Why are Bombardier suing Merseytravel over the contract for new trains?

Why are Bombardier suing Merseytravel over the contract for new trains?

Why are Bombardier suing Merseytravel over the contract for new trains?

                                           

Councillor Steve Foulkes (Lead Member for Finance and Organisational Development) (left) at a Merseytravel Committee meeting
Councillor Steve Foulkes (Lead Member for Finance and Organisational Development) (left) at a Merseytravel Committee meeting

Edited 26.11.17 to include link to Hansard report of parliamentary debate and also text of first two pages of Particulars of Claim.

I’ve written previously about the large sum that Merseytravel is spending to defend a legal challenge brought by Bombardier over the procurement of new trains on the Merseyrail network.

You can read a decision by The Hon Mr Justice Coulson as to whether the Particulars of Claim are confidential here. That decision decides that the Particulars of Claim are not confidential.
Continue reading “Why are Bombardier suing Merseytravel over the contract for new trains?”

2 further days of strike action on Merseyrail network in October by RMT over driver only operated trains

2 further days of strike action on Merseyrail network in October by RMT over driver only operated trains

2 further days of strike action on Merseyrail network in October by RMT over driver only operated trains

                                       

One of the new driver only operated trains ordered by Merseytravel that has led to the strikes
One of the new driver only operated trains ordered by Merseytravel that has led to the strikes

The National Union of Rail, Maritime and Transport Workers (RMT) has announced further strike action on the Merseyrail network. Drivers and guards will be on strike on the 3rd October 2017 and 5th October 2017.

RMT stated that it was angry and frustrated that Liverpool City Region Combined Authority Mayor Steve Rotheram had refused to put pressure on Merseyrail to resolve the dispute.

At a meeting of the Liverpool City Region Combined Authority last week (which is chaired by Mayor Steve Rotheram) the industrial dispute between Merseyrail and the RMT was discussed towards the end of a Merseyrail Update item.

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Liverpool City Region Combined Authority 15th September 2017 Part 1 of 4 (starting at Merseyrail Update 38:42)

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Liverpool City Region Combined Authority 15th September 2017 Part 2 of 4 Merseyrail Update

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Liverpool City Region Combined Authority 15th September 2017 Merseyrail Update (slides)

Various proposals made by the RMT, such as increasing fares to cover the cost of the guards when the new trains are introduced or Merseytravel paying for the salaries of the guards were rejected.

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Would you like to see 4 invoices (totalling £24,239.39) for pre construction work on the Saughall Massie fire station project?

Would you like to see 4 invoices (totalling £24,239.39) for pre construction work on the Saughall Massie fire station project?

Would you like to see 4 invoices (totalling £24,239.39) for pre construction work on the Saughall Massie fire station project?

                                               

This continues from an earlier post headlined Would you like to see 2 invoices (totalling £153,250.61) for pre construction work on the Saughall Massie fire station project?

Below are 4 invoices Wates Construction Limited to Merseyside Fire and Rescue Service for work to do with the Saughall Massie pre-construction agreement. I requested these invoices as part of the 2016-17 audit and they arrived through the post today.

The invoices spell it as Saughall Massey rather than Saughall Massie. The invoices are dated March 2016 (for £4,696.99), April 2016 (for £4,547.96), May 2016 (for £12,086.83) and August 2016 (for £2,907.61). Total spending was £24,239.39 (all amounts in this paragraph include VAT).

I also received a copy of the pre-construction service agreement between Merseyside Fire and Rescue Authority and Wates Construction Ltd. As it’s around 45 pages long I don’t have the time just now to scan it in or publish it today.

However, the contract is based on JCT’s Pre-Construction Services Agreement (General Contractor) (PCSA) 2011 contract with some modifications from the original template.

The contract is also with Todd & Ledson LLP. I haven’t requested invoices for the 2016-17 financial year relating to Todd & Ledson LLP and the Saughall Massie project as there is only one that could relate to this for £2,500 dated 25.4.16 (although it is possible this invoice relates to completely different work as it is just described as services).

Wates Construction Ltd invoice March 2016 Merseyside Fire and Rescue Service resized
Wates Construction Ltd invoice March 2016 Merseyside Fire and Rescue Service resized
Wates Construction Ltd invoice April 2016 Merseyside Fire and Rescue Service resized
Wates Construction Ltd invoice April 2016 Merseyside Fire and Rescue Service resized
Wates Construction Ltd invoice May 2016 Merseyside Fire and Rescue Service resized
Wates Construction Ltd invoice May 2016 Merseyside Fire and Rescue Service resized
Wates Construction Ltd invoice August 2016 Merseyside Fire and Rescue Service resized
Wates Construction Ltd invoice August 2016 Merseyside Fire and Rescue Service resized

I wrote up about the site visit connected to this planning application yesterday.

Wirral Council’s Planning Committee will be deciding on the revised planning application (APP/17/00306) at a public meeting starting at 6.00 pm on Thursday 20th July 2017 in the Civic Hall, Wallasey Town Hall, Brighton Street, Seacombe, CH44 8ED.

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Why will Merseyrail services be disrupted on the 8th, 10th and 23rd July 2017 due to strike action?

Why will Merseyrail services be disrupted on the 8th, 10th and 23rd July 2017 due to strike action?

Why will Merseyrail services be disrupted on the 8th, 10th and 23rd July 2017 due to strike action?

                              

Bidston Train Station (Borderlands Line) 13th August 2016 (John Brace)
Bidston Train Station (Borderlands Line) 13th August 2016 (John Brace)

Merseyrail employees who are part of the National Union of Rail, Maritime and Transport Workers (RMT) are striking on Saturday 8th July 2017, Monday 10th July 2017 and Sunday 23rd July 2017.

Although Merseyrail are hoping to run to a reduced timetable on strike days (which means Merseyrail trains will not stop at many stations on the Wirral and be less frequent at the others) the entire train network was known to be stopped completely on a strike day earlier this year in March for safety reasons.

Trains on the Bidston to Wrexham Central line which is run by Arriva Trains Wales won’t be affected by this strike. Although people planning to connect at Bidston to a Merseyrail train during one of the three strike days will be.

There is also a strike by Northern Rail staff planned for the 8th July 2017, 9th July 2017 and 10th July 2017 which will result in a reduced service (on Merseyside this is generally services that go to and from Liverpool Lime Street). Further details on their reduced timetable are on Northern Rail’s website.

The Merseyrail and Northern Rail strikes are caused by a dispute between employers and the union over new trains in 2020 which will be staffed only by a driver and not a driver and guard as at present.

The lost revenue to Merseyrail during each strike day is estimated by the RMT union at £139,000 a day (plus the cost of contingency arrangements).

Under the franchise agreement between Merseytravel and Merseyrail, the public sector will pay Merseyrail for the lost profits due to industrial action.

So for the three strike days this is estimated at £417,000 (plus contingency arrangements) paid for out of the Liverpool City Region Combined Authority budget (who control Merseytravel).

Last year in a private meeting councillors on the LCRCA Merseytravel Committee and Council Leaders on the LCRCA agreed to the contract for new trains.

On Monday 10th July (one of the strike days) Liverpool City Council’s Constitutional Issues Committee meets to decide on a recommendation to pay the Chair of the Merseytravel Committee Cllr Liam Robinson £29,983 a year for his role on the Merseytravel Committee (in addition to amounts he receives as a Liverpool City Council councillor).

Cllr Liam Robinson is also the portfolio holder for Transport on the Liverpool City Region Combined Authority which meets next week on Friday 14th July 2017.

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Why was I stopped from going to room GA-25 for a public meeting of Wirral Council’s Local Pension Board (about Merseyside Pension Fund)?

Why was I stopped from going to room GA-25 for a public meeting of Wirral Council’s Local Pension Board (about Merseyside Pension Fund)?

Why was I stopped from going to room GA-25 for a public meeting of Wirral Council’s Local Pension Board (about Merseyside Pension Fund)?

Local Pensions Board (Wirral Council) 27th June 2017 L Peter Wallach R John Raisin (Independent Chair)
Local Pensions Board (Wirral Council) 27th June 2017 L Peter Wallach R John Raisin (Independent Chair)

I’ll declare at the outset an interest, in that my father is paid a pension by the Merseyside Pension Fund administered by Wirral Council.

Around a year ago, I wrote about how Wirral Council employees barricaded a fire door with a bin to prevent the public exercising their legal right to attend a public meeting. The most senior Wirral Council employee involved in that fiasco was Joe Blott (in his capacity as Deputy Monitoring Officer).

Yesterday, there was a public meeting of Wirral Council”s Local Pension Board scheduled to start at noon. The Local Pension Board is part of the governance of the Merseyside Pension Fund that Wirral Council administer and has hundreds of thousands of people in the pension fund (mainly public sector workers) and a £multi-billion Pension Fund.

This time however the meeting wasn’t on Wirral Council premises, but on premises owned by Commerz Real Investmentgesellschaft mbH (a German company) as part of its Hausinvest Open Real Estate Fund, leased to Merseytravel, then hired out to Wirral Metropolitan Borough Council.

I am making an educated guess that either Commerz Real Investmentgesellschaft mbH contract out (or Merseytravel does) the reception staff at the building the public meeting was to be held in, which is done by I think Carlisle Security Services Limited (which is a subsidiary company of Carlisle Support Services Group Limited).

If you are confused by reading that so far, then so am I!

We arrived first at reception at Mann Island and they had been told we were coming to the meeting. So we were issued with visitors passes.

However we were told we couldn’t go in because no-one from Wirral Council was there yet.

Reception told us that we couldn’t go in (although they knew we were there for the meeting) until someone from Wirral Council told them it was ok for reception to allow us into the building to attend a public meeting. So we waited.

First to arrive was Pat Phillips (the Committee Clerk and point of contact for the meeting). Standing in front of reception we asked her to confirm we were there for the meeting. She said she would have to go ask someone (despite nobody else but us being there for the meeting).

So they let her through (and she didn’t come back as there was no-one else but her).

Then Joe Blott arrived, who is at Deputy Chief Executive level at Wirral Metropolitan Borough Council and therefore part of the political element of his job such as dealing with people like myself.

Again, Joe Blott insisted he could not tell reception staff at Mann Island that we could come in through the gate as it wasn’t a “Wirral Council building” and he needed to first consult with the Chair of the Local Pensions Board (who actually hadn’t arrived in the building yet).

However, reception staff let Joe Blott through too.

Reception staff then told us they couldn’t let us in because of “terrorism” training and that they had “orders”. They pointed it wasn’t a “public building”.

Apparently now terrorism is used as a reason to avoid legal responsibilities!

The public meeting was scheduled to start at noon and we were still there at reception when more people arrived for the meeting, Peter Wallach, John Raisin, Mike Hornby, Kerry Beirne, Donna Ridland, Pat Maloney and Roger Irvine to name but seven.

I also briefly talked around this time to the Chair of the Liverpool City Region Combined Authority Merseytravel Committee Cllr Liam Robinson about the problem.

Reception staff are then busy handing out visitors passes and bizarrely trying to determine when the Local Pensions Board plus myself and Leonora should be allowed through the gate on the ground floor to room GA-25.

Finally (at the third time of asking) we found a Wirral Council employee (Peter Wallach) who was willing to tell reception we were allowed into the building!

Eventually by the time we’re all let in, I come through the door to the meeting room (GA-25 on the ground floor) at about 11:59:30, most of the rest of the people behind me came in late.

Then of course, the room needs to be set up and surprisingly the lights turned on (as neither Joe Blott or Pat Phillips had turned the lights on). One Wirral Council officer introducing one of the reports arrived even later even though there was a delayed start to the meeting (which caused a further delay).

However allowing the press into the public meeting half a minute before its scheduled to start is not Wirral Council in my view complying with its legal responsibilities. Specifically reasonable facilities for the purposes of filming the meeting does not mean allow press in seconds before its supposed to start. In fact it’s in breach of their own agreed filming policy specifically paragraphs 1.6, 1.7, 2.3 and 5.1.

Common sense means letting the press in at least fifteen minutes before so that a safe space to film can be determined, a tripod put up, seating arranged, agendas and reports requested etc.

But I feel that since this legal requirement came into effect in August 2014 various parts of Wirral Council have tried to try my patience over it at various public meetings.

Delayed starts to meetings cost the public sector money in lost time.

Terrorism can not be used as an excuse to delay or prevent democracy happening or the press reporting. The legal right to attend public meetings of local councils has been in its current form since 1972 and in another form since 1960. It’s not new legislation!

Nearly every other meeting of Wirral Council’s committees has one of their solicitors present but this one does not!

This is sadly a recurring problem when attending to report and film public meetings at Mann Island. There have been public meetings that have started before we’re allowed in.

Merseytravel’s own Head of Internal Audit (Merseytravel lease room GA-25) has stated at a public meeting in 2014 that people should not talk to the press about whistleblowing concerns.

However who do the press blow the whistle to when there’s no point in blowing it internally? Write an article about it? Embarrass people into changing? Or does it just end up being like the film Groundhog Day with a public sector seemingly unable to stick to its own policy, the legislation and just full of excuses?

What it has shown me, that is of wider concern is that at Wirral Council some senior managers are frightened to make decisions. The culture of not making a decision, just in case it’s the wrong one or the manager may be criticised can be just as damaging to Wirral Council’s reputation as the myriad of other scandals (on subjects ranging from child protection, complaints about councillors, how requests for information are handled and so on and so on).

So below is footage of the Local Pensions Board which turned out to be an interesting meeting (albeit hard to hear due to the lack of microphones).

I had to skip ten minutes of checks to film it and had no chair to sit on (there was literally no time to get a chair before it started).

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Wirral Council’s Local Pensions Board (Merseyside Pension Fund) 27th June 2017 Part 1 of 2

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Wirral Council’s Local Pensions Board (Merseyside Pension Fund) 27th June 2017 Part 2 of 2

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