Cabinet (Wirral Council) 24th January 2012 Financial Monitoring (Revenue Overspend), SIGOMA report and Come Together campaign/petition Part 1

Cabinet (Wirral Council) 24th January 2013 Agenda items 1-4, Declarations of Interest, Minutes, Leaders Announcements and Financial Monitoring (Revenue), SIGOMA report and Come Together campaign

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Present:
Cllr Phil Davies
Cllr Tony Smith
Cllr Adrian Jones
Cllr Harry Smith
Cllr Brian Kenny
Cllr Pat Hackett
Cllr Chris Jones
Cllr Chris Meaden
Cllr George Davies
Cllr Ann McLachlan

Cllr Phil Davies welcomed people present and commented that the meeting was less noisy than the previous Cabinet meeting. He welcome Joe Blott, the new Strategic Director for Transformation and Resources. No declarations of interest were made.

The minutes of the meeting held on 20th December 2012 were agreed.

Cllr Phil Davies said they’d take agenda item 3 (response to alcohol consultation) as an item of Any Other Business as they needed to agree their response to the consultation in time to meet the deadline, so the first main item was Financial Monitoring – Revenue (this is the original report), which was the subject of a revised report in the supplementary agenda.

Cllr Phil Davies asked Peter Timmins to introduce the report. Peter Timmins said that the position on the overspend had improved by a £million, he referred councillors to 2.15 on page 7, talked about the earmarked reserves and referred to table 6 at 3.2 on page 10. He said that the underlying problems had been masked by one-off solutions this year.

Cllr Davies thanked Mr. Timmins for the report and said he wanted to make a few comments. He said it was pleasing to see the overspend this year down, however he said they still had additional pressures such as the bad debts issue in Adult Social Services which there would be a verbal report on later and the Social Services care home fees consultation.

He said they were waiting for a “clear steer from government” in response to the meeting they [the three party leaders] had with the Minister a few weeks ago about flexibility about capitalisation and the way the levies operate. There would be a further meeting with civil servants on Tuesday [29th January] and that they were working hard on the budget options consultation which would end at the end of the month. Following the consultation there would be a report to the Cabinet meeting of the 18th February (where they would also decide on a new three-year Corporate Plan).

Cllr Davies said he wanted to add to the recommendations (which are below):

Add the following to the recommendations in the report:-

1. Cabinet believes that the Government’s austerity policy is proving to be profoundly unfair. Authorities with the highest levels of poverty and deprivation are facing the biggest cuts. At the same time, wealthy areas with the lowest levels of poverty pay less.

2. Wirral is losing £151 per head in cuts. Liverpool is losing £252, Manchester is losing £209, Newcastle is losing £162, Birmingham is losing £166, and Sheffield is losing £140 per head.

3. Milton Keynes is losing just £38 per head. Central Bedfordshire is losing £18 per head. And people in North Dorset are losing just £2 per head.

4. Cabinet also notes that a recent report by SIGOMA (Special Interest Group of Metropolitan Authorities Outside London) indicates that out of the 47 SIGOMA authorities Wirral has had the largest cut in its funding from central government (2.62% cut in revenue spending power 2013-14). This compares with the SIGOMA average of -1.78% and the average for Shire Districts of -1.37%.

5. Cabinet supports the ‘Come Together’ Campaign launched by the Mayor of Liverpool on the 18th January when the Leaders of Core Cities, Merseyside Districts and Faith Leaders met to discuss the impact of the Government’s austerity policy.

6. Cabinet supports the on-line petition which has been launched at www.come-together.co.uk. This calls on the Government to urgently re-think its policy and to apply the cuts more fairly across the country, protecting those most in need, and making sure those in wealthy parts of the country pay their fair share. We urge all residents to sign this petition.

This was seconded by Cllr McLachlan and agreed by the Cabinet.

Richard Penn clears Dave Green following whistleblower’s allegations surrounding the Highways and Engineering Services Contract award to Colas

Richard Penn clears Dave Green following whistleblower’s allegations surrounding the Highways and Engineering Services Contract award to Colas

Yesterday I read the thirty-nine page report of Richard Penn about Dave Green and the reasons behind his suspension.

For anyone reading it, it doesn’t make much sense without reading the background documents first, so below is a list of two of the background documents I could find online and a link to the minutes of a meeting from 2010 at which one of the reports was discussed.

Highways and engineering services contract Award and Management (Report in the Public Interest) (Audit Commission) 8/6/12

Procurement follow up of Public Interest Disclosure Act disclosure (Audit Commission) 16/9/2010 and the minutes of the Audit and Risk Management Committee of 28th September 2010 that discussed it

The rest of the documents such as the Council’s Conflict of Interest Policy and Conflict of Interest Policy Procedure don’t seem to be on Wirral Council’s website although I did find the Equality Impact Assessment for the Conflict of Interest Policy which refers to the M15 Conflict of Interest Declaration Form and the annual Key Issues Exchange.

The Equality Impact Assessment from the 8th February 2008 states “following Audit advice employees are continually reminded of their obligations to declare any conflict of interest” which raises the point as to whether this was actually happening in practice.

When Dave Green realised there was a conflict of interest on 20th October 2008 if as an employee he was being “continually reminded of his obligations”, he would have stated this conflict of interest using the M15 form, rather than as stated in the report he “immediately sought advice from Simon Goacher regarding the potential for conflicts of interests” (which delayed the M15 form being submitted for three weeks which meant it was after the whistleblowers made their allegations about him).

Moving to the part of the report that states “Dave Green also commented on what he described as the inaccurate reporting of facts in the local press. The Council has done nothing to correct the incorrect reporting largely generated by the Council publishing and considering the wrong report at the July Council meeting.” and “Dave Green considered that it was absolutely unreasonable for the Council to allow such inaccurate reporting to continue and demonstrated a poor ‘duty of care’ to him as one of its employee.”

Certainly there was something in the Council’s press release in response to the Audit Commission report entitled “Council response to District Auditor’s report” dated 8th June 2012 that someone took exception to it as it’s been removed from Wirral Council’s website and was the press release that this Wirral Globe story was based on.

The part of the Council meeting referring to Dave Green’s suspension was unusually held in private without the press and public present see here, although the public interest report was discussed in public, it seems the Audit Commission report on Wirral Council’s website was replaced with a different version a week after the meeting was held.

Cabinet (Wirral Council) 8th November 2012: Workforce Change and Consultation Part 1

Report on Cabinet meeting of the 8th November 2012 Part 1 with video.

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Wirral Council: Trade Unions Protest at Labour Cabinet’s Decision to Consult on Future Job Cuts and Changes to Terms and Conditions

Last night’s Cabinet meeting was so well attended, that the room venue had to change at the last-minute from the Council Chamber (capacity fifty) to the Civic Hall (capacity hundreds). Its usual venue of Committee Room 1 is being used for the Police and Crime Commissioner elections.

Unusually both the Civic Hall and the balcony were packed following a picket at 5pm outside Wallasey Town Hall.

In scenes that haven’t been seen at a Cabinet meeting since the Labour/Lib Dem Cabinet tried to close Wirral’s libraries (which led to the public inquiry led by Sue Charteris), the Labour Cabinet Members were booed on entering the Civic Hall. The first video (part of a longer playlist of the meeting) shows the first three items of the meeting, which are Declarations of Interest, Minutes and Workforce Change and Consultation and the report for this last item can be found on Wirral Council’s website.

There was a change to the original recommendation proposed and seconded by the Labour Group which was circulated to those at the meeting. This amendment (which was agreed) is below:

Proposed amendment

Agenda Item 10
12.1 a) 4. The potential impact on staff of the officer budget options including redundancy

b) Immediately suspend applications to the council’s existing employee enhanced Voluntary Severance Scheme

————————————————————————————————–
Revised recommendations (agreed)

12.1 That the Chief Executive is authorised to:

a) Open formal consultation with Trade Unions and staff under TULRCA (Trade Union and Labour Relations (Consolidation) Act 1992) and as a matter of good practice on:

1. Changes to the council’s enhanced discretionary severance scheme policy under the Local Government (Early Termination of Employment) (Discretionary Compensation) (England and Wales) Regulations 2006.

2. Changes to the local conditions of service.

3. The terms upon which to implement the final stages of Job Evaluation, under the 1997 National joint agreement.

4. The potential impact on staff of the officer budget options including redundancy.

b) Immediately suspend of the council’s existing employee enhanced Voluntary Severance Scheme.

12.2 To recommend to the Employment and Appointments Committee that this report is considered and the Chief Executive is authorised to open consultation as outlined in Recommendation 12.1 (a) and that Recommendation 12 (b) is implemented.

The Chief Executive will report back on the progress of consultation the special budget Cabinet on 20 December 2012.

Below are links to the various videos of this Cabinet meeting.

Cabinet (Wirral Council) 8th November 2012 Part 1 Workforce Change and Consultation
Cabinet (Wirral Council) 8th November 2012 Part 2
Cabinet (Wirral Council) 8th November 2012 Part 3
Cabinet (Wirral Council) 8th November 2012 Part 4
Cabinet (Wirral Council) 8th November 2012 Playlist

Employment and Appointments Sub-Committee (Wirral Council) Appointment of a Strategic Director (Families and Wellbeing)

Report of the Employment and Appointments Sub-Committee (Wirral Council) of the 26th October 2012 in Committee Room 2, Wallasey Town Hall starting at 3pm.

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Present (6/7,3:2:1)
Employment and Appointments Sub-Committee
Committee Room 2, Wallasey Town Hall

26th October 2012 3pm

Cllr Lesley Rennie, Conservative
Cllr Jeff Green, Conservative
Cllr Patricia Williams, Liberal Democrat
Cllr Phil Davies, Labour
Cllr Ann McLachlan, Labour
Cllr Adrian Jones, Labour
Cllr George Davies (from 15:30 (agenda item 3)), Labour

Committee Services
Andrew Mossop (Committee Clerk)

Not Present (Legal adviser)
Wirral Council officers

Chris Hyams, Head of Human Resources and Organisational Development
Graham Burgess, Acting Chief Executive
David Armstrong, Deputy Chief Executive
Unknown male
Unknown female

Press/public (agenda items 1-3)
J and L Brace

The meeting originally scheduled for 3pm started at 3.06pm. There were no microphones used.

1. Appointment of Chair
Andrew Mossop asked for nominations for Chair.
Cllr Ann McLachlan proposed a nomination for Cllr Phil Davies.
Cllr Adrian Jones seconded a nomination for Cllr Phil Davies.
There was a vote on the nomination for Cllr Phil Davies for Chair by show of hands.
Andrew Mossop asked if there were any other nominations for Chair?
No other nominations for Chair were made.
Cllr Phil Davies was therefore appointed Chair of the Employment and Appointments Sub-committee (unopposed). Cllr Phil Davies got up from his seat and walked to the Chair’s chair in the room and sat down.

The Chair (Cllr Phil Davies) asked for any declarations of interest?

2. Declarations of Interest
No declarations of interest were made.

3.  Exclusion of the press and public
Cllr Phil Davies proposed the following recommendation on the advice of a Council officer:-

“That in accordance with section 100A (4) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the following item of business, on the grounds that it involves the likely disclosure of exempt information as defined by the relevant paragraphs of Part 1 of Schedule 12A to that Act. The public interest test has been applied and favours exclusion.”
This was agreed.

A member of the public (the author of this blog) asked why the resolution didn’t include the paragraph/s number and asked if they were required to include theparagraph or paragraph number in the resolution?

The Chair Cllr Phil Davies said he would seek advice on the subject. He sought advice on the subject and was also given advice by Cllr Jeff Green that it was paragraph 1. His resolution was amended to:-

“That in accordance with section 100A (4) of the Local Government Act 1972, the public be excluded from the meeting during consideration of the following item of business, on the grounds that it involves the likely disclosure of exempt information as defined by the paragraph 1 of Part 1 of Schedule 12A to that Act. The public interest test has been applied and favours exclusion.”
The amended resolution was put to the vote and agreed. The press and public were excluded for agenda item 4 (Appointment of Strategic Director: Families and Wellbeing).

The public made their way to the door to leave the room.
Cllr George Davies arrives.
The public left the room.

Agenda Item 4 Appointment of Strategic Director: Families and Wellbeing

The councillors now including the late Cllr George Davies considered the applications for the new post of Strategic Director (Families and Wellbeing).

The following resolution was agreed:

That the following 5 candidates be long listed for the next stage of the selection process which shall be for officer interviews on Tuesday, 13 November – candidate numbers, 2, 3, 4, 5 and 6.

Transcript

Andrew Mossop: any nominations for the Chair?

Cllr Ann McLachlan: I nominate Phil Davies.

Andrew Mossop: Chair, err, Cllr Phil Davies, is that seconded?

Cllr Adrian Jones: Yes.

Andrew Mossop: Are there any other nominations?

Cllr Phil Davies: Right, OK, err folks, … see you’re busy…errm Item 2 this is a standing item, Members Code of Conduct Declarations of Interest. Has anyone wish to declare any interests?

No, OK, no interests, errm, item 3, is item for you to agree the exemption to exclude the members of the public from the meeting. Is that agreed?

Various councillors: Agreed.

John Brace: Sorry, there are no reasons in it, but the case law says there has to be reference to a paragraph, so errm is it possible to give the reasons,

Cllr Phil Davies:

John Brace: that’s supposed to be in the resolution you passed you see but unfortunately it’s missing from the agenda.

Cllr Phil Davies:
Cllr Jeff Green: on the basis of paragraph 1, I can suggest we actually go carry forward the exemption.

Cllr Phil Davies: So we should agree on the basis of paragraph 1?

John Brace: Is that agreed on paragraph 1?

Cllr Phil Davies: Is that agreed on the basis of paragraph 1?

Local Government Association/ Wirral Council Improvement Board 19th October 2012

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Present:
LGA (Local Government Association)

Joyce Redfearn (Chair of Improvement Board, LGA)
Cllr Stephen Houghton CBE (Labour Peer, Barnsley Council, LGA)
Paul Rowen (Liberal Democrat Peer, LGA)
Gillian Connolly, LGA Team
Pat (Commissioning)
Dr. Gill Taylor, Principal Adviser, North West (LGA)

Wirral Council

Cllr Ann McLachlan (Labour, Wirral Council),
Cllr Phil Davies (Labour, Wirral Council),
Cllr Tom Harney (Liberal Democrat, Wirral Council)
Cllr Jeff Green (Conservative, Wirral Council)
Graham Burgess, Interim Chief Executive (Wirral Council)
Fiona Johnstone, Joint Director of Public Health (Wirral Council/NHS)
Steve Rowley, Adult Social Services (Wirral Council)
Chris Hyams, Human Resources and Organisational Development (Wirral Council)
Kevin Adderley, Regeneration, Housing & Planning (Wirral Council)
Emma Degg, Communications and Engagement (Wirral Council)
Christopher Dowly? Unknown (Technical Services) (Wirral Council)
Surjit Tour, Acting Director of Law, HR and Asset Management (Wirral Council)
Julia Hassall, Acting Director of Children’s Services (Wirral Council)
Mike Thomas (District Auditor, auditor for Wirral Council appointed by Audit Commission)
Three other unknown Wirral Council officers

Press/Public
Various members of the press and public

Agenda Item 1 Welcome and Introductions to the Improvement Board 00:01 to 02:18

Joyce Redfearn: We’ve got absolutely everybody in the room. Really delighted to see you here, but particularly to members of the public who take the time and effort to come and join us, and I think who are recording the proceedings as we are speaking as well. A warm welcome to you to the public part of the meeting, would it help if members of the Board and the Management Team just introduced themselves, so you know who’s present in the room?
John Brace: Sorry, could you use the microphone please so we can hear you at the back?
Joyce Redfearn: That’s working well, I’m requested to use the microphone so people can hear. Is that better for you?
John Brace: Yes.
Joyce Redfearn: Good. OK, introductions. I’m Joyce Redfearn and I’m the Independent Chair of the Improvement Board.
Graham Burgess: I’m Graham Burgess and I’m the Chief the Executive of Wirral Borough Council.
Gillian Connolly: I’m Gill Connolly and I’m a part of the LGA Team.
Pat: I’m Pat Ho???, Commissioning.
Stephen Houghton: I’m Stephen and I’m an LGA Peer.
*door squeaks as Julia Hassall arrives late*
Gill Taylor: Gill Taylor, I’m the Principal Adviser for the North West for the LGA.
*Julia Hassall arrives and walks in front of camera*
Fiona Johnstone: I’m Fiona Johnstone, Director of Public Health and the *indecipherable*.
Steve Rowley: I’m Steve Rowley, I’m here for the Director of Adult Social Services, Graham Hodkinson.
Chris Hyams: Errm, I’m Chris Hyams, Head of HR and OD.
Kevin Adderley: I’m Kevin Adderley, Director of Regeneration, Housing and Planning.
Emma Degg: I’m Emma Degg, *microphone feedback* Head of Communications and Engagement.
Christopher Dowly?: Interim Executive Director of Law.
??? ???: Technical Services
Surjit Tour: Acting Director of Law, HR and Asset Management.
Julia Hassall: I’m Julia Hassall, I’m Acting, sorry, Director of Children’s Services.
Cllr Ann McLachlan: I’m Cllr Ann McLachlan, Deputy Leader of the Council and Cabinet Member for Improvement and Governance.
Cllr Phil Davies: Errm, hi, I’m Phil Davies, Leader of the Council.
Paul Rowen: Err Paul Rowen, I’m Chair of the *indecipherable*.
Cllr Tom Harney: Tom Harney, Leader of the Liberal Democrat Group. ???? ???: I’m Dennis ????, LGA Peer.
Cllr Jeff Green: Jeff Green, Leader of the Conservative Group.
Joyce Redfearn: OK, thank you very much everybody for introducing and even bringing in a piece of teamwork, as we worked out how to share mikes. *indecipherable* I’m very glad. Errm, the format has changed,

Agenda Item 2 Improvement Board Progress to Date 02:18 to 14:10

Improvement Board Progress to Date Report

The Chair, Joyce Redfearn spoke about the report.

Agenda Item 3 Questions from the Public 14:10 to 15:12

There were a number of questions from myself, John Brace which were answered by the Chair, Joyce Redfearn.

Agenda Item 4 Unknown

Agenda Item 5 Unknown

Agenda Item 6 Unknown

Agenda Item 7 Unknown

Agenda Item 8 Unknown

Agenda Item 9 Unknown

Agenda Item 10 Unknown

Agenda Item 11 Unknown

Agenda Item 12 Unknown

Agenda Item 13 Unknown

Agenda Item 14 Unknown

Other agenda items unknown

Letter Before Claim to Wirral Council.