Usually meetings of the Merseyside Fire and Rescue Authority start at 1.00pm and this had been down originally scheduled as starting at that time. However because a member of the Royal Family is coming to open the building today, the time of this meeting starting was changed in the very recent past at some point to 11.00am. Unfortunately the letter (see below) inviting me to the meeting didn’t mention the changed time (or indeed the time the meeting was supposed to start at all) and despite this being mentioned at least once at a recent public meeting of the Merseyside Fire and Rescue Authority neither of us changed the original time was starting in our diary (1.00pm) when we got back or received formal notification of the changed time!
letter from Merseyside Fire and Rescue Authority about filming petition received 6th December 2014
So I only realised the meeting was starting at 11.00am at around 11.00am this morning when I looked at MFRA’s website and was about to leave (for a meeting I thought started at 1.00pm) leaving no time to get there at all as by the time I get there it will be finished! So apologies to the petition signatories in that I won’t be able to speak for five minutes at today’s meeting or film it as originally planned!
“The petition (and accompanying letter) should be in people’s agenda packs at agenda item 3 (pages 7-8). In addition to the two on the paper petition included there, there are a further seven signatories on an online version of the same petition, however the lead signatory signed both versions making a total of eight individuals.
On the 18th November 2014 Merseyside Fire and Rescue Authority published on its website as a library item a seven page document titled MFRA Meeting Reporting Protocol and Procedure. This didn’t formally go on the agenda of a public meeting of the Merseyside Fire and Rescue Authority to be agreed but was published as a library item.
The issue of filming meetings was discussed at a meeting of the Policy and Resources Committee on the 23rd September 2014 (agenda item 6 The Openness in Local Government Regulations 2014). The minutes of that meeting state “The committee were advised that a report will be submitted to a future Authority meeting to approve amendments to the Authority’s Constitution following the impact of the Regulations.”, however there has not been a report to either the Authority meeting on October 2nd 2014 or today’s meeting to approve amending the constitution, which is what this petition calls for in asking for standing order 19.4 to be deleted.
Standing order 19.4 requires permission from the committee concerned before the public meeting can be recorded. As outlined in the government’s guide titled “Open and accountable local government A guide for the press and public on attending and reporting meetings of local government” the new regulations about filming apply to fire and rescue authorities in England such as Merseyside Fire and Rescue Authority.
Regulation 4 of the Openness of Local Government Bodies Regulations 2014, which came into effect in August of this year changed the legislation. “Principal council in England” in the legislation also refers to fire and rescue authorities in England. The legislation was changed to state “(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.”, “(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.” and “(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.” with reporting implicitly referred to as “filming, photographing or making an audio recording of proceedings at a meeting”.
Other public bodies on Merseyside that had existing standing orders in their constitution about filming such as Liverpool City Council and the Merseyside Police and Crime Panel changed either their constitution or rules of procedure after the new regulations came into effect back in August. The issue about the public making objections in the current MFRA Meeting Reporting Protocol and Procedure to meetings being filmed also needs to be changed, as it misleads chairs and others into thinking they still have the power to stop filming at a public meeting. They don’t have any legal power to stop people filming a public meeting of this body because of these new regulations. Therefore both the constitution needs to be changed and the existing MFRA Meeting Reporting Protocol and Procedure and I call upon councillors and officers to do so to bring both the constitution and the MFRA Meeting Reporting Protocol and Procedure up to date and in line with the new regulations. I look forward to hearing about your proposals for a way forward on this issue. ”
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Marvin the Martian returns to discuss 2 local political issues: the Greasby Fire Station saga and the King Street buildings collapse
Marvin the Martian returns to discuss 2 local political issues: the Greasby Fire Station saga and the King Street buildings collapse
Marvin the Martian from Disney’s Looney Tunes
The below is a fictional interview with Marvin the Martian about two issues Greasby Fire Station and the King Street building collapse. Marvin the Martian is trademarked to Warner Brothers Entertainment. Our legal team point out their trademark doesn’t actually cover its use on blogs but in case they try to argue this blog is an “entertainment service”, it isn’t, so no laughing! Yes I mean it, not even a smile! We also point out it’s not an infringing use of class 9 of this trademark as that refers to its use on goods rather than virtually.
JOHN BRACE: Thanks once again for agreeing to be interviewed about Greasby & the proposed fire station as well as the King Street building collapse. We couldn’t get straight answers on these issues out of anyone else.
MARVIN THE MARTIAN: You’re welcome. I live on Mars, but having read your press reports on this I’m confused. Perhaps you could help just briefly explain to your readers what’s happened so far in Greasby?
JOHN BRACE: Well Merseyside Fire and Rescue Authority decided to consult on closing two fire stations at West Kirby and Upton and building a new one, their preferred site was Greasby.
MARVIN THE MARTIAN: OK, I’ve got that bit. So who owned the Greasby site?
JOHN BRACE: Wirral Council own it.
MARVIN THE MARTIAN: So it’s just a cleared site, with nothing on it and has been declared surplus to requirements?
JOHN BRACE: No, it’s got a library and community centre on it already as well as some green space.
MARVIN THE MARTIAN: And there are four Wirral Council councillors on the Merseyside Fire and Rescue Authority?
JOHN BRACE: Yes.
MARVIN THE MARTIAN: And the Merseyside Fire and Rescue Service stated Wirral Council offered them a lease of the site (subject to planning permission/outcome of their consultation)?
JOHN BRACE: Yes.
MARVIN THE MARTIAN: But Wirral Council stated that they didn’t offer the Merseyside Fire and Rescue Service (or Merseyside Fire and Rescue Authority) the site to build a fire station on (subject to planning permission and the outcome of the consultation)?
JOHN BRACE: Yes.
MARVIN THE MARTIAN: Ahh so Greasby fire station is like Schrödinger’s cat, it was both offered and not offered to the Merseyside Fire and Rescue Service/Merseyside Fire and Rescue Authority at the same time?
JOHN BRACE: According to MFRS/MFRA & Wirral Council yes.
MARVIN THE MARTIAN: So did someone actually open the box and see if the “cat” was dead or alive?
JOHN BRACE: Some councillors tried to at last night’s Council meeting. The box was opened and it was (from last night’s meeting) a policy decision was formally made not to offer the Greasby site to Merseyside Fire and Rescue Service/Merseyside Fire and Rescue Authority.
MARVIN THE MARTIAN: So before that was the Greasby fire station dead or alive?
JOHN BRACE: Like the mysteries of quantum physics the answer to that depends on who you ask and when.
MARVIN THE MARTIAN: Ahhh, it makes no sense at all!
JOHN BRACE: This is Wirral Council. It’s not meant to make sense.
MARVIN THE MARTIAN: So let’s move on to something the Merseyside Fire and Rescue Service were involved in, the aftermath of the buildings collapsing in King Street one evening. Who were then owned by?
JOHN BRACE: Wirral Council.
MARVIN THE MARTIAN: OK, so why did they fall down?
JOHN BRACE: The “official” version is after they checked the rubble, is that there had been a bodged repair before Wirral Council bought them.
MARVIN THE MARTIAN: So did Wirral Council have a survey done before they bought these properties?
JOHN BRACE: Who knows?
MARVIN THE MARTIAN: So did Wirral Council have a survey done after they bought them?
JOHN BRACE: Well once they collapsed and the rubble was surveyed yes.
MARVIN THE MARTIAN: No, I mean after they bought them but before they collapsed!?
JOHN BRACE: Oh again, who knows? Although the collapse is being spun as a positive.
MARVIN THE MARTIAN: Why?
JOHN BRACE: Well as the buildings were in such a bad state of repair, they’d probably have had to be pulled down or expensively repaired. As they collapsed on their own it saves Wirral Council on some of the costs of demolition or repairs!
MARVIN THE MARTIAN: Your Wirral Council politicians are just as keen to put a positive gloss on disasters as our Martian ones are!!!
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The letter is included below. The gist of it is I can present my petition at the public meeting on the 16th December 2014. I’ve decided to present it myself and not through one of the councillors, considering that at least one of the Wirral Council councillors on the Merseyside Fire and Rescue Authority is well-known for his anti-public meeting filming views.
letter from Merseyside Fire and Rescue Authority about filming petition received 6th December 2014
I also get up to five minutes to state how many people signed the paper and e-petition, what the petition is about and “further supporting remarks”. I’ve decided to not opt for the “deputation” option which would have allowed councillors (including Cllr Steve Niblock if he is present) to ask questions of me.
Whereas I could probably talk on the subject of filming public meetings for more than five minutes, this is certainly a positive step on the road to getting things changed and having a say at a public meeting on the issue thanks to the many who have signed the paper and e-petition so far and the many more who watch the videos I’ve recorded since September of the Merseyside Fire and Rescue Authority meetings.
Moving to more local matters, tonight’s Council meeting has unusually two notices of motion on fire related matters.
The Labour motion “Government’s Fire and Rescue Service Cuts” is down to be debated tonight, I’m not sure what’s happening to the Conservative motion “No Fire Station in the Centre of Greasby” as nothing is now next to it on the agenda published on Wirral Council’s website. This is what each notice of motion states:
2. NO FIRE STATION IN THE CENTRE OF GREASBY Proposed by Councillor Tom Anderson Seconded by Councillor Wendy Clements
Council acknowledges the overwhelming public opposition to a fire station on the site of Greasby Library.
Council notes that this concern relates to the specific site, not to the policy of merging of fire stations.
Council impresses upon Cabinet:
(1) not to gift, sell, lease the land concerned at the centre of Greasby, because of the value it has for the community; and
(2) to ask officers to work co-operatively with Merseyside Fire and Rescue Service in identifying and facilitating a more suitable site for operational purposes and to maintain the amenity of the local people.
=======================================================================================================
3. GOVERNMENT’S FIRE AND RESCUE SERVICE CUTS
Proposed by Councillor Phil Davies Seconded by Councillor Adrian Jones
Council welcomes the announcement by the Leader of the Council to withdraw the Council-owned land in the centre of Greasby from consideration for a new fire station.
Given the Merseyside Fire and Rescue Authority’s obligation to maximise the protection of lives, and of property, it is inevitable that the location of Fire Stations may, from time to time, conflict with local preferences particularly where such structures may detract from the established scenic value of the MFRA’s preferred locations.
The Government’s devastating and unfair cuts to MFRA’s budget have resulted in the unavoidable need to cut the number of Fire Stations in Wirral. The Fire and Rescue Authority’s preferred location of a single Fire Station on a site in the centre of Greasby was based on its assessment of life saving response times. However, this would result in the loss of a much loved local green space.
The Council is asked to continue to work with the Merseyside Fire and Rescue Authority to identify an alternative site in the greater Greasby area.
Fire Brigades Union will strike for 24 hours from 0900 on 9th December 2014 to 0900 on 10th December 2014 over pensions dispute
Fire Brigades Union will strike for 24 hours from 0900 on 9th December 2014 to 0900 on 10th December 2014 over pensions dispute
Merseyside Fire and Rescue Authority Consultation and Negotiation Sub-Committee 2nd December 2014 L to R Unknown, Cllr Mahon (Chair), Dan Stephens (Chief Fire Officer), Phil Garrigan (Deputy Chief Fire Officer), Unknown, Cllr Robertson
Present (Consultation and Negotiation Sub-Committee, 4 out of 5 councillors were present, quorum is two):
Cllr Jimmy Mahon (Labour, Chair)
Cllr Leslie T Byrom (Labour)
Cllr Linda Maloney (Labour)
Cllr Tony Robertson (Lib Dem opposition spokesperson)
Also present: Dan Stephens (Chief Fire Officer) Phil Garrigan (Deputy Chief Fire Officer) Janet Henshaw (Clerk to the Merseyside Fire and Rescue Authority and Monitoring Officer) Fire Brigade Union guy 1 Fire Brigade Union guy 2 Union guy 3 Union guy 4 Two members of the public (of which the author of this blog post John Brace is one)
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The Chair started the Merseyside Fire and Rescue Authority meeting by stating in the event of a fire alarm sounding where the nearest fire exits were and people were to assemble at the assembly point across the car park in the event of a fire. Smoking would not be permitted during the Merseyside Fire and Rescue Authority meeting and the toilets were further down the corridor on the opposite side to the meeting room.
If anyone was requested to leave the meeting for whatever reason, recording was to not continue outside the room. He asked people not to leave on display anything that was private or confidential items on display.
There were no exempt items on the agenda for this meeting so the press and public wouldn’t be asked to leave. He asked if any of the two “observers” present had any objections to being filmed (one of whom is the person writing this). Neither of us (including myself) did. He asked people to have their mobile phones on silent, told people he was Councillor Mahon and declared the meeting open.
1. Preliminary Matters
An apology was given by Cllr Tony Robertson for Cllr Lesley Rennie.
An apology was given by the Chair for the Deputy Chief Fire Officer Phil Garrigan.
The Deputy Chief Fire Officer pointed out he was present.
No declarations of interest were made.
There were no items that the press and public would be excluded for.
The Chief Fire Officer, Dan Stephens introduced his report (CFO/124/14) on matters of negotiation and consultation with the trade unions since the last meeting on 2nd September 2014.
He referred to 45 service instructions issued since 2nd September, most had been agreed but nine were outstanding. Dan Stephens referred to the ongoing talks with the Fire Brigades Union and that the Fire Brigades Union did not agree with the health and fitness instruction as well as an ongoing national dispute. However there had been talks in London on the 10th and 11th of September and a further meeting in Liverpool on the 29th September.
The Chief Fire Officer on behalf of the Merseyside Fire and Rescue Service thanked Phil, Mark and Kevin for getting to the point where they had reached an agreement.
He referred to paragraphs 10 and 11 of his report about 24-hour shifts, the impact of station mergers versus outright closure and the mitigation he had recommended to the Merseyside Fire and Rescue Authority. With regards to the pensions dispute it was outside his influence and totally outside his sphere of control, however he hoped to maintain constructive dialogue and Merseyside was testament to strong industrial relations between the Merseyside Fire and Rescue Service and the Merseyside Fire and Rescue Authority.
There was notification by the Fire Brigades Union of a 24 hour strike from 0900 on the 9th December 2014 to 0900 on the 10th December 2014. An Early Day Motion by Hilary Benn MP had attracted 236 signatures so far. However the pension regulations had been laid before parliament and the 40-day period would conclude on the 11th December 2014, which was the reason for the timing of the notification of industrial action by the Fire Brigades Union.
If the pension regulations were agreed by Parliament they would come into effect on the 1st April 2015. He said he would take any questions.
The Fire Brigades Union representative referred to the service instructions and the enormous body of work it had entailed. They had put it forward to the national Fire Brigades Union to be recognised as a template. He agreed with the Chief Fire Officer that it was much better to have an agreed outcomes and agreed introduction.
He referred to the policies about aiding sick and injured firefighters rather than punitively punishing them and accepted the reassurances about the issue of 24-hour working. Rather than death by a thousand cuts, he wanted to deal with the issues now to give a relative period of stability moving forward. Finally he pointed out to everyone at the Merseyside Fire and Rescue Service that it was a national pensions dispute and he wanted to reiterate that there was excellent industrial relations locally in that they could talk about thorny issues without either side finding it offensive.
Cllr Maloney said that as an Authority they hadn’t got a clue as to what was going to happen.
Cllr Byrom said that during the strike period relationships on Merseyside had been cordial. Other authorities hadn’t seen this so he was grateful. He said that they “stand on the brink of considerable change”. In the tours they had been doing of fire stations, he’d been able to say to firefighters and members of the public it’s not the cheapest way of working but a better way of working to retain a full-time method of operation.
If they lost control of the agenda, the way to save money would be to move to retained. He said, “We don’t want that.” However, working closely with the staff and the public they serve, he wanted to put forward the message that it was safe, a good speed of response, a good weight of response and that the crews when they get there were prepared and trained.
The representative of the Fire Officers Association referred to the financial difficulties, the staffing model and how everyone was integral to providing an emergency service. He too referred to the 24-hour shift system. On the pensions issue he said that the government wasn’t moving and that they had got to persuade ministers and civil servants as there were issues that hadn’t been fully considered by the government.
He wanted (in reflection of the 236 MPs that had signed an Early Day Motion) a debate, otherwise there was something seriously wrong with politics. The union representative suggested that they address their MPs and ask them to sign the Early Day Motion apart from the one who is a government minister.
Referring to the MP for Wirral West, the Rt Hon Esther McVey MP, he said that she, “certainly doesn’t seem to live in the real world, doesn’t seem to want to know the impact of the cuts that are happening on this [Merseyside Fire and Rescue] Service”.
Although the Fire Brigades Union had said not to respond to the Adrian Thomas review of conditions of service and questionnaire, he had seen a tweet from the Deputy General Secretary encouraging members to respond to this. He had retweeted it, because he thought it was important as it affects all members.
He wanted Adrian Thomas as the independent person undertaking the review to fully understand and appreciate the concerns and issues of members. Looking forward to the budget proposals in February, the mergers were the big issue, he wanted to make sure that any cuts protected the frontline.
Cllr Tony Robertson (Lib Dem opposition spokesperson) that he agreed over the fulltime issue. He referred to his union background as a branch secretary and how there was a huge amount of respect on both sides. Although he was only a recently appointed member of the Fire Authority, he had read about it prior to becoming a member. He said that industrial relations were a hugely important issue as poor industrial relations would lead to a poor service. Cllr Robertson also said he had “no enthusiasm for city region government”.
The Chair referred to the disputes from 2003 and the £100,000 cost of getting the Green Goddess and how in the past the trade unions had told them what to do and how bad it was in the past. He compared how it was in 2003 to the improved industrial relations in 2014.
The Chief Fire Officer said to respond to Cllr Hanratty, that all MPs on Merseyside, bar the MP for Wirral West had signed the Early Day Motion, which included the Rt Hon John Pugh MP for Southport who is a member of the coalition.
The recommendations were agreed. The Chair said that the next meeting would be the 24th March 2015, he thanked people for their attendance and wished people a safe journey.
Bureaucrats ask councillors to agree filming/photo/audio recording ban at public meetings of Merseyside Fire and Rescue Authority
Bureaucrats ask councillors to agree filming/photo/audio recording ban at public meetings of Merseyside Fire and Rescue Authority
Merseyside Fire and Rescue Service crew in James Street, Liverpool 2nd September 2014
Above is the sort of photo for Merseyside fire stories that I’ll have to use if politicians agree to ban filming at future public meetings of the Merseyside Fire and Rescue Authority
Ed – updated at 12:46 8/12/14 to include link to petition and slight rewording of text.
In case it isn’t obvious, I will declare an interest as author in this article as a person who films public meetings of the Mersey Fire and Rescue Authority and reports on them as part of my job.
Merseyside Fire and Rescue Authority have come up with a draft MFRA Meeting Reporting Protocol and Procedure for politicians to sign off on at some future public meeting (which is presumably the Policy and Resources Committee meeting next week (however as the agenda has since been published and it’s not on it is must be a different meeting)).
What’s interesting is how draconian it is and how whoever wrote it seems to unaware of a some of the existing laws surrounding public meetings.
Currently the link to it on MFRA’s website is broken. Technically it is only in draft form until agreed by politicians. However the trade unions will probably have a few choice words to say to me about it when I discuss this with them!
Some of it is just common sense that I agree with such as trying to start public meetings on time. Some public authorities of course are known for starting their meetings before the scheduled start time or up to an hour after the scheduled start time.
Personally I was always taught that punctuality is just good manners but the public sector sometimes forgets to put its clocks back/forward or has watches that are a few minutes slow or fast. Councillors also seem to have great difficulty in getting to meetings on time. In fact I have known in the past some councillors arrive to meetings so late that the meeting has actually finished before they arrive.
However moving on from the perennial, "Wouldn’t it be nice if meetings actually started on time question?" to more serious points.
Here’s a quote from the draft document linked above:
"Temporary Building Works
Due to current building works which are ongoing until Spring 2015, The Authority are temporarily short of meeting and available waiting space. Please bear with us in accommodating you during this period.”
Now you’d think if that was the case the Merseyside Fire and Rescue Authority could have its meetings somewhere else in Merseyside. For example a room in one of Merseyside’s fire stations (they still have plenty of these don’t they?). Or is this just too much to ask?
"There will be a designated area in the meeting room for you to observe the meeting and to allow you to film, photograph and/or audio-record it. Wherever possible you will have access to a seat (although this may depend on how much space is available)."
Nice to know seats are optional. I don’t mind standing and filming meetings, but I’m sure others in the press expect an organisation to provide seats (especially to the disabled). Maybe this is the parlous state of the public sector in Merseyside though, they can’t even afford a few chairs any more.
"The Chair of the meeting will be informed if the reporting includes filming, photographing and/or audio-recording. Those attending the meeting who are not Members or officers will be made aware that they have the right to object to being filmed, photographed and/or audio-recorded by you."
I don’t mind people objecting, they can object all they like. Just makes meetings a little longer!
"You must not start filming, photographing and/or audio-recording until the Chair opens the meeting."
Usually I don’t anyway. Trouble happens is when does the meeting actually start (which can be before or after the time on the agenda)? Do I just start recording at the time on the agenda when the meeting could actually not start for a further ten minutes? What does “opens the meeting” actually mean? How do I even recognise a Chair?
Does the Chair saying, "We’re waiting for X, Y and Z to turn up so we’re going to wait another 5 minutes” count as the public meeting starting or not?"
Then it gets to the interesting bit:
"The Chair will announce at the beginning of the meeting that the meeting is being filmed, photographed and/or audio-recorded. He or she will then ask attendees whether they agree to be filmed, photographed and/or audio-recorded to allow them to register a personal objection. If anyone has a personal objection then the Chair can temporarily suspend filming, photographing and/or audio-recording to allow attendees to have their say.
Note: this does not apply to Members and officers."
Oh boy. This is going to be fun isn’t it!
You’re going to get councillors and officers object, then be told they can’t make an objection.
There could be between one and a dozen members of the public present. That could be half a dozen "personal objections". During the meeting itself the Chair has no say over suspending filming.
In order to suspend filming, the Chair would have to actually suspend the meeting or exclude the press and public (and if they did the latter how would the objections be heard)?
It goes on:
"If the Chair considers that the filming, photographing and/or audio-recording is disrupting the meeting he/she can instruct you to stop doing so. Therefore, it is worth noting that your equipment should not be noisy or otherwise distracting (e.g. flash and spotlights can be problematic)."
Ahh so this makes Chairs of Merseyside Fire and Rescue Authority meetings editors right? I’m just glad that my equipment films silently, I don’t carry spotlights with me and I don’t tend to use flash. This makes it even more unclear, earlier on it states the Chair can "temporarily suspend filming, photographing and/or audio-recording" now it states "he/she can instruct you to stop doing so."
There’s a big difference between being instructed to stop filming, photographing and/or audio-recording and temporarily suspending filming.
I’ve seen these "temporarily suspending filming" issues before. By temporary they can mean about two years.
If you refuse to stop filming, photographing and/or audio-recording when requested to do so, the Chair may ask you to leave the meeting.
That’s fascinating, what if I refuse to stop filming and just leave the room? Unless I stop it the equipment carries on recording in my absence…
I could leave the room, then come back. The equipment would still be recording.
"If you refuse to do so then the Chair may adjourn the meeting or make other appropriate arrangements for the meeting to continue without disruption. There are provisions in the Authority’s Constitution that allow this.
When the meeting is officially closed by the Chair you must stop filming, photographing and/or audio-recording."
In other words, we’re back to the old fallback position of Schrödinger’s cat. Public meetings can be filmed (in fact there’s a legal right to do so), but if someone tries to film one and someone objects they will no longer be classed as public meetings. They will be adjourned or some or all of the public will be excluded from the meeting. Or alternatively the Merseyside Fire and Rescue Authority would ask the Merseyside Fire and Rescue Service to call the Merseyside Police who would then presumably turn up to the meeting. If that happens, we’re probably heading for #daftarrest territory…
So to summarise:
Merseyside Fire and Rescue Authority thinks it can stop filming because despite knowing it was coming in February 2014, the new regulations on filming have taken them by surprise because they didn’t expect anyone would exercise their right to film some of their public meetings.
In total in this calendar year there are 29 public meetings scheduled of Mersey Fire and Rescue Authority.
As the new regulations came into effect on August 6th, only 11 of those can be filmed.
So far 7 public meetings of the Mersey Fire and Rescue Authority have happened since August 6th (plus a number of consultation meetings).
I’ve filmed one of the public consultation meetings and 3 out of 7 of the public meetings (four public meetings in total).
It would have made more sense for Merseyside Fire and Rescue Authority (who knew 9 months ago the regulations were coming into effect) to make the necessary changes to their constitution (as advised to by the government). Now we’re basically in the Liverpool City Council position.
The Merseyside Fire and Rescue Authority met on October 2nd 2014, but changing their constitution wasn’t even on the agenda.
The law has changed, but bureaucrats still cling to an unchanged bit of a constitution and state this gives politicians the right to stop filming of public meetings. Everyone is still clinging to the past and not moving on. It doesn’t work like that now, whether at the Merseyside Fire and Rescue Authority, Wirral Council, Liverpool City Council, the Liverpool City Region Combined Authority, Merseytravel or the Merseyside Police and Crime Panel. The last thing anyone should do is try to put politicians in charge of the press. That’s the way of a totalitarian regime.
If that ever happens they’ll censor anything “politically sensitive” from being published or ending up in the public domain. Say for instance like, trying to close fire stations. All they’d need to do is invite one member of the public along to make an objection and that would be it, no filming at the public meeting (or else).
There are a bunch of human rights issues this raises to such as:
a) whether searches by a public body of equipment the press have to do their job before they enter a public meeting is indeed lawful as the press/public have a legal right to be there.
Even the Merseyside Police aren’t allowed to start erasing journalistic material we’ve recorded, so why should Merseyside Fire and Rescue Authority be given access to our equipment either before, during or after a public meeting?
b) whether indeed the proposed policy/procedure is actually lawful on Human Rights Act 1998 (freedom of speech grounds)
c) as public bodies have to have some kind of legal power to do stuff like this, as the laws on preventing filming at public meetings of Merseyside Fire and Rescue Authority have been repealed exactly what legislation they think they can stop filming under and how they can justify it’s adherence to the Human Rights Act 1998 specifically s.6(1) in relation to Article 10 in Schedule 1 which states:
"Freedom of expression
1 Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.
2 The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary."
So I shall request to speak at the public meeting next week, I may even have organised a petition, but until the agenda is published I can only tell you when and where it meets and which councillors are on it:
Thursday 27th November 1.00pm
Merseyside Fire and Rescue Authority Policy and Resources Committee
Temporary Meeting Room, Merseyside Fire and Rescue Headquarters, Bridle Road, Bootle
You can click on each councillors’ name above if you wish to email them with your views on this proposed policy. If you don’t have email their phone numbers and addresses are also included. After all these 8 councillors are supposed to be there to represent your views in the decision making process! Alternatively please leave a comment to let me know what you think.
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