Merseytravel councillors agree to push for ½ hourly service on Bidston Wrexham “Borderlands” line

Merseytravel councillors agree to push for ½ hourly service on Bidston Wrexham “Borderlands” line

Merseytravel councillors agree to push for ½ hourly service on Bidston Wrexham “Borderlands” line

                                     

Bidston Train Station (Borderlands Line) 13th August 2016 (John Brace)
Bidston Train Station (Borderlands Line) 13th August 2016 (John Brace) Photo taken by Leonora Brace

A public meeting of councillors on the Merseytravel Committee (part of the Liverpool City Region Combined Authority) last month considered a report on enhancing services on the Borderlands Line between Bidston and Wrexham, as well as an Executive Summary of the Borderlands Line Service Enhancements Economic Appraisal Report.

Three councillors from the Wirral (Cllr Steve Foulkes, Cllr Jerry Williams and Cllr Les Rowlands) each spoke on the item, which you can watch starting at the 24 minutes 20 second point in the video below.

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Merseytravel Committee (Liverpool City Region Combined Authority) 28th July 2016 Part 2 of 2 (Enhancing Services on the ‘Borderlands’ Rail Line starts at 24:20)

The Merseytravel Committee agreed to work with the Welsh Assembly Government to push for a twice hourly service, to set up a joint steering group with the Welsh Assembly Government and to develop a realistic project plan to:

a) improve the line,
b) introduce a bus-rail interchange in the Hawarden Bridge area,
c) enhance intermediate stations (such as Heswall and Upton) to make them more convenient, attractive and accessible and
d) to look into a potential new station at Woodchurch.

Future reports on progress are expected to be made to the councillors on the Merseytravel Committee.

Attending the public meeting was the Chairman of the Wrexham Bidston Rail Users Association John Allcock. When asked for a quote for WBRUA’s views on the decision by the Merseytravel Committee he wrote, “The WBRUA welcomes the Merseytravel Committee’s decision to support the enhancement of the Borderlands Line. This railway has been a Cinderella line for many years but has the potential to be a significant part of the transport network in our area and benefit the communities and businesses it connects.”

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What is in 13 Merseytravel/Liverpool City Region Combined Authority contracts and hundreds of pages of invoices relating to the 15/16 financial year?

What is in 13 Merseytravel/Liverpool City Region Combined Authority contracts and hundreds of pages of invoices relating to the 15/16 financial year?

What is in 13 Merseytravel/Liverpool City Region Combined Authority contracts and hundreds of pages of invoices relating to the 15/16 financial year?

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) | Councillor Pat Cleary (Green) (left) listens. Cllr Steve Foulkes is Merseytravel’s Lead Councillor for Finance and Strategy.

Merseytravel and the Liverpool City Region Combined Authority were the last public body to respond to my request to inspect and receive copies during the 30 working day period which was originally supposed to run starting on the 1st July 2016.

Interestingly the public notice for Merseytravel published on their website and the public notice for Liverpool City Region Combined Authority published on Merseytravel’s website, a Julie Watling (Merseytravel) stated in response to a FOI request on the 8th August 2016, that “This notice is not unfortunately on our website at this present time.”.

This was interesting as the 30 working day period isn’t allowed to start until the public notice is published!

However the FOI request went to an internal review and Julie Watling of Merseytravel responded on the 11th August stating that, “However I had been mistakenly informed that the information was not on the website, when in fact it was available at the following links:-”

Merseytravel public notice 15/16 FY

Liverpool City Region Combined Authority public notice 15/16 FY

But then, is it reasonable to expect an organisation to know what’s published on its own website and to answer Freedom of Information Act requests accurately or am I asking too much?

Which is the correct answer?

However the information (or to be more accurate part of the information) I requested arrived in the post yesterday (postage around £6.20 as it was special delivery guaranteed by 1pm) with a covering letter from a trainee solicitor and DVD.

Below is what was on the DVD. I did get a further email yesterday with a contract that had been mistakenly left off the DVD too.

Although the internal review clears up the issue about the public notice on Merseytravel’s website, for the Liverpool City Region Combined Authority it should’ve been published on the Liverpool City Region Combined Authority’s website, not Merseytravel’s.

So part of my objection I sent to the auditors yesterday still stands.

The invoices are split by the thirteen accounting periods that Merseytravel used during the 2015 2016 financial year, although why spoil the surprise when you can read for yourself below?

There are some interesting matters to be gleaned from the invoices and contracts, however I don’t have the time at present to blog about them in detail.

Invoices 2015 to 2016 financial year (Merseytravel and Liverpool City Region Combined Authority).

11.3 MARCH3-810124407-0001 Merseytravel LCRCA invoices 2016

11.2 MARCH2-810124324-0001 Merseytravel LCRCA invoices 2016

11.1 MARCH1-810124215-0001 Merseytravel LCRCA invoices 2016

10 FEBRUARY-809164910-0001 Merseytravel LCRCA invoices 2016

9 JANUARY-809164746-0001 Merseytravel LCRCA invoices 2016

8 DECEMBER-809164624-0001 Merseytravel LCRCA invoices 2015 2016

7 NOVEMBER-809164505-0001 Merseytravel LCRCA invoices 2015

6 OCTOBER-809164348-0001 Merseytravel LCRCA invoices 2015

5 AUGUST-810123950-0001 Merseytravel LCRCA invoices 2015

4 JULY-809164206-0001 Merseytravel LCRCA invoices 2015

3 JUNE-809164104-0001 Merseytravel LCRCA invoices 2015

2 MAY-809164000-0001 Merseytravel LCRCA invoices 2015

1 APRIL-809162613-0001 Merseytravel LCRCA invoices 2015

Contracts

1 contract with BLACC Consulting LLP (50 pages)

2 contract with Arriva Merseyside Ltd (14 pages)

3.1 Subsidised Bus Service Contracts (42 pages)

3.2 Subsidised Bus Service Contracts (148 pages)

4. Rolling Stock Project Engineering Consultancy Service Agreement Halcrow Group Limited (38 pages)

5. contract with Bircham Dyson Bell LLP (15 pages)

6. Deed to confirm the Consolidated Concession Agreement relating to the services for the carriage of passengers by railway to be provided by Merseyrail Electrics 2002 Limited (348 pages) (this was an additional contract not originally on the DVD received by email from Merseytravel on the afternoon of Thursday 11th August 2016)

7. TOC Related Services for the Design, Supply and Installation of Passenger Improvements at various Stations as part of the National Stations Improvement Programme (Merseyrail Electrics 2002 Limited) (25 pages)

8. Local Growth Fund (LGF) for Liverpool City Region Sustainable Transport Enhancement Package (Wirral Metropolitan Borough Council) (62 pages)

9. Funding Agreement for Liverpool South Parkway Real Time Information (Merseyrail Electrics 2002 Limited) (26 pages)

10. Merseytravel Consultancy Services Framework Agreement 2015-2019 For Consultancy Services (Various Lots) Kenyon Fraser Ltd (68 pages)

11. Framework Agreement for Consultancy Services for the Design of Travel Marketing Literature Kenyon Fraser Ltd (80 pages)

12. Lease for Mann Island HQ, Liverpool with Commerz Real Investmentgesellschaft mbH (acting on account of its open-ended fund Hausinvest) (74 pages)

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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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What were the top 10 most popular stories on this blog last month in June 2016?

What were the top 10 most popular stories on this blog last month in June 2016?

What were the top 10 most popular stories on this blog last month in June 2016?

                              

Below are links to the ten most popular stories read on this blog last month (June 2016). Eight involve Wirral Council, one Liverpool City Council and the other Merseyside Fire and Rescue Service/Merseyside Fire and Rescue Authority. All except one (the one about the regeneration of Birkenhead Town Centre) were published in June 2016. Two are on the topic of the recent First-tier Tribunal (Information Rights) public hearing involving myself and Wirral Council.

I’m surprised the EU Referendum stories didn’t feature higher up in the list, but as the EU Referendum was held in the last week of June, those stories have had less time to be read than articles published nearer the start of June.

Councillor Steve Foulkes (left) at a Merseytravel Committee meeting (7th January 2016)
Councillor Steve Foulkes (left) at a Merseytravel Committee meeting (7th January 2016)

1. Why has Wirral Council sunk deeper into the quagmire of poor corporate governance surrounding a complaint about Cllr Steve Foulkes? (published 29th June 2016)

2. Secrets about Wirral Council’s Birkenhead Town Centre Regeneration revealed (published 27th December 2013)

3. Labour councillors reject Green Party proposal to reduce Mayor of Liverpool’s Allowance by £89,000 over a 4 year period (published 1st June 2016)

4. Surjit Tour asks Wirral councillors to agree to changes to how complaints about councillors are dealt with (published 3rd June 2016)

5. £206,000 extra for Wirral’s potholes, £170,000 for selling “ornamental pleasure gardens” and a land swap to a body that doesn’t exist! (published 13th June 2016)

6. What did Surjit Tour answer to questions about a Freedom of Information request to Wirral Council at the First-tier Tribunal (Information Rights) hearing (EA/2016/0033) (continued)? (published 22nd June 2016)

7. Disclosure of 46 pages of PFI contractor’s banking details by Merseyside Fire and Rescue Service described as “oversight” (published 14th June 2016)

8. What was in the 11 A4 page witness statement of Surjit Tour (Wirral Council) about a Freedom of Information request for the minutes of a meeting of the Headteachers’ and Teachers’ Joint Consultative Committee (EA/2016/0033)? (published 17th June 2016)

9. Where is your polling station (for Wirral voters) for the 2016 EU Referendum vote? (published 23rd June 2016)

10. Liberal Democrat Leader Cllr Phil Gilchrist calls for cross-party unity on Wirral Council on issue of EU funding withdrawal (published 27th June 2016)

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Why has Wirral Council sunk deeper into the quagmire of poor corporate governance surrounding a complaint about Cllr Steve Foulkes?

Why has Wirral Council sunk deeper into the quagmire of poor corporate governance surrounding a complaint about Cllr Steve Foulkes?

Why has Wirral Council sunk deeper into the quagmire of poor corporate governance surrounding a complaint about Cllr Steve Foulkes?

    
          
          
          
      

Councillor Steve Foulkes talks about the Mersey Ferries at a meeting of the Merseytravel Committee 7th January 2016
Councillor Steve Foulkes (left) talks about the Mersey Ferries at a meeting of the Merseytravel Committee 7th January 2016

Last night yours truly was witness to another spectacular example of democracy at Wirral Council gone wrong. Indeed from democracy being on merely life support, last night seems to have been an attempt to kill it stone dead.

In fact things have got so bad I am officially on strike for part of my job (Leonora can deal with things during this period), but I thought you should realise the reasons why (outlined below).

First, there needs to be some background to this. Panels which decide on complaints about councillors have in the past been decided in public despite officers’ recommendation otherwise such as this meeting in 2012 about an allegedly homophobic comment made by former Cllr Denis Knowles on Facebook.

On Monday evening, at a public meeting of all of Wirral Council’s councillors opposition councillors in the Lib Dem and Conservative parties referred to Labour’s plans to hold more meetings behind closed doors as wrong. The Conservative councillor David Elderton used the quote, “Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men.

However within less than 24 hours, Cllr Moira McLaughlin (Labour), Cllr Chris Blakeley (Conservative) and Cllr Phil Gilchrist (Lib Dems) were indeed having a private meeting behind closed doors about a complaint made about Cllr Steve Foulkes (Labour). There was indeed also one of the independent people (Brian Cummings) to oversee the process, although he too wasn’t invited to all of the meeting which was being held in private.

The rationale for having this meeting behind closed doors relies on Wirral Council exercising a legal power that was repealed by the government years ago. However the public must realise by now that that there’s an attitude at Wirral Council of completely ignoring the legal position by people who don’t care about the constitutional checks and balances on their power. Having in the past years cross examined both Wirral Council’s Monitoring Officer Mr Tour at a recent First-tier Tribunal (Information Rights) hearing and a Wirral Council councillor (Cllr Alan Brighouse) as a defendant in the Birkenhead County Court, I know how strange the culture at Wirral Council is seen by the judiciary and how exasperating the judiciary seem to find the culture at Wirral Council.

Wirral Council exercising a legal power they do not have has become so routine!

The complaint was about Cllr Steve Foulkes, who had brought his legal representative along with him. Cllr Foulkes and his legal representative were allowed to address the Panel in closed session as to why it should not be held in public.

The public however (although technically Cllr Foulkes’ legal representative is also a member of the public) were not invited in so that their side could be heard. Some voices of course at Wirral Council are heard more loudly than others.

Previously Cllr Foulkes, referred to "natural justice" at Wirral Council shortly before the opposition councillors removed him as Leader of Wirral Council. Indeed this is an example of how politicians say one thing on Monday evening, yet behave differently on Tuesday evening.

Indeed getting Wirral Council to stick to its own constitution with its goals of consultation and openness when a "legal representative" is allowed to influence the Panel otherwise is impossible.

All the Panel members are drawn from Wirral Council’s Standards and Constitutional Oversight Committee. Indeed it was at the last public meeting of that Committee that the Panel Members were decided.

Despite s.100/s.100E of the Local Government Act 1972 requiring sub-committees to meet in public (even if they then decide to exclude the public) and there being multiple legal representatives at this meeting to offer the Panel advice, Wirral Council seems to instead insist that we provide "evidence" that a sub-committee is a sub-committee and indeed of their legal obligations to hold sub-committees in public.

Indeed as evidence I quote from their own minutes of the Standards Committee meeting held on the 4th July 2011, which can be read on their website here:

"The Director of Law, HR and Asset Management informed the Committee that the report at Item No. 7 on the agenda – Review of a Recent Standards Complaint – had marked on it, in error, a paragraph (7c) of Part 1 to Schedule 12A of the local Government Act 1972 that did not exist."

Indeed if it is a sub-committee the legal requirement for 5 days published notice of the meeting and its agenda weren’t given either.

However for the last 5 years, Wirral Council’s councillors have relied on a legal provision that Bill Norman (previous Monitoring Officer) told them in 2011 "does not exist" as the reason for holding complaints about councillors behind closed doors.

Despite numerous revisions of their constitution they haven’t bothered to update it to take this out.

The Monitoring Officer commented on my views on this at the last public meeting of the Standards and Constitutional Oversight Committee in response to a letter I wrote. He and I unfortunately disagree on a few points.

Sadly the main questions in that letter were left unanswered which led to the impasse last night. However despite the Monitoring Officer having legal obligations (see s.5A Local Government and Housing Act 1989), advising the panel was the Monitoring Officer’s line manager, the Deputy Monitoring Officer Joe Blott (Strategic Director for Transformation and Resources). For anyone reading this who’s not aware, the Strategic Director level at Wirral Council is basically someone who is line managed by the Chief Executive.

So it’s completely understandable that Mr. Tour can’t intervene when it involves his own line manager! After all even I wouldn’t be stupid enough to cheese off my line manager!

However, back to the meeting of the Panel itself. The meeting was adjourned, then Cllr Foulkes was invited back in. We went back to Committee Room 2 with him at about 6.50 pm, only for Cllr Foulkes to be asked to leave and for us to get shouted at.

Because of course the culture at Wirral Council is one of shouting at people. Since Emma Degg left (she was in charge of the public relations side of Wirral Council) there’s been a power vacuum (which perhaps partly explains this recent plan agreed on Monday morning for a Wirral Council newssheet being sent to residents monthly). Kevin McCallum does his best but after years of the press being bullied by politicians and frankly too much bad news to report on at Wirral Council relations between Wirral Council and the press have been problematic.

Indeed views were expressed to me that evening that employees would rather be getting on with their jobs rather than having to deal with meetings at Wallasey Town Hall.

The person who made this complaint (Cllr Jeff Green) along with the person it was about (Cllr Steve Foulkes) along with us (myself and Leonora Brace) were not allowed to go into the “meeting” in the two hours we were kept waiting apart from what I referred to earlier.

Possibly one or both were invited in after we left.

Oh and I forgot to say, Mr. Tour has advised councillors could (or possibly would) be subject to disciplinary procedures if they talk to the press about these matters.

So what is Cllr Foulkes accused of? He can’t tell us. He’s been gagged.

What is in Cllr Green’s complaint? He can’t tell us. He’s been gagged.

What are the Panel’s views (Cllr Moira McLauglin, Cllr Chris Blakeley and Cllr Phil Gilchrist) on the matter and indeed what was decided? You’re not allowed to know.

Indeed if the Panel decides Cllr Foulkes did nothing wrong and he decides he doesn’t want the decision made public indeed we may never know!

And the above sums up why it is getting nearly impossible to my job reporting on Wirral Council. I think it’s about time I started publishing election expenses returns instead, starting with two councillors who were on the Panel…

Updated 11th July 2016: I have made a FOI request for some of the documents for this meeting here.

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