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 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
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.

We rely on s.30 of the Copyright, Designs and Patents Act 1988 and class this as “fair dealing” due to the acknowledgement above. As the The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 have come into force earlier this year, we’ll rely on this too and the new section 30A on parody.

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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Labour and Conservative councillors both say no to Greasby Fire Station plans

Labour and Conservative councillors both say no to Greasby Fire Station plans

Labour and Conservative councillors both say no to Greasby Fire Station plans

                                                

In an update to a previous story about the changes to filming public meetings of the Merseyside Fire and Rescue Authority, I have received a formal response from Mersey Fire and Rescue Authority about my petition on the subject.

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
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.

=======================================================================================================

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2nd consultation response to Lyndale School closure consultation from Cllr Phil Gilchrist

2nd consultation response to Lyndale School closure consultation from Cllr Phil Gilchrist

2nd consultation response to Lyndale School closure consultation from Cllr Phil Gilchrist

                                                       

Councillor Tony Smith at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney, Lyndzay Roberts
Councillor Tony Smith at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney, Lyndzay Roberts

Further to this earlier post about the recent consultation on closure of Lyndale School which includes the first consultation response I received, I’m publishing here a second consultation response received by myself from Cllr Phil Gilchrist (a councillor for Eastham ward where Lyndale School is based).

I’m still awaiting a response to my FOI request made a week ago, but as my FOI requests get routinely sent to Wirral Council’s press office for final approval before I get a full response I’m not surprised.

Here is the second response I am publishing to the closure consultation. If you have responded to this consultation and would like me to publish your response (please tell me if you wish your published response to be anonymised) please email me at john.brace@gmail.com. I’ve linked to the Cabinet reports and Cabinet agenda item referred to by Cllr Phil Gilchrist in his consultation response for ease of reference.

From: Cllr Phil Gilchrist, 2 Gordon Avenue, Bromborough, CH62 6AL 334 1923

I object to the closure of The Lyndale School.

The Cabinet adopted funding arrangements which could be re-visited if there was a willingness to address the financial constraints imposed on the school. The report to Cabinet (Agenda Item 13 of 16th January 2014) included a number of comments that foresaw and helped create the financial straitjacket for the Lyndale School.

Section 2.5 made it clear that there was a need for any banded approach to..
‘recognise the resource intensive nature of making provision for those with the most profound and multiple difficulties ‘

The Cabinet report promised that the changes.
‘will be kept under review with regular reports to the Schools Forum’

Section 2.5 also raised the prospect that there would be.
..’a contingency fund which would be used to support specialist provision experiencing financial difficulties whilst future options are considered’

Section 2.7 described the Wirral banding model as seen by respondents to the consultation as…‘a reasonable starting point for development’

The aforementioned paragraphs suggested that there was a recognition that the authority was creating a system which needed reviewing and developing.

It was clearly reported that..
‘One respondent argued for a school specific top up significantly higher than the banding proposed because without it the school will not be financially viable next year.’ (2.7)

Instead of heeding the concerns raised the Cabinet adopted a funding arrangement which did not fully reflect the costs of providing the specialist provision valued by the parents of children at The Lyndale School..

During the consultation process covering the options for the future of The Lyndale School the parents made it clear that the school was meeting the needs of their children..

They did not wish to see the teamwork, the expertise of teaching staff and of the support staff at The Lyndale School fragmented and broken up. They made this point throughout.

There was an opportunity to ‘replicate’ the provision at The Lyndale, to plan and develop a modern unit that would have achieved this, but it was broached in a half hearted manner. The local authority seems determined to break up The Lyndale’s centre of expertise by sending the children to other schools.

The children will need the same high quality support in any new setting. The parents have remained unconvinced that this will be the case. They have put the needs of their children first and the authority should do likewise.

Cllr Phil Gilchrist 18th Nov 2014

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UPDATED: Last day of 4-week Lyndale School closure consultation: request for consultation responses

UPDATED: Last day of 4-week Lyndale School closure consultation: request for consultation responses

UPDATED: Last day of 4-week Lyndale School closure consultation: request for consultation responses

                                                       

Councillor Tony Smith at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney, Lyndzay Roberts
Councillor Tony Smith at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney, Lyndzay Roberts

UPDATED 19/11/2014 16:12 to include anonymised consultation response received.

First copy of a response to the consultation (he or she wishes to remain anonymous) is added here:

“I am writing in response to the consultation. As a Wirral resident, I believe that this school should remain open. I am not convinced that it will be in the best interests of the children of Lyndale or the other two schools for Lyndale to close. Further, I have not seen evidence that the independent consultants report was based on an in depth analysis of the children’s needs. The consultant appears to have spent little time with the school staff or parents. These children have really specialist needs and the Council should take into account that the most vulnerable children must be protected the most. This is a matter of humanity. The financial argument is not convincing so why close? ”

Today is the last day of the four-week consultation on closure of the Lyndale School from January 2016. The details are currently on Wirral Council’s website.

Shortly before Christmas on the 17th December 2014 Wirral Council’s Cabinet will meet to discuss (and probably) decide what to do next.

I was planning tomorrow to make a FOI request to responses to this current consultation. Wirral Council refused my FOI request for responses to the previous consultation that ran from 2nd April 2014 to 25th June 2014. I requested an internal review as they stated on the 29th July 2014 they would publish them in September (but never did). I’m still waiting for the internal review.

On the basis I’m sure I’ll get a similar response if I make a FOI request tomorrow for responses to the four-week consultation closing today, if you have responded to this consultation and would like me to publish your response (whether anonymously or not), please email me at john.brace@gmail.com.

I’ll do my best to publish consultation responses I do receive on this blog ahead of the Cabinet meeting on the 17th December 2014.

UPDATED 27/11/2014 You can now read the second consultation response from Cllr Phil Gilchrist here.

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Banned video on Lyndale School restored to Youtube; Wirral Council still prevents filming at 2 public meetings

Banned video on Lyndale School restored to Youtube; Wirral Council still prevents filming at 2 public meetings

Banned video on Lyndale School restored to Youtube; Wirral Council still prevents filming at 2 public meetings

                                                

Councillor Tony Smith at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney, Lyndzay Roberts
Councillor Tony Smith at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney, Lyndzay Roberts that Sony prevented being watch on Youtube until now.

Please accept YouTube cookies to play this video. By accepting you will be accessing content from YouTube, a service provided by an external third party.

YouTube privacy policy

If you accept this notice, your choice will be saved and the page will refresh.

Ed – Updated 11:58 14/11/2014 to include additional information.

Well the above Youtube video of the Cabinet meeting of the 4th September 2014 (previously blocked by Youtube in Germany and unavailable for anyone to view for the last fortnight because of Sony) can now be viewed.

Sony Music Entertainment haven’t sued me, so the video has to go back. My arcane knowledge of the counter notification provision to a DMCA takedown notice in the American Digital Millenium Copyright Act paid off.

The issue was to do with the use of the music track “We bought a Zoo” [2011] by Icelandic musician Jónsi.

It means the 15 minute restriction on videos, restrictions on live broadcasts is no lifted on the main Youtube channel I use. Also the account is returned to good standing.

However in future at a public meeting, even though I can justify fair use on the grounds of news reporting, to prevent the making of false allegations of copyright infringement and this happening again, I have decided not to film videos shown during public meetings (obviously there may be exceptions to this general rule).

With regards to the Lyndale School video, the fact that Jónsi is blind adds another interesting element to the Lyndale story.

It’s not however just Sony Music Entertainment that have tried to prevent footage of Wirral Council’s public meetings being shown. Wirral Council tried it at a call in earlier this year in February (about Lyndale).

Also at a recent meeting of the Youth and Play Service Advisory Committee on the 28th October and the Youth Parliament on 11th November Wirral Council were adamant that for child protection reasons these public meetings couldn’t be filmed.

This was because at the meeting on the 28th there was a 16-year-old present and at the meeting on the 11th November, there were 11-18 year olds present in addition to councillors.

Strangely enough on that very topic the Youth Parliament, the BBC are filming (and showing on BBC Parliament today) from 11.10am-12.40pm and 1.40pm onwards the Youth Parliament debating in the House of Commons.

In fact here is a quote from one UK Youth Parliament member Ciara Brodie from Liverpool (who will be leading a debate):

“Friday 14th November will be an incredible day, not only for those sitting in the chamber, but for young people across the country. This is the day when hundreds of Members of Youth Parliament will take to the green benches of the House of Commons and debate on the issues that are most important to us. These five issues have been decided by a nationwide ballot taken part in by over 865,000 11-18 year olds. This day will be symbolic, because young people often feel excluded from politics, and like their voices are neither acknowledged nor represented in Parliament. This sitting is an incredible opportunity to engage young people from across the UK in political debate, just months before a General Election. With educational reform a hot topic and 16 and 17 year olds voting in the Scottish Referendum, there has never been a more important time to listen to young people. It is one thing to be given a voice but hopefully, as a result of this debate, young people will also be listened to. This is our chance to make our mark in the heart of Westminster.”

Here is what a Youth Parliament document states about the filming today:

Television coverage

The debates will all be filmed. BBC Parliament will be broadcasting the debates live with a five minute time delay.
The debates will also be streamed “live” with a time delay directly to the newsrooms of the BBC, Sky, etc – so that broadcasters may use the footage that day if they want to.

It is very important that during the debates MYPs don’t say anything that is factually incorrect (i.e. slanderous), don’t swear and are careful not to damage the reputation of Parliament (e.g. call MPs liars!). We will be taking legal advice on anything that could be considered slanderous and any such statements will have to be removed.
The microphones and cameras will be on in the Chamber at all times.”

Coverage of the morning session will be broadcast on the BBC Parliament channel today (14th November 2014) starting at 8.20pm.
Coverage of the afternoon session will be broadcast on the BBC Parliament channel today (14th November 2014) starting at 9.50pm.

Coverage of the morning session will be available on BBC Iplayer at this link (1h30m).
Coverage of the afternoon session will be available on BBC Iplayer at this link (2h10m) .

That’s a total of 3h40m of footage.

The problem however is despite the House of Commons changing the law at Wirral Council, the officer/councillor requests to ban filming the public meeting of Wirral Council of the Youth Parliament earlier this week, especially as the Openness of Local Government Bodies Regulations 2014 meant that from August 6th 2014 Wirral Council could no longer ban any filming at its public meetings, just looks somewhat slightly silly now, old-fashioned, possibly unlawful when the BBC are filming the Youth Parliament in the House of Commons at a public meeting to a much wider audience?

Maybe Wirral Council’s child protection policy will prevent its UK Youth Parliament members (aged between 11-18) actually being involved at all in London at the House of Commons today (which if it does that’s a shame). Mind you under their “child protection policy” the public & press have been told in the past aren’t even allowed to know even the names of who from Wirral represents the views of young people on the Youth Parliament!

In Wirral of course, with full approval from Wirral Council’s Cabinet, children’s voices are not to be heard outside of meeting rooms at public meetings on political issues. The reason given is because “they’re children” and of course Wirral isn’t known to as the “insular peninsula” for no reason. It’s however really part of a wider cultural attitude against openness and transparency and of trying to control the press.

Wirral will probably also say its for safeguarding reasons, however I would say the effect of broadcasting on national TV, online and through other broadcasters is likely to reach a much wider audience than probably the fifty or sixty views there would have been of the Youth Parliament meeting at Wirral Council.

What have Wirral Council actually got to hide when it comes to teenagers? Do they just so ever conveniently forget at time they get £millions of public money to spend on their education?

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