Will councillors agree to Clare Fish retiring early at a cost of £105,000 tonight?

Will councillors agree to Clare Fish retiring early at a cost of £105,000 tonight?

Will councillors agree to Clare Fish retiring early at a cost of £105,000 tonight?

Clare Fish 3rd November 2014 Families Wellbeing Policy and Performance Committee Wirral Council
Clare Fish 3rd November 2014 Families Wellbeing Policy and Performance Committee Wirral Council

ED – edited at 15:39 on 10.7.17 to add sentence about amendments moved by opposition councillors.

Tonight Wirral Council’s councillors meet for two public meetings. Both are in the Council Chamber at Wallasey Town Hall, Brighton Street, Seacombe, CH44 8ED.

The first regular public meeting of all 66 councillors starts at 6.00 pm and I’ll hopefully be asking questions during agenda item 5 of the Vice-Chair of the Standards and Constitutional Oversight Committee Cllr Paul Stuart (as the Chair Cllr Moira McLaughlin is unable to make the meeting tonight).

The second meeting is an extraordinary meeting called by 21 Conservative councillors. The requisition notice for that meeting and the motion on greenbelt policy can both be found on Wirral Council’s website.

Buried in the supplementary agenda for the first meeting on pages 15-16 are two previously exempt reports to the Employment and Appointments Committee meeting on the 27th June 2017 (see pages 15-16).

Both the Liberal Democrat councillors and the Conservative councillors have moved amendments to this to be voted on tonight.

The reports show that the recommendation to spend £105,000 on early retirement for Clare Fish (Executive Director for Strategy) and to create a new management post of Director of Strategy and Partnerships at a salary range of £103k-£115k (£146k including on costs).

As both the new post has a salary of over £100,000 and the early retirement cost for Clare Fish is over £100,000, both decisions can’t be delegated to the Employment and Appointments Committee, but instead the Employment and Appointments Committee makes a recommendation for a decision by a meeting of all Wirral Council’s councillors tonight.

The votes on the recommendation agreed in private at the Employment and Appointments Committee to do this was as follows.

For 4 (Cllr Phil Davies (proposer), Cllr Bernie Mooney (seconder), Cllr George Davies* and Cllr Chris Jones*)
Against 3 (Cllr Chris Blakeley, Cllr Lesley Rennie*, Cllr Phil Gilchrist*)
Abstain 1 (Cllr Adrian Jones*)

All votes with an asterisk are educated guesses, as the meeting chose to exclude the press and public from the decision (as you can watch below) and the names of the people voting are not recorded in the draft minutes (apart from the proposer and seconder who are assumed to vote for their recommendations!).

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Employment and Appointments Committee (Wirral Council) 27th June 2017 Part 1 of 2

The details on the change to make it a legal requirement that all councillors voted on generous severance packages over £100,000 was referred to in further detail in a blog post from 2015 about a proposed £110,000 severance package for Liverpool City Council’s outgoing Director of Public Health.

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Wirral’s Labour and Lib Dem councillors vote against Conservative motion that recommended restricting future development on Council owned land in the greenbelt

Wirral’s Labour and Lib Dem councillors vote against Conservative motion that recommended restricting future development on Council owned land in the greenbelt

Wirral’s Labour and Lib Dem councillors vote against Conservative motion that recommended restricting future development on Council owned land in the greenbelt

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Environment Overview and Scrutiny Committee (Wirral Council) 5th July 2017 starting at agenda item (Notice of Motion – Green Belt) 1:18

Environment Overview and Scrutiny Committee 5th July 2017 Left Colin Hughes solicitor Right Cllr Paul Stuart Chair
Environment Overview and Scrutiny Committee 5th July 2017 Left Colin Hughes solicitor Right Cllr Paul Stuart Chair

ED: Edited to add quote from Wirral Society at end. 8.7.17 16:58

Yesterday evening, Wirral Council’s Environment Overview and Scrutiny Committee discussed Cllr Chris Blakeley’s motion about Wirral Council owned land in the greenbelt.

The Environment Overview and Scrutiny Committee is made up of 9 Labour councillors, 5 Conservative councillors and 1 Lib Dem councillor. However 1 Labour councillor couldn’t make it which meant on the evening in question there were 8 Labour councillors, 5 Conservative councillors and 1 Lib Dem councillor.

Cllr Chris Blakeley wanted an “unconditional guarantee” that it wouldn’t be “developed under any circumstances”.

The Labour councillors disagreed with Cllr Chris Blakeley and Cllr Foulkes gave the example of Arrowe Park Hospital as a development that Cllr Foulkes approved of that was on Council-owned land in the greenbelt. The Conservative councillors agreed with Cllr Chris Blakeley.

However when it came to the vote, the Labour councillors (plus a Lib Dem councillor) voted down Cllr Chris Blakeley’s notice of motion, replacing it instead with a Labour proposed notice of motion.

The text of the replacement motion proposed by the Labour Chair Cllr Paul Stuart was as follows:

“We note the notice of motion.

The Council recognises the value of the greenbelt, which should only be developed in special circumstances.

We await the Emerging Core Strategy: Local Plan and the consultation around this with specific reference to the national guidelines.”

 

The Labour notice of motion was agreed by a 9 (for): 5 (against) vote. This recommendation has to be agreed by a future meeting of all Wirral Council’s councillors before it becomes policy.

The Wirral Society “applauds the commitment by Wirral Councillors to uphold the integrity of the Wirral Green Belt and especially of land within its ownership.

As the legislation makes provision for exceptions to be made for development in the Green Belt under Very Special Circumstances, we accept that it would be difficult to for the Council to say it would never allow any development on its Green Belt land. However, the Society was disappointed that the Motion passed made no mention of the need to pursue a policy of giving priority in all cases to developing ‘Brown-Field’ (ie previously developed) land as a priority.”

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Why did Wirral Council councillors vote for a just over 4.5% council tax rise?

Why did Wirral Council councillors vote for a just over 4.5% council tax rise?

Why did Wirral Council councillors vote for a just over 4.5% council tax rise?

                               

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Wirral Council (Budget) 6th March 2017 Part 1 of 5

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Wirral Council (Budget) 6th March 2017 Part 2 of 5

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Wirral Council (Budget) 6th March 2017 Part 3 of 5

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Wirral Council (Budget) 6th March 2017 Part 4 of 5

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Wirral Council (Budget) 6th March 2017 Part 4 of 5

Cllr Phil Gilchrist (right) (Leader of the Liberal Democrat Group of councillors on Wirral Council) speaking at the Budget meeting of Wirral Council (6th March 2017)
Cllr Phil Gilchrist (right) (Leader of the Liberal Democrat Group of councillors on Wirral Council) speaking at the Budget meeting of Wirral Council (6th March 2017)

It’s been misreported in the press that both Wirral Council and Liverpool City Council agreed a 4.99% council tax rise.

Continue reading “Why did Wirral Council councillors vote for a just over 4.5% council tax rise?”

Surjit Tour asks Wirral councillors to agree to changes to how complaints about councillors are dealt with

Surjit Tour asks Wirral councillors to agree to changes to how complaints about councillors are dealt with

                                       

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Surjit Tour (Monitoring Officer, left) speaking at the Standards and Constitutional Oversight Committee meeting of Wirral Council on the 2nd June 2016 Right Cllr Denise Roberts (Chair)
Surjit Tour (Monitoring Officer, left) speaking at the Standards and Constitutional Oversight Committee meeting of Wirral Council on the 2nd June 2016 Right Cllr Denise Roberts (Chair)

As I am referred to at this meeting because of an email I wrote to the Committee and others I will declare an interest at the outset. I will also declare an interest as a paid member of the press who are referred to in a report that was agenda item 4.

The public meeting of Wirral Council’s Standards and Constitutional Oversight Committee was a special meeting held in Committee Room 3 at Wallasey Town Hall without microphones.

The following councillors were present: Cllr Eddie Boult (Conservative) deputy for Cllr Gerry Ellis (Conservative), Cllr David Elderton (Conservative), Cllr Chris Blakeley (Conservative spokesperson), Cllr Denise Roberts (Labour Chair), Cllr Moira McLaughlin (Labour), Cllr Ron Abbey (Labour), Cllr Jean Stapleton (Labour) deputy for Cllr Brian Kenny (Labour), Cllr Paul Stuart (Labour) and Cllr Phil Gilchrist (Liberal Democrat spokesperson).

There were also two independent people on the Standards and Constitutional Oversight Committee present who were Brian Cummings and Professor Ronald Jones.

Wirral Council officers present were Surjit Tour and Shirley Hudspeth.

Present from the press & public were myself and Leonora Brace.

The new Chair (Cllr Denise Roberts) welcomed people to the first meeting of the Standards and Constitutional Oversight Committee of the municipal year.

Apologies were given for Cllr Gerry Ellis (Cllr Eddie Boult was deputy for him) and Cllr Brian Kenny (Cllr Jean Stapleton was deputy for him).

No interests were declared. The minutes of the previous meeting of the Standards and Constitutional Oversight Committee held on the 23rd November 2015 were approved and also approved were the minutes of the Standards and Constitutional Oversight Working Group held on 24 February 2016.

The Committee then considered its main item (item 4 Appointment of Panels), which had a report of Mr Surjit Tour (Monitoring Officer) on establishing the Standards Panel and Standards Appeal Panel, appendix 1 (the Code of Conduct for councillors at Wirral Council), appendix 2 – the protocol for investigating and making decisions on complaints made alleging breach/breaches of the Code of Conduct, appendix 3 – an extract from Wirral Council’s constitution about the Standards and Constitutional Oversight Committee and appendix 4 – a proposed procedure for meetings of the Standards Panel and Standards Appeal Panel.

Mr Tour started by addressing some of the points raised in my email which you can read in an earlier blog post here.

He said the following, “Yes, I’ll introduce that report for you Chair.

If it helps Chair, shall I address the email from Mr. Brace at the back who has provided an email to us all with regards to a couple of procedural points that he’s raised if you’re content with me to do that before I respond and deal with the report?

Essentially there are three points that Mr. Brace has raised.

One is in relation to the supplementary agenda, the report that you have before you not being circulated with the original initial agenda, but that was the reason for that, we were still in the process of trying to co-ordinate dates for the Standards Panel which we need to establish and there was a slight delay in terms of getting the finalised date.

I can confirm that there is a date that has now been confirmed and I’ll come onto that as part of the substantive item. So that was the reason for why the report was not published because I wanted to actually provide you with a date as part of ??? rather than leave you with a outstanding issue.

Unfortunately that caused a difficulty with regards to the date when I published the supplementary agenda despite our efforts to try and provide the full report to you in terms of the date that a particular Panel would meet.

With regards to concerns around errm the article 6 arguments or the section 6 arguments and Article 10 provisions that have been referred to, errm the Protocol and the paragraph within the Protocol paragraph 12.5, simply requires anyone who’s involved in the investigation is being advised not to share information with the press or media rather than go through our Press Office purely because any investigation it’s important that the integrity of the investigation is maintained and if information appears provided in the public domain, it could have the effect of prejudicing the investigation.

It is only an advisory point, individuals are entitled to ignore that advice if they so wish, but they do so in the knowledge that they could potentially jeopardise an investigation.

So if you’re a complainant you could find that the subject councillor is prejudiced because you could bring about a potential conclusion of the investigation prematurely and clearly if it’s a subject councillor again could find themselves bringing the Council into disrepute by not adhering to appropriate advice and undermining the ethical framework.

So paragraph 12.5 in the first instance specifically makes reference to anyone involved in the investigation, who will be advised, it doesn’t require and doesn’t say that they are prohibited from sharing information in the public domain and clearly they would be advised against that.

So I don’t believe that provision in any shape or form either contravenes either section 6 or indeed article 10.

With regards to the constitutional changes, with regards to paragraph 7 of the Access to Information Rules, we’re aware of that change. It was an oversight and you know in previous reviews the Standards Working Group of this Committee when it meets in July, if you’re minded to re-establish the Standards and Constitutional Oversight Working Group again. One of its tasks will be to again review the full ethical framework and see if there any constitutional changes that are required and so I’m grateful to Mr. Brace to raise that, we’ll be aware that that change needs to take place and the constitutional amendment and that will take place as part of the Standards Working Group Working Program if you’re minded to re-establish it, if not then I’ll bring a separate report requiring that change to be made in relation to Council be made for that amendment to be made to the Constitution accordingly.

Thank you Chair, with regards to the substantive matter before you, the purpose of this meeting is to establish or for the Committee to establish formally the Standards Panel and the Standards Appeal Panel which all form part of the arrangements for dealing with standards complaints under paragraph 9.5 of article 9 of the Council’s constitution.

You’ll find in the report I’ve attached a number of appendices, there is information on article 9 of the constitution, which effectively sets out the constitutional framework for both panels and that’s in the first agenda document that we’ve got. Can I refer you to page 11 of the original agenda and in particular if you turn to page 13 and 14 and ?? onwards you will have the terms of reference of both the Standards Panel and the Standards Appeals Panel setting out not only its composition, but also its scope, remit and indeed its authority in terms of any sanctions that may be imposed.

So the purpose of this Committee is really to establish formally those two panels, not least because there is a particular matter that needs to be considered by the Standards Panel and therefore this Committee by formally establishing those enables the particular Standards Panel to be progressed to the first meeting of the Standards Panel.

With regards to that particular Panel meeting, we have canvassed dates. It has been a matter that has been long-standing in terms of both its progression, but we have now managed to secure a convenient date for a number of parties who need to be attending including at least one of our independent members and the date that is now available for that Standards Panel to meet is Tuesday 28th June at 6.00pm. There is also the possibility of a further date of the following day the 29th of June which I would suggest that we keep that date as a hold over provisional date that if we’re not able to conclude matters on Tuesday evening, we are in a position to adjourn to the following day where all the parties who are required are also available for Wednesday the 29th.

I’m not anticipating the matter having to extend to a second day, but it would be prudent now that we have a date to hold both days indeed if that we need them.

So Chair, the report itself sets out the position, I would like to just remind all people to bring to the attention of everyone the procedure, suggested procedure in appendix 4 of the supplement which sets out the suggested procedure for how matters will be dealt with by either the Standards Panel or indeed the Standards Appeals Panel.

As essentially an indicative process or procedure that would be followed. There is the discretion here for the Chairperson of the Panel to vary the ??? procedure if it’s necessary in the interests of fairness to all parties I understand, but it’s anticipated that following the process there will be making it ??? who needs to have whose views need to be sought, have the opportunity to share those thoughts with the Panel before the Panel considers its position with regards to the standards matter and also goes so far as to deal with if they do uphold and find that there is a breach, also then to address the issue of any sanctions if any that it thinks are appropriate.

So your approval is also sought in respect of that decision.”

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Wirral Council recommends councillors agree to advice that those who contact the press about complaints about councillors are “compromising their position”!

Wirral Council recommends councillors agree to advice that those who contact the press about complaints about councillors are “compromising their position”!

                                        

Cllr Denise Roberts (Chair, Standards and Constitutional Oversight Committee)  (27th November 2014)
Cllr Denise Roberts (Chair, Standards and Constitutional Oversight Committee)

As some of the below relates to the press in general I am declaring an interest as that’s my paid occupation.

On Thursday evening starting at 5.00pm in Committee Room 3 in Wallasey Town Hall Wirral Council’s Standards and Constitutional Oversight Committee meets for a special public meeting.

The papers and agenda for the meeting have been published on Wirral Council’s website, including a 44 page supplementary agenda published late.

Often the motivation at the past at Wirral Council with regards to late papers not sent out with the agenda/reports for the meeting are that it is a way for officers to really make sure something is "rubber-stamped" (and if you really want it rubber-stamped just hand out about two dozen pages of information at the meeting itself on the basis that those on the Committee won’t have time to read it before reaching a decision).

I’ve written an email below which explains my position (in the interests of openness and transparency it is below). I look forward to the meeting itself to see what is decided.


Subject Standards and Constitutional Oversight Committee (Special Meeting) 2nd June 2016 item 4 (Appointments of Panels)
From John Brace <john [at] johnbrace.com>
To Cllr Denise Roberts (Chair, Standards and Constitutional Oversight Committee) deniseroberts@wirral.gov.uk
Copy Cllr Moira McLaughlin (Vice-Chair, Standards and Constitutional Oversight Committee) moiramclaughlin@wirral.gov.uk, Cllr Ron Abbey ronabbey@wirral.gov.uk, Cllr Brian Kenny briankenny@wirral.gov.uk, Cllr Chris Blakeley chrisblakeley@wirral.gov.uk, Cllr David Elderton, Cllr David Elderton davidelderton@wirral.gov.uk, Cllr Gerry Ellis gerryellis@wirral.gov.uk, Cllr Phil Gilchrist philgilchrist@wirral.gov.uk, Cllr Jean Stapleton jeanstapleton@wirral.gov.uk, Cllr Eddie Boult eddieboult@wirral.gov.uk, Surjit Tour surjittour@wirral.gov.uk, Shirley Hudspeth shirleyhudspeth@wirral.gov.uk, Press Office (Wirral Council) pressoffice@wirral.gov.uk
Reply-To John Brace <john [at] johnbrace.com>
Date Today (31st May 2016) 8:39 am

To: Cllr Denise Roberts (Chair)
Cllr Moira McLaughlin (Vice-Chair)
Cllr Ron Abbey
Cllr Brian Kenny
Cllr Paul Stuart c/o Shirley Hudspeth
Cllr Chris Blakeley
Cllr David Elderton
Cllr Gerry Ellis
Cllr Phil Gilchrist
Cllr Jean Stapleton
Cllr Eddie Boult
Professor Ronald Samuel Jones c/o Shirley Hudspeth
Brian Cummings c/o Shirley Hudspeth
Chris Jones c/o Shirley Hudspeth
Surjit Tour
Press Office (Wirral Council)

Dear all,

I do not have email contact details for the independent members on the Standards and Constitutional Oversight Committee and Cllr Paul Stuart and hope that Shirley Hudspeth can give them either a copy of this at the meeting itself, or may know their email addresses to forward them a copy of this email.

I know that two councillors (Cllr Brian Kenny and Cllr Gerry Ellis) are sending deputies and am sending a copy of this both to the councillor deputising and the councillor they are deputising for. If any other councillors are planning to send a deputy to the meeting feel free to forward this to the deputy.

This email is in relation to item 4 (Appointments of Panels) on the agenda of the Standards and Constitutional Oversight Committee meeting to be held on the 2nd June 2016.

The papers for this were published late and can be found in the supplementary agenda. Please note that in order for the committee to consider material published after the 5 clear working days before the meeting, it’s a legal requirement that both the Chair (presumably Cllr Denise Roberts) accepted this item of other business and the reasons for accepting it late are recorded in the minutes. I’m sure Mr. Tour will be familiar with this as it formed the basis last year as to my formal objection to the 2014/15 accounts of the Merseyside Pension Fund (administered by Wirral Council) with the result being that the Pensions Committee had to arrange a further meeting to properly approve the accounts.

However, I have some general questions/queries. In the interests of openness/transparency I’m publishing this email, so it’s not confidential.

1) As the people proposed to be on the Standards Panel & Standards Appeal Panel are also members of the Standards and Constitutional Oversight Committee are both panels being categorised by Wirral Council as a sub-committee, similar to how the Licensing Act Sub-Committee members are also drawn from its parent committee?

2) In the proposed protocol it states,

“12.5 Anyone involved with the investigation will be advised that they may be compromising their position if they communicate with the media on matters relevant to the investigation whilst the investigation is ongoing and that any communication that is made should emanate from the Council’s communication team.”

The legal requirement for secrecy of those involved with the investigation of complaints about councillors was repealed some time ago. Because of s.6 of the Human Rights Act 1998 a public authority (such as Wirral Council) can’t make a decision which causes it to act in a way incompatible with a Convention right. This suggestion in the protocol would seem to conflict with both the Article 10 (freedom of expression) Convention right and the whistleblowing provisions in the Public Interest Disclosure Act 1998. I would therefore either like a detailed explanation as why this is proposed (or why I am wrong) or for it to be removed from the proposed policy before it is agreed.

3) Part 21.1 of the proposed policy refers to “7C of the Council Access to Information Procedure Rules”.

This refers to the following reason for excluding the press/public at a meeting:

“7C. Information presented to a standards committee, or to a sub-committee of a standards committee, set up to consider any matter under regulations 13 or 16 to 20 of the Standards Committee (England) Regulations 2008, or referred under section 58(1)(c) of the Local Government Act 2000.”

A local council can only use powers it legally has to do something. Standards complaints about councillors are no longer considered under s.58(1)(c) of the Local Government Act 2000 (which was repealed) or the Standards Committee (England) Regulations 2008.

Therefore the references to a repealed legal power need to be brought up to date to the current position and Wirral Council’s constitution updated to prevent confusion.

I plan to attend the meeting itself and look forward to hearing an answer to this email then.

Yours sincerely,


John Brace
Editor
http://johnbrace.com/
A blog about Wirral Council’s public meetings, Wirral Council’s councillors, Bidston & St. James ward and other public bodies on Merseyside

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