Category: Wirral Council

Labour U-turn on filming of Wirral Council public meetings

Labour U-turn on filming of Wirral Council public meetings, a report on the second reading of the Local Audit and Accountability Bill including quotes from the Rt Hon Eric Pickles MP and Hilary Benn MP on the subject of filming Council meetings

Labour U-turn on filming of Wirral Council public meetings

                          

It’s rare I write a blog post on a Sunday but I thought it best to write an update about how the issue of filming of council meetings (at least in England) is progressing as it was discussed in the House of Commons on Monday 28th October as part of the second reading of the Local Audit and Accountability Bill.

I will quote from what MPs said in that debate along with my own comments on what was said. The quotes are from Hansard, you can also watch video footage of the debate on Parliament TV (the date was Monday 28th October 2013), but as the debate went on for many hours it can be difficult to find the parts about filming.

First to speak on this issue was the Minister for Communities and Local Government, the Rt Hon Eric Pickles MP who said, “Perhaps our most significant proposal is to give people the right to film, blog or tweet at council meetings. Some councils would prefer meetings to be held behind closed doors, but the public has the right to see decisions being taken and how the money is spent.

A private Member’s Bill promoted by Mrs Thatcher introduced the right to attend council meetings back in 1960, and that in turn built on a law introduced by the Liberal Government of 1908, so this is truly a coalition of minds. It is right that we should now bring her legacy up to date for the digital age. We have previously amended secondary legislation to open up councils’ executive meetings and have encouraged councils to open up their full council and committees. Many have refused, however, citing health and safety, data protection or just standing orders. Tower Hamlets said that such a change would lead to “reputational damage”. Well, yes, it probably will when people see what is going on in their council chambers. There have even been cases of the police being called to threaten bloggers with arrest. We will therefore make the necessary changes to primary legislation to allow full councils and committees to be open as well.

Our argument is that the coalition Government are scrapping the top-down red tape of Whitehall inspection and micro-management. That will save taxpayers’ money and help to devolve power, but it must go hand in hand with local transparency and accountability. We must ensure an independent free press and scrutinise and challenge bad decisions by councils. Individual taxpayers and the new wave of citizen journalists must be let in to conduct their own scrutiny. We are localising audit and scrapping protection, while ensuring that there is protection against the bad old days of municipal corruption. In short, the Bill will deliver greater openness, stronger local democracy, accountability and significant savings for the taxpayer. I commend it to the House.”

My comments on what Eric Pickles said are that currently the public (and press) already have the right to film, blog and tweet at Wirral Council meetings already which is granted to them by article 10 (freedom of expression) of the Human Rights Act 1998 c.42. It is unlawful for any council to act in a way that is incompatible with article 10 (freedom of expression) due to section 6 of the Human Rights Act 1998.

The legislation introduced by Margaret Thatcher referred to by the Rt Hon Eric Pickles MP is the Public Bodies (Admission to Meetings) Act 1960 c.67. The secondary legislation referred to by the Rt Hon Eric Pickles MP is the more recent Local Authorities (Executive Arrangements) (Meetings and Access to Information) (England) Regulations 2012 (which at Wirral Council only applies to Cabinet meetings and decisions made by individual Cabinet Members).

“Many have refused, however, citing health and safety, data protection” seems to be a reference to Wirral Council, this tweet below of mine from June shows my frustration as both reasons were given in reference to a Planning Committee meeting, the same reasons (although apart from that one Planning Committee meeting not used together at the same meeting) have been given at other Wirral Council meetings in the past twelve months too. Wirral Council have never given standing orders as a reason as there isn’t anything in their current constitution (or past constitution) about it. Personally I’ve never been threatened with arrest or the police for trying to film a meeting, although in other parts of the UK people have.

Hilary Benn MP, Labour’s Shadow Secretary of State for Communities and Local Government said on the issue of filming, “We will therefore support that change, and also the proposal that councils in England should allow the recording and videoing of council and committee meetings. In this day and age, big changes in technology make recording and videoing readily possible, and I cannot see the difference between sitting in a meeting, listening and writing down what is being said, or—for those who have shorthand—taking a verbatim record, and making one’s own recording.

As the Secretary of State acknowledged, a new generation of bloggers is relating to politics in a different way, which we should all warmly welcome—frankly, the more people who get to hear what their local council is doing, the better. Who knows? Perhaps this House will one day follow suit and allow those watching us to keep their own records of proceedings—indeed, I may one day be tempted to record the Secretary of State from across the Dispatch Box. I have, however, a sneaking suspicion that Brass Crosby—who, as some Members will know, was committed to the Tower of London in the 1770s for daring as Lord Mayor to release a newspaper editor who had had the audacity to report what was happening in Parliament—and indeed Thomas Hansard, after whom the Official Report is named, would both thoroughly approve of that change.”

The reason why this would only apply to councils in England is because in the other parts of the UK (Wales, Scotland and Northern Ireland) that it’s up to the Welsh Assembly Government, Scottish Parliament or Northern Ireland Assembly to decide whether they want this sort of change. Hilary Benn is right that at the moment anyone could publish a verbatim account of Council meetings, the main difference between that and an audio recording is that an audio recording also records how something is said.

Video adds an extra element of body language though, not just of the person speaking but of the reaction of other politicians to what’s being said. Hilary Benn also went as far as to tweet about this (his tweet is below):

I welcome Hilary Benn’s tweet and Labour’s support for a change in the law to make things clearer to local councils. I have seen in the past Labour councillors criticise during a Council meeting one of the opposition councillor groups for taking a different policy position to that of their party nationally. I hope Wirral Labour councillors will take heed of the tweet of their frontbench spokesperson Hilary Benn on the matter.

The next stage in the Local Audit and Accountability Bill’s progress through the House of Commons is the Committee stage which was on November 4th at 4pm in Committee Room 13 at the Palace of Westminster (ironically for a bill with accountability in the title this stage is being held in private not public). I’m sure myself and many other bloggers in England will be keen to follow this bill and await the text of the amendments to the Local Audit and Accountability Bill in relation to filming with interest.

The tweet of Labour’s spokesperson nationally on this issue will hopefully prevent any attempts by Wirral Labour councillors at censorship of filming of Wirral Council meetings between now and when the bill becomes law, as if they do try to stop filming they will lay themselves open to the criticism they make of others in saying one thing nationally, but doing another at the local level.

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Planning Committee (Wirral Council) 31st October 2013 Minutes, Declarations of Interest and Site Visits

Planning Committee (Wirral Council) 31st October 2013 Minutes, Declarations of Interest and Site Visits

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Planning Committee (Wirral Council) 31st October 2013 Minutes, Declarations of Interest and Site Visits

                         

After the Chair explained who people were and the procedures they’d use. The minutes of the meeting held on the 26th September 2013 were approved without any alterations and the Planning Committee moved to declarations of interest.

Cllr Stuart Wittingham declared a personal interest in item 4 (APP/13/00404: Shell Service Station, Church Lane, Woodchurch, CH49 7LR – New single storey retail unit).

Cllr Geoffrey Watt explained that he had been a lately agreed deputy to the Planning Committee and had previously met with the objectors to item 15 (APP/13/01144: Co Operative Food Store, Frankby Road, Newton, CH48 9UU – The installation of a new ATM and shopfront sections) at a time when he was planning to speak on their behalf as their ward councillor. He declared a prejudicial interest in this item and stated he would leave the room while it was discussed.

Cllr David Elderton requested site visits for item 9 (APP/13/00980: The Shieling, 60 Pipers Lane, HESWALL, CH60 9HN – Two Storey detached domestic property) and item 19 (APP/13/00956: 9 Garden Hey Road, Meols, CH47 5AS – Erection of a single storey rear extension, garage conversion and alterations to existing roof to include a hip to gable and rear dormer). Cllr Anita Leech requested a site visit for item 4 (APP/13/00404: Shell Service Station, CHURCH LANE, WOODCHURCH, CH49 7LR – New single storey retail unit). The three requests for site visits were agreed by the Planning Committee.

The Planning Committee then discussed the first planning application which was item 6 (OUT/13/00826: Paddock, KINLOSS ROAD, GREASBY, CH49 3PS – Outline application for development of 4 residential units, and the provision of amenity open space).

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Council (Wirral Council) 14th October 2013 Questions to the Cabinet Member for the Governance and Improvement (Cllr Ann McLachlan)

Council (Wirral Council) 14th October 2013 Questions to the Cabinet Member for the Governance and Improvement (Cllr Ann McLachlan) on freedom of information requests, the Improvement Board, information governance and assistant Cabinet Members

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These questions start at 10:24 in the video above.

Council (Wirral Council) 14th October 2013 Questions to the Cabinet Member for the Governance and Improvement (Cllr Ann McLachlan)

                               

Continues from Council (Wirral Council) 14th October 2013 Answers to Questions to the Cabinet Member for the Environment and Sustainability (Cllr Brian Kenny).

Cllr Lesley Rennie asked, “I’ll put a question really regarding the freedom of information item on your report because it’s rather unfortunate really that the Administration does appear to try to deflect the Council’s well documented inability to deal with the number of Freedom of Information requests that we’ve actually received from a number of people by in some way trying to imply that in some way that it’s members of the public’s own fault that they ask far too many questions really. Would the Cabinet Member agree with me that if in fact local people were able to trust the Council and that in fact the Council was more honest, more open, more trustworthy and transparent then members of the public would not need quite clearly to avail themselves of going down the route of Freedom of Information requests and also I hope that she would also agree with me that some of the information that indeed Members have to ask for should be freely available to Members of the Council to the elected Members to carry out their elected Member duties?”

Cllr Chris Blakeley asked, “The Cabinet Member will be aware that on the 16th July the Chief Executive sent an email out to the councillors. ‘It has come to my attention that a number of freedom of information requests have been made by elected Members for information relating to Council FOI and corporate FOI procedures. Members of course have a right to make FOI requests but I felt it was … in my view that… that I’d be very happy to… I’ve always more than happy to provide a written response personally to any information request.’

In the end Cllr McLachlan, on the 22nd August when I made a request of the Chief Executive for information, I was told that request was unreasonable and therefore had to submit a freedom of information request to which I received an answer in the prescribed time. Perhaps the Cabinet Member could persuade her officers to be more open and transparent and then maybe there won’t be as many freedom of information requests?”

Cllr Bill Davies asked, “My question for the Cabinet Member for Improvement and Governance would be regarding section one of your report on the Improvement Plan, is it too soon for the Improvement Board to consider leaving?”

Cllr Jean Stapleton asked, “Ann, regarding section three of your report on information governance, can you advise if elected Members will be affected by this please?”

Cllr Ian Lewis asked, “Cllr McLachlan, under item two under performance management you make reference to Member development training. On a previous question to a previous Council meeting, I asked you if Members had been appointed as assistant Cabinet Members and you replied in the minutes of the last meeting you said that the Labour Group had appointed assistant Cabinet portfolio holders, they were not within the constitution but the appointments had been made by the Labour Group to assist their Members in training. You say they’re not within the constitution, but on page 239 of the constitution, item F it states that assistant portfolio holders are within the constitution. Can I therefore ask you again to publish the names either in written form after the meeting or now of those assistant Cabinet Members please?”

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Council (Wirral Council) 14th October 2013 Answers to Questions to the Cabinet Member for the Environment and Sustainability (Cllr Brian Kenny)

Council (Wirral Council) 14th October 2013 Answers to Questions to the Cabinet Member for the Environment and Sustainability (Cllr Brian Kenny) on dog fouling, litter, garden waste, brown bins, Wirral Coastal Strategy and flooding in Leasowe

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Cllr Brian Kenny’s answers start at 4:58 in the video above.

Council (Wirral Council) 14th October 2013 Answers to Questions to the Cabinet Member for the Environment and Sustainability (Cllr Brian Kenny)

                               

Continues from http://johnbrace.com/2013/10/28/council-wirral-council-14th-october-2013-questions-to-the-cabinet-member-for-the-environment-and-sustainability-cllr-brian-kenny/.

Cllr Brian Kenny replied, “On the first question from Cllr Rennie, I must admit I do smile when this Labour administration has been forced to implement cuts of over £109 million over three years, a third of our budget in a situation where there doesn’t appear to be any protest to the national Government for resources, .. into that position. Many decisions that we have to make as part of last year’s Budget are very difficult decisions that we did have to implement and now we’re getting complaints as a result of those reductions. So can I say that we are very concerned about dog fouling, litter picking et cetera and one of the reasons why we’re shortly going to be allocating £10,000 to each of the new four constituency committees to spend on the basis that we want them, within their constituencies, to use that money to basically clean up the area, decide for themselves what their priorities are et cetera et cetera. So money will be allocated for that.

Also at the end of last week Mr Mayor I did have a meeting with Mike Collins, one of the senior dog wardens, on the whole question of dog fouling. I understand a couple of staff have recently left and have not yet been replaced. That is in the process of being dealt with at the moment but hopefully before too long the number of prosecutions will come up but when we’re talking about prosecutions, I’ve said this before and I’ll say it again now. People can’t be prosecuted for allowing their dog to foul unless somebody is willing to come forward with evidence. So if anybody in this chamber or anybody in the Wirral has ever got any evidence of allowing their dog to foul without cleaning up please pass the evidence on and I can assure you that evidence will be viewed.

On Cllr Doughty’s question, yes you can from the report that we’ve already had over thirty-five thousand people in the Wirral sign up for the new garden waste scheme. The original target was thirty thousand, so we’re well above the target and again as you can see in the report I’ve been asked to go and speak at a conference, unless it’s called in, but I’ve been asked to speak at a conference outside of Wirral on this whole area, … but I understand that many councils up and down the country have already as Cllr Doughty said, have already introduced charges for garden waste, most of those seem to be well above the charges that we introduced on the Wirral and as we speak many other councils are now considering introducing charges for garden waste and they are very interested in learning from our experience here in the Wirral. Again Cllr Doughty mentioned home composting, I think again the figures in the report are very encouraging because one big aspect of introducing the garden waste scheme was that we wanted to encourage more residents of the Wirral to go down the road of home composting and I’m pleased to say that many of them have already done that.

Again Cllr Gilchrist referred to the question of garden waste. Now we will very shortly be going out to tender to get bids in for the taking away of brown bins for those people who don’t want them. Brown bins will be taken away around about the end of November. At the moment there are no specific figures as to how many are going to be taken in, it will be part of the tendering process as to what the people who tender will intend to do with the brown bins. I am happy to give a written answer on that when we have more details.

Cllr Janette Williamson asked about the Wirral Coastal Scheme and said basically can we afford it. I think my answer to that is we can’t afford not to. We’ve just spent over two years looking at the whole of Wirral coastal strategy scheme to decide what we’re going to do for literally the next hundred years. I can’t guarantee I’ll be here at the end of that hundred years, I probably won’t but it is such an important issue for the Wirral, obviously with it being a peninsula it’s surrounded by water on three sides so we can’t afford to ignore this issue, and that’s why we’ve instructed Kevin Adderley to go away and identify funding from places like the Environment Agency, other areas of funding where the work can be done over the next twenty years to make sure all the coastal areas are protected. So we’ve got to find the money for that one it is so important.

On the last question Mr Mayor about this question about flooding. Well I understand one of the main areas of flooding in the Wirral over the last few years has been in the area of Reedville Grove and Reeds Lane in Leasowe and I understand as a direct result of a public meeting called by Cllr Abbey and Cllr Leech, followed by meetings with United Utilities, we’ve now I think got good news on that one. United Utilities have recently announced that they are putting aside £5 million to resolve this problem. So they’re going to introduce a new pumping station and I think that would be very much welcomed by the residents that live in that area and also people who have cause to use the local station, Leasowe station so there is some good news on that one Mr Mayor.”

Continues at Council (Wirral Council) 14th October 2013 Questions to the Cabinet Member for the Governance and Improvement (Cllr Ann McLachlan).

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Council (Wirral Council) 14th October 2013 Questions to the Cabinet Member for the Environment and Sustainability (Cllr Brian Kenny)

Council (Wirral Council) 14th October 2013 Questions to the Cabinet Member for the Environment and Sustainability (Cllr Brian Kenny) on dog fouling, flooding, garden waste and the Wirral Coastal Strategy

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These questions start at 1:53 in the video above.

Council (Wirral Council) 14th October 2013 Questions to the Cabinet Member for the Environment and Sustainability (Cllr Brian Kenny)

                               

Continues from Council (Wirral Council) 14th October 2013 Answers to Questions to the Cabinet Member for the Economy (Cllr Pat Hackett).

Cllr Lesley Rennie asked, “Brian, I’m really pleased to note that Council are actually drafting a litter reduction strategy and clearly part of that strategy will be a key focus on dog fouling within that, but surely wouldn’t you not agree with me that the best way to discourage dog fouling is to increase not axe the number of dog wardens that we have? And therefore by increasing you may be able to improve the number of prosecutions for those that actually flout the law in that respect but I have to say Brian, unfortunately under your Cabinet leadership, the number of prosecutions have been nothing short of appalling.”

Cllr Paul Doughty asked, “I’d just like to ask the question, following a very interesting presentation by the Leader of Sevenoaks Council on Saturday a discussion was had with himself where he congratulated Wirral Council on the successful implementation of our garden waste scheme and also was pleased and able to see how low the cost of the service is when in his authority, a Conservative authority, the cost is £43 a year? And also can I congratulate the Cabinet Member on the percentage increase of garden waste composition announced that continues to be implemented?

Cllr Phil Gilchrist asked, “My question is on the issue of garden waste, I wonder if the Cabinet Member has an idea or an estimate how many brown bins are likely to be returned and what is likely to be the fate of the brown bins in terms of their recycling or reuse and what is he going to do with the brown bin mountain?”

Cllr Janette Williamson asked, “Given the Council’s very difficult financial position can you afford to implement the Wirral Coastal Strategy?”

Cllr Tony Norbury, “This question relates to the Coastal Strategy. I welcome the proposals for Council to explore funding options in relation to the Coastal Strategy. Given the serious level of flooding that has been within the Borough recently to people’s homes and land, can the Cabinet Member advise when and where work has been done in relation to this issue with United Utilities and the environmental officers?”

Continues at Council (Wirral Council) 14th October 2013 Answers to Questions to the Cabinet Member for the Environment and Sustainability (Cllr Brian Kenny).

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