and Local Government.

Our aim is to consider the issues you raise and to respond within 15 working days.

If we feel that the issues raised do not fall within the Department’s responsibilities, we will try to transfer your email to the relevant government department and ask that they reply to you directly.

DCLG Contact Us Team.

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

This email and any files transmitted with it are private and intended solely for the use of the individual or entity to which they are addressed. If you are not the intended recipient the E-mail and any files have been transmitted to you in error and any copying, distribution or other use of the information contained in them is strictly prohibited.

Nothing in this E-mail message amounts to a contractual or other legal commitment on the part of the Government unless confirmed by a communication signed on behalf of the Secretary of State.

The Department’s computer systems may be monitored and communications carried on them recorded, to secure the effective operation of the system and for other lawful purposes.

Correspondents should note that all communications from Department for Communities and Local Government may be automatically logged, monitored and/or recorded for lawful purposes.

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

The original of this email was scanned for viruses by the Government Secure Intranet virus scanning service supplied by Vodafone in partnership with Symantec. (CCTM Certificate Number 2009/09/0052.) On leaving the GSi this email was certified virus free.
Communications via the GSi may be automatically logged, monitored and/or recorded for legal purposes.

If you click on any of these buttons below, you’ll be doing me a favour by sharing this article with other people. Thanks:

Improvement Board (15th November 2013) The next five minutes (a transcript)

Improvement Board (15th November 2013) The next five minutes (a transcript)

Improvement Board (15th November 2013) The next five minutes (a transcript)

                                   

Please accept YouTube cookies to play this video. By accepting you will be accessing content from YouTube, a service provided by an external third party.

YouTube privacy policy

If you accept this notice, your choice will be saved and the page will refresh.

A previous post on this blog deals with the first five minutes of the Improvement Board meeting. Since then over roughly a week since the video of the Improvement Board meeting was uploaded to Youtube, the first part of the meeting has been viewed nearly two hundred times at the time of writing! As there was such interest in it, I thought I’d continue with a transcript of the meeting, carrying on where I left off which was five minutes and twenty-four seconds in.

Joyce Redfearn (Chair, Improvement Board): We’re going to move on in terms of making sure we get through the questions. John Brace, are you present, yeah?

John Brace: As there are quite a lot of questions and they’re in here already, I’m quite happy with you reading them out if that would be speeding things up a bit.

Joyce Redfearn (Chair, Improvement Board): I think that’s really helpful of you and thank you for submitting it in advance, because people have the script in front of them and because it’s long, I won’t actually read it out as we did in one of the other sessions if that’s alright, but we will let you come back when we’ve given the answer, unlike the other sessions, in terms of if there are supplementary questions or points that you feel we didn’t cover from your email, ok? Thank you. Graham do you want to go?

Graham Burgess (Chief Executive, Wirral Council): Just in response to the first question which relates to a whole series of appendices to the AKA report, our view is that err all the appendices actually contain very sensitive personal information and to release those appendices would be in breach of data protection and also the duty we have to individuals who gave us information in confidence, or in relation to their own personal medical or financial circumstances. Therefore it’s our view that it would be inappropriate to release those documents as they contain a whole host of sensitive information. Clearly these matters can be tested, if you wish to test our view, via FOIs and the Information Commissioner, but so far our position has been and has not been challenged in respect of those appendices. It’s our view as you can see from some of them anyway, clearly showing they do contain very sensitive personal information.

Joyce Redfearn (Chair, Improvement Board): I think that was recognised within the question, certainly in terms of one of the appendices, thank you.

Cllr Jeff Green (Leader, Conservative Group): Yeah, can I just check when the Chief Executive said ‘we decided’ who the we were?

Graham Burgess (Chief Executive, Wirral Council): Well it’s the Council, I clearly represent the Council.

John Brace: Sorry, as I’m entitled to a supplementary on that. In relation to that list, I know that there were councillors present at that one and that was used as a justification that councillors had signed off on the special charging policy, so if you released it with the other names blacked out, wouldn’t that mean people could have at least a bit of accountability as to who the people were who agreed to that?

Graham Burgess (Chief Executive, Wirral Council): Can I also say Chair that with your agreement it would be the intention of the Council to print all these questions, place all these questions on our website and all the answers to them as well so it can be available for people who couldn’t make it at this meeting so they can see what we’re saying.

In respect of that, obviously this is a question that only came in at five o’clock last night which was reasonable and obviously your supplementary has just been asked now so I’d need to probably go away and take advice on that point and we’ll give you the answer both to you John personally and put the answer on the website for everybody to see and certainly Joyce and the Improvement Board will take that into account when they write the final report.

Joyce Redfearn (Chair, Improvement Board): So thank you, for that particular question, it’s really helpful. Do you want to keep on going in terms of the series of questions because we’ve got them in front of us?

Graham Burgess (Chief Executive, Wirral Council): The next question I think refers to the Martin Smith report and again our position is the Martin Smith report was redacted as it contained personal information and the Council has a legal obligation with regards to public disclosure of that information to the individuals mentioned in that report.

The Council’s responsibility extends not only to the public, but to any person or body to which the information relates, the Council considers every case on its merits and maintains its position that disclosure is not appropriate in these circumstances. Once again there are ways of challenging the Council, via the Information Commissioner another way if you think the Council is being unreasonable and the Council has and will always respond to the Information Commissioner’s ruling.

I would say however that perhaps the most important part of that report particularly is the recommendations around our whistle blowing, grievances and bullying policies, all of which have been progressed in line with that report and all of which is referred in response to critical incidents report that’s also considered by the Audit Committee last night.

Joyce Redfearn (Chair, Improvement Board): Thank you, is there anything further as you’re present that you want to ask? Move onto the councillors point which is in the next question.

Graham Burgess: Thank you, I’ll just stay standing up, shall I?

Joyce Redfearn (Chair, Improvement Board): Yeah, I think you should, you could keep your jacket off.

Graham Burgess (Chief Executive, Wirral Council): Again it’s a similar point that the Council does have responsibilities to the individuals named in these reports and this must be considered in relation to disclosure and redaction. Full disclosure of the Martin Smith report would in the Council’s opinion contravene its legal obligations under the Data Protection Act, with regards to upper management’s control of information in its possession.

Once again there are ways of challenging the Council independently if people have a different view and I would encourage people if they don’t agree with the Council’s position to challenge us and we will state our case to the Information Commissioner or any other relevant body. We believe as well as obligations to the public as a whole, we have obligations to individual members of staff, public, service users to protect their interests and that’s why we’re acting in this way.

If however, people think we’re wrong, then it’s worth challenging our position and we welcome people challenging our position. Thank you.

Member of public heckling: You’re wrong, you welcome challenges, you’re wrong. You’re far from being open and transparent and that’s ridiculous. I apologise to you all for that.

Graham Burgess (Chief Executive, Wirral Council): Can I just say?

Joyce Redfearn (Chair, Improvement Board): That’s your view, so I, what we will do is allow further questions and comments at the end and I understand that was a heartfelt, but we’ll go through the series if that’s ok with you.

Member of public who previously heckled: Apologies about the time you take on this decision.

Graham Burgess (Chief Executive, Wirral Council): Can I just say clearly if people think we are wrong, that’s perfectly right to challenge us and there are ways of processing those and it can be challenged independently and we welcome those challenges and if we are wrong of course we will publish the documents.

12:04

If you click on any of these buttons below, you’ll be doing me a favour by sharing this article with other people. Thanks:

Cross party support for new legislation on filming Council meetings (in England)

Cross party support for new legislation on filming Council meetings (in England)

Cross party support for new legislation on filming Council meetings (in England)

                               

The Local Audit and Accountability Bill progresses through the House of Commons. The Local Audit and Accountability Bill Committee on Thursday 21st November 2013 discussed the new clause to be added to the bill about filming of local Council meetings. New clause 4 is a new clause added to the bill about filming. As there’s quite a bit of interest, both on the Wirral and further afield about this issue, I’m including below (from Parliament’s website) what was said on this issue.

Once the Local Audit and Accountability Bill becomes law, the provisions on filming in it will require a further statutory instrument to be agreed before they become a legal requirement on local Councils (which hopefully will also repeal some of the legislation that’s been used to prevent filming too).

Below is the text of what was said in the Local Audit and Accountability Bill Committee on the 21st November. The text below contains Parliamentary information licensed under the Open Parliament Licence v1.0.

The Chair:

With this it will be convenient to discuss the following:

Government amendment 134.

Government new clause 4—Access to local government meetings and documents.

Government amendment 135.

Brandon Lewis:

The amendments give greater rights to the public to access or report on local government meetings and documents. Before I talk about the details, I want to thank the hon. Member for Corby and his colleague, the right hon. Member for Leeds Central (Hilary Benn), for supporting the instructions to the Committee to allow us to widen the scope of the Bill in order to debate the amendments. I hope that the hon. Gentleman will support the amendments. I appreciate our conversations outside the Committee.

New clause 4 gives the Secretary of State the power to make regulations about the public’s access to the meetings and documents of local government bodies. Transparency and openness can be achieved only when people, including citizens and professional journalists, have adequate rights to attend their local government bodies’ meetings. Public meetings of local government bodies should be fully accessible to those who cannot attend in person, so that the public can hold those bodies to account.

We are introducing this measure because openness is an issue that fundamentally affects the lives of communities. We have already introduced greater transparency and openness to the meetings of the council’s executive, its committees and sub-committees through the Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012.

Although the regulations give local people more rights to attend meetings of the council’s executive and to access information relating to decisions made in those meetings, the same rights do not extend to the meetings of full council, its committees, sub-committees and joint committees, parish and town councils, and other local government bodies. On top of this, in recent months, there have been some disgraceful incidents when members of the public have been ejected from meetings simply for trying to film them.

For example, a council we have all talked about a great deal in the past couple of weeks, Tower Hamlets, barred a 71-year-old resident from filming owing to the risk of

“reputation damage to the authority”.

Keighley town council blocked residents from filming, because it would have been a

“breach of standing orders”.

Stamford town council banned journalists from tweeting at meetings owing to the risk of their

“not accurately portraying a debate.”

If we were all banned from tweeting across the Chamber, life would be somewhat less interesting, as we saw yesterday.

When I was a council leader in 2005, I introduced the webcasting of all meetings, and we noticed how the community can really benefit. On a cold winter’s night, if a member of the public is interested in a particular part of what can be a very long council meeting and they do not necessarily know which issues will take longest, instead of having to come along and sit through one hour to five hours of a meeting for an issue that could be at the back end of it, the member of the public can sit at home and watch it at their leisure. Also, in our system, they can send questions and messages if they wish. It opens up democracy to the public in a more accessible way in the modern world.

We now live in a digital world where the use of modern communication methods, such as filming, tweeting and blogging are widely embraced. There is no reason why such communication methods should not be welcomed, particularly for enhancing the openness of local government bodies.

Chris Williamson (Derby North) (Lab):

Will the Minister outline whether any codes of practice should be adopted? The measure could be used in an unhelpful way. I support the notion of people being allowed to record and film in council meetings. Indeed, when I was leader of Derby city council, I set up the webcasting of our council meetings. It is important to have greater access, but will we have a code of practice to prevent abuse taking place?

Brandon Lewis:

The hon. Gentleman makes a fair point. It is good that, as we saw on Second Reading, there is agreement throughout the House on the importance of transparency and how it can be beneficial. It is fair to say that people should not be able to disrupt meetings. At the same time, however, we must get the balance right, as the regulations will, and we shall talk to the LGA about that. We must make sure that an authority does not use disruption as an excuse to stop people filming a meeting in a non-disruptive sense.

I was shown an example on YouTube. A council somehow managed to “lose” the recording of a council meeting that was webcast on the internet. The council had the embarrassing situation that the chairman of a panel did not like what was going on and decided to leave. However, he had not actually ended the meeting, so somebody else took the chair and carried on. Amazingly, that disappeared from the webcast, but somebody videoed the meeting on their own camera, and they put it on YouTube. Nothing particularly exciting was going on, but the point is that if members of the public are allowed to film—I am not sure anybody knew this person was filming at the time—we can make sure that transparency survives.

I do take the hon. Gentleman’s points on board. That is why we will liaise with partners to make sure that the regulations are correct. We want to make sure that meetings are not disrupted, but, equally, that disruption cannot be used as an excuse to block fair and proper transparency. It is the inconsistent and unjustifiable excuses that councils occasionally use to refuse public access that we want the clause to address. Our intention is to make regulations that require local government bodies, including their committees, sub-committees and joint committees, to allow people to film, photograph, tweet and blog at their public meetings.

The regulations may also specify that any persons attending a meeting for the purpose of reporting the proceedings should inform the relevant body of their intention before filming or photographing—the important word there is “inform”. They may also specify that government bodies may reasonably ask for the filming or photographing to be done in such a way that they are not disruptive to the good order and conduct of the meeting.

Allowing local people to attend and report on meetings of local government bodies will help them to understand the local decision-making process and empower them to be involved in making decisions that affect our lives.

Amendment 130 requires the regulations to be subject to the affirmative procedure when amending primary legislation. That will give both Houses of Parliament the opportunity to debate the regulations before approving them through resolution. Where they amend secondary legislation, the negative procedure will be used.

Amendment 134 specifies that the power to make regulations will come into force two months after the Bill has been passed, as is the usual practice. As I said, the Government intend to work with the LGA and the National Association of Local Councils to cover the detail of the regulations.

Amendment 135 simply updates the Bill’s long title to reflect the inclusion of new clause 4.

Andy Sawford:

We support the clause. We were pleased to support the Government’s extending the scope of the Bill and introducing these provisions.

I read the 1988 debate about televising the House of Commons, and I noted Members’ sincerely held concerns that it could fundamentally change the character of the House of Commons and the way in which debates took place, and concerns that those changes to the way our Parliament functioned could harm our democracy. What Member of the House of Commons today would argue against televising the House of Commons?

Claire Perry (Devizes) (Con):

There are some. [Laughter.]

Andy Sawford:

One Member says there may be some, but I think there would be near-unanimity in the House of Commons that filming is the right thing for our democracy and that it is right for the public to see what we get up to. Even if we do not always give the best account of ourselves in the public’s eye, they can at least see the debates that take place, including in Select Committees and other forums around Parliament.

I have a confession to make, although I hope it will not come as a surprise to this particular group of hon. Members, with their experience of local government—many of them have been local councillors. I have availed myself of the webcasting my hon. Friend the Member for Derby North and the Minister introduced in their local authorities. During my research as a member of the Local Government Information Unit I did that to look at debates in not only my own local authority, but other local authorities around the country. Although I recognise that the viewership of local council webcasts is often quite small, the fact that they are there and that the public can see what is happening in their local council chamber is a source of strength for our system of local democracy and local government around the country. We should note, however, as I did when I was reading the 1988 debate, that there was some difference of view between longer-serving Members of the House of Commons at that time and a newer generation of Members who had more recently entered Parliament. The same could be said of councils around the country, and I note that two of the smaller parish councils were highlighted by the Minister as recent examples of where there had been a problem. We are aware that diversity is increasing in local government, and we would all hope to encourage that, but we are also aware that the generation that is leading the world of blogging and the use of online media is not as well represented in local government as those for whom that new world may be something of a challenge to their way of operating in the local council chamber.

In communicating that to local authorities around the country—I am sure that the Minister will agree with this sentiment—I hope that we would not, in any way, try to beat local councils over the head for not having already embraced the change, but rather that we would communicate with them persuasively about why this is a good thing in their local chambers, and why they should move quickly to ensure that they fully comply with the clause as it is introduced.

I want to add something to the point that my hon. Friend the Member for Derby North made, and I thought the Minister’s response was welcome. We all want to ensure that the risk of disruption is minimised. For example, concerns have been put to me that a member of the public, because of their view about one particular member of the authority, could focus all their filming on that member even though the member may not be actively speaking or participating in the debate at a given time. That, in itself, may be something that an elected member of a local council might just have to grin and bear, but there is a point about fair and appropriate conduct by members of the public when they are in the council chamber.

However, the Minister struck the right tone, as I am sure my hon. Friends would agree, in indicating that the bar would be high on disruption, and that it should not be used as an excuse by a local authority not to open up their proceedings properly. With that welcome assurance from the Minister, and in the knowledge that he will consult on and develop guidance in order to implement the provision, I welcome the clause, which enjoys the Opposition’s support.

Brandon Lewis:

I knew there would come a point in the Committee when I and the hon. Member for Derby North agreed wholeheartedly. It had to happen. We got there eventually, as I shall no doubt tweet later today.

On a more serious note, there is just one other point to make. I agree with everything that has been said, and I appreciate the support. It is important that local government and the public see that there is cross-party support for opening things up and ensuring that there is transparency, which, importantly, local government should embrace. The hon. Member for Corby is right about how we put the message across to local government. What I say to local government and put on the record is that this is not only about ensuring that there is transparency, so that the public can see what is going on and how councils spend money. As important as that is, local government should see this as a chance for great councillors around the country to show the good work that they are doing and how hard they work for their communities. Therefore, it is a positive step for them.

Amendment 130 agreed to.

If you click on any of these buttons below, you’ll be doing me a favour by sharing this article with other people. Thanks:

The Klonowski Files (Part 1) Equality and Human Rights Commission letter dated 29th December 2010

The Klonowski Files (Part 1) Equality and Human Rights Commission letter dated 29th December 2010

The Klonowski Files (Part 1) Equality and Human Rights Commission letter dated 29th December 2010

                       

On Friday I asked at a meeting of the Improvement Board, Graham Burgess (Wirral Council’s Chief Executive) the following question:

The final report of Anna Klonowski Associates Limited was published as part of the Cabinet agenda of the 12th January 2012. Wirral Council also received from Anna Klonowski Associates sixteen appendices (listed below), which apart from appendix G (Standards for England decision notices) have not been published. If Wirral Council is now “open and transparent” when will the other fourteen appendices be published (except for appendix L)?

A Appendices as Referred to in the Report
B Equality and Human Rights Commission Letter Dated 29 December 2010
C First Improvement Plan
D Care Quality Commission Inspection Report
E Charging Policy for Supported Living Services
F Documents Relating to 27 Balls Road
G Standards for England Decision Notices Cllr Pat Williams, Cllr Moira McLaughlin, Cllr Denise Roberts and former Cllr Ann Bridson
H Documents Relating to Reimbursement Claims
I Emails Relating to Supported Living Contracts
J Documents Relating to Service Provider 2
K Documents Relating to Service Provider 3
L Medical Information Relating to Martin Morton (MEDICAL IN CONFIDENCE)
M Documents Relating to Service Provider 4
N Minutes of Adult Protection Strategy Meeting Relating to Service Provider 4
O Documents Relating to the Safeguarding Adults Unit
P Minutes of the DASS Monitoring & Development Sub Group Meeting Held on the 11 December 2008
Q Employment Dates for WMBC Employees

A brief explanation about some of the acronyms used above. DASS refers to Department of Adult Social Services and WMBC to Wirral Metropolitan Borough Council. Service Provider 2 was Assisted Living Services (ALS), Service Provider 3 was Salisbury Independent Living Services (SIL) and Service Provider 4 was Options for Living according to this key to the terms used in the Anna Klonowski Associates report.

Please accept YouTube cookies to play this video. By accepting you will be accessing content from YouTube, a service provided by an external third party.

YouTube privacy policy

If you accept this notice, your choice will be saved and the page will refresh.

The answer given by Graham Burgess (unfortunately he didn’t give a separate answer for each appendix) and starts at 6:12 in the video above was, “Just a response to the first question which relates to a whole series of appendices to the AKA report.

Our view is that all those appendices actually contain very sensitive personal information and to release those appendices would be in breach of data protection and also the duty we have to individuals that gave us information in confidence or relating to their own personal, medical or financial circumstances. Therefore it’s our view that it would be inappropriate to release those documents as they contain a whole host of sensitive information.

Clearly these matters can be tested, if people wish to test our view, by FOIs and the Information Commissioner but so far our position has been and has not been challenged in respect of those appendices. As you can see from some of them anyway clearly showing they do contain very sensitive personal information.”

Joyce Redfearn, Chair of the Improvement Board said, “I think that was recognised within the question certainly in terms of one of the appendices.”

Cllr Jeff Green, Leader of the Conservative Group said, “Yeah, can I just check with the Chief Executive said ‘We decided’ who the we were?”

Graham Burgess, Chief Executive responded, “It’s err the Council. I’ve no doubt said the Council.”

John Brace said, “Sorry, as I’m entitled to a supplementary on that. In relation to P in that list which is the minutes of the DASS Monitoring & Development Sub Group Meeting. I know that there were councillors present at that one and that was used as a justification that councillors had signed off on the special charging policy. So if you released it with the other names blacked out, wouldn’t that then mean people could then have at least a bit of accountability as to who the people were who agreed to that?”

Graham Burgess responded, “Can I also say Chair, that with your agreement it would be the intention of the Council to print all these questions, to place all these questions on our website and all the answers to them as well so they can be unearthed by people who couldn’t make this meeting so they could see what was said and what we’re saying.

In respect of that errm, obviously this is a question we got at five o’clock last night which was reasonable and obviously your supplementary has just been asked now. So I’d need probably to go away and take advice on that point and we’ll give the answer both to you John personally and put the answer on the website for everybody to see. Certainly Joyce and the Improvement Board will take that into account when they write the final report.”

Joyce Redfearn said, “So thank you for the particular question, it was really helpful.”

Below is the first appendix I asked to be published, appendix B (Equality and Human Rights Commission Letter Dated 29 December 2010) supplied by Paul Cardin (not Wirral Council), who has further information on some of the background to the letter in a blog post headlined “The Saga of DLA Piper – can the truth finally be allowed to emerge? Er, not yet…”. You can click on the image of the letter for a larger image, but as search engines can’t spider images, the text of the letter is also included below it.

Letter to Angela Eagle MP from Mike Smith, Chair of the Disability Committee of the Equality and Human Rights Commission

Equality and
Human Rights
Commission

equalityhumanrights.com

29 December 2010

Angela Eagle MP
House of Commons
London
SW1A 0AA

Dear Ms Eagle
Mr Paul Cardin

In response to your letter of 9 November 2010, in which you outline Mr. Cardin’s concerns that the overcharging of disabled residents amounted to discrimination.

I do not agree with the conclusions drawn by the Council’s Director of Law namely that discrimination did not occur because the residents were not overcharged for reasons relating to disability.

Current discrimination law and supporting case law clearly establish that motive and intent are irrelevant to this issue. The facts are that disabled people were subject to unlawful levels of charging (whether or not the cause was maladministration).

It is therefore the opinion of the Commission that Mr. Cardin’s concerns should be included in the Inquiry, in order to identify whether there are other issues or systemic problems that need to be addressed.

Furthermore inclusion of Mr. Cardin’s concerns in the Inquiry will assist the Local Authority in communicating their commitment to fully investigating this matter.

Yours sincerely

Mike Smith
Chair of the Disability Committee

Equality and Human Rights Commission
3 More London Riverside
Tooley Street
London
SE1 2RG
Tel: 020 3117 0235
Fax: 020 7407 7557
info@equalityhumanrights.com

The Equality and Human Rights Commission was established by the Equality Act 2006 as the Commission for Equality and Human Rights

So going through the list of reasons Graham Burgess gave for not publishing appendices such as these.

1. Does it contain “very sensitive personal information”?

No, it doesn’t. It does contain Paul Cardin’s name and if Wirral Council wished to protect his privacy it could easily have been released the letter with his name blacked out. However I had Paul Cardin’s permission to republish the letter without any redactions.

2. Would it be a breach of the data protection legislation for Wirral Council to release and publish such a letter?

In my view no (apart from the point about whether Paul Cardin’s name should be included when published or not). Wirral Council have been criticised in the past for using the spurious reason of data protection legislation to try and stop filming of their meetings so I don’t think they’re as familiar with this legislation and case law on the subject as they claim to be. My own personal experience is that I’ve previously won a case (in 2012) in the Birkenhead County Court involving a breach of the Data Protection Act 1998 where one of the two defendants was a Wirral councillor. Sadly it seems at least one Wirral councillor has very little understanding of the data protection legislation.

3. Would it breach the duty Wirral Council has to individuals that gave them information in confidence?

No, this is a letter written to Angela Eagle MP. I very much doubt that Mike Smith was told by Anna Klonowski Associates Ltd that his letter would be kept confidential or that he was providing it on these terms to Anna Klonowski’s investigation on those terms.

4. Does it relate to personal, medical or financial circumstances?

No, it does relate to overcharging but not in detail.

This however brings us to a final question which seems to be the crux of the matter.

5. Would releasing or publishing a letter from the Chair of the Disability Committee of the Equality and Human Rights Commission that states that disabled people were subject to unlawful levels of charging which amounted to discrimination, which contradicts the legal opinion of Wirral Council’s former Director of Law be something that would be embarrassing to Wirral Council? The answer to that one is yes. As usual comments on this matter are appreciated.

If you click on any of these buttons below, you’ll be doing me a favour by sharing this article with other people. Thanks: