MTUA accuse politicians of ‘U-turn’ on Mersey Tunnel tolls promises

For those not from Merseyside and reading this in far-flung lands, I had better first explain what the Mersey Tunnels are. Anyone local to Merseyside reading this can skip the next paragraph.

Liverpool is separated from the peninsula of the Wirral by the River Mersey and beneath the River Mersey are two road tunnels and a railway tunnel (the railway tunnel that opened in 1886 is not the focus of this article). One road tunnel connects Liverpool to the town of Birkenhead (called the Queensway Tunnel) and the other with the town of Wallasey (called the Kingsway Tunnel). The Birkenhead Tunnel opened in 1934 and the Wallasey Tunnel in 1971. Both road tunnels are tolled with the current cash toll for cars being £1.70 (different rates apply for those who pay by Fast Tag or different sizes of vehicles).

The issue of the tunnel tolls has been a long running political issue locally and each year the tunnel tolls are set by local politicians. For years the local transport body called Merseytravel (which was then eighteen councillors from the various parts of Merseyside) decided on the Mersey Tunnel tolls. As the Liverpool City Region Combined Authority (LCRCA) was created in April 2014, it meant that this year the tolls decision was made by the LCRCA (on a recommendation from the Merseytravel Committee).

The LCRCA comprises the elected leaders of each Council on Merseyside, the elected Mayor of Liverpool, the Chair of the Local Enterprise Partnership and the Leader of Halton. The Chair of the Local Enterprise Partnership (as detailed in the LCRCA’s constitution) doesn’t have a vote when the Mersey Tunnel tolls are set and the Leader of Halton abstained in the vote this year because Halton’s not part of Merseyside.

Earlier this year, in the lead up to the 2015 General Election (to elect MPs) and 2015 local elections (to elect local councillors) politicians from both the Labour and Conservative parties made soothing noises to the public about the issue of tunnel tolls.

Once the running costs of the tunnels and debt repayments are paid out of the money received through tolls, there is now a surplus of around £16 million. The generally accepted position is that legislation, in this case the Mersey Tunnels Act 2004 means that any surplus tolls are only spent on transport projects that are in the Local Transport Plan.

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Liverpool City Region Combined Authority meeting of the 13th February 2015 which should start at agenda item 7 (2015/16 Mersey Tunnel Tolls which starts at 1h 3m 4s)

However returning to February 2015 (see video of that meeting above which should start at the right point) politicians on the LCRCA agreed to a freeze in toll charges.

Mayor of Liverpool Joe Anderson speaking on a motion on the Mersey Tunnels at a meeting of the Liverpool City Region Combined Authority 13th February 2015

The Mayor of Liverpool Joe Anderson, seconded by the Chair of the LCRCA Cllr Phil Davies moved the following motion (agreed at February’s meeting of the LCRCA as you can read in the minutes):

The Combined Authority (CA) calls on:

The Chair of the CA to set up a task group to consider options open to the CA to reduce costs of tunnel tolls and its impact on infrastructure and transportation;
The Head of Paid Service of the CA to produce a report for discussion to inform the setting of tunnel tolls for 2016/17;
The CA to press for a review of the Mersey Tunnel Act in any on-going devolution negotiations.

The Mersey Tunnel Users Association feels that the recently approved devolution asks of the Liverpool City Region Combined Authority as reported earlier this month on this blog, which include asking the government for a legislation change so that surplus tolls can be spent on "wider broader infrastructure and economic development and transport infrastructure across the city region" is a U-turn on what politicians’ position was before the election.

John McGoldrick, secretary for the Mersey Tunnel Users Association (MTUA) stated,

"Assuming that the politicians meant what they said earlier this year, then it looks as if they have done a u-turn and the users of the Tunnels are to be sold down the river. Instead of stopping the profit taking and reducing tolls, it seems that the City Region’s aim is to use the tolls profits on economic development or infrastructure "across the city region". The people who voted in the May elections have been duped over what Labour’s tolls policy was.

The Conservative party also made promises about reducing or abolishing tolls. It is not yet clear what the Government is going to do and whether they will honour what the Chancellor and others said before the May elections. We urge all drivers and businesses to raise this issue with their MP and local councillors."

The motion to the special meeting of the Liverpool City Region Combined Authority meeting that met on the 2nd September and approved the devolution asks of government made it clear that before any devolution deal offered by the government was approved, that the constituent councils would have to agree and there would have to be consultation.

Each of the constituent councils in the LCRCA are Labour controlled and those that make these decisions on this matter on the Liverpool City Region Combined Authority are all Labour politicians.

It remains to be seen what the Conservative government’s response will be to the request for greater flexibility on what surplus tunnel tolls can be spent on.

However the MTUA is also against the spending of tunnel tolls on transport projects. John McGoldrick of the MTUA added "Obviously the MTUA aim is no tolls, but as a minimum we want a stop to the use of tolls for non Tunnels purposes."

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What did Cllr Phil Davies’ PR adviser have to say about the LCRCA devolution campaign?

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Liverpool City Region Combined Authority meeting of the 21st September 2015 Part 1 of 2 (devolution and Transport for the North)

Ben O'Brien of Kenyon Fraser Ltd (a PR company) speaking at the Liverpool City Region Combined Authority meeting on the 21st September 2015 — Ben O’Brien of Kenyon Fraser Ltd (a PR company) speaking at the Liverpool City Region Combined Authority meeting on the 21st September 2015

Declaration of Interest – the author wishes to declare an interest in that Google (named in the piece below) has an existing contract with the author for advertising revenue from Youtube videos.

Unusually a Chief Executive of a local PR company called Kenyon Fraser Limited spoke at the Liverpool City Region Combined Authority meeting on its agenda item on devolution. Below is the exchange between Cllr Phil Davies and Ben O’Brien of Kenyon Fraser, then I go into more detail about the existing contracts that this PR company Kenyon Fraser has with Merseytravel/Liverpool City Region Combined Authority.

The Chair Cllr Phil Davies said at the end of a presentation by Ged Fitzgerald (Chief Executive, Liverpool City Council) on devolution, "With the Combined Authority being advised by Kenyon Fraser [Ltd] on this. Ben O’Brien from Kenyon Fraser has come here today, so just with your permission, I’d just like to give Ben a couple of minutes to talk about plans around public engagement, stakeholder involvement etc so Ben, do you want to just say a few words about that please? Thank you."

Ben O’Brien from PR company Kenyon Fraser said, "Chair, very briefly, as has been outlined in the presentation I think things are developing quickly and our role is to take that forward Chair.

I’m Chief Executive of Kenyon Fraser, my name’s Ben O’Brien, we’re a Liverpool based communications consultancy.

We’re very pleased to have been appointed to support taking the work forward and we’re linking in with colleagues in Knowsley in the Secretariat role in order to facilitate that.

And really given the timescales and the tasks in hand to provide additional resources to be able to do that work to a high standard in the timescales that are required of us.

So in short our role is to produce communications resources to support that better engagement with the public, with key stakeholder groups including the business community and other stakeholder groups relevant to the key policy proposal areas that are being taken forward at this time and in advance of the CSR [Comprehensive Spending Review] in the first instance.

So we’re here to provide additional resources, we’re pulling together our plans to support doing that at a city region level and at a borough level, as we’ll be required by the work that officers are undertaking at this stage and we want to take that work forward from here on in as it takes shape.

So thank you for inviting us along to introduce ourselves in the first instance."

Kenyon Fraser have a number of contracts with Merseytravel.

The first called the "Agreement for Consultancy Services relating to High Speed Rail for Liverpool Campaign development and delivery" is a contract dated 16th September 2014 for £99,500 for the work detailed below (prices have been blacked out by Merseytravel as apparently they are "commercially sensitive") .

Merseytravel Kenyon Fraser Limited contract Agreement for Consultancy Services relating to High Speed Rail for Liverpool Campaign development and delivery schedule of rates thumbnail

For those wondering what the taxpayer got for £99,500 (or find it hard to read the image above) that was the work of the Chief Executive, a named Account Director (name was removed by Merseytravel), Account Managers/Designers/Web Designers/PRs and similar & engagement staff. The services of these people are charged on an undisclosed daily rate.

The Cost Summary Schedule detailed work in the following areas:

Campaign Strategy and planning, political engagement up to launch
Design and build website inc one year hosting
PR & Media Relations inc pre launch activity, copy, video, photography, staff attendance
Branding and core materials – design and production
Public launch, engagement activity to 12^th August
Ongoing PR and media relations activity including Liverpool Echo partnership, copy, photography, social media
Political engagement activity including copy, packs, events, liaison
Events programme – business, opinion former and stakeholder engagement, all supporting activity
Public engagement activity across all Local Authority areas post launch period, petition support, public events

Total £99,500 of public money spent on a campaign, which hasn’t resulted in persuading the government to extend HS2 to Liverpool.

There is also an “Agreement for Communication Support” that Kenyon Fraser Limited have (or had) with the Merseyside Passenger Transport Executive dated 12th December 2013. The brief for that one is simple and is:

To provide media support as and when required pending recruitment to the vacant posts within the Corporate Communications Team
To roll out support for the Stakeholder Engagement Plan
To provide specialist development and training support

Oh but there’s more than that! This company also has the "Framework Agreement for Consultancy Services for the Design of Travel Marketing Literature Commencing 1 January 2014 until 31 December 2015". This one is for bus posters, Google PPC advertising, Facebook advertising, other online activities, as well as quarter pages ads in the Liverpool Daily Post (although as this paper ceased publication in December 2013 I’m curious about why it’s in the contract), Southport & Formby Champion, Bootle, Crosby & Maghull Champion and Wirral Globe, advertising on the back of buses, bus stop advertising, employee engagement and PR activity such as "Mersey Summer Time", web page work, leaflets, in-car air fresheners, Meal for 2 incentives, engagement and PR activity.

It looks like this contract was extended in 2014 to 2017 and renamed "Consultancy Services Agreement for the Provision of Design Services for Travel Marketing Literature October 2013 to September 2017".

However there’s more, Kenyon Fraser Limited have a 35 page contract dated 20^th May this year called the "Merseytravel Consultancy Services Framework Agreement 2015-2019 For Consultancy Services (Various Lots)" which is for PR, campaign & engagement.

I could start publishing Kenyon Fraser invoices to Merseytravel, but this is already starting to sound more like an advert for them than a serious piece of journalism. You can find one of the Kenyon Fraser invoices for £29,160 in this earlier story headlined Why did Merseytravel spend £2,775 on a “Parliamentary Reception”?

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Who was paid a £150,707 salary by the Liverpool City Region Combined Authority?

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Monty Python’s famous sketch about chartered accountancy (as it’s very hard to make jokes about this subject)

Councillor Phil Davies shows off the LGC award Wirral Council received for being most improved Council 12th March 2015 — Councillor Phil Davies (Chair of the Liverpool City Region Combined Authority) shows off the LGC award Wirral Council received for being most improved Council 12th March 2015

As it states in the video above, accountancy can be dull. However I wrote this email below (sent the day before the meeting) about a disclosure mistake in the Liverpool City Region Combined Authority accounts for 2014/15. The Liverpool City Region Combined Authority meets this morning to approve the accounts for 2014/15.

It’s quite simple really, about six years ago the law changed so that public sector employees that are paid a salary of £150,000 or more had to be named in the accounts.

For example on page 160 of the accounts for the Merseyside Fire and Rescue Authority approved last week Dan Stephens, the Chief Fire Officer (on a salary of £170,000) is named. In fact Merseyside Fire and Rescue Authority also name the Deputy Chief Fire Officer and Deputy Chief Executive, as despite their salaries being below the £150,000 threshold it is more transparent to do so as the total they receive is over the £150,000 threshold.

The Chief Executive of Merseytravel (David Brown) on a salary of £150,707 should’ve been named in the Liverpool City Region Combined Authority’s accounts. The email below from myself details the reasons why (KPMG are the external auditors for the Liverpool City Region Combined Authority). Hopefully this will be sorted out at the meeting and corrected.

Subject: agenda item 7 (Liverpool City Region Combined Authority Final Accounts 2014/15) meeting 20th September 2015

To: Cllr Phil Davies
CC: Mayor Joe Anderson
CC: Cllr Barrie Grunewald
CC: Robert Hough
CC: Cllr Andy Moorhead
CC: Cllr Rob Polhill
CC: Cllr Ian Maher

CC: David Brown (Chief Executive/Director General, Merseytravel)
CC: Louise Outram (Monitoring Officer, Merseytravel)
CC: Angela Sanderson (Monitoring Officer, LCRCA)
CC: Stephanie Donaldson (Head of Internal Audit, Merseytravel)
CC: Tim Cutler (Partner, KPMG LLP (UK))
CC: Ian Warwick (Manager, KPMG LLP (UK))
CC: Richard Tyler (Assistant Manager, KPMG LLP (UK))

Dear all,

I am bringing this up in advance of Monday’s meeting, in the hope it can be amended. If it isn’t amended, please class this as a formal objection by a Merseyside local government elector to the accounts of the Liverpool City Region Combined Authority for 2014/15.

The draft statement of accounts at note 9 (which is page 41 in the numbering of the report or page 67 of the supplementary agenda) contains details of the remuneration paid to the Liverpool City Region Combined Authority’s senior employees.

For the year 2015 (I presume this means financial year 2014/15), the Chief Executive/Director General received a salary of £150,707.

A number of years ago the Accounts and Audit (Amendment no 2) (England) Regulations 2009, SI 2009/3322 changed the audit regulations (this change started in financial year 2009/2010) and added the paragraph below:

"(c) the remuneration, set out according to the categories listed in paragraph (d), by the relevant body during the relevant financial year of—

(i) senior employees, or

(ii) relevant police officers,

in respect of their employment by the relevant body or in their capacity as a police officer, whether on a permanent or temporary basis, to be listed individually in relation to such persons who must nevertheless be identified by way of job title only (except for persons whose salary is £150,000 or more per year, who must also be identified by name)."

This requirement was kept in The Accounts and Audit (England) Regulations 2011, SI 2011/817 reg 7(2)(c) and the Accounts and Audit Regulations 2015, SI 2015/234 (which although referred to in the draft statement of accounts will apply from the 2015/16 financial year onwards).

Clearly, the Chief Executive should’ve been explicitly named and wasn’t. I think everyone I write this email to will know he’s called David Brown, but the draft statement of accounts should be amended to state this.

It’s a basic issue of openness and transparency (which I’m sure you’d expect the press to take a viewpoint on).

Yours sincerely,

John Brace

P.S. I know Merseytravel’s accounts are audited separately to the LCRCA, has the same error been made there too?

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Liverpool City Region Combined Authority agrees to ask government for further powers over Mersey Tunnels, transport, fire, police, skills, employment, European funding, trade, housing, health, energy and more!

Liverpool City Region Combined Authority agrees to ask government for further powers over Mersey Tunnels, transport, fire, police, skills, employment, European funding, trade, housing, health, energy and more!

Liverpool City Region Combined Authority agrees to ask government for further powers over Mersey Tunnels, transport, fire, police, skills, employment, European funding, trade, housing, health, energy and more!

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The video above of the Special Meeting of the Liverpool City Region Combined Authority of the 2nd September will finish uploading by about 16:30 on the 2/9/15. Once processed it should be available for viewing but is not available at the time this blog post was published.

Mayor Joe Anderson speaking about devolution at a meeting of the Liverpool City Region Combined Authority (2nd September 2015) thumbnail

At a meeting of the Liverpool City Region Combined Authority, councillors, the Mayor of Liverpool and co-opted members agreed a revised set of recommendations. The revised recommendations appeared only minutes before the meeting started.

The revised recommendations approve a request to the Conservative government to devolve powers to the city region as part of a devolution deal.

Here are the original recommendations (with the crossed out parts deleted by the revised recommendations):

It is recommended that the Liverpool City Region Combined Authority:-

(a) comments upon, and endorses the devolution themes that will form the basis of the Liverpool City Region’s input to the Comprehensive Spending Review on the 4 September 2015 (NB: this detail will form the basis of a follow-on report for members’ consideration); and

~~(b) notes that the devolution process will remain an iterative process and that further information will be presented to future meetings of the Authority, for members’ consideration.~~"

Here are the revised recommendations agreed today:

1.1 Liverpool City Region Combined Authority is recommended to:

Approve the initial scope of the proposals as outlined in the supplementary report and the presentation made to the Combined Authority as the Liverpool City Region’s formal submission to the Government’s Comprehensive Spending Review, subject to a delegation to the Head of Paid Service in consultation with the Chair of the Combined Authority and the Lead Officer: Economic Development to make any drafting amendments to the final document;

Continue negotiations with Government over the Autumn period in advance of the publication of the outcome of the Comprehensive Spending Review to secure a bespoke devolution ‘deal’ for Liverpool City Region which will:

Drive economic growth and increase productivity;

Reduce costs and improve outcomes across the whole of the public sector;
and

Improve social outcomes and better health and wellbeing for local residents.

Note that any actual agreement with Government would require the approval of constituent Councils with appropriate consultation put in place;

Note that devolution negotiations are an iterative process and that further information will be presented to future meetings of the Combined Authority, for Member’s consideration and approval; and

Note that any Agreement will only be signed by both the Constituent Councils and Government when both parties are fully satisfied with the final details of the Devolution Deal.

So what are the proposals that the Liverpool City Region Combined Authority are asking the government for?

The proposals are in this supplementary report and include the points below (plus other asks):

Abolishing Merseyside Fire and Rescue Authority and transferring its functions to an elected Liverpool City Region Mayor
Abolishing the Office of the Police and Crime Commissioner for Merseyside and transferring its functions to an elected Liverpool City Region Mayor
Asking for a legislation change so that any surplus Mersey Tunnel tolls can be used for economic development
“the repayment of historic Mersey Tunnels debts by government”
Development Corporation Status for the Liverpool City Region
Creation of a Land Commission
“Designation of catapult Centres in the City Region for Manufacturing Technology Centre focused on marine and renewable energy and a Centre of Excellence for Infectious Diseases”
“A Free Trade Zone designation for the Liverpool Wirral Port system that includes provision for Global Zone-to-Zone Transfers, No Duty on Value Added and Enhanced Customs Warehousing”
“We want government to give us a long-term Special Rail Grant (SRG) to help
secure a new fleet of Merseyrail trains.”
“the development of a generation system of regional significance, for example, an offshore tidal lagoon”
Also requested are “asks” under the headings of “cultural partnership and creative dock”, “community safety, enforcement, licensing and regulatory services”, “education”, “children’s services” and “health, wellbeing and social care”

Certainly the Liverpool City Region Combined Authority is asking for many changes from the government, which if agreed in principle will be subject to consultation.

Here are what some of the people on the Liverpool City Region Combined Authority had to say at today’s public meeting that agreed the proposals:

Mayor Joe Anderson (Mayor of Liverpool, Liverpool City Region Combined Authority) said, "There will be opportunities, there also will be more negotiations of more substance with businesses, with other political parties, with other interested groups like health, the voluntary sector, the trade unions and others to engage and involve themselves in the process."

Cllr Phil Davies (Chair, Liverpool City Region Combined Authority) asked, "In the near future presumably we’ll be drawing up a consultation programme if you like as the negotiations roll out?"

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FOI response details reasons why Fort Perch Rock car park charging plans were opposed

Fort Perch Rock car park 29th June 2015 Photo 1 of 3 — Fort Perch Rock car park 29th June 2015

After the U-turn last month on car parking charges at Fort Perch Rock car park, New Brighton I made a Freedom of Information request for the objections made during the consultation period.

In addition to a petition of objection which when the consultation finished had 876 signatures but now has 4,010 signatures there were nineteen written objections which included a thirteen page letter sent on behalf of the Wilkie Leisure Group.

Objectors referred to pay and display parking in Hamilton Square, Birkenhead and the reduction in visitors once charges for parking had started. Many objectors thought that car parking charges would put people off from visiting New Brighton. Some objectors thought that what charging would be unlawful. Others felt that Wirral Council ordering the pay and display ticket machines before the consultation on the proposed traffic regulation order started pre judged the outcome of the consultation.

The most detailed objection from Singleton Clamp & Partners Limited sent on behalf of the Wilkie Leisure Group stated:

"the reasons for implementing the charges are likely to be illegal under the Road Traffic Regulation Act 1984 and the Traffic Management Act 2004;
they are against Wirral Council parking policy;
there is no traffic management reason for their implementation."

The official reason for the U-turn given was the what was in the lease that meant that this could lead to parking charges elsewhere in New Brighton. Promenade Estates were quoted in a Liverpool Echo article by Liam Murphy that they would charge for parking at other car parks in New Brighton if charges at Fort Perch Rock car park were brought in.

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MTUA accuse politicians of ‘U-turn’ on Mersey Tunnel tolls promises

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What did Cllr Phil Davies’ PR adviser have to say about the LCRCA devolution campaign?

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Who was paid a £150,707 salary by the Liverpool City Region Combined Authority?

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Liverpool City Region Combined Authority agrees to ask government for further powers over Mersey Tunnels, transport, fire, police, skills, employment, European funding, trade, housing, health, energy and more!

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FOI response details reasons why Fort Perch Rock car park charging plans were opposed

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