Wirral Council committee appointments for the 2014/15 municipal year
Wirral Council committee appointments for the 2014/15 municipal year
This is a list of which councillor is on which committee for the 2014/15 year. It doesn’t include deputies (but the list of deputies can be found here at pages thirteen to twenty-three). This is the original list as agreed at the Annual Meeting (Part 2) of the Council on the 9th June 2014 (and published on the 23rd June 2014). Changes can be made throughout the 2014/15 year.
Cabinet (10 councillors)
Cllr Phil Davies (Leader of the Council and Cabinet Member for Finance)
Cllr Ann McLachlan (Governance, Commissioning and Improvement & Joint Deputy Leader of the Council)
Cllr George Davies (Neighbourhoods, Housing and Engagement & Joint Deputy Leader of the Council)
Cllr Adrian Jones (Support Services)
Cllr Christine Jones (Adult Social Care and Public Health)
Cllr Chris Meaden (Leisure, Sport and Culture)
Cllr Pat Hackett (Economy)
Cllr Tony Smith (Children and Family Services)
Cllr Bernie Mooney (Environment and Sustainability)
Cllr Stuart Whittingham (Highways and Transport)
Although there are no deputies for Cabinet, there are ten assistant portfolio holders.
Audit and Risk Management Committee (9 councillors)
Councillor John Hale (Conservative spokesperson)
Councillor David Elderton (Conservative)
Councillor Adam Sykes (Conservative)
Councillor Jim Crabtree (Labour & Chair)
Councillor Ron Abbey (Labour & Vice-Chair)
Councillor Paul Doughty (Labour)
Councillor Matthew Patrick (Labour)
Councillor Joe Walsh (Labour)
Councillor Stuart Kelly (Liberal Democrat spokesperson)
In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.
Employment and Appointments Committee (8 councillors)
Councillor Jeff Green (Conservative spokesperson)
Councillor Lesley Rennie (Conservative)
Councillor Adrian Jones (Labour & Chair)
Councillor Phil Davies (Labour & Vice-Chair)
Councillor George Davies (Labour)
Councillor Ann McLachlan (Labour)
Councillor Moira McLaughlin (Labour)
Councillor Phil Gilchrist (Liberal Democrat spokesperson)
In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.
Licensing, Health and Safety and General Purposes Committee (9 councillors)
Councillor Andrew Hodson (Conservative spokesperson)
Councillor Leah Fraser (Conservative)
Councillor Geoffrey Watt (Conservative)
Councillor Bill Davies (Labour & Chair)
Councillor Steve Niblock (Labour & Vice-Chair)
Councillor John Salter (Labour)
Councillor Christine Spriggs (Labour)
Councillor Mike Sullivan (Labour)
Councillor Pat Williams (Liberal Democrat spokesperson)
In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.
Licensing Act 2003 Committee (15 councillors)
Councillor Eddie Boult (Conservative)
Councillor Gerry Ellis (Conservative)
Councillor Andrew Hodson (Conservative)
Councillor Mike Hornby (Conservative)
Councillor Bill Davies (Labour, Chair)
Councillor Steve Niblock (Labour, Vice-Chair (from 18th June 2014))
Councillor George Davies (Labour)
Councillor Tony Norbury (Labour)
Councillor Louise Reecejones (Labour)
Councillor Denise Roberts (Labour)
Councillor John Salter (Labour)
Councillor Harry Smith (Labour)
Councillor Mike Sullivan (Labour)
Councillor Dave Mitchell (Liberal Democrat)
Councillor Pat Williams (Liberal Democrat)
There are no deputies for this committee.
Pensions Committee (10 Wirral Council councillors plus 5 co-opted members)
Councillor Geoffrey Watt (Conservative spokesperson)
Councillor Mike Hornby (Conservative)
Councillor Cherry Povall (Conservative)
Councillor Paul Doughty (Labour, Chair)
Councillor Ann McLachlan (Labour, Vice-Chair)
Councillor George Davies (Labour)
Councillor Treena Johnson (Labour)
Councillor Adrian Jones (Labour)
Councillor Harry Smith (Labour)
Councillor Chris Carubia (Liberal Democrat spokesperson)
Co-opted members
Councillor Norman F Keats (Labour, Knowsley Council)
Councillor John Fulham (Labour, St Helens Council)
Councillor Paul Tweed (Labour, Sefton Council)
Councillor Patrick Hurley (Labour, Liverpool City Council)
Patrick McCarthy
In addition to the above there are eight Conservative deputies, eight Labour deputies and four Liberal Democrat deputies.
Planning Committee (13 councillors)
Councillor David Elderton (Conservative spokesperson)
Councillor Eddie Boult (Conservative)
Councillor Paul Hayes (Conservative)
Councillor Kathy Hodson (Conservative)
Councillor Anita Leech (Labour, Chair)
Councillor Denise Realey (Labour, Vice-Chair)
Councillor Phillip Brightmore (Labour)
Councillor Matt Daniel (Labour)
Councillor Christine Spriggs (Labour)
Councillor Joe Walsh (Labour)
Councillor Irene Williams (Labour)
Councillor Stuart Kelly (Liberal Democrat spokesperson)
Councillor Pat Cleary (Green Party spokesperson)
In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.
Standards and Constitutional Oversight Committee (9 councillors, 4 independent persons)
Councillor Les Rowlands (Conservative spokesperson)
Councillor Gerry Ellis (Conservative)
Councillor John Hale (Conservative)
Councillor Bill Davies (Labour, Chair)
Councillor Moira McLaughlin (Labour, Vice-Chair)
Councillor Rob Gregson (Labour)
Councillor Denise Roberts (Labour)
Councillor John Salter (Labour)
Councillor Pat Williams (Liberal Democrat spokesperson)
Independent persons
Professor R S Jones (until 15th July 2016)
Mr C Jones (until 15th July 2016)
Mr D Burgess-Joyce (until 15th July 2016)
Mr B Cummings (until 15th July 2016)
In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.
Councillor Chris Blakeley (Conservative spokesperson)
Councillor Tom Anderson (Conservative)
Councillor Wendy Clements (Conservative)
Councillor Mike Hornby (Conservative)
Councillor Steve Williams (Conservative)
Councillor Moira McLaughlin (Labour, Chair)
Councillor Paul Doughty (Labour, Vice-Chair)
Councillor Phillip Brightmore (Labour)
Councillor Anita Leech (Labour)
Councillor Christina Muspratt (Labour)
Councillor Walter Smith (Labour)
Councillor Mike Sullivan (Labour)
Councillor Jerry Williams (Labour)
Councillor Janette Williamson (Labour)
Councillor Phil Gilchrist (Liberal Democrat spokesperson)
Co-opted members (when dealing with education matters with voting rights)
Roman Catholic Diocese Mr Damian Cunningham
Church of England Vacancy
Mrs H Shoebridge (parent governor) until 28th October 2015
Mrs Nicola Smith (parent governor) until 8 February 2017
In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.
Families and Wellbeing Policy and Performance Committee (15 councillors, 4 co-opted members)
Councillor Wendy Clements (Conservative spokesperson)
Councillor Bruce Berry (Conservative)
Councillor Paul Hayes (Conservative)
Councillor Mike Hornby (Conservative)
Councillor Cherry Povall (Conservative)
Councillor Moira McLaughlin (Labour, Chair)
Councillor Denise Roberts (Labour, Vice-Chair)
Councillor Phillip Brightmore (Labour)
Councillor Treena Johnson (Labour)
Councillor Tony Norbury (Labour)
Councillor Walter Smith (Labour)
Councillor Christine Spriggs (Labour)
Councillor Janette Williamson (Labour)
Councillor Alan Brighouse (Liberal Democrat spokesperson)
Councillor Pat Cleary (Green Party spokesperson)
Co-opted members (with voting rights)
Roman Catholic Diocese Mr Damian Cunningham
Church of England Vacancy
Mrs H Shoebridge (parent governor) until 28th October 2015
Mrs Nicola Smith (parent governor) until 8 February 2017
In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.
Regeneration and Environment Policy and Performance Committee (15 councillors)
Councillor Steve Williams (Conservative spokesperson)
Councillor Gerry Ellis (Conservative)
Councillor John Hale (Conservative)
Councillor Andrew Hodson (Conservative)
Councillor Tracey Smith (Conservative)
Councillor Mike Sullivan (Labour, Chair)
Councillor Jerry Williams (Labour, Vice-Chair)
Councillor Jim Crabtree (Labour)
Councillor Matt Daniel (Labour)
Councillor Rob Gregson (Labour)
Councillor Anita Leech (Labour)
Councillor Steve Niblock (Labour)
Councillor Denise Realey (Labour)
Councillor Jean Stapleton (Labour)
Councillor Dave Mitchell (Liberal Democrat spokesperson)
In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.
Transformation and Resources Policy and Performance Committee (15 councillors)
Councillor Adam Sykes (Conservative spokesperson)
Councillor Tom Anderson (Conservative)
Councillor Bruce Berry (Conservative)
Councillor Kathy Hodson (Conservative)
Councillor Tracey Smith (Conservative)
Councillor Janette Williamson (Labour, Chair)
Councillor Paul Doughty (Labour, Vice-Chair)
Councillor Matt Daniel (Labour)
Councillor Rob Gregson (Labour)
Councillor Matthew Patrick (Labour)
Councillor Christina Muspratt (Labour)
Councillor Louise Reecejones (Labour)
Councillor Joe Walsh (Labour)
Councillor Irene Williams (Labour)
Councillor Phil Gilchrist (Liberal Democrat spokesperson)
In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.
Councillor Jim Crabtree (Labour, Bidston & St. James)
Councillor Ann McLachlan (Labour, Bidston & St. James)
Councillor Harry Smith (Labour, Bidston & St. James)
Councillor Pat Cleary (Green, Birkenhead & Tranmere)
Councillor Phil Davies (Labour, Birkenhead & Tranmere)
Councillor Jean Stapleton (Labour, Birkenhead & Tranmere)
Councillor George Davies (Labour, Claughton)
Councillor Steve Foulkes (Labour, Claughton)
Councillor Denise Roberts (Labour, Claughton)
Councillor Alan Brighouse (Liberal Democrat, Oxton)
Councillor Stuart Kelly (Liberal Democrat, Oxton)
Councillor Pat Williams (Liberal Democrat, Oxton)
Councillor Paul Doughty (Labour, Prenton)
Councillor Tony Norbury (Labour, Prenton)
Councillor Denise Realey (Labour, Prenton)
Councillor Bill Davies (Labour, Rock Ferry)
Councillor Chris Meaden (Labour, Rock Ferry)
Councillor Moira McLaughlin (Labour, Rock Ferry)
Co-opted Member
Rt Hon Frank Field MP (Chair)
Wallasey Constituency Committee (18 councillors, 6 community representatives)
Councillor Ron Abbey (Labour, Leasowe and Moreton East)
Councillor Treena Johnson (Labour, Leasowe and Moreton East)
Councillor Anita Leech (Labour, Leasowe and Moreton East)
Councillor Matt Daniel (Labour, Liscard)
Councillor Bernie Mooney (Labour, Liscard)
Councillor Janette Williamson (Labour, Liscard)
Councillor Bruce Berry (Conservative, Moreton West and Saughall Massie)
Councillor Chris Blakeley (Conservative, Moreton West and Saughall Massie)
Councillor Steve Williams (Conservative, Moreton West and Saughall Massie)
Councillor Rob Gregson (Labour, New Brighton)
Councillor Pat Hackett (Labour, New Brighton)
Councillor Christine Spriggs (Labour, New Brighton)
Councillor Adrian Jones (Labour, Seacombe)
Councillor Chris Jones (Labour, Seacombe)
Councillor John Salter (Labour, Seacombe)
Councillor Leah Fraser (Conservative, Wallasey)
Councillor Paul Hayes (Conservative, Wallasey)
Councillor Lesley Rennie (Conservative, Wallasey)
Community Representatives
Mr Ken Harrison
Mr Brian Higgins
Mr Tony Jones
Mr Keith Raybould
Mr Paul Roberts
Mr Lewis Collins
Wirral South Constituency Committee (15 councillors, up to 6 community representatives)
Councillor Christina Muspratt (Labour, Bebington)
Councillor Walter Smith (Labour, Bebington)
Councillor Jerry Williams (Labour, Bebington)
Councillor Steve Niblock (Labour, Bromborough)
Councillor Joe Walsh (Labour, Bromborough)
Councillor Irene Williams (Labour, Bromborough)
Councillor Cherry Povall (Conservative, Clatterbridge)
Councillor Tracey Smith (Conservative, Clatterbridge)
Councillor Adam Sykes (Conservative, Clatterbridge)
Councillor Chris Carubia (Liberal Democrat, Eastham)
Councillor Phil Gilchrist (Liberal Democrat, Eastham)
Councillor Dave Mitchell (Liberal Democrat, Eastham)
Councillor Andrew Hodson (Conservative, Heswall)
Councillor Kathy Hodson (Conservative, Heswall)
Councillor Les Rowlands (Conservative, Heswall)
Community representatives
Unknown
Wirral West Constituency Committee (15 councillors plus six co-opted community representatives)
Councillor Tom Anderson (Conservative, Greasby, Frankby & Irby)
Councillor Wendy Clements (Conservative, Greasby, Frankby & Irby)
Councillor Mike Hornby (Conservative, Greasby, Frankby & Irby)
Councillor Eddie Boult (Conservative, Hoylake & Meols)
Councillor Gerry Ellis (Conservative, Hoylake & Meols)
Councillor John Hale (Conservative, Hoylake & Meols)
Councillor Phillip Brightmore (Labour, Pensby & Thingwall)
Councillor Louise Reecejones (Labour, Pensby & Thingwall)
Councillor Michael Sullivan (Labour, Pensby & Thingwall)
Councillor Matthew Patrick (Labour, Upton)
Councillor Tony Smith (Labour, Upton)
Councillor Stuart Whittingham (Labour, Upton)
Councillor David Elderton (Conservative, West Kirby & Thurstaston)
Councillor Jeff Green (Conservative, West Kirby & Thurstaston)
Councillor Geoffrey Watt (Conservative, West Kirby & Thurstaston)
Community Representatives
Jackie Hall (Hoylake and Meols)
John Smith (Greasby, Frankby & Irby)
Lynn Collier (Pensby & Thingwall)
Elise Wong (Upton)
David Wade (West Kirby & Thurstaston)
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Mayor of Wirral Cllr Foulkes “Cllrs suggested that I end up in something long and flowing, some meant the R. Mersey”
Mayor of Wirral “Councillors suggested that I end up in something long and flowing, some meant the River Mersey”
Left to right newly elected Mayor of Wirral Councillor Steve Foulkes, former Mayor of Wirral Councillor Dave Mitchell
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Once the new Mayor of Wirral Council Councillor Steve Foulkes returned and he made his declaration of acceptance of office, he made a speech the first part of which is below.
MAYOR OF WIRRAL COUNCILLOR STEVE FOULKES
Right, I’ll probably use the microphone. OK, I’m awful sorry, hang on, I’m doing that. Please be seated. It works!
Well I’d just like to say that there are many, many councillors and this is a tribute to former Mayors particularly Gerry Ellis who’s given me this opening gambit which was when some councillors suggested that I end up in something long and flowing, some meant the River Mersey and not the Mayor’s robes and that’s my tribute to Gerry, to Gerry’s.
Before I do make my acceptance speech though, I think I must place on record my gratitude and thanks to Dave and Sue for the friendship that they’ve given me in the last thirteen months, the guidance and just the thoroughly fantastic job they have done on behalf of the people of Wirral. They’ve been an absolute credit to themselves and the Borough so let’s hear it for them.
It would be a really hard act to follow, but I think you’ve earned a good long rest, so have a good rest and a good holiday and enjoy. I’ll also pass on my condolences to Kate Wood’s family and I will be attending Kate’s funeral on Wednesday, a sad way to start the evening however.
I will accept the office and I’d have loved a unanimous vote and I’ve accepted office on a majority vote and I’ve lost office, quite sadly at times, on a majority vote. So I will be accepting the office tonight.
I’d like to thank my group, my leader Phil for the nomination and a fantastic speech he gave, if not a little too revealing about my former name as Mad Max. That won’t go down very well, but we’d asked for an in depth interview and we got one, so thank you very much.
I’d really like to place on record now while I’ve got the chance is my employer Unilever. They’ve been very supportive of me over a number of years as a politician. As a community minded company they have been really supportive and I have to place on record thanks to them.
I’d like to say a special thanks, this is the second time George gets a mention tonight. I came into politics as George’s agent when we won Claughton and he’s been a real close friend ever since. In fact I refer to him as my other brother sometimes and we’ve been that close at times and he’s been a stalwart. My other ward colleague Denise Roberts, who has really been great and supportive to us and more importantly and that’s what it’s all about is the people of Claughton who have voted for me on a regular basis and have returned me to office over twenty-four years. I’d like to thank them.
So what a really great venue for this what to me is a very special occasion of course but it is a special occasion for the people of Wirral. A great venue and a new look New Brighton. This is at the heart of New Brighton and a development that was done and developed and delivered in the teeth of a recession and I think it just shows what Wirral people can do, what Wirral Council can do if it is of one mind, if it has a vision, if it has a cause. Just go out there tonight if you get a chance, in the early evening and see how much we’ve achieved in those circumstances bringing new life and new jobs I hope we can do more of that in future.
Actually we were quite lucky to get in here tonight. I don’t know whether you noticed the sign or not on the way in, clairvoyant’s evening cancelled due to unforeseen circumstances. I don’t know whether anybody spotted that on their way in. You’ve heard a little bit about my background and you know it is character building and I do hope when we get out there and talk to people I will describe how poor we were. We were poor and I’m not ashamed of that. In fact we were so poor that all our clothes had to be bought from the Army and Navy surplus store. You know it’s tough, you try going to school dressed as a Japanese Rear Admiral.
I can tell you it’s not easy and there was a big family you know, we had to scrap over food and things like that and actually my real name should’ve been Tuesday because when I was born Dad looked at Mum and said ‘let’s call it a day love’. Actually Elaine jokes because I haven’t got a middle name. Elaine jokes and says you know by the time I was born she’d run out of names so they couldn’t give me a middle name.
Well as Phil said, our council house which I’m always grateful for, a little bit crowded but loving and this is where I go a bit errm. Not a day passes really you know I don’t think about my Mum and Dad, Eric and Gladys and I just hope that they are really, really proud of what I’ve achieved and what I’ve done today and I miss them. Not a day goes by without a thought for them but that’s my emotional bit over with I suppose.
Right, my Mayoress, my Mayoress will be my beautiful fiancee Elaine who I love dearly and dearly being the operative word because the cost of her last outfit I tell you! It’s utterly amazing but a few years for me have been tough, there’s no doubt about it, politically you put your head above the parapet, times get tough and it has felt like I’ve been besieged at times and I actually don’t think I could have coped with those tough years without Elaine by my side and I thank her very much for that.
Elaine’s a hard working mum, with two lovely children Jack and Molly, you’ve seen Molly already, who have become my best mates during difficult times. They’ve shown maturity in themselves and a friendship to me that is a credit to them and should be an example to everybody in this room. I’ve got to give Jack a special mention, he’s chomping at the bit to go because he’s got two A-levels tomorrow and he really wants to get on and revise. He’s taken time out and good luck tomorrow mate with everything and those exams.
If you haven’t heard, if you haven’t heard, it’s open news now. Me and Elaine have named a date. We’re going to get married on August 17th 2015, ok? I’m sorry Councillor Blakeley, but the best man’s job has already been allocated. So after our Mayoral year, we will be married and what an exciting year it promises to be. The return of the Open and the International Business Festival just for two as an example of this Borough with a real chance, a real opportunity to promote itself and put its best foot forward.
Mayors are supposed to sort of pick themes. I’ve had a little think about what we should be doing. So as Mayor I’ve selected one theme which is ‘Wirral a place to do business’. We can’t latch on to the Golf Open and all the other investment that’s going on. At last we will see some work taking place on the Twelve Quays site. If this is not the greatest opportunity we’ve ever had to entice new business into the Borough I don’t know what it is, so the Mayor’s Office, including the Deputy we will be there, ready, willing and able to meet, greet, do whatever is necessary to entice businesses into this Borough. That’s a pledge I will make as part of the year.
The other sort of theme is ‘councillors count’ and what does that mean? Some can’t count, but councillors count, in a, I know when we had the electronic voting we certainly couldn’t count but I remember, I’ve always thought that no one ever speaks up for councillors. You know they’re misunderstood, maligned, not really appreciated what they’re doing. Having been in virtually every role that it’s possible to be as a councillor, I do actually think we need someone to just champion them and all it will be as part of the theme of the year is explaining the role, the job they do. Don’t forget what councillors have, they have an electoral mandate which very few people have. They are actually able to speak with authority for the very diverse communities we have on the Borough. So I will be championing the role of councillor as best as I can during that year and the last theme is a very simple one it’s just about saying thank you.
EXCLUSIVE: £1,800 “confidential” report clears Councillor Chris Blakeley after allegation of Cllr Foulkes that comments in Liverpool Echo were disrespectful
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Aretha Franklin – Respect [1967]
Cheshire West and Chester invoice for £1800 for investigating a standards complaint (you can click on the thumbnail for a more high resolution version)
EXCLUSIVE: £1,800 "confidential" report clears Councillor Chris Blakeley after allegation of Cllr Foulkes that comments in Liverpool Echo were disrespectful
It was a long time ago (19th March) when I first made a Freedom of Information Act request for the external investigation report (and the invoice) for the standards complaint that Councillor Steve Foulkes had made about Councillor Chris Blakeley. Not surprisingly with such a politically sensitive request, my Freedom of Information request was ignored, so on the 17th April I requested an internal review.
On the 24th April Wirral Council supplied the report itself, an appendix and the invoice from Chester West and Chester Council (for £1,800) for the investigation. On the same day this was released, solicitors that work in Wirral Council’s legal department and the officers that take the minutes at public meetings had a meeting in Committee Room 1, the subject of which was “values and culture change”. The fact that only two lines are redacted in the investigation report and Wirral Council hasn’t claimed an Freedom of Information Act exemption applies to the report and appendix A is one example of how the culture has changed at Wirral Council.
Due to the redaction of two lines on page nine, the seventeen page report is an image, therefore it can’t be spidered properly by search engines. Therefore I’ll be including the seventeen page report below this so it can be properly spidered. The report itself explains who Councillor Blakeley and Councillor Foulkes are so I won’t repeat what is in the report itself. It does however give an interesting insight into Wirral’s politics. Appendix A to the report can be downloaded from this blog. I’ve used a series of equals signs to show where individual pages start and end in the report.
Where legislation or individual cases are referred to I have tried to provide a link where possible in case you want to find out more about the legislation or judgements referred to. If you wish to read the original report as a pdf file you can. The two witness statements referred to in the report as Appendix B (the witness statement of Councillor Foulkes) and Appendix C (the witness statement of Councillor Blakeley) haven’t been supplied in response to the Freedom of Information Act request, but I’ve requested an internal review regarding these. In the report below I have not corrected any spelling mistakes or grammatical errors but left these as they appear in the report.
Report of an investigation by Trudie Odaka acting as investigating officer, appointed by Surjit Tour Monitoring Officer for Wirral Borough Council into allegations concerning Councillor Chris Blakeley.
This report is submitted to the Monitoring Officer for Wirral Borough Council, Surjit Tour.
FINAL REPORT
10th March 2014
1 | Not for distribution. This report is confidential and must not be disclosed
======================================================================================================= CONTENTS
1. Executive Summary
2. The relevant legislation and protocols
3. The Evidence Gathered
4. Nomination for the Office of Mayor
5. The Allegations by the Complainant
6. Account by Councillor Foulkes
7. The Liverpool Echo article dated 13th May 2013
8. Response from Councillor Blakeley
9. Summary of the material facts
10.Case Law
11.Reasoning as to whether there has been a failure to comply with the Wirral Borough Council Code of Conduct
12.Finding
Appendix A – Schedule of Documents
Appendix B – Statement of Councillor Foulkes
Appendix C – Statement of Councillor Blakeley
2 | Not for distribution. This report is confidential and must not be disclosed
=======================================================================================================
Executive Summary
1.1 I have been asked to conduct an investigation in respect of a complaint made by Councillor Steve Foulkes regarding the conduct of Councillor Chris Blakeley.
1.2 The Allegation
An allegation has been made by Councillor Steve Foulkes that Councillor Chris Blakeley failed to comply with the Members’ Code of Conduct for Wirral Borough Council by failing to treat him with respect. The allegation made by Councillor Foulkes is that in an article that appeared in the Liverpool Echo on Monday 13th May 2013, when referring to Councillor Foulkes’ nomination as for Deputy Mayor, Councillor Blakeley indicated that he would be voting against the nomination. The complaint contains the quote "I truly believe that for labour to nominate such a controversial character as Steve Foulkes threatens the position of mayor and the need for impartiality. Having sat on the benches opposite calling for his resignation because he was not fit to lead the council, how can I now say that he is fit to be the deputy mayor this year and the mayor next year? I would be a total hypocrite. I fully respect the mayoralty; however I have no respect for Cllr Foulkes and that is why I will be voting against him".
1.3 I have investigated whether Councillor Chris Blakeley failed to comply with paragraphs 1.1of the Members’ Code of Conduct for Wirral Borough Council.
Investigation Outcome
1.4 I have investigated Councillor Blakeley’s conduct and in so doing I have considered the article published in the Liverpool Echo on 13th May 2013 which was appended to the complaint. I have taken into account the article as a whole, in order to set the context of any quotes or information contained within it. Whilst concentrating principally on this Liverpool Echo article; I have also considered other articles relating to Councillor Foulkes’ nomination for deputy mayor, articles that appeared in the local press and on the internet. This has enabled me to better understand the background to the complaint, the context of the statement made by Councillor Blakeley and this has allowed me to review the comments made by other members of Wirral Borough Council; members that are not the subject of this complaint but who nonetheless commented publically about the nomination of Councillor Foulkes for the position of Deputy Mayor.
3 | Not for distribution. This report is confidential and must not be disclosed
=======================================================================================================
1.5 I have considered the quotes attributed to the subject member Councillor Blakeley and I have investigated – whether the quotes were made by him and if made; the context.
1.6 I have considered the comments contained within the complaint and I have interviewed both Councillor Foulkes and Councillor Blakeley to listen to their account of events. Through interviewing each member separately; I have paid particular attention to what each of them has said and taken into account how the comments were perceived by them including the intention of the subject member Councillor Blakeley. I have also taken into account the public forum in which the comments were made; being publication of the comments within a newspaper.
1.7 Whilst concentrating the investigation upon the Liverpool Echo article and the conduct of Councillor Blakeley; in reaching a conclusion, I have taken into account the political context at the time by reviewing the press and other public forums where the nomination was mentioned, although the information found is relevant for setting context (as it revealed that others made comments about the nomination) I have not repeated what I have found within this report as it does not relate to the exact detail of this complaint. Copies are contained in the list of documents at appendix A.
1.8 I have investigated whether or not the conduct complained of was directed at Councillor Foulkes as an individual or his personal characteristics.
1.9 I conclude that when quoted in the Liverpool Echo article on 13th May 2013, Councillor Blakeley was acting in his official capacity as a councillor of Wirral Borough Council.
1.10 I conclude that there has been no failure by Councillor Blakeley to comply with paragraph 1.1 of the Code of Conduct for Wirral Borough Council in that, the quotes in the Liverpool Echo article constituted the legitimate expression of Councillor Blakeley made in response to a nomination by the council’s cabinet for the position of deputy mayor; the quotes related to a matter within his legitimate concern as a councillor namely the proposed next incumbent for the position of deputy mayor. In making the statements Councillor Blakeley appears to have been seeking to explain the reason why he would be voting against the nomination of Councillor Foulkes for deputy mayor; against the Wirral Council’s established tradition of members not challenging nominations made for the positions of mayor and deputy mayor. Councillor Blakeley is quoted as saying "Having sat on the benches opposite calling for his resignation because he was not fit to lead the council, how can I now say that he is fit to be the deputy mayor this year and the mayor next year?" Taking into account all the material facts, I do not find that the quotes
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were expressions of personal malice/anger or personal abuse/attack directed at the Complainant Councillor Foulkes.
1.11 In reaching my conclusion, I have taken into account the fact that Wirral Borough Council being a public body is under a duty to act in a way that is compatible with the European Convention on Human Rights; this includes the consideration of possible breaches of the Member’s Code of Conduct. Article 10 is a European Convention Right that gives protection to the right of freedom of expression, a right which the courts have strongly upheld in cases involving the expression of political opinion, and as such, Councillor Blakeley’s comments to the Liverpool Echo are protected by Article 10.
1.12 I find that there has been no failure to comply with the Wirral Borough Council Code of Conduct.
2. The Relevant Legislation, Code and Protocols
The Code of Conduct
2.1 Wirral Borough Council adopted a Code of Conduct with effect from 1st July 2012 in accordance with the provisions of the Localism Act 2011.
2.2 The Wirral Borough Council Code of Conduct imposes a general obligation on all its councillors, that when acting in their role as a member of the council they will treat others with respect.
2.3 Relevant paragraphs of the Code of Conduct
Paragraph 1.1 of the Code states –
(1) when acting in your role as a Member of the Council;
1.1 DO treat others with respect
Relevant legislation
2.4 Article 10 of the European Convention on Human Rights (ECHR) provides:
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.
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
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society, in the interests of…the protection of the reputation or rights of others."
2.5 Section 1 of the Human Rights Act 1998 identifies the rights under the European Convention of Human Rights which have effect for the purposes of that Act. They include Articles 6 and 10 of the ECHR.
Section 3(1) of the 1998 Act provides that so far as it is possible to do so subordinate legislation must be read and given effect in a way which is compatible with the convention rights.
(1) It is unlawful for a public authority to act in a way which is incompatible with a convention right. (In light of this provision I have taken into account the provisions of the ECHR when conducting this investigation).
(2) Disapplies the section in certain very limited circumstances concerning primary legislation. (This does not apply to the present case)
3. The Evidence Gathered
3.1 I have interviewed –
The Complainant Councillor Steve Foulkes
The subject member Councillor Chris Blakeley
3.2 I have spoken to Surjit Tour, the Council’s Monitoring Officer.
3.3 I have been given a copy of Wirral Council’s Members’ Code of Conduct.
3.4 I have been given a copy of Wirral Council’s Member’s Code of Conduct protocol.
3.5 I have obtained copies of other articles within the press relating to the nomination of Councillor Foulkes as deputy mayor found as a result of a speculative search of the internet. Copies of these are contained within Appendix A
4 Nomination for the Office of Mayor
4.1 Both Councillor Foulkes and Councillor Blakeley have explained the process for mayor making to me. My understanding is that in essence nominations to
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the offices of mayor and deputy mayor are made by the Wirral Council Cabinet. All three parties take a rotational turn to put forward their nomination for the role. In 2013 the rotational turn belonged to the Labour Group. I am told by Councillor Foulkes that the selection of the Labour Group nomination is based upon seniority due to length of service.
4.2 In accordance with custom and practice the role of deputy mayor is normally followed a year later by the holder’s nomination to the position of mayor. My understanding is that the naming of a mayor and deputy mayor is not normally controversial in Wirral.
4.3 The nomination to the mayoralty and deputy mayoralty is traditionally unopposed by any of the parties as the position is considered apolitical.
5 The Allegations by the Complainant
5.1 The complaint stems from a statement which appeared in the a Liverpool Echo article dated 13th May 2013 and a quote attributed to the subject member Councillor Blakeley, words taken from the article of :
"I truly believe that for labour to nominate such a controversial character as Steve Foulkes threatens the position of mayor and the need for impartiality."
"Having sat on the benches opposite calling for his resignation because he was not fit to to lead the council, how can I now say that he is fit to be the deputy mayor this year and the mayor next year? I would be a total hypocrite. I fully respect the mayoralty; however I have no respect for Cllr Foulkes and that is why I will be voting against him."
5.2 Within his complaint Councillor Foulkes explains "I have a proud record of public service over 22 years. During that time I have never been found guilty of being unfit to hold public office. By questioning by fitness to hold the offices of Council Leader, Deputy Mayor and Mayor, Cllr Blakeley is in clear breach of one of the key elements of the Members Protocol, i.e. ‘failing to treat people with respect."
6 Account by Councillor Foulkes
6.1 Councillor Foulkes is an elected Councillor of Wirral Borough Council and following his nomination to the office, he became the Deputy Mayor of Wirral Borough Council.
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6.2 Councillor Foulkes made the complaint on 17th May 2013 following the article that appeared in the Liverpool Echo on 13th May 2013.
6.3 Councillor Foulkes has complained about the comments attributed to Councillor Blakeley within the Liverpool Echo explaining that he took exception to the word ‘unfit’ saying "The use of the word ‘unfit’ implies things, gives connotations that there is criminality involved with your character or malpractice. For this to be true ‘he’ would need evidence. That is what is required to say a holder of a drinks licence or a taxi licence is unfit – you need to explain what makes a person ‘unfit’."
6.4 When interviewed Councillor Foulkes differentiated the comments made by Councillor Blakeley from the other comments contained within the article "The first comment that I found mildly offensive was the comment ‘divisive’ I did not take action about this." "… people are allowed poetic licence even though it was not a great comment; people say many things in political tit for tat. I did not take action over this."
6.5 Councillor Foulkes explained the effect of the quotes on:
him as an individual, "The statements made have had an effect on me as an individual. First it made life difficult for me" "People who read it associated it with criminality or malpractice. I was very concerned that this was what people were thinking of me." "I have to survive in the real world. I have a career. If people associate my name with being ‘unfit’ or ‘divisive’ it will discourage people from taking the role of politician if that sort of language continues"
him as a politician, "Understanding the local people, I knew the phase ‘unfit’ could be interpreted in a whole host of ways. It took me aback that Councillor Blakeley though he knew something that would show me as unfit. Leaders of Council’s are accountable. This is right and correct. This however was an attack on my character."
his family and friends "it has clearly created tension for my friends and family" "I received comments from friends and people that I met "what’s he got on you to call you ‘unfit’?" As I said, normally the use of the word ‘unfit is connected to criminality e.g. in the context of licensing. What have I done? I have never done
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anything. If Councillor Blakeley thought that I was unfit on those grounds then he should have made it clearer.”
6.6 Councillor Foulkes explained why he took exception to the quotes attributed to Councillor Blakeley "I would never say that I don’t have respect for someone. I feel that by saying this Councillor Blakeley has gone beyond the normal attacks that occur." "Where Councillor Blakeley says I was unfit it shows a lack of respect this is made worse when his comments are then emblazoned in the press."
6.7 Quoting directly from Councillor Foulkes’ statement he said "Lots of others called for my resignation, others spoke in support. It doesn’t mean that someone who has been the Leader cannot be Mayor. I have done the job as Leader to the best of my ability. I have made mistakes but I do not think that I have done anything to warrant me being called ‘unfit’. This is personalised attack on my character not based on anything I might have done or anything that he believes that I have done."
"At this point in time there is not a blemish on my character. I would say that as a politician I have made mistakes. I made decisions with the best interests of Wirral and the Council I never knowingly did anything that would breach decent behaviour or any Code of Conduct."
7 The Liverpool Echo Article dated 13th May 2013
7.1 The Article which is the subject of this complaint appeared in the Liverpool Echo on Monday 13th May 2013 under the title "Rivals in row over choice of Deputy Mayor" by Liam Murphy.
7.2 The article is introduced with the editorial "A long-standing tradition of not making mayoralty a political issue looks set to be shattered in Wirral tonight"
7.3 The editorial continues "Former council leader, Labour’s Steve Foulkes, is being put forward as deputy mayor; but a leading Tory has said he will vote against him Cllr Foulkes and other members of the Conservative party are expected to join him or abstain."
7.4 The article sets out the context of the mayor making process explaining "the three parties in Wirral council take turns nominating a councillor to the
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======================================================================================================= mayoralty seen as a non-political role which raises thousands of pounds for chosen charities."
7.5 Within the article Tory Leader Councillor Jeff Green has a quote attributed to him, ‘he was surprised by the decision to nominate such a "divisive figure"’
7.6 The editorial commentary introduces Councillor Blakeley’s quote with "ahead of night’s meeting to nominate the new mayor and his deputy, Tory chief whip Cllr Chris Blakeley said he would be voting against Cllr Foulkes"
7.7 Councillor Blakeley is then quoted as having said "I truly believe that for labour to nominate such a controversial character as Steve Foulkes threatens the position of mayor and the need for impartiality."
"Having sat on the benches opposite calling for his resignation because he was not fit to lead the council, how can I now say that he is fit to be the deputy mayor this year and the mayor next year? I would be a total hypocrite. I fully respect the mayoralty; however I have no respect for Cllr Foulkes and that is why I will be voting against him."
7.8 The article ends with a commentary from the complainant Councillor Foulkes "I think the reality is that the conservatives are becoming increasingly desperate to gain some attention for themselves" . "If they have chosen to show what is considered bad manners, politicising the mayoralty, it says more about them than anyone else."
8 Response from Councillor Blakeley
8.1 During my interview with Councillor Blakeley he explained that he felt the complaint was a tit for tat complaint made by the complainant.
8.2 Councillor Blakeley was and is unhappy with the process followed in the handling of this complaint.
8.3 When interviewed Councillor Blakeley described the council as "factionalised politically".
8.4 In relation to the quotes attributed to him, Councillor Blakeley did not remember the exact words used however he did not dispute the words quoted "When I saw the article I was not shocked by what it said. But I
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can’t say if what they printed was correct because I can’t recall word for word what was actually said".
8.5 Councillor Blakeley explained "I am extremely proud that I voted against Councillor Foulkes as Deputy Mayor along with my colleagues who also voted against and those in the Conservative and Liberal Democrat Group who also did not support Cllr Foulkes nomination by abstaining."
8.6 When referring to the mayor making process Councillor Blakeley explained "The traditional view is that the Mayor Making is a non-political event. No vote is taken on either role and it is all done with niceties and everyone is pleasant".
8.7 With reference to the nomination of Councillor Foulkes for the position of deputy mayor Councillor Blakeley explained "The selection of Councillor Foulkes made it a political event. When Labour nominated Councillor Foulkes, the Labour Group knew what they were doing, sticking two fingers up to the Council and to the people of Wirral. As explained by Councillor Jeff Green’s comment "he was surprised by the decision to nominate such ‘a divisive figure’." If you knew and understood the history of politics in Wirral you would understand that".
8.8 In relation to the use of the wording ‘unfit’ Councillor Blakeley explained "Councillor Foulkes was voted out as Leader of the Council in 2011 because of a vote of no confidence. I voted against Councillor Foulkes when he was leader. I vote against him because we all believed he was no longer fit to lead this Council. We need a majority of Councillors to carry a vote of no confidence, clearly that majority was achieved. It wasn’t my words that he wasn’t ‘fit’ it was the Council motion".
8.9 Councillor Blakeley explained the context of his statements "Wirral Borough Council is a ‘bear put’ of a political arena. Since Councillor Davies took over as Leader of the Council there have been calls for him to resign. If the shoe was on the other foot; I am sure that he would be calling for the Conservative or Liberal Democrat Leader to resign. Calling on Leaders to resign is not unusual in Wirral, regardless of which political party it is, that is the confrontational nature of politics that exists in Wirral".
8.10 Councillor Blakeley went on to explain "Wirral Council is exceptionally political." "..I am sure that both he and I and others have said far
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worse in the Council Chamber than is printed on that newspaper page".
8.11 In conclusion Councillor Blakeley said "Looking at the seven principles in public life that are in the Schedule to the Members Code of Conduct, I have been honest in what I have said. I have been accountable about what I have said".
9 Summary of the material facts
9.1 The comments published in the Liverpool Echo on 13th May 2013 complained about are attributed to Councillor Blakeley.
9.2 The article and all the quotes contained within it including those attributed to the Councillor Blakeley "I fully respect the mayoralty; however I have no respect for Cllr Foulkes and that is why I will be voting against him." all relate to the nomination of Councillor Foulkes for deputy mayor.
9.3 It is clear that the comments are connected to the intended departure from a long established tradition of nominations relating to the mayoralty being apolitical "I think the reality is that the conservatives are becoming increasingly desperate to gain some attention for themselves". "If they have chosen to show what is considered bad manners, politicising the mayoralty, it says more about them than anyone else."
9.4 The nomination of councillor Foulkes for the position of deputy mayor led to comments being made publicly about the nomination from a number of Wirral Borough Councillors.
9.5 I note that in relation to the ‘unfit’ comment Councillor Foulkes explained to his employer "that is was just political stuff" I also note that Councillor Foulkes’ response to the comments contained within the article is also quoted (paragraph 7.8 above refers).
10 Case Law
In coming to a conclusion over whether or not there has been a breach of the Wirral Code of Conduct, I have taken into account case law concerning the freedom of expression, in particular political expression and the application of the article 10 of the European Convention on Human Rights (Freedom of Expression) to complaints under the Code of Conduct. Including the most recent high court cases of R (Dennehy) v London Borough of Ealing [2013]
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"The recognition of the importance of expression in the political sphere and the limits of acceptable criticism are wider in the case of politicians acting in their public capacity than they are in the case of private individuals… This recognition involves both a higher level of protection ("enhanced protection") for statements in the political sphere and the expectation that if the subjects of such statements are politicians acting in their public capacity, they lay themselves open to close scrutiny of their words and deeds and are expected to possess a thicker skin and greater tolerance than ordinary members of the public … Although the protection of Article 10(2) extends to politicians, the Strasbourg Court has stated that where a politician seeks to rely on it, "the requirements have to be weighed in relation to the open discussion of political issues".
10.2 In Sanders v Steven Kingston Wilkie J considered the relationship between Article 10 and paragraph 2(b) of the then Code of Conduct. The provision equates to paragraphs 1.1 of the Wirral Council’s new Code with which this investigation is concerned. In paragraph 69 of his judgement, Wilkie J reviewed a number of authorities. In my view the paragraphs taken from the judgement are relevant to this investigation as they relate to the freedom of expression and political expression in particular.
10.3 In Lingens v Austria Wilkie J noted [at para.69] that the following was said:
"In this connection the court has to recall that freedom of expression constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and for each individual’s self fulfilment. Subject to paragraph 2, it is applicable not only to "information or ideas" that are favourably received or regarded as inoffensive or as a matter of indifference, but also to
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those that offend shock or disturb. Such are the demands of pluralism, tolerance and broad mindedness without which there is no democratic society. More generally freedom of political debate is at the very core of the concept of a democratic society which prevails throughout the convention… In such cases the requirements of such protection have to be weighed in relation to the interests of open discussion of political issues."
10.4 From R v Central Independent Television plc (1994) Fam 192 Wilkie J set out the following passage from the speech of Lord Justice Hoffman:
"Publication may cause needless pain, distress and damage to individuals or harm to other aspects of the public interest. But a freedom which is restricted to what judges think to be responsible or in the public interest is no freedom. Freedom means the right to publish things which government and judges, however well motivated, think should not be published. It means the right to say things which "right thinking people" regard as dangerous or irresponsible. This freedom is subject only to clearly defined exceptions laid down by common law or statute. It cannot be too strongly emphasised that outside the established exceptions, there is no question of balancing freedom of speech against other interests. It is a trump card which always wins."
"Members of Councils are politicians and their actions as such are often political actions. An obvious example is when they are speaking in Council meetings where robust political debate may reflect lack of respect for political opponents or may result in views being expressed which many might regard as offensive. It cannot be the case, in my judgement, that the sole source of obligation in that context is the code of conduct unmediated by consideration of Article 10."
"The burden is on [the Adjudication Panel for England] to justify interference with freedom of speech. However offensive and undeserving of protection the appellant’s outburst may have appeared to some, it is important that any individual knows that he can say what he likes, provided it is not unlawful, unless there are clear and satisfactory reasons within the terms of Article 10(2) to render him liable to sanctions.”
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11 Reasoning as to whether there has been failure to comply with the Code of Conduct
11.1 Two matters fall for determination on the basis of the facts as found:
Whether when quoted in the Liverpool Echo on 13th May 2014, Councillor Blakeley was acting in his role as a member of the Council and
Whether Councillor Blakeley’s conduct was such that he failed to treat others with respect.
Failure to Treat Others with Respect
11.2 Failure to treat others with respect will occur when unfair, unreasonable or demeaning behaviour is directed by one person against another. The circumstances in which the behaviour occurred are relevant in assessing whether the behaviour is disrespectful. The circumstances include the place where the behaviour occurred, who observed the behaviour, the behaviour itself and its proportionality to the circumstances, the character and relationship of the people involved and the behaviour of anyone who prompted the alleged disrespect.
11.3 It is recognised that in politics rival groupings are common and, within this context it is expected that each will campaign for their ideas, and they may also seek to discredit the policies and actions of their opponents. It is very clear from case law that ideas and policies can be robustly criticised, but individuals should not be subject to unreasonable or excessive personal attack, it is also clear from case law that the right to freedom of expression is a crucially important right that can only be interfered with where there are convincing and compelling reasons within article 10(2) to justify that interference "It cannot be too strongly emphasised that outside the established exceptions, there is no question of balancing freedom of speech against other interests. It is a trump card which always wins" (paragraph 10.4 above refers).
11.4 Councillor Blakeley does not deny making the quotes contained in the Liverpool Echo article.
11.5 There is agreement by the complainant and the subject member that the quotes contained within the article were as a direct response to the nomination of Councillor Foulkes for the position of deputy mayor.
11.6 I find that the quotes in the article related to a matter within Councillor Blakeley’s legitimate concern as a councillor. I consider that the right of Councillor Blakeley as a democratically elected member of a public authority to free speech is engaged. I find that in making the statements he was
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seeking to explain why he would be voting against the nomination of Councillor Foulkes as deputy mayor "I truly believe that for labour to nominate such a controversial character as Steve Foulkes threatens the position of mayor and the need for impartiality." This appears to have been said by way of explanation against the accepted Wirral tradition that when such nominations are made by a party for the position of deputy mayor, the nominations are accepted without opposition from any of the other parties’ members "I fully respect the mayoralty; however I have no respect for Cllr Foulkes and that is why I will be voting against him.".
11.7 Personal Attack or Malice
In relation to the article, I have also considered whether or not there was a personal attack against Councillor Foulkes contained within the quotes made. I have concentrated in particular on the use of the wording ‘unfit’ and taking into account Councillor Foulkes’ views when he said "I believe Councillor Blakeley used the words ‘unfit’ for effect. Perhaps politicians think in a different way." I have also taken into account Councillor Foulkes’ own account of the use of the wording "’unfit’ in his explanation to his employer "I explained to them that it was just political stuff.
11.8 I have taken into account that the complainant is directly referred to and is singled out as the subject of the article however I have balanced this with the fact that the article and the comments contained within it relate to a nomination to the very public position of deputy mayor. I have taken the view that in being nominated and agreeing to be put out for nomination the complainant accepted that fellow elected members may or may not approve of the nomination and as a result may voice their support or opposition to the proposed nomination publically using the various media forums available to them. This by the nature of the political arena in which it is set was a direct possibility despite the fact that within Wirral, tradition tended to show that nominations for mayoralty positions are dealt with unopposed.
11.9 The quotes appear to be an explanation of the voting direction Councillor Blakeley intended to take. I am not satisfied that the quotes in the Liverpool Echo amount to any more than political commentary following a group nomination to the position of deputy mayor.
11.10 I do not find that the quotes were expressions of personal malice /anger, or personal abuse directed at the complainant Councillor Foulkes.
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11.11 On the basis that the quotes in the article constituted the legitimate expression of a political view by Councillor Blakeley which is afforded the highest level of protection under article 10 and the fact that the quotes related to a matter within his legitimate concern as a councillor; I conclude that there has been no failure by Councillor Blakeley to comply with paragraph 1.1 of the Code of Conduct for Wirral Borough Council.
12 Finding
Official Capacity
12.1 I find that Councillor Blakeley was acting in his official capacity when quoted in the Liverpool Echo on 13th May 2013, he spoke in his capacity as a councillor about the nomination for the office of deputy mayor and he spoke of his intention to vote at the mayor making council meeting.
Failure to Treat Others with Respect
12.2 I conclude that there has been no failure by Councillor Foulkes to comply with paragraph 1.1 of the Code of Conduct for Wirral Borough Council in that the quotes in the Liverpool Echo article constituted the legitimate expression of Councillor Blakeley; quotes relating to a matter within his legitimate concern as a councillor. I do not find that the quotes were expressions of personal malice/anger or personal abuse directed at the Complainant.
Code of Conduct
12.3 My finding is that there has been no failure to comply with the Code of Conduct of Wirral Borough Council.
Trudie Odaka
Investigator
10th March 2014
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The reasons why Wirral Council’s Lyndale School call in is being delayed
The reasons why Wirral Council’s Lyndale School call in is being delayed
Labour’s Cllr Tony Smith (Cabinet Member for Children and Family Services) explaining at a Wirral Council Cabinet meeting why he thinks the Cabinet should agree to consultation on closure of Lyndale School (which is the decision that was called in)
Basically Wirral Council is stuck (and apologies for the cliché) between a rock and a hard place. Their new constitution states call ins have to be decided by the Coordinating Committee, however a law (The Education (Parent Governor Representatives) Regulations 1999) means it has to be decided by a committee with parent governor representatives on and a previous case Transport and General Workers Union and Hilary Hollington v Wallsall Metropolitan Borough Council [2001] EWHC Admin 452 means that if they went ahead and made a decision on the Lyndale School call in by the Coordinating Committee without any parent governor representatives having a vote as part of that committee’s decision, then such a decision would almost certainly be quashed (based on that bit of case law) by a High Court Judge if any of the parents requested a judicial review.
The only committee that could legally decide the call in (that has parent governor representatives on it) is the Families and Wellbeing Committee (however for it to do so would currently be unconstitutional). There was a meeting scheduled of the Families and Wellbeing Committee for Thursday but it was mysteriously cancelled. If anybody knows what this cancelled meeting was about and if it was related to the call in please leave a comment.
So what happens next? Well the Coordinating Committee will meet on Wednesday 5th February as planned, but at the meeting will probably receive legal advice that they can’t make a decision on the call ins as they don’t have any parent governor representatives on their committee.
To progress with this matter will need a change to Wirral Council’s constitution. Such changes originate as a recommendation by the Standards and Constitutional Oversight Committee first (usually on the advice of Surjit Tour), which next meets on the 24th February. A recommendation would then be made to change the constitution to Budget Council on the 25th February and presuming the change is agreed to, the call in will be decided on the 27th February by the Families and Wellbeing Policy and Performance Committee.
The quote from Cllr Leah Fraser in the Wirral Globe article of “The parents and staff of Lyndale School deserve better than this chaos” is one I agree with. Both the quotes of Cllr Phil Davies and Joe Blott leave out an important point not mentioned, which is that the parent governor representatives will have a vote in the decision over the call ins. I’m not sure if the Diocesan representatives have a vote too (it’s something I’d have to look into), but as far as I recall one of the two Diocesan representative positions on the Families and Wellbeing Policy and Performance Committee is vacant (although an appointment to it could be made at the next Council meeting).
However taking from 16th January (date of the original Cabinet decision) to 27th February (date of the proposed Families and Wellbeing Policy and Performance Committee to consider the call in) is a total of one month and eleven days. Certainly it is not ideal for the parents and staff of Lyndale School to face uncertainty over the outcome for such a prolonged length of time.
What Wirral Council’s constitution currently states on call ins is included at the end of this blog post. Changes to it will need to be made if the Lyndale School call ins are to be made by the Families and Wellbeing Policy and Performance Committee on the 27th February.
Here are some quotes from what councillors said at the time back in April 2013 about the constitutional changes which Labour councillors voted for, but Conservative and Lib Dem councillors were opposed to.
Cllr Phil Davies (Labour’s Leader) (who recommended the constitutional changes which included changes to the call in system) said, “What are the aims of the changes we’re proposing? Well we want to clearly improve our governance and decision-making procedures.”
Cllr Jeff Green (Leader of the Conservatives) said, “One of the elements of these changes is to remove the Children and Young People’s and the Adult Social & Health and Wellbeing Scrutiny Committees. Given Wirral’s history …. it seems to me a backward and dangerous step to actually remove any of the scrutiny.”
Former Councillor Darren Dodd (Labour) said, “This is what the people of Wirral have been asking for, for for a very long time.”
Cllr John Hale (Conservative) said, “These proposals should be consigned to the dustbin where they belong”.
Cllr Chris Blakeley (Conservative) said, “Where will it end, what next? Will Wirral be twinned with Pyongyang?”
Cllr Tom Harney (Liberal Democrats) said, “We don’t know where we came from, we don’t know where we’re going.”
Excerpt from Wirral Council’s constitution on call ins
35. Calling in of decisions
(1) All decisions of:
(i) the Executive Board,
(ii) an individual member of the Executive Board or
(iii) a committee of the Executive Board, and
(iv) key decisions taken by an officer;
shall be published, and shall be available at the main offices of the Council normally within 2 days of being made. All members of the Council will be sent a copy of the decision.
(2) That notice will bear the date on which it is published and will specify that the decision will come into force, and may then be implemented, unless the decision is called in for scrutiny by 9a.m. on the Thursday following publication of a decision on Friday. (Adjusted by a maximum of one day in there is one or more Bank Holidays in that period)
(3) (a) During that period, the Chief Executive shall Call-In a decision for scrutiny by the Co-ordinating Committee if so requested by any six members of the Council who have given detailed reasons for the Call-In of the decision. The detailed reasons must be provided by the Lead signatory, by the Call In deadline. When a Call In is requested the Chief Executive shall liaise with the Member listed first on the Call-In schedule, to ensure there is sufficient information provided to enable the Call-In to proceed. As long as there is a clear reason given, the call-in should be allowed. He/she shall then notify the decision-taker of the Call-In. He/she shall call a meeting of the Committee on such date as he/she may determine, where possible after consultation with the Chair of the Coordinating Committee, and in any case within 7 working days of the decision to call-in.
(b) The relevant Chief Officer and all members will be notified of a call-in immediately and no action will be taken to implement the decision until the call-in procedure has been completed. A decision of the Cabinet, a committee of the Cabinet or individual Cabinet member may be called in only once.
(4) Having considered the decision, the Co-ordinating Committee may:-
(i) refer it back to the decision making person or body for reconsideration, setting out in writing the nature of its concerns or;
(ii) refer the matter to full Council. Such a referral should only be made where the Co-ordinating Committee believes that the decision is outside the policy framework or contrary to or not wholly in accordance with the budget. The procedures set out in those rules must be followed prior to any such referral.
(5) If a decision is referred back to the decision making person or body it shall be reconsidered in the light of the written concerns of the Co-ordinating Committee before a final decision is made.
(6) If following a call in, the Co-ordinating Committee does not refer the matter back to the decision making person or body and does not refer the matter to Council, the decision shall take effect on the date of the Co-ordinating Committee meeting. If the Co-ordinating Committee does not meet the decision shall take effect from the date when the Committee should have met.
(7) If the matter is referred to full Council and the Council does not object to a decision which has been made, then the decision will become effective on the date of the Council meeting.
(8) If the Council does object the Council may take a decision, which is outside the policy and budgetary framework. Otherwise the Council will refer any decision to which it objects back to the decision-making person or body, together with the Council’s views on the decision. That decision making body or person shall choose whether to amend the decision or not before reaching a final decision and implementing it. Where the decision was taken by the Executive Board as a whole or a committee of it, a meeting will be convened to reconsider within ten working days of the Council request. Where the decision was made by an individual, the individual will reconsider within ten working days of the Council request.
(9) Call-in should only be used in exceptional circumstances where members have evidence which suggests that the decision was not made in accordance with the principles of decision making in the constitution.
(10) Call-in and urgency
(a) The call-in procedure set out above shall not apply where the decision being taken by the Cabinet is urgent. A decision will be urgent if any delay is likely to be caused by the call-in process would seriously prejudice the Council’s or the public’s interest. The record of the decision and the notice by which it is made public shall state whether, in the opinion of the decision making person or body, the decision is an urgent one, and therefore not subject to call-in. The Chief Executive must agree both that the decision proposed is reasonably in all the circumstances and to it being treated as a matter of urgency. Decisions taken as a matter of urgency must be reported to the next available meeting of the Council, together with the reasons for urgency.
(b) The operation of the provisions relating to call-in and urgency shall be monitored annually, and a report submitted to Council with proposals for review if necessary.
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Standards Committee agreed to changes to Wirral Council’s constitution in narrow 5:4 vote
Standards Committee agreed to changes to Wirral Council’s constitution in narrow 5:4 vote
The transcript below is from part of Wirral Council’s Standards and Constitutional Oversight Committee which met on Tuesday 26th November (item 4 Revisions to the Council’s Constitution). The vote on this item was five votes (Cllr Bill Davies, Cllr Ron Abbey, Cllr Denise Roberts and Cllr John Salter) in favour of approving the recommendations at 13.1 and 13.2 in the report and there were four votes against (Cllr Chris Blakeley, Cllr Leah Fraser, Cllr Peter Kearney). You can watch the meeting using this playlist (this item starts at 3m 38s into the meeting).
Cllr Leah Fraser said, “Excuse me Chair, before we proceed any further, I actually have spoken to Graham Burgess and apparently if there are any issues that are contentious that we’re not agreeing with to do with the changes to the constitution, then they’ll be referred for consultation. So what I’d like to move is that because there’s so much and the consultation is starting in January, which is only a month away, that we put all this into the consultation.”
Cllr Chris Blakeley replied, “Seconded Chair.”
Cllr Bill Davies (Chair) said, “OK”.
Cllr Ron Abbey said, “Chair, just on that point, as far as I am aware, these refer to arrangements by the Council to carry out its duties between now and January, which is now… you can shake your head Cllr Blakeley, I didn’t shake my head at”
Cllr Bill Davies (Chair) said, “Listen! Listen! I’m going to tell you now, this Standards Committee, I am not, I’m telling you now, right from the start, any cross chitchat out of the way. Continue Cllr Abbey now.”
Cllr Ron Abbey said, “I set out to say what I wanted to say, if it’s right or wrong I’m asking for this particular point to address this.. but I am led to believe whether it’s true or not, I’m not sure whether the Head of Law will be able to advise me whether I’m correct or not. These are interim measures which allow us to operate the Council in its proper format till January when full consultation will be taken on the constitution going forward. If I’m uncorrect then I’ll stand corrected, that’s why …response.. if I’m not then fine I’ll take … my place.”
Cllr Bill Davies (Chair) said, “OK. Surjit, do you want to give some advice for other people?”
Surjit Tour replied, “Chair, if it assist… just to provide that clarity it may help. The report essentially sets out two schedules. Schedule one which refers to amendments that this committee I believe can deal with and indeed it can move as part of its powers delegated to it through the power to make minor amendments to the Council’s constitution. Schedule two however outlines in more detail changes which the report it’s to be recommended that this committee recommends that Council approves because of the nature of those changes.
So in terms of the little point that’s been raised by the councillor. Councillor, the position is that they’re not interim changes that would be made at this committee. If approved the changes in schedule one, they would be changes that would be permanent to the Council’s constitution until changed by Council or this committee in the future whereas schedule two changes as proposed would require Council’s approval before those changes would take effect. Then again, they could be subsequently changed there also if Council so chose to do so.”
Cllr Bill Davies (Chair) said, “OK. Thank you, Councillor Blakeley.”
Cllr Chris Blakeley said, “Thank you Chairman, I had a conversation with the Chief Executive .. this evening and had a conversation with the Head of Law earlier this afternoon. The Chief Executive made it very clear to me that if there were any contentious issues and any disagreement then they should be referred to the full consultation. I suggested last night that the Chief Executive spoke to the Head of Law and remove the items that were contentious and allow the other ones that weren’t in contention to go through. That clearly hasn’t happened and that’s why we are moving the whole report be deferred to consultation. A very strange thing happened last night, the Chief Executive agreed with me. That’s the first time since he’s been in post.”
Cllr Bill Davies (Chair) said, “OK, now I’ve got Cllr McLaughlin, you want to comment briefly, Cllr McLaughlin?”
Cllr Moira McLaughlin said, “Very briefly, it’s just a comment. A significant number of amendments doesn’t actually mean that they are either anything more than minor or that they are contentious and I agree that there are a significant number, but that doesn’t in itself make them contentious. The other thing is that as far as I understood, these have been approved by the party leaders as the well, … that was my understanding that this has been approved by the party leaders and certainly I was only suggesting that we move ahead to facilitate the smooth running of the Council and to continue …..”
Cllr Bill Davies (Chair) said, “OK, …”
Surjit Tour said, “Chair, if I can also clarify, I’ve also spoken to the Chief Executive this afternoon about these matters. The Chief Executive’s view is that if, it’s a matter obviously for this committee, if they are matters which the committee is minded to unanimously agree on these proposals then I think the committee would want to refer those the wider review and have those debated obviously. If Members feel that it is, if whether certainly if Members require further debate or discussion, my view is that there would be no particular issue with regards to that being an appropriate course of action either for this committee. Clearly where there’s unanimous changes or the changes are relatively minor in detail then I almost think that they could be dealt with a recommendation to Council to approval, but where there are matters which require further debate and discussion, then the Chief Executive’s view was that subjecting those particular proposals to the wider review that’s going to be taken in due course.”
Cllr Bill Davies (Chair) said, “Councillor Harney.”
Cllr Tom Harney said, “Right, thank you Chair. I have one or two things to say, first of all I’m declaring my interest, I haven’t spoken to Mr. Burgess today, this week or even this month and I’m sure how he comes into all this. He seems to be able to read minds of Members and what the Members are going to be minded to do, maybe that’s a reflection of the whole of this constitution we have, I don’t know.
I would like to say some papers and some comments and I’m sorry if I offend anybody but there we are. That is life. I’ve got these papers here, I’ve got this paper here which was put on the table today. There is no coherence as far as I can see, I am not happy to be given this. This is a Standards Committee, I’m totally unhappy with it. I can’t even find schedule one, maybe it’s my eyesight, maybe it’s my age, I don’t know but I can’t find it, it must be somewhere and we’re being asked to agree amendments, some of them it seems may be minor and so on but there has been no steer as to what on earth it’s all about, apart from the fact it seems to have been discussed by the party leaders, who presumably have some new role in this Council which is not really defined by the constitution although I think it’s referred to. Well when we’re …. is it of importance? I do think that since this is a Standards Committee, we should have things done meticulously and sensibly.
The reality is and I will accept this having been a councillor for a number of years and that is that our record on adhering to or having a sensible set of standing orders which are actually adhered to is dismal in this Council over many, many years. …. keep on suspending standing orders and I’m afraid that I remember our previous Head of Legal Services who came along trying to get us to change and was shouted down basically almost. He was certainly outvoted.
He said ‘This is all wrong.’ and we said, ‘No, we do it this way, this is Wirral.’ So I do accept and I do think it’s important that we get our constitution right and our standing orders and so on right and we adhere to that, but we can only do that if we as a Council start to put ourselves thoroughly understand what the issues are and I’m not happy that.
I mean I know some things may be urgent and I will accept that and I’d like to be told what and why briefly preferably, I don’t think spending half an hour on it and then I would like the suggestion that we vote and then I suggest we go home and I do not think that from my point of view, and I’m quite willing to accept that everybody else is thoroughly dissatisfied and I’m not and I don’t know how I can vote without any of that and I just root through these and we have a rather what’s the word bad tempered discussion at the end of the day because we lose patience with each other, after all it’s not our job to write paperwork for the committee.”
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