Category: libraries

Marvin the Martian returns to talk about closure consultations involving Lyndale, fire stations (2) and libraries

Marvin the Martian returns to talk about closure consultations involving Lyndale, fire stations (2) and libraries

Marvin the Martian returns to talk about closure consultations involving Lyndale, fire stations (2) and libraries

                                                  

Marvin the Martian from Disney's Looney Tunes
Marvin the Martian from Disney’s Looney Tunes

The below is a fictional interview with Marvin the Martian about Lyndale School. Marvin the Martian is trademarked to Warner Brothers Entertainment. Our legal team point out their trademark doesn’t actually cover its use on blogs but in case they try to argue this blog is an “entertainment service”, it isn’t, so no laughing! Yes I mean it, not even a smile! We also point out it’s not an infringing use of class 9 of this trademark as that refers to its use on goods rather than virtually.

We rely on s.30 of the Copyright, Designs and Patents Act 1988 and class this as “fair dealing” due to the acknowledgement above. As the The Copyright and Rights in Performances (Quotation and Parody) Regulations 2014 came into force earlier this month, we’ll rely on this too and the new section 30A on parody.

If you are reading this from the UKIP party and are planning to leave a comment questioning the immigration status of Marvin the Martian or disagreeing that he should have any say whatsoever about British politics, we humbly point out that although is not British, he is a fictional character and figments to people’s imagination do not have to have permission to come here.

MARVIN THE MARTIAN: The Martian High Command have asked me to survey the Wirral to try to understand its people and politics and write a report back but I find it all very confusing.

JOHN BRACE: Good luck with that! Even I don’t fully understand the Wirral people and its politics.

MARVIN THE MARTIAN: Well we have a few areas we are unsure of. Let’s start with Greasby.

JOHN BRACE: Yes, Greasby, I know where that is.

MARVIN THE MARTIAN: Well, we are very confused. We hear reports on your media of a consultation meeting in Greasby about fire stations, but people turned up but weren’t allowed to go to it? What sort of consultation on closure is that?

JOHN BRACE: I wasn’t there, I was covering a public meeting of Wirral Council at the time. Had I turned up I wouldn’t have been allowed in either as the place has to be able to be safely evacuated in case of a fire so has a set capacity. There is however a little irony there as it’s the Merseyside Fire and Rescue Service who are doing the consultation. However the Merseyside Fire and Rescue Service have informed the Merseyside Fire and Rescue Authority before that not many people at all turn up to their other fire station closure consultation meetings. So maybe they’re not used to large numbers of people turning up to public meetings?

MARVIN THE MARTIAN: Well don’t Wirral Council own the land in Greasby that has the library, the Children’s Centre and other well-loved buildings on? Haven’t they offered (subject to the outcome of the consultation, a further decision and planning permission) a lease?

JOHN BRACE: Yes it does and that’s the Chief Fire Officer’s currently preferred site for the new fire station if Upton & West Kirby close. Yes, they have offered them a lease (subject to the outcome of the consultation, a further decision and planning permission).

MARVIN THE MARTIAN: So why do the people of Greasby have a problem with their library closing?

JOHN BRACE: It’s historical, see your historical files on Earth. The Labour government minister at the time requested a public inquiry into library closures in 2009 so Labour councillors and the Lib Dems councillors were forced into a U-turn. Wirral people seem to still remember that and libraries for a number of years after libraries became a sacred cow of Wirral politics. However Cllr Foulkes said in the recent past that libraries shouldn’t be spared from the cuts and scrutiny.

MARVIN THE MARTIAN: And what else is happening on libraries and children centres?

JOHN BRACE: Well on libraries there’s a proposal to reduce opening hours at certain libraries. The decision to consult on the closure of children’s centres has been “called in”, the committee met to consider the “call in” then got adjourned. The committee is planning to meet again on the 12th November 2014 at 6.00pm. However its Labour Chair Cllr Moira McLaughlin was cheered up by some news.

MARVIN THE MARTIAN: What news would that be, a U-turn on closing the children’s centres?

JOHN BRACE: No, the news that Cllr Chris Blakeley (Conservative spokesperson) has left the call in committee and been replaced by a different Conservative councillor.

MARVIN THE MARTIAN: Why would she be pleased?

JOHN BRACE: They have a history of, well how do I put it as diplomatically as possible without taking sides, arguing passionately with each other in public?

MARVIN THE MARTIAN: So let me get this straight, they had a public inquiry into Wirral’s library closures which had been driven through by the then Leader of the Council Cllr Steve Foulkes at the Floral Pavilion chaired by Sue Charteris?

JOHN BRACE: Yes.

MARVIN THE MARTIAN: Then a few years later Wirral Council made Cllr Foulkes Mayor in exactly the same room Mayor, also at the Floral Pavilion?

JOHN BRACE: Yes.

MARVIN THE MARTIAN: Wow. This Cllr Foulkes guy sounds interesting. However back to Greasby. Which political party has the three local councillors in Greasby, Frankby and Irby?

JOHN BRACE: The Conservatives.

MARVIN THE MARTIAN: And the MP in Wirral West?

JOHN BRACE: The Conservatives.

MARVIN THE MARTIAN: And political control of the Merseyside Fire and Rescue Authority is in which party’s hands?

JOHN BRACE: Labour.

MARVIN THE MARTIAN: Ha, ha, ha. So Labour want to close a few fire stations in Wirral West to cause trouble?

JOHN BRACE: Labour will say they blame the Conservative/Lib Dem government or alternatively they’ll let the unions say roughly the same thing. However the unions have already gone on strike.

MARVIN THE MARTIAN: I thought politicians weren’t allowed to be “party political”, however isn’t Esther McVey some type of government minister too?

JOHN BRACE: Yes. She’s currently the Minister for Employment so you can imagine how the public sector unions such as the Fire Brigades Union and other unions feel about that.

MARVIN THE MARTIAN: Isn’t she facing a General Election in about six months time in what is a marginal seat?

JOHN BRACE: Yes, the unions/Labour Party are already trying their best to replace her with the Labour candidate. See fracking and other issues.

MARVIN THE MARTIAN: That’s enough about Greasby, libraries, children’s centres and Esther McVey though, what’s happening in Birkenhead?

JOHN BRACE: The Rt Hon Frank Field MP is telling people that antisocial behaviour is a bad idea.

MARVIN THE MARTIAN: Really, is he referring to Cllr Phil Davies and his plan (currently out to consultation again) to close Lyndale School?

JOHN BRACE: Don’t be silly! He’s doesn’t mean it like that! He doesn’t mean his own Labour Party! By the language used in press articles he’s referring to young people.

MARVIN THE MARTIAN: Ahh so the Rt Hon Frank Field MP isn’t picking on the disabled but he’s picking on young people, why do politicians always scapegoat young people? Isn’t Alison McGovern MP, MP for Wirral South in fact younger than you are?

JOHN BRACE: Now you’re making me feel old! Yes she is. Politicians scapegoat young people to play to their base. Politicians of all parties do it. Political parties have a history of having major political disagreements with their own party’s youth wing. See Lib Dems and tuition fees as a recent example of that. However the youth wing of political parties also represents the future of that party, so annoying them can be very short-term thinking.

MARVIN THE MARTIAN: And Alison McGovern is the MP where Lyndale School is?

JOHN BRACE: Yes. She’s MP for Wirral South, another marginal seat.

MARVIN THE MARTIAN: And as a Labour MP, if the Labour Cabinet decide to close Lyndale School before the election in May 2015 does that harm her chances of reelection next May?

JOHN BRACE: It would make it look (to some voters) if that happened like she had little influence over her own political party’s decision-making process (which isn’t entirely true but that would probably be how it would be spun in the press by her opponents).

MARVIN THE MARTIAN: Ahh, but I thought officially the Labour Cabinet on Wirral Council had an “open mind” on the subject of closing Lyndale School?

JOHN BRACE: Please don’t get me started on that topic. There is a second consultation on it now, but I doubt Wirral Council would accept consultation responses from fictional characters.

MARVIN THE MARTIAN: So to sum up, there’s an election coming where everyone that can vote will get two votes, one for councillor, one for MP?

JOHN BRACE: Yes, “vote early and vote often (but no more than twice)” I could write if I was being slightly flippant!

MARVIN THE MARTIAN: And in the lead up to elections you get election promises, vote for me and I’ll do this (or my party will do this)?

JOHN BRACE: Yes, even promises they know they can’t possibly keep after the election.

MARVIN THE MARTIAN: Are you implying party political candidates would deliberately lie about themselves and their own political party?

JOHN BRACE: I’d probably get sued or face an injunction if I answered that honestly! However you can’t libel a political party or a local council. Elections at their heart are a popularity contest and a battle for hearts and minds, so political parties will tell people what they think they want to hear.

MARVIN THE MARTIAN: Oh dear. So after the election a lot of people will be disappointed?

JOHN BRACE: They always are, before, during and after. Some of them have even given up on voting or being engaged in the political process.

MARVIN THE MARTIAN: That’s sad really. Well I’ll put all this in my report to the Martian High Command. Thanks for the interview!

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Isn’t it time Cllr Phil Davies remembered his 2009 U-turn on closure of Ridgeway and did the same now on Lyndale?

Isn’t it time Cllr Phil Davies remembered his 2009 U-turn on closure of Ridgeway and did the same now on Lyndale?

Isn’t it time Cllr Phil Davies remembered his 2009 U-turn on closure of Ridgeway and did the same now on Lyndale?

                                                                                      

Councillor Tony Smith (Cabinet Member for Children and Family Services) at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney and Lyndzay Roberts
Councillor Tony Smith (Cabinet Member for Children and Family Services) at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith (Cabinet Member for Children and Family Services), Cllr Bernie Mooney and Lyndzay Roberts

I wrote yesterday about “Is Lyndale School under threat just so Wirral Council can provide a further £2 million to a company that already has plenty?” , so I thought today I’d write a little more on the topic.

Last year, Wirral Council wanted to introduce a banding system for the extra costs at special schools. However at the last-minute they withdraw their application to the Secretary of State to do this.

Despite the fact it actually couldn’t be implemented in 2013-14, the policy was agreed by a close 8:7 vote at a call in meeting back in February 2014, so if it gets implemented next year for band 5 children at Wirral Schools the top up element for band 5 children is capped at £16,000 (this is in addition to the £10,000 each school receives per a child).

If however a child with special needs based on the Wirral is at a school outside Wirral or at an independent special school (such as West Kirby Residential School) on the Wirral this £16,000 upper limit at least by my reading of the policy doesn’t apply.

When questioned at the Coordinating Committee meeting on October 2nd 2014 and asked to explain this unfairness, David Armstrong (Assistant Chief Executive) explained that because independent schools are run as a business, Wirral Council pay more to independent schools because such businesses are run to make a profit.

I used to go to an independent school, called St. Anselm’s College. Between the ages of 12 and 14 the school complained bitterly at people like myself whose places were funded by Wirral Council because we were all told many times that the school got (if memory serves me correct nearly 20 years later so I may be a little rusty on the figure) £100 per a term less than this was actually costing them and this meant in effect they had to cross subsidise the education of people like myself by putting fees up. Across about 35 pupils, this was a deficit of about £10,000 a year at 1992 prices.

The school felt (or maybe influential parents on the board of governors felt) it was unfair to expect the well off parents to subsidise the education of other students and they chose to opt out of the local system becoming grant maintained in the mid 1990s (as grant maintained schools no longer exist it is now called an academy).

In other words even when I was actually a child in the Wirral education system (and too young to vote), I was being made aware of how angry (and let’s face it political) schools got at Wirral Council’s funding formula a whole two decades ago! This may sound awful to write like this but to a lot of large schools, each child at the school meant £x,xxx a year, which meant management trying to balance the books each year veered towards seeing children as a source of income and forgot that people prefer to be treated as people and not a line on a balance sheet. Each year children got old enough to leave, so there was the usual advertising in the local newspapers and open evenings each year to try and persuade parents to pick that particular school for their children.

That is the mistake that I sadly feel politicians and upper management at Wirral Council have made. It is very easy to just see Lyndale School as a line on a balance sheet and that there’s an underspend in the budget for closing schools and try and spend that budget. The debate has sadly got too much about money and dare I write the unthinkable “nobody really understands the full complexities of education funding anyway”?

It’s harder to look at the social fabric of what makes up a school, not just the staff and children at it but its place in the community. To give one example of this there’s the history of a school and the fond place in the hearts of people who no longer have children there but did at one stage. These are not factors that can never truly be measured by accountants at Wirral Council. Unlike other consultations, the consultation responses made to the Lyndale School closure weren’t published by Wirral Council, although you can read them as an exclusive on this blog.

In the recent past there was a move to close Ridgeway High School (a secondary school) here in Birkenhead. Ridgeway was the controversial political issue back then (I even remember speaking on TV about it), there was a large petition of thousands against closure handed in to Wirral Council and a call in meeting held in the Council Chamber which a lot of people associated with the school attended. It was controversial, but in the end in 2009 the Labour/Lib Dem Cabinet did a U-turn and Rock Ferry closed instead. The rest as they say is history.

Back then Cllr Phil Davies was the Cabinet Member for Education and was quoted as saying this about that U-turn in the Liverpool Echo, he said that it was a “pragmatic decision, based on the clear view from Ridgeway that they do not want to be part of these options” and “We are not going to force the school to close and be part of a review which they now no longer wish to be involved in.”

In the interests of balance I will point out the same article has a quote from Cllr Stuart Kelly saying he is “delighted” and this quote from Cllr Jeff Green “The Cabinet really must start thinking things through before making such critical decision on the future for Wirral residents. The anguish and alarm the decision to close Ridgeway created was wholly avoidable by a simple application of common sense, it would also have prevented this subsequent embarrassing climb down.”

Now, five years later when somebody else is Cabinet Member for Education (Cllr Tony Smith) and Cllr Phil Davies is Leader of the Council where have those fine principles of pragmatism that Cllr Phil Davies displayed back in 2009 gone? Where is the politician’s desire to actually represent the views of thousands of people that signed a petition against closure of Lyndale? Try replacing Ridgeway in those quotes with Lyndale and you will get the following two quotes (the kind of words I’m sure plenty of people wish Cllr Phil Davies would actually say):

Cllr Phil Davies that it was a “pragmatic decision, based on the clear view from Lyndale that they do not want to be part of these options” and “We are not going to force the school to close and be part of a review which they now no longer wish to be involved in.”

and Cllr Jeff Green “The Cabinet really must start thinking things through before making such critical decision on the future for Wirral residents. The anguish and alarm the decision to close Lyndale created was wholly avoidable by a simple application of common sense, it would also have prevented this subsequent embarrassing climb down.”

Certainly if those words were said today (and for the sake of everyone involved in this let’s hope something similar is said in the near future!), Cllr Jeff Green’s position would seem to be entirely consistent over time if you compare Ridgeway in 2009 to now. Ridgeway of course is and was back then a much larger school that Lyndale is, so therefore had the clout back then and political influence to make sure it was never closed.

Why does the Cllr Phil Davies of 2014 over Lyndale not display the same sense of pragmatism he showed over Ridgeway in 2009? What’s happened in the last five years? I know U-turns are embarrassing for politicians to make, but he should take a really long, hard look at one of his predecessors as Leader of the Council Cllr Steve Foulkes who refused to U-turn on library closures until the Minister launched a public inquiry and learn the lesson that that it can be disastrous for the Labour Group’s reputation to rely on the “professional” advice of Wirral Council officers and listen to those Wirral Council officers more than the views of many Wirral residents. Aren’t politicians supposed to be there to represent the public in the political process?

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Councillors to decide soon on starting 12 week consultation on closure of West Kirby and Upton fire stations

Councillors to decide soon on starting 12 week consultation on closure of West Kirby and Upton fire stations

Councillors to decide soon on starting 12 week consultation on closure of West Kirby and Upton fire stations

                                                   

Merseyside Fire and Rescue crew 2nd September 2014
Merseyside Fire and Rescue crew 2nd September 2014

A key meeting of the Merseyside Fire and Rescue Authority will decide on Thursday 2nd October 2014 whether to consult on the closure of Upton and West Kirby fire stations (on the Wirral). Fire officers are asking councillors (which includes four Wirral Council councillors) to agree on consultation on the closure plans.

If politicians agree to a consultation it will run from the 3rd October 2014 for twelve weeks.

One of the more controversial aspects to this closure plan is it involves building a new fire station on Frankby Road, Greasby on a piece of land now owned by Wirral Council (used for a library, children’s centre (there is a current consultation on closure of these run by Wirral Council), community centre and other uses.

Negotiations between Wirral Council and Merseyside Fire and Rescue Authority have been ongoing for some time. If the consultation went to plan and the other two fire stations closed, the site on which the library, community centre and children’s centre would be cleared. In its place a new fire station, library and community space would be built. Indicative floor plans might be available by the date of the meeting on Thursday.

Agreement in principle to a lease from Wirral Council to Merseyside Fire and Rescue Authority has been given by Wirral Council officers, but no action will take place until the consultation has taken place.

After the consultation, a further report will come back to the Merseyside Fire and Rescue Authority in order for a decision to happen. However closing two fire stations will lead to an increase in response times. There will however be a saving in salaries (of about £900,000 a year) by having one fire station instead of two.

Building a new fire station at Greasby will cost about ~3.45 million, however this could be offset by selling the land that Upton and West Kirby fire stations are now on. Mersey Fire and Rescue Authority is hoping to get a DCLG grant of £1.5 million towards the cost of building the new fire station and will hear back from DCLG on that towards the end of the year.

Any difference will be met from reserves built up in part by a underspend in last year’s budget. The capital costs of the project (appendix H) are being kept secret for commercial reasons (whether this is the Fire Authority itself, DCLG and/or a third-party is a little unclear).

The report and nine out of its ten appendices can be found on the Fire Authority website.

Wirral Council now have four representatives on Merseyside Fire and Rescue Authority. These are Labour (3) Cllr Denise Roberts, Cllr Jean Stapleton and Cllr Steve Niblock and Conservative (1) Cllr Lesley Rennie.

Currently the makeup of the committee that will make a decision on Thursday in Bootle comprises up of 16 Labour councillors, 1 Lib Dem councillor and 1 Conservative councillor.

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Cllr Steve Foulkes “I daren’t pick on the libraries because of my past”

Cllr Steve Foulkes “I daren’t pick on the libraries because of my past”

Cllr Steve Foulkes “I daren’t pick on the libraries because of my past”

                           

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Cllr Steve Foulkes had this to say about the Internal Audit update and its appendix presented to the Audit and Risk Management Committee, which starts at 20:20 in the video above.

He said, “Yeah, well I mean this report is good and it’s followed every month by the updated report on work that’s going on and I’m glad this work’s going on, but I think audit and risk can be a pretty dull committee for its old hands but I think what we should always try to do is put what we’re learning and what we’re investigating back into the real world in many ways.

If you look at the report around the libraries, and I’m not going to go into a debate about that, I’ve got too many scars over that. However, however, I need to be reassured that this isn’t an aspect of the service either because of the changes that have to be made or changes that are coming about or just a general poor management that’s taken place because often things like this are not just a symptom of poor regulatory or financial issues but are lack of morale, lack of motivation, lack of care in the service or a feeling perhaps sometimes of you know well ‘we’re untouchable, nothing else will happen’.

We’ve got twenty-four libraries, I think that the decision has been made that those assets are vital assets and the community have made an opinion about them, but at the same time they have to be run extremely efficiently, like every service that we have to justify what they’re doing and we’re asking them to take on more and more.

There’s no reason why the libraries shouldn’t be part of the front line sort of places where people do business and have trust in. So I’m just sort of saying that this has been investigated. If it’s a general malaise or a general lack of management or misunderstanding then certainly you know we are combining one stop shops with libraries, they are coming more along and if we’ve got twenty-four, there again we’d better make sure we get every single pennies worth of value out of them for the future. So I’m, what I would like to do on this is committee is actually use the audit in a broader way to draw attention to what is happening with the rest of the Council.

Likewise in 2.2, the Invigor8 direct debit, one of the ways the Council needs to become more efficient is encourage more people to do things like that with direct debit, the most you know quickest, cheapest form of transaction. So if 100% of the population did everything by direct debit, there would be considerable savings, so when we have a direct debit system that undermines public confidence in the Council and how it delivers those systems it makes alarms bells ring a little bit more in my head and says, ‘Come on, you know we can’t, we’ve got to be so spot on.’

We are actively, I hope actively tempting people to use and address Council services in the cheapest way for us and therefore protect more services that are not available. So I like to look underneath the headlines of you know, we made a mistake there some people I believe got £400 debit as opposed to a £40 debit. How many people will they have told about that? How many people will they say, ‘Don’t do a direct debit with the Council, they get it wrong!’

So my view is that you know these points can’t just be brushed over and say oh well it’s just you know librarians can’t manage money, well they have to if that want to work for the Council. Anybody has to manage money efficiently and our job of the audit is to see those signals and ask some more searching questions about what’s going on underneath.

You know if I just read that one particular site and I’m not saying this now I’m picking on the libraries, I daren’t pick on the libraries because of my past but as I say we’re asking them to become more front line, more proactive if they need to understand anything else. So I’m asking those questions, maybe Mark on my behalf could ask one of the heads of service who might be able to understand what’s going on on the ground.”

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2009 Public Inquiry into Wirral Council’s library closures including Bill Norman’s email and Sue Charteris letter

2009 Public Inquiry into Wirral Council’s library closures including Bill Norman’s email and Sue Charteris letter

2009 Public Inquiry into Wirral Council’s library closures including Bill Norman’s email and Sue Charteris letter

                               

Reading through the Wirral Council’s response to critical reports 2010-2013 there is one report not included because it was published about a month before the cutoff date of 2010, it’s the report written by Sue Charteris following the public inquiry ordered by the Secretary of State into Wirral’s library closure program held at the Floral Pavilion which describes Wirral’s failure in these terms “The Public Inquiry into Wirral Metropolitan Borough Council’s (MBC) Library Service has found the Council’s decision to restructure its Library Service to be in breach of its statutory duties under the Public Libraries and Museums Act 1964, to provide ‘comprehensive and efficient public Library Services for all persons desirous to make use thereof'”

The text of Bill Norman’s email to councillors who received a copy of the draft report, before the final report was published is below along with a link to the letter from Sue Charteris (marked private and confidential).

From: Norman, Bill D.
Sent: 13 October 2009 18:03
To: Councillors
Cc: Chief Officers; Lester, Jim L.; Degg, Emma J.; Lyon, Rosemary A.; MacLaverty, Paula K.; Pennington, Abigail; Watts, Margaret
Subject: Extraordinary Council – 12 October 2009

Dear Councillor

Following last night’s Extraordinary Council meeting, please find attached a copy of the letter dated 27 July 2009 from Sue Charteris to me. The letter enclosed two copies of the draft Report prepared by Ms Charteris following the two day Wirral Libraries Public Inquiry.

The 27 July letter makes it clear that the draft Report was provided to me on the basis of a specific obligation of confidentiality. Because Sue Charteris was appointed by the Secretary of State to conduct the Libraries Inquiry, her requirements as to confidentiality are the requirements of the Secretary of State and are legally enforceable. This has the effect of making the draft Report ‘confidential information’ for the purposes of Part 5A of the Local Government Act 1972.

Confidential information is different to ‘exempt information’. With exempt information, Members may resolve to exclude the press and public from meetings; but it is a matter for their discretion. (In addition, Part 5A of the 1972 Act provides for all Members generally to have an entitlement to receive exempt reports.) Confidential information is different: the Council must comply with the terms upon which the information is provided. Section 100A(2) of the 1972 Act expressly makes clear that nothing in Part 5A authorises or requires the disclosure of confidential information in breach of the obligation of confidentiality.

In line with the terms of the obligation of confidentiality in the 27 July letter, I have only circulated the draft Report to those Members within the Cabinet and those officers from whom I needed comments prior to responding to Sue Charteris. That response by me to Sue Charteris is also covered by the same obligation of confidentiality. The obligation of confidentiality remains in place and no Member or officer should publicly discuss the contents of the draft Report prior to the Secretary of State’s decision being published.

As was pointed out last night, the 27 July letter does not list the names of who may see the draft report. As the recipient of the letter, that judgement fell to me and I accept personal responsibility for my decision in that regard (this was not a matter on which I took any external legal advice). However, I wish to emphasise that my decision was absolutely not intended to be a reflection as to any individual Member’s ability to respect confidences.

I was asked last night to list those persons to whom I have shown a copy of the draft Report. Although I do not believe that there is any legal obligation on me to disclose this information, equally I understand the exceptional level of interest in this matter. I have therefore decided to provide that information.

In order to enable me to respond to Sue Charteris on the contents of her draft report (which was a combination of factual corrections, clarifications and legal arguments) copies of the draft report were provided to the following persons:

Steve Maddox, Chief Executive
Jim Wilkie, Deputy Chief Executive
Alan Stennard, Director of Regeneration
Ian Coleman, Director of Finance
Howard Cooper, Director of Children and Young People
Jim Lester, Head of Cultural Services
Emma Degg, Head of Tourism and Marketing
Rosemary Lyon, Interim Head of Legal and Member Services
Councillor Steve Foulkes, Leader of the Council
Councillor Simon Holbrook, Deputy Leader of the Council
Councillor Phil Davies
Councillor Gill Gardiner
Councillor Bob Moon

Under the Public Libraries (Inquiry Procedure) Rules 1992, the Final report by Sue Charteris will either be published with the Secretary of State’s Decision letter, or will be available on request by any person who appeared at the Inquiry and asked to be notified of the Decision (which I believe will include a number of Councillors who spoke at the Inquiry). Given that the Final report will become public knowledge, in my view there cannot be any ‘public interest’ justification for disclosing the contents of the Report prior to the Secretary of State’s Decision. In the light of this, any Councillor who breaches the obligation of confidentiality would also be likely to be in breach of the Members’ Code of Conduct.

If any Member wishes to have more information of the legal framework for my decision, or on the Public Libraries (Inquiry Procedure) Rules, please let me know.

I have no objection to this email being shared with the press or public. However, the attached letter was written by Sue Charteris and I ask that you seek her permission before disclosing it to anyone else.

Regards

Bill

Bill Norman
Director of Law, HR and Asset Management
Wirral Council

Tel: 0151 691 8497
billnorman@wirral.gov.uk

Visit our website www.wirral.gov.uk
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Wirral Public Library Inquiry_0001.pdf

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