Why am I angry at Wirral Council for allegedly breaking more laws to cover up a 3 year investigation and subsequent decision by three councillors as to why Councillor Steve Foulkes broke the Code of Conduct and should apologise for leaking information about Councillor Jeff Green to the press?

Why am I angry at Wirral Council for allegedly breaking more laws to cover up a 3 year investigation and subsequent decision by three councillors as to why Councillor Steve Foulkes broke the Code of Conduct and should apologise for leaking information about Councillor Jeff Green to the press?

Why am I angry at Wirral Council for allegedly breaking more laws to cover up a 3 year investigation and subsequent decision by three councillors as to why Councillor Steve Foulkes broke the Code of Conduct and should apologise for leaking information about Councillor Jeff Green to the press?

                                        

Councillor Steve Foulkes (Labour) (right) speaking at a recent meeting of the Birkenhead Constituency Committee (28th July 2016) while Councillor Pat Cleary (Green) (left) listens
Councillor Steve Foulkes (Labour) (right) speaking at a recent meeting of the Birkenhead Constituency Committee (28th July 2016) while Councillor Pat Cleary (Green) (left) listens

17/8/16 Amended to correct name of Phil Goodman to Peter Goodman.

Firstly, I’m cross with Wirral Council.

What is it this time you may wonder?

Well I have a long list of grievances, but not being a Wirral Council employee no formal route (ok I could bring some of these up with my trade union) to take these to a grievance hearing, nor the time or inclination at this stage to get the judiciary involved.

I’m cross at being denied (along with my wife) to be present at what I perceive to be (in part) to be a public meeting of the Standards Panel on the 28th June 2016 in Committee Room 2 at Wallasey Town Hall, Brighton Street, Seacombe, CH44 8ED starting at 6.00pm.

I’m cross at being shouted at by junior public facing employees of Wirral Council who I will gladly name here from what I remember as Shirley Hudspeth (Legal and Member Services) and Peter Goodman (whatever the facilities management side of Wirral Council is called as frankly I’ve lost track of restructures? Is it infrastructure, asset management something like that?) with their view that it was a private meeting, but I’m not cross at them in a major way because I’m more cross at what I presume are their senior manager/s or senior manager/s from another department at Wirral Council who told both of them to say this to me (even though it isn’t true) as it seems a senior manager/s at Wirral Council would stoop that low as to instruct junior employees to do what they (senior manager/s) should have the guts to do face to face themselves.

I’m cross at Wirral Council for its website not working as I write this at democracy.wirral.gov.uk so I can’t include links or refer to the details. But yeah, whoever’s job it is to fix it may be on holiday.

I’m cross at a senior manager (Joe Blott) and his external legal adviser (whose name I can’t recall without checking Wirral Council’s website that isn’t working). Yes the external legal advisor is the guy in this photo as I wasn’t allowed to be at or film him at the public bit of the Standards Panel meeting (and just as an aside this law allows me to film such public meetings even if I’m not physically in the room, which I suppose next time if I’m not allowed actually in the room for a public meeting I’ll have to do the filming either through the meeting room door or from the car park outside!)

However in Joe Blott’s defence I don’t think he understood why the legal advice he got was flawed and had the external legal advisor pointed out why it was flawed he’d have had to have criticised his client (Wirral Council) which is a big no-no if he ever wants further work from Wirral Council in the future.

I’m not cross with Surjit Tour who seems to have a conflict of interest. But if he does have one, Joe Blott is supposed to deal with it!!!

I am cross with the fact that 5 clear working days notice of the date, time, agenda and reports (if not recommended to be heard in closed session) for the Standards Panel meeting on the 28th June 2016 was not given by the 20th June 2016, but instead yesterday the 3rd of August 2016.

I’m cross that a complaint about a councillor (Cllr Steve Foulkes) as to what happened in July 2013 has taken Wirral Council around three years to resolve.

I’m cross that Patricia Thynne in her report refers to myself as having filmed a YouTube video referred to when I didn’t film it and it was indeed someone else! I’m also cross with myself that relying on Patricia Thynne’s report I then left a comment on the Wirral Leaks blog only to be embarrassed into being told it is a mistake in her report.

I’ve recently learned that Cllr Gilchrist was the Chair of the Standards Panel, I’m cross that I wasn’t allowed to go to the public bit of the Standards Panel meeting where this was decided on the 28th June 2016 to find this out and had to wait around a month to know whether it was Cllr Chris Blakeley or Cllr Phil Gilchrist.

I’m cross that in messing up what’s detailed above Wirral Council is relying on a legal power that was repealed years ago.

I’m cross that for reasons of internal capacity here I didn’t take things further over what happened to us at the meeting on the 28th June 2016 whether by letter or subsequent legal action against Wirral Council.

However, moving to the complaint itself, yes I was there in the public gallery in July 2013 in the adjournment while it happened. Yes Cllr Steve Foulkes came in and spoke with Liam Murphy (referred to as Person C). Yes, I was too far away (at the other end of the public gallery to hear what they were saying). Yes I remember Mr Nigel Hobro coming in to the public gallery at this point and wanting to speak with Liam Murphy but getting the brush off.

Yes, my opinion (not that it matters really) is that I think it is fair that Cllr Foulkes should apologise.

However, isn’t it ironic that as Cllr Foulkes previously made a complaint about Cllr Chris Blakeley talking to the Liverpool Echo about whether Cllr Foulkes should be made Mayor (a complaint that Cllr Chris Blakeley was cleared of as you can read about here) that Cllr Chris Blakeley should then be on the Standards Panel to decide about a complaint about Cllr Foulkes leaking information to a Liverpool Echo journalist? Or is that just karma?

Yes Person C in the report is Liam Murphy. Yes I feel sorry for him, yes it is a breach of journalistic ethics to reveal the source of information, but by the sounds of it he (Liam Murphy) was being used by Cllr Foulkes anyway for political gain.

As to the payoff to Emma Degg, her initial silence (prompted in part it seems by the payment of public money), followed by what I presume was a guilty conscience, well at least she finally did the right thing!

As to the allegation that witnesses “colluded” to bring down Cllr Foulkes, well Patricia Thynne feels this is not credible. I will comment however that unless you are in disguise, nobody knows what you look like or in an echo chamber, it’s frankly foolish in the extreme to bring up anything confidential (whether in conversation or by passing it to them) with a journalist when you have people watching you do it, in a public place, in a public building, in the adjournment to a high-profile public meeting.

However Cllr Foulkes’ explanation is he was under a lot of pressure.

Tip for people reading this, if you want in the future to leak something to me, there’s the post (probably the most secure method), email or telephone (if you want the intelligence agencies to read/listen to it in transit) or other ways of sending it to me online.

Yes you can talk to me or hand me things in person, but there are always people watching!

I did ask Cllr Steve Foulkes in person at the end of the Birkenhead Constituency Committee meeting on the evening of Thursday 28th July 2016 to comment on the complaint. He refused to comment directly on the matter (I presume following Mr. Tour’s advice to councillors to keep their mouth shut) and referred me to Wirral Council instead.

So yes, I’m still cross and Wirral Council is finally well dealing with what should’ve been done properly the first time!!!

By first time, I don’t just mean the original complaint (that this morphed into), but what happened at the Standards Panel meeting too.

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EXCLUSIVE: Leaked minutes of Merseyside Pension Fund’s Investment Monitoring Working Party held on the 17th September 2015

EXCLUSIVE: Leaked minutes of Merseyside Pension Fund’s Investment Monitoring Working Party held on the 17th September 2015

                                                                    

I will start off by declaring an interest as I have a close relative paid a pension by the Merseyside Pension Fund (which Wirral Council administers). My second declaration of interest is that in the section 6. Notes Action Points or Discussion Points, the reason for the extraordinary meeting of the Pensions Committee held on the 28th September 2015 was to resolve my objection to the 2014/15 accounts.

These are leaked minutes as only the first page comprising a list of those present, apologies and declarations of interest was published by Wirral Council as an appendix to this report considered by the Pensions Committee at its meeting on the 16th October 2015.

The other ten pages of the minutes of the Investment Monitoring Working Party meeting the Pension Committee decided it was not in the public interest to publish.

Below are the minutes of Wirral Council’s Investment Monitoring Working Party meeting held on the 17th September 2015.


Minutes of Investment Monitoring Working Party,

17th September 2015

In attendance:











(Chair) Councillor Paul Doughty (WBC)Peter Wallach (Head of MPF)
Councillor Geoffrey Watt (WBC)Joe Blott (Strategic Director Transformation and Resources)
Councillor Cherry Povall (WBC)Leyland Otter (Senior Investment Manager)
Councillor Pat Cleary (WBC)Greg Campbell (Investment Manager)
Councillor Adrian Jones (WBC)Susannah Friar (Property Manager)
Councillor Brian Kenny (WBC)Adil Manzoor (Tax Accountant)
John Raisin (Chair of Pension Board)Noel Mills
Donna Ridland (Pension Board)Rohann Worrall (Independent Advisor)
Louise-Paul Hill (Aon Hewitt)
Emma Jones (PA to Head of Pension Fund)

Apologies were received from:

Councillor Ann McLachlan (WBC)Councillor Paulette Lappin

Declarations of Interest

Councillor Paul Doughty declared an interest due to a relation being a beneficiary of Merseyside Pension Fund.

Councillor Geoffrey Watt declared an interest due to a relation being a beneficiary of Merseyside Pension Fund.

Introduction

1. Minutes of the meetings held on 16 April 2015.

Cllr Paul Doughty (PD) opened the meeting. There were no amendments to the minutes.

Action points

None.

2. External Manager Presentations part 1

2.1 Nomura

The Nomura Portfolio Review was presented by Masaaki Tezuka (MT) the Chief Portfolio Manager (Japan) and Andrew Whitaker (AW) Head of Relations (UK). AW introduced the themes of the presentation and MT gave the performance overview and answered questions from the panel.

A discussion ensued with regard to the investment performance and the market review of the year to June 2015. The profits among Japanese manufacturers were debated and it was expressed that it is concealing the weakness in exports. MT stated that exports have been reduced but this is expected to pick up. The competitiveness against the Asian markets was quite strong due to the exchange rate of the yen. It was further discussed that the Japanese market is lagging behind the US and European market.

Action points

None.

3. External Manager Presentations part 2

3.1 JP Morgan – European Equities

Patrick Vermulean (PV), Paul Shutes (PS) and Monique Stephens presented their European equities review and reported on performance and current portfolio positioning. PV explained that Paul Shutes is replacing Nick Wilcox and will assume the responsibility for the client management of the mandate.

A discussion ensued with regard to Ryanair and their outlook for the future. It was explained that Ryanair have changed their focus toward the customer and are addressing their business and website to improve the overall service to create a better business model akin to Easyjet.

PV discussed how they endeavour to ‘take the noise out of the market’ by monitoring earnings consensus and broker analysis; looking at normal distribution to find stocks between two extremes. PV asserted that they have good contacts with management and use a consensus to take companies out of the equation. However, when companies are all moving in the same direction the signal can be weak.

Action points

None.

4. Quarterly Review

4.1 Management Executive

PJW presented the Quarterly Review which covered themes such as the collapsing values of Chinese equities, sovereign bond markets and global monetary policy. PJW asserted that Greece was the dominant theme overall.

PJW reported on a number of issues including global government bond markets and the performance of risk assets. The value of the fund and the funding position was looked at and the performance of the Fund over the quarter and over 1 and 3 years. The asset allocation and MTAA including the MTAA panel meeting on 16 June 2015 were also reported on.

A discussion ensued with regard to the formulation of the benchmark and the strategy of the asset allocation. It was stated that the benchmark is reviewed on an annual basis and the Independent Advisors also offer guidance on this process.

Action points

None.

4.2 Market Commentary

Noel Mills (NM) gave a market commentary and reported on the market background which has been affected by the decline of the global equity market post the second quarter. This is largely a result of the Chinese equity bubble bursting and the renewed possibility of a Greek default which could see a postponement of the US economy moving to higher interest rates. The volatility of the markets continues and US monetary policy is set to tighten.

Action points

None.

4.3 Aon Hewitt Update

Louis-Paul Hill (LH) presented the Strategic Monitoring Report of Aon Hewitt to members. Within his report he gave a funding level update which looked at how the estimated funding level has progressed since the 2010 valuation. The risk analysis, asset allocation, investment outlook and ideas and current research were also reported on.

An extract from that report follows below:

Funding Level Update

Introduction

The following section sets out an estimate of how the funding level has
progressed over the period from 31 March 2010 to 30 June 2015. lt also provides an attribution analysis of the changes in the funding level.

Mercer, the Fund’s actuary, has provided information regarding the Fund’s liabilities. The estimated funding level has been updated to account for the finalised valuation results from 31 March 2013.

Funding Level Progression (4.2 Market Commentary)
Funding Level Progression (4.2 Market Commentary)

Notes:

Please note the funding level update and attribution analysis below do not constitute actuarial advice. They are instead our best estimate of how the funding level has evolved and the driving factors behind this. Further, we are not positioned to, nor do we, offer any comments on the appropriateness of the assumptions provided by the actuary.
 
The funding level fell between the actuarial valuation at 31 March 2010 and the actuarial valuation at 31 March 2013. Since the valuation at 31 March 2013, the funding level improved over the following 12 months to 85%, however the funding level deteriorated during the second half of 2014.

Using "like for like" assumptions (based on the assumptions from 31 March 2013) the funding level at 30 June 2015 remains broadly unchanged over the quarter at 77%.


Asset and Liability progression

The chart below separates the estimated movement in the funding level from the 2010 and 2013 valuation dates into: the estimated liability value movements and the asset value movements.

The liabilities increased in value significantly between 31 March 2011 and 31 December 2012, mainly due to falling gilt yields. For a year following the 31 March 2013 valuation, the present value of calculated liabilities reduced, when the prospect of tapering (a reduction of quantitative easing) caused gilt yields to rise. However, in the second half of 2014 this reversed, as gilt yields moved dramatically lower due to the falling oil price and uncertainty in Europe, resulting in the present value of liabilities rising above 31 March 2013 valuation levels.

While asset performance has been strong, the movement in the value of the liabilities has resulted in a volatile funding level.

The Fund’s assets reduced by c. 2.1% over the quarter, with all asset classes generating a negative return, with the exception of Property.

Gilt yields moved higher over the quarter, reducing the discounted present value of liabilities, as the sharp move up in German bond yields and mixed US economic data impacted the gilt market.

The changes in gilt yields since the last valuation and over the quarter are shown on the charts overleaf.

Progression of assets and liabilities
Progression of assets and liabilities
UK Fixed Income Yield Curve
UK Fixed Income Yield Curve
UK Index Linked Yield Curve
UK Index Linked Yield Curve

Reasons behind the change in funding level



The chart overleaf decomposes the change in the funding level over the quarter across the various contributing factors. The contributing factors are:

Outperformance over benchmark — Approximate impact of any outperformance (underperformance) relative to the assets’ benchmark return.

Benchmark asset return – Approximate impact of the strategic benchmark return over period.

Interest on liabilities – Given that liabilities are due to be paid at fixed points in the future, as we move closer to the time of payment, these liabilities are discounted for one quarter less thus increasing their value (all other market conditions equal). The Fund must achieve this return to keep the funding level unchanged (everything else being equal).

Change in market conditions – Change in discount rate in this period due to changes in gilt yields and inflation expectations.

Scheme experience/other — What has happened in reality to the Fund compared to what was assumed in the valuation over the period. For example, expected inflation versus realised inflation.

Benefit outgo – Assumed benefits (pensions) paid during period.

Contributions paid – Total contributions paid (either taken from the Schedule of Contributions or using actual contributions paid) during period.

Future service cost — Cost to Fund of providing benefits accrued over period.


Funding level attribution (quarter)

Funding Level Analysis - Q2 2015
Funding Level Analysis – Q2 2015
The main points to note are:

The overall effect of the strategic benchmark asset return was a negative impact on the funding level of 1.8%.

Outperformance by managers versus their benchmarks increased the funding level by 0.2%.

Interest accrued by rolling the liabilities forward over the quarter has reduced the funding level by 0.3%.

The majority of the liabilities are real (or index linked) in nature and therefore changes in the real yield will have a large effect. The result of a continued fall in yields over the quarter is shown by a 2.3% increase in the funding level. This is called the "change in market conditions".

Contributions paid resulted in an improvement of 0.3% in the funding level. Benefit payments and future service costs reduced the funding level over the period by a further 0.1% and 0.5% respectively.

Funding level attribution (since 2013 valuation)

Funding Level Analysis - since 31 March 2013 valuation
Funding Level Analysis – since 31 March 2013 valuation
The main points to note are:

The Fund’s assets and investment managers have performed strongly since the valuation.

Interest accrued by rolling the liabilities forward has reduced the funding level although the major negative impact on funding level has come from changes in the market conditions (falling gilt yields).

Contributions paid resulted in a large improvement including the lump sum paid in Q2 2014 with benefit payments and future service costs reducing the funding level.


Action points

None.

4.4 Valuation and Performance Summary including Monitoring Report

LO reported on the monitoring reported quarter 2 and noted there were some minor differences in figures produced due to reconciliation issues.

The valuation of the fund as at 30 June 2015 stood at £6.6bn and ahead of its benchmark by 0.19% returning -2.07% against the benchmark of -2.26%. The performance of the mandates was looked at to 30 June 2015. The performance of the majority of external managers has been good but M&G Recovery and M&G EM Equity continue to lag and are being monitored by the Fund.

Amundi and Legal & General Active Fixed Income continue to be on Watch status.

Action points

None.

5. Internal Presentations

The Responsible Investment report was tabled.

Action points

None.

6. Notes Action Points or Discussion Points

It was agreed that Councillor Paul Doughty, Councillor Treena Johnson, Councillor Pat Cleary and Councillor John Fulham would make up the Task & Finish Group to review the status of ethical investments and to coordinate a public message. EJ to arrange a suitable date.

An extraordinary meeting of Pensions Committee has been arranged for the 28 September 2015 to gain approval of the Annual Report.

Action points

None.

6.1 Noting items

Task & Finish Group to meet.

Extraordinary meeting of Pensions Committee 28 September 2015.

6.2 Action points

EJ to arrange suitable date of Task & Finish Group.

6.3 Summary of Recommendations

None.

6.4 Discussion Points (including any other business)

None.

5.1 Action Points

None.

Date of Next Meeting

Thursday 8 October 2015 at 10.00 am, 6th floor, Cunard Building.

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Why did Wirral Council spend £534.90 on catering for a meeting with Dong Energy?

Why did Wirral Council spend £534.90 on catering for a meeting with Dong Energy?

                                                                            

It’s no secret that Wirral Council have been trying to persuade businesses to create jobs on the Wirral. Last year Cammell Laird applied for planning permission (planning application APP/14/00352) for "an on shore office, warehouse building and pontoon that will serve as a marine operations and maintenance facility for off shore projects" on a car park in Alabama Way. This was so Cammell Laird could expand to the "green energy" sector such as maintenance for wind turbines such as the Dong Energy wind farm at Burbo Bank.

Below is an invoice from Carrington Catering Ltd paid by Wirral Council for catering at a meeting on the 8th May 2014 with Dong Energy. You can click on the thumbnail for a higher resolution version.

Wirral Council invoice Carringtons Catering Ltd Dong Energy Meeting 8th May 2014 catering £534.90 thumbnail
Wirral Council invoice Carringtons Catering Ltd Dong Energy Meeting 8th May 2014 catering £534.90 thumbnail

On the 23rd July 2014 it went to be decided by Wirral Council’s Planning Committee (you can watch video footage of the meeting below). The Planning Committee refused the application based on the effect it would have on the flats nearby. That refusal was appealed to the Planning Inspectorate.

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Wirral Council’s Planning Committee refuse Cammell Laird’s planning application (APP/14/00352) 23rd July 2014

Cammell Laird (before the planning appeal had been decided) submitted a revised planning application in December 2014 (APP/14/01585). This also went to Planning Committee for a decision and after nearly an hour of discussion it was refused on the 19th February 2015 (see video of the decision below).

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Wirral Council’s Planning Committee refuse Cammell Laird’s planning application (APP/14/01585) 19th February 2014.

Eventually a planning inspector on the 13th October (after informal hearings on the 25th February and the 19th May and site visits on the 18th May and 4th June 2015) issued a 29 page appeal decision overturning the earlier decisions of the Planning Committee.

I’ll point out at this stage that the planning application is in Birkenhead and Tranmere ward (currently represented by Cllr Phil Davies (Labour), Cllr Jean Stapleton (Labour) and Cllr Pat Cleary (Green)).

As detailed in the planning appeal decision, although the plans would have created an estimated sixty to sixty-five jobs, nearby LDRA Ltd had threatened to relocate to Newbury taking fifty local jobs away if the plans for expansion at Cammell Lairds were approved.

So the news reported in the Wirral Globe yesterday that an alternative site has been found at Kings Wharf in Seacombe, as the "new home of [Dong Energy’s] offshore-wind manufacturing and maintenance facility" means a compromise must have happened. The Alabama Way site is referred to in a quote in that article from Cllr Phil Davies as, "Alternative sites had been considered in Birkenhead, but were rejected by my council team responding to community concerns."

However the number of jobs created seems to have gone from sixty to sixty-five jobs (the number referred to in the planning appeal) down to forty jobs. This seems to be another example of where Wirral Council is spending Regional Growth Fund money (you can also read a story published on this blog last week on how £4 million of Regional Growth Fund money is being spent on a new Unilever building in Port Sunlight).

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