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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What new right does the Local Audit (Public Access to Documents) Act 2017 give to journalists?

What new right does the Local Audit (Public Access to Documents) Act 2017 give to journalists?

What new right does the Local Audit (Public Access to Documents) Act 2017 give to journalists?

                                       

Six Pump Court invoice £2400 Liverpool City Council David Hercock thumbnail
Six Pump Court invoice £2400 Liverpool City Council David Hercock thumbnail | Above is a £2,400 invoice to Liverpool City Council from David Hercock of Six Pump Court for a brief on an appeal involving Tharmathevy Thanabalasingam of Kenny Food and Wine. This invoice went to P (which stands for Paul) Merriman. The matter was an appeal of a decision made by councillors. Clicking on the thumbnail will load an easier to read version.

Despite the fact there is a byelection of a councillor for Claughton (as well as the Liverpool City Region Combined Authority Mayor) on Thursday another election (the snap general election) has led to this blog post I am writing.

When a general election is called, some legislation goes through the wash-up and gets passed in the last few days of a Parliament before MPs cease to be MPs (just for information Parliament dissolves on the 3rd May 2017).

There are a number that received Royal Asset recently that effect local government, such as the Guardianship (Missing Persons) Act 2017, Local Audit (Public Access to Documents) Act 2017, Bus Services Act 2017, Neighbourhood Planning Act 2017, Children and Social Work Act 2017 and Parking Places (Variation of Charges) Act 2017.

However I wanted to write about the Local Audit (Public Access to Documents) Act 2017.

Since Victorian times there has been a period each year when the public can inspect and make copies of accounting records relating to the previous financial year. Copies can be made by the person doing the inspection (or more usually requested from the public body concerned).

These are connected to rights of local government electors to make objections about whether money is lawfully spent and related matters.

The legislation since Victorian times has given this right to “persons interested” which has been interpreted over the years by the courts as applying to those registered to vote for the area concerned, bodies that pay business rates in that area and those who are representatives of those two classes (such as an accountant acting on behalf of a local government elector).

This means for example I that didn’t previously have a legal right to ask to look at the financial records for Liverpool City Council. In fact back then I asked to do so, you can find some of those invoices here, but when I rather stupidly told them I didn’t live in Liverpool, it all got a bit (and I paraphrase) “these are local council financial records for local people – there’s nothing for wools like you to see here” and they politely told me the rest of my request was refused.

Liverpool City Council for example in this 17-18 financial year have agreed to spend:

Revenue (net base budget): £399.6 million
Capital: £131.6 million

The change made by the Local Audit (Public Access to Documents) Act 2017 means that in 2 months time the definition will be “persons interested or any journalist”.

“journalist” is defined as any person who produces for publication journalistic material (whether paid to do so or otherwise).

So it covers those who do for a living such as myself, unpaid bloggers and a wide variety of other people too.

The Act received Royal Assent on the 27th April 2017, so 27th April 2017 plus 2 months means it’ll come into force (although please correct me if I’m a day or two out) 29th June 2017. It applies only to public bodies based in England or Wales.

There are three classes of public bodies (Category 1, Category 2 and Category 2 with exempt status).

Category 1 are those with a yearly expenditure or income of over £6.5 million a year, or smaller bodies that have decided to have a full audit.

Category 2 are the ones with a spend or income of less than £6.5 million a year.

Category 2 with exempt status have to be bodies with income or expenditure of less than £25,000 a year, are not less than 3 years old and with no concerns raised by the auditors (or courts) in the preceding financial year.

When the 30 day period starts and ends is a decision to be made by the public body, but cover specific dates*:-

*I’m assuming at this point that the Accounts and Audit Regulations 2015 still sets this.

Category 1 – the first ten working days in June following the end of the financial year
Category 2 – the first ten working days in July following the end of the financial year

So this means for journalists, the new legal right (which will come into force near the end of June) will only cover part of the inspection period this year.

Example

30 working day period runs from 1.6.17 to 12.7.17

“persons interested” from 1.6.17 to 12.7.17
“journalists” from 29.6.17 to 12.7.17

It effectively compresses the inspection period for journalists to a fortnight for Category 1 authorities (although it is to be noted the old inspection period used to be only four weeks).

The chief financial officer for category 1 and category 2 authorities are required by law to publish a public notice on their website alerting the public to this 30 working day inspection period before it starts.

Last year, locally both Merseytravel and the Liverpool City Region Combined Authority failed to achieve this somewhat basic step within the required timescales.

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Why are taxpayers not Merseyrail paying £139,000+ for each day of Merseyrail strike?

Why are taxpayers not Merseyrail paying £139,000+ for each day of Merseyrail strike?

Why are taxpayers not Merseyrail paying £139,000+ for each day of Merseyrail strike?

                                      

Cllr Steve Foulkes (middle) answers a question about the Merseyrail strike (L to R Cllr Chris Meaden, Cllr Steve Foulkes, Cllr Moira McLaughlin and Cllr Ann McLachlan) Birkenhead Constituency Committee 30th March 2017
Cllr Steve Foulkes (middle) answers a question about the Merseyrail strike (L to R Cllr Chris Meaden, Cllr Steve Foulkes, Cllr Moira McLaughlin and Cllr Ann McLachlan) Birkenhead Constituency Committee 30th March 2017

Further information has been supplied to this blog which shows new information about the Merseyrail strike planned tomorrow timed to coincide with the Grand National. For the background to this story please read Why are Merseyrail staff striking on the 8th April?

Last year I exclusively published the contract that councillors agreed to between Merseyrail and Merseytravel titled Deed to confirm the Consolidated Concession Agreement relating to the services for the carriage of passengers by railway to be provided by Merseyrail Electrics 2002 Limited.

That contract shows that the cost of the strike action tomorrow and the one day strike recently will not be met by Merseyrail but by Merseytravel.

It is estimated that just the one day strike tomorrow will cost the taxpayers of Merseyside at least £139,000 (plus the cost of any contingency arrangements).

Merseyrail is however required to use all reasonable endeavours to prevent a strike, which may explain Merseyrail’s recent unsuccessful court action to prevent a recent one day strike from happening.

However, financial considerations aside (pictured above is Merseytravel’s Lead Councillor for Finance and Strategy Cllr Steve Foulkes) the union also states that the public supports a guard on every train (as compared to the Merseytravel & Merseyrail view that a guard will not be required on every train once the new trains start running).

The public will have their say on who will decide the future direction of the Liverpool City Region Combined Authority and Merseytravel when a new Metro Mayor is elected next month.

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Why are Merseyrail staff striking on the 8th April?

Why are Merseyrail staff striking on the 8th April?

Why are Merseyrail staff striking on the 8th April?

                                            

Cllr Steve Foulkes (middle) answers a question about the Merseyrail strike (L to R Cllr Chris Meaden, Cllr Steve Foulkes, Cllr Moira McLaughlin and Cllr Ann McLachlan) Birkenhead Constituency Committee 30th March 2017
Cllr Steve Foulkes (middle) answers a question about the Merseyrail strike (L to R Cllr Chris Meaden, Cllr Steve Foulkes, Cllr Moira McLaughlin and Cllr Ann McLachlan) Birkenhead Constituency Committee 30th March 2017

The end of the Birkenhead Constituency Committee had the air of an Agatha Christie’s Poirot, as I asked a question about Merseytravel, Merseyrail and the upcoming strike.

Indeed in Cllr Foulkes’ answer he mentioned the death of Georgia Varley as one of the reasons behind the new trains which will only need a driver.

However perhaps with those with long memories will know that a long time ago I asked a question to Cllr Foulkes about Wirral Council’s treatment of disabled people (which led to Bill Norman advising councillors not to publish the draft Anna Klonowski Associates report).

Although there is a strike timetable for Saturday and some timetable alterations for the two days before, as Merseyrail staff wouldn’t cross the picket lines last time, Merseyrail had to stop all trains during the last strike on the network from running at all.

My question (in two parts) is below:

Q. Wirral Council pays millions to Merseytravel each year for concessionary travel passes for free travel on the buses, trains and ferries.

One of the train stations nearest to where I live Bidston is only accessible by going up a flight of stairs, over a footbridge and down another flight of stairs.

Other train stations in Birkenhead such as Birkenhead Park and Upton have stepped ramps which can also cause problems.

A link is included in this question to a legal case from 2004 in the Court of Appeal which decided that providing taxis is not a reasonable adjustment and that train stations that were not accessible for wheelchair users were therefore discriminating against disabled people.

Who therefore for the stations listed above (Birkenhead Park, Upton and Bidston) is the body that should make these stations more accessible (for example Merseytravel, Merseyrail, Network Rail, Arriva Trains Wales)?

Would you also like to comment on the reasons that have led Merseyrail to go on strike recently, with a further planned strike on 8th April (timed to coincide with the Grand National)?

Thank you.


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Birkenhead Constituency Committee 30th March 2017 Public Questions

Both Cllr George Davies and Cllr Steve Foulkes are Labour councillors in Claughton ward where there is a contested byelection due to the death of Cllr Denise Roberts. There is also an election for Metro Mayor across Merseyside who will be directly accountable to the people for these sorts of decisions as ultimately the decision to purchase new trains was made by the Liverpool City Region Combined Authority.

If people would like to comment on the candidates’ policy positions on this (or other matters) in either election, please feel free to leave a comment.

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Monkey Island has one secret but how many has Wirral Council?

Monkey Island has one secret but how many has Wirral Council?

Monkey Island has one secret but how many has Wirral Council?

                                        

Monkey Island was a video game from my childhood which perhaps I played too much.

Monkey Island has but one secret but how many has Wirral Council?
Monkey Island has but one secret but how many has Wirral Council?

However, this Employment Tribunal over the last fortnight followed the misadventures of Alison Mountney as she struggled to defeat the plans of Graham Burgess and his motley crew and win the heart of Simon Mountney. This involved the mysterious Wirral Council and its impenetrable secrets!

Continue reading “Monkey Island has one secret but how many has Wirral Council?”