EXCLUSIVE: How many pages did Wirral Council black out from a 63 page litter enforcement contract with Kingdom Security Ltd?

EXCLUSIVE: How many pages did Wirral Council black out from a 63 page litter enforcement contract with Kingdom Security Ltd?

EXCLUSIVE: How many pages did Wirral Council black out from a 63 page litter enforcement contract with Kingdom Security Ltd?

                                             

Yesterday I received through the post what I hope is the last of what I requested during the 2015-16 audit. Yes, I know that Wirral Council was supposed to supply this contract by 11th August 2016 within the 30 working day inspection period but matters move slowly at Wirral Council.

What I was sent on the litter enforcement contract I publish a copy of below. If any page is difficult to read, I’ve had to resize the images and compress them for publishing on this blog.

For those who don’t know the background is that the litter enforcement function used to be done in-house at Wirral Council. From July 2015 it was outsourced to Kingdom Security Limited. I’m rather surprised by how much has been blacked out from the contract, but the invitation to tender explains that it’s a 2 year contract with an option to extend for a year.

Wirral Council require at least 4 full-time enforcement officers and interestingly don’t issue fixed penalty notices to people under 18. Enforcement officers have to hold a SIA licence, and be “of good character, polite and confident with proven experience of dealing with conflict situations”.

The Council ask that a minimum of 4,800 fixed penalty notices are issued each year. There are two interesting bits about the press which I quote below (it’s a gagging clause).

2.10.1 Neither the Contractor nor his Employees shall give or offer to permit to be given, any information concerning the Services for use by or publication in the press or radio, television or cinema screens, or in any other media whatsoever without the written approval of the Council’s Authorised Officer.

2.10.2 The Contractor shall under no circumstances use the name of the Council in any advertisement or press release without express written permission thereof.

Here’s another interesting bit, “5.1 .. In order to incentivise the contractor to reach the minimum requirement of 4800 FPNs, the pricing schedule enables tenderers to specify a different fixed price for all justified FPN’s [sic] issued over 4800 per annum.

Unfortunately Wirral Council have decided to black out the method statements at pages 20 to 39 of the contract and the pricing schedule at pages 45 to 46. Those with long memories will remember some stories in the local press about fixed penalty notices issued, then rescinded by Wirral Council.

Below is the contract (or at least the parts Wirral Council was happy with the public seeing), many of the blacked out bits are subject to a public interest test.

Wirral Council litter enforcement contract Kingdom Security Ltd cover page 1
Wirral Council litter enforcement contract Kingdom Security Ltd cover page 1

DATED 3rd July 2015

WIRRAL BOROUGH COUNCIL

and

KINGDOM SECURITY LTD

AGREEMENT

THE PROVISION OF LITTER ENFORCEMENT

Surjit Tour
Head of Legal and Member
Services
Town Hall
Brighton Street
Wallasey
CH44 8ED

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Why was I "gagged" from writing about a £1.2 billion contract?

Why was I “gagged” from writing about a £1.2 billion contract?

Why was I “gagged” from writing about a £1.2 billion contract?

                                                               

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Photo from Youtube video about £1.2 billion contract
Photo from Youtube video about £1.2 billion contract

Below is a transcript of the above Youtube video (which at the time of writing is uploading but should be available by about 6.20pm on the 28/7/2015).

Hello viewers, I’m John Brace. Normally I’m behind the camera not in front of it, but today I wanted to talk about a £1.2 billion contract that councillors have signed between Merseyside Waste Disposal Authority now called Merseyside Recycling and Waste Authority and SITA Sembcorp UK Limited.

A few weeks ago as part of the public’s rights under the audit when the public can inspect various invoices and contracts for three weeks each year I requested this particular contract, although as there weren’t any payments made on this contract under the last financial year, they first of all classed it as a freedom of information request, then they got back to me and said now it’s an Environmental Information Regulations request.

They did give me a copy of the contract but all the pricing information was blacked out. However the strange thing now after making Freedom of Information and Environmental Information Regulations requests for years and years is I came across something new in that when they sent me an email back saying this is the result of the public interest test as to why we’ve redacted certain bits, they referred to the Re-Use of Public Sector Information Regulations 2005 and basically said at the bottom that if I wanted to republish it or reuse it, I’d have to ask them for a licence!

Anyway I looked up the Re-Use of Public Sector Information Regulations 2005 and yes they do apply to information that’s been given out for freedom of information requests or Environmental Information Regulations requests.

Anyway I found out that the Re-Use of Public Sector Information Regulations 2005 were in fact repealed before the date of their letter.

They were repealed on the 18th July. So they don’t apply any more, but the Re-Use of Public Sector Information Regulations 2015 do apply and they contain some changes which is why I’m making this video.

You see in, let’s see if I can get it up in Regulation I think it’s 5, yep Regulation 5 of the of the Re-Use of Public Sector Information Regulations 2015 state these regulations do not apply to documents held by public service broadcasters and their subsidiaries, and other bodies and their subsidiaries for the purposes of the provision of programme services.

Now if you look up what these definitions actually mean in the Communications Act 2003, right, body means any body or association of persons, whether corporate or unincorporate, including a firm; so that could just mean me and Leonora, now the definition of programme services is a bit more complicated but the definition of programme services means a television programme service, the public teletext service, an additional television service, a digital additional television service, a radio programme service or a sound service provided by the BBC and then it goes on to define “television programme” means any programme (with or without sounds) which is produced wholly or partly to be seen on television and consists of moving or still images or of legible text or of a combination of those things.

Now I’ve checked whether videos on this Youtube channel are being watched on TVs and I’ll just have a quick look on my laptop and see. Yes, over the last year there have been 189 views on smart TVs and set top boxes for TV. So therefore strangely enough I come under the definition of, this comes under the definition of television programme and therefore the regulations do not apply to this particular document so I don’t have to ask their permission to publish it because it’s to do with this programme service and that’s why I’m recording this.

However on a final note I’d like to point out that the, shall we say the principle that every time somebody in the media makes a freedom of information request or an environmental information regulations request, before they use that information they’ve got to ask for permission from the public body to reuse it and state what purpose it’s for is well for anybody in the media who makes a freedom of information request and then writes stories on them is not the way it’s done.

Err, I don’t know if anybody else has heard of these regulations or whether they’re going to crop up in future FOI requests even though I think Wirral Council would quite like to send a boilerplate text at the end of each reply they send to me saying that I can’t use them unless I get their permission under the Re-Use of Public Sector Information Regulations 2015 in which case I’ll just make another video like this and then it doesn’t apply.

Anyway going back to the £1.2 billion contract between Merseyside Waste Disposal Authority or now Merseyside Recycling and Waste Authority and SITA Sembcorp UK Limited. This is an 864 page contract that over the lifetime of the contract they will pay out £1.2 billion for and relates to for years and years and years basically putting Merseyside’s rubbish on a train, sending it up to somewhere in the North-East of England, burning it and generating electricity from the rubbish.

I’m not sure what happens to the rubbish after they’ve burnt it but perhaps I need to read the contract better but I will be publishing the contract along with this video on my website so you can have a look for yourself. On the subject of the information that is blacked out, I’ll be looking into whether I’ll make a whatever the, I think it’s a reconsideration under the Environmental Information Regulations request for that information to be revealed but I’ll have to look into the detail and unfortunately basically the way the contract is worded it’s very unlikely that I’ll get access to the financial information in it but I’ll publish the rest of it on my blog, so you can have a read to see what your money will be spent on from 2017.

The only other thing, well two other things to say about this contract are firstly, this contract was signed back in 2013 and at that time the government were making various financial incentives to do this kind of thing so that the rubbish didn’t go to landfill but this was one of three projects where the government decided that there were already enough energy from waste contracts to supply our needs for years and years in the future and they withdrew the £90 million PFI credits for this particular contract.

Now the two other places that were affected by this decision decided to take the government to judicial review, I don’t know what happened as a result of that and finally the only other thing to point out about this contract is that there were, in the end two bidders for this contract one of whom was obviously the successful contractor SITA Sembcorp UK Limited.

Now the unsuccessful bidder sued Merseyside Waste Disposal Authority because they alleged things had happened during the tendering process that shouldn’t have and in fact they even got the court to basically set aside the contract or set aside basically implementing the contract until the court case was settled.

Now the court case was eventually settled out of court, the second placed contractor basically asked for Merseyside Waste Disposal Authority to pay all the profit they would have got if they’d been awarded the contract and of course Merseyside Waste Disposal Authority doesn’t have that kind of money because it would be over £100 million. I can’t remember what the estimate was, I think it was something between £100 million and £200 million. So anyway that’s the last thing I wanted to say about this and I hope you enjoyed this video and the contract is on my blog.

OK? Bye.


If someone could explain the meaning of Regulation 5(2) of The Re-use of Public Sector Information Regulations 2015:

“(2) These Regulations do not apply to a document unless it—

(a) has been identified by the public sector body as being available for re-use;
(b) has been provided to the applicant; or
(c) is accessible by means other than by making a request for it within the meaning of the 1998 Act, the 2000 Act (or where appropriate the 2002 Act) or the 2004 Regulations (or where appropriate the 2004 Scottish Regulations).”

and whether this means:

(a) the regulations don’t apply to FOI requests, EIR requests or data protection act requests or
(b) the regulations apply to everything but FOI requests, EIR requests or data protection act requests

and leave a comment it would be appreciated.

UPDATED 17:45 28/7/15 Merseyside Waste and Recycling Authority have today stated "the Authority is aware of its obligations in relation to transparency, and the publication of public sector information. We are more than happy that members of the public can access this material, and are free to question, query and publish aspects of the Authority’s work."

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FOI request reveals Wirral Council issued 168 Fixed Penalty Notices (mainly for alleyway dumping)

FOI request reveals Wirral Council issued 168 Fixed Penalty Notices (mainly for alleyway dumping)

FOI request reveals Wirral Council issued 168 Fixed Penalty Notices (mainly for alleyway dumping)

                                                           

Wirral Council Environmental Streetscene Services Contract page 122 Schedule 2 - Nominees to the Partnering Agreements

Yesterday, Wirral Council responded to a Freedom of Information Act request I made last month for minutes of the meetings of the Partnering Board (which comprises of Wirral Council and Biffa Waste Services Limited) for the last year.

The minutes of the Partnering Board meetings of the 10th March 2015, 18th December 2014, 21st October 2014 and 14th July 2014 contain some interesting information.

Below are extracts from the minutes that hopefully will be of wider public/political interest starting with the meeting held on the 14th July 2014. I have submitted an internal review request to Wirral Council for the minutes without the names of Wirral Council employees redacted. RE stands for Roger Edwards, FPN stands for fixed penalty notices, MS stands for Mark Smith, Cllr BM for Councillor Bernie Mooney and VO stands for variation order.

2. ANNUAL REVIEW
….
Noted garden waste has now exceeded last year’s figure and hope to get to 40,000 properties. RE queried about incentives for signing up however XX noted we have to be very careful as the £5 reduction online has raised objections by some residents and opposition members and that XX is exploring alternative cost effective payment mechanisms. However, XX advised we can market to people who signed up last year who have not signed up this year and there are around 3,000 who have not re-signed.

Street Cleansing
….
The Entry Investigation Team has been introduced and 28 FPNs have been issued as a result of this.

7. AOB

Possible Industrial Action Update
RE updated that Biffa offered pay settlement to the workforce of 1.8% in line with RPI – the request from the workforce was 6%. RE advised the workforce have decided to ballot for industrial action before any decision made. RE is working hard to resolve this situation. The industrial action is planned for Fri 18 July.

There are parts of the minutes of the meeting held on the 21st October 2014 that will be of wider interest too:

Managing Down Demand – Missed Collections

XX have been looking at all the missed bin calls we had in for 2010-14 and the breakdown of unjustified (which was about half) to give an idea of the proportion of calls coming in. The 3 main reasons for unjustified bins are: bin not out, entry work and access issues. Disputes occur where resident is told the PDA said bin not out and they disagree. XX wants to look at the dispute figures and drill down i.e. is it the resident at fault, is it the crew not using the PDA properly etc. When a resident does not agree with PDA data this causes a lot of work in the back office. There could be an education issue here reminding residents that 7am is the time rounds start and the crews can come to roads at different times each week.

If we do some re-training around contamination to show the importance of the PDA and show the impact of not using the PDA correctly that should be beneficial. RE noted if we do not have confidence in the PDA data then everything else becomes difficult.”


Alleyway Dumping

XX advised had over 600 referrals for the Waste Investigate Unit (WIU) and issued 168 FPNs to mainly the Seacombe/Birkenhead areas. XX noted we need to do some work around where issuing the FPNs. 5 court cases regarding litter have gone well with the offenders being fined and this information is on the Council website. XX hoping to do full leaflet drop to relevant properties to say what we are doing and what success we have had. Currently drafting up a second leaflet to get out before Christmas to all terraced properties to highlight the good work we have been doing.

XX noted some new anti-social behaviour laws which are coming out and she is looking if we can go down this route with landlords. XX going to be looking at the licensing scheme and if we can make that work for us by adding in further conditions (Selective Licensing scheme). MS noted when speak to Senior Members of the Council enforcement is now an issue they are behind it. Noted 260 good neighbourhood packs have gone out to a variety of areas.”

From the meeting held on the 18th December 2014:

Alleyway Dumping

XX advised the Waste Investigation Unit are doing a fantastic job. XX noted an incident where a disgruntled member of the public, because of his threatening behavior, was issued with an ASBO. Main issue is the Courts are only letting us take 5 cases a week. Legal services need to approach the courts to get more time to hear more cases. XX plans to do another leaflet drop after Christmas to highlight to the public the financial costs of failing to manage their waste responsibly, or through ignoring fixed penalty charges. XX next steps are to meet the selective licensing team. Birkenhead and Seacombe have been identified as a selective licensing areas which means we can prescribe to landlords what they must do re bins and as Birkenhead and Seacombe are where the most is, it is hoped this will have a significant impact over time.”

Transparency Code

The code is about being more transparent about what we publish for the public to see and waste collection is one of the things requiring more details including publishing a version of the contract. XX are going to look at refreshing the contract, redacting certain bits and then send to Biffa to consider. Agreed a good idea would be a half day session with both parties to look at updating and modernizing the contract.”

Finally from the meeting held on the 10th March 2015.

Action Log

50 Street Cleansing Transitional Money

MS advised there is £116,000 available. XX is currently working on a briefing note recommending how that money could be used. MS has the authority to spend this money however he would get endorsement from Cllr BM first.

64 Benchmarking Data

XX advised some of the information required is deemed as commercially sensitive and there is a strong reluctance to share this information at the moment. MS felt we do need to be getting to a stage where we have the mechanism in place to demonstrate value for money from this contract. XX also safeguard the financial position of Biffa. XX to send through further details to XX & SC showing exactly what it is we are looking for.

67. Contract under the Transparency Code

XX has started this piece of work. By the end of April we have to publish the contract on Council website. XX noted his intention to incorporate the VOs and XX send to Biffa to redact the finance. XX commented that there are inaccuracies in the contract in relation to execution on the ground but nothing of serious concern. MS noted as we are signing off a significant VO if there are any anomalies we need to resolve them before we publish.

CONTRACT PERFORMANCE OVERVIEW

SC queried whether there had been any thought about the garden waste service passing to Biffa? MS advised if Biffa want to put an offer to the Council formally they were welcome to.

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78 more pages of Wirral Council’s Environmental Streetscene Services contract with Biffa Waste Services Limited

78 more pages of Wirral Council’s Environmental Streetscene Services contract with Biffa Waste Services Limited

78 more pages of Wirral Council’s Environmental Streetscene Services contract with Biffa Waste Services Limited

                      

Last month I published the first 168 pages of Wirral Council’s contract with Biffa Waste Services Limited.

Below are the next 78 pages which are method statements supplied by Biffa which state how they will do the various parts of the contract.

Wirral Council Environmental Streetscene Services Contract page 45 Method Statement 16 Health and Safety
Wirral Council Environmental Streetscene Services Contract page 45 Method Statement 16 Health and Safety

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168 pages of Wirral Council's Environmental Streetscene Services contract with Biffa Waste Services Limited

168 pages of Wirral Council’s Environmental Streetscene Services contract with Biffa Waste Services Limited

168 pages of Wirral Council’s Environmental Streetscene Services contract with Biffa Waste Services Limited

                                                                 

Below are the first 168 pages of Wirral Council’s Environmental Streetscene Services contract with Biffa Waste Services Limited. It’s not the complete contract which runs to many more hundreds of pages. The contract is for collecting rubbish from households on the Wirral and other services such as removing litter from the streets.

The end date for the contract was extended from 2017 to 2027 by Wirral Council’s Cabinet in December 2014. It’s important to read section 7 of the contract with this variation order which changes (from July 2013) the frequency of street cleansing as the frequencies for street cleansing were changed. Pages 89 to 101 of this contract have been previously published on this blog. Wirral Council have stated they will publish the full contract by May 2015.

Pricing information on certain pages wasn’t provided by Wirral Council on grounds of commercial confidentiality. The pages that fall into this category are page 109 of 164 (8.14 Schedule 2A – Waste & Recycling (Alternate Weekly Residual Collection), page 111 of 164 (8.16 Waste and Recycling Daywork Rates), Page 112 of 164 (8.17 Schedule 3A – Street Cleansing) and page 116 of 164 (Street Cleansing Daywork Rates) and page 117 of 164 (Cost Summary).

If you’ve arrived at this page trying to determine what day your bin will be collected, simply enter your street name on this page on Wirral Council’s website to find out.

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