Further costs directions issued in EA/2016/0054 (Brace v Information Commissioner and Merseyside Fire and Rescue Authority) following Upper Tribunal appeal [2019] UKUT 305

Further costs directions issued in EA/2016/0054 (Brace v Information Commissioner and Merseyside Fire and Rescue Authority) following Upper Tribunal appeal [2019] UKUT 305 (AAC)

                                            

By John Brace (Editor)
and
Leonora Brace (Co-Editor)

Janet Henshaw (centre, former Merseyside Fire and Rescue Authority Monitoring Officer) December 2016 talking to councillors about costs in EA/2016/0054 at a public meeting of the Merseyside Fire and Rescue Authority Policy and Resources Committee (15th December 2016)
Janet Henshaw (centre, former Merseyside Fire and Rescue Authority Monitoring Officer) December 2016 talking to councillors about costs in EA/2016/0054 at a public meeting of the Merseyside Fire and Rescue Authority Policy and Resources Committee (15th December 2016).

Due to the ongoing nature of this costs application in the First-tier Tribunal (General Regulatory Chamber), comments are turned off.

Following the £500 costs order being overturned on appeal on two grounds by Upper Tribunal Judge Wikeley in October 2019, see [2019] UKUT 305 (AAC) and it being sent back to the First-tier Tribunal (General Regulatory Chamber) to be re-decided by a different First-tier Tribunal Judge, First-tier Tribunal Judge McMillan has issued further directions (dated 2nd June 2020) regarding MFRA’s costs application made in September 2016. The case reference number is EA/2016/0054 (although the order incorrectly states EA/2020/0054).

Continue reading “Further costs directions issued in EA/2016/0054 (Brace v Information Commissioner and Merseyside Fire and Rescue Authority) following Upper Tribunal appeal [2019] UKUT 305”

Why did the First-tier Tribunal (information rights) take over 2 years to decide on a permission to appeal request?

Why did the First-tier Tribunal (information rights) take over 2 years to decide on a permission to appeal request?

Why did the First-tier Tribunal (information rights) take over 2 years to decide on a permission to appeal request?

                                     

Liverpool Civil & Family Court, Vernon Street, Liverpool, L2 2BX (the venue for First-Tier Tribunal case EA/2016/0033)
Liverpool Civil & Family Court, Vernon Street, Liverpool, L2 2BX (the venue for First-Tier Tribunal case EA/2016/0054)

This recent judicial decision has a bit of a backstory to it by way of explanation.
Continue reading “Why did the First-tier Tribunal (information rights) take over 2 years to decide on a permission to appeal request?”

Why will councillors on Merseyside Fire and Rescue Authority only be shown a confidential report to be discussed on Thursday afternoon on the day of the meeting itself?

Why will councillors on Merseyside Fire and Rescue Authority only be shown a confidential report to be discussed on Thursday afternoon on the day of the meeting itself?

Why will councillors on Merseyside Fire and Rescue Authority only be shown a confidential report to be discussed on Thursday afternoon on the day of the meeting itself?

                                  

Cllr Dave Hanratty (Chair, Merseyside Fire and Rescue Authority) 22nd February 2018
Cllr Dave Hanratty (Chair, Merseyside Fire and Rescue Authority) 22nd February 2018

The author of this piece had the secrecy of two previously secret reports about fire station closures to Merseyside Fire and Rescue Authority overturned as a result of a consent order in First-tier Tribunal case EA/2016/0054.

A public meeting of Merseyside Fire and Rescue Authority’s Community Safety and Protection Committee that was originally planned for Thursday afternoon starting at 1.00 pm has been cancelled and replaced with a public meeting of the entire Merseyside Fire and Rescue Authority (all eighteen councillors and the Police and Crime Commissioner will be invited).
Continue reading “Why will councillors on Merseyside Fire and Rescue Authority only be shown a confidential report to be discussed on Thursday afternoon on the day of the meeting itself?”

So what happened each month in 2017?

So what happened each month in 2017?

So what happened each month in 2017?

                                    

Cllr Phil Davies on Hoylake Golf Resort at Hoylake Community Centre 9th December 2017
Cllr Phil Davies on Hoylake Golf Resort at Hoylake Community Centre 9th December 2017

2017 was such a newsworthy year it’s hard to know where to start.

January

The year started with councillors on Merseyside Fire and Rescue Authority furious over the refusal of planning permission for a new fire station in Saughall Massie.
Continue reading “So what happened each month in 2017?”

In response to my petition 2 1/2 years ago what changes are now proposed to Merseyside Fire and Rescue Authority’s constitution?

In response to my petition 2 1/2 years ago what changes are now proposed to Merseyside Fire and Rescue Authority’s constitution?

In response to my petition 2 1/2 years ago what changes are now proposed to Merseyside Fire and Rescue Authority’s constitution?

                              

Merseyside Fire and Rescue Authority 25th May 2017 left Cllr Dave Hanratty (Chair) right Janet Henshaw (Clerk to the Authority)
Merseyside Fire and Rescue Authority 25th May 2017 left Cllr Dave Hanratty (Chair) right Janet Henshaw (Clerk to the Authority)

A long time ago (December 2014) I started a petition about Merseyside Fire and Rescue Authority in relation to their policy and constitution on the matter of filming public meetings.

The petition started off just being myself and Leonora, but also attracted 7 online signatures (total 9, 7 online and 2 in paper form).

The petition called for a change to MFRA’s constitution and filming policy and went on the agenda of the Merseyside Fire and Rescue Authority meeting on the 16th of December 2014.

Due to a visit by royalty the time of that meeting was changed from 1.00 pm to 11.00 am. Although I was invited to speak at the meeting I wasn’t told formally of the change of time. So I wasn’t present as I didn’t know the meeting was starting 2 hours earlier than planned.

The councillors at that meeting resolved:

“a) The petition be noted;

b) The Authority’s awareness of the protocol and procedure developed following the introduction of the Openness of Local Government Bodies Regulations 2014, and its publication on the website for anyone wishing to attend or record proceedings be noted; and,

c) The Clerk be instructed to include any amendments to The Constitution, including revision of what is acceptable to the Authority as a petition, as part of the annual review, and provide with a covering report to the Annual Meeting 11th June 2015.”

Two years later, Merseyside Fire and Rescue Service have proposed to councillors a new draft constitution which includes a minimum number of five signatures on petitions.

I might point out that (c) was agreed by councillors to prevent a petition of two signatures being on the agenda. It seems to have ignored the fact that their constitution requires 7 working days notice before the meeting, so in those 7 working days the number on a petition can change!

So in the end my petition is likely to have caused a constitutional change (2 and a half years later), just not to the bit of the constitution that myself and the petitioners requested changed!

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