Should Cllr Denise Roberts pay back £3.80 claimed in postage to Merseyside Fire and Rescue Authority?
Should Cllr Denise Roberts pay back £3.80 claimed in postage to Merseyside Fire and Rescue Authority?
Below is a £3.80 claim made by Cllr Denise Roberts when she was on the Merseyside Fire and Rescue Authority for postage.
Apparently some papers for a Merseyside Fire and Rescue Authority meeting were sent to her with the incorrect postage on so she put in an expense claim (on the travel and subsistence form) for £3.80.
The receipt from Royal Mail is included.
Let’s hope Merseyside Fire and Rescue Service know to put the right postage on mail in the future!
She got somebody else working in Merseyside Fire and Rescue Services called Nicholas Pitcher to sign the form on her behalf.
Her basic allowance of an extra £8,070 for being on the Merseyside Fire and Rescue Authority is supposed to cover such incidental expenses such as this £3.80 postage but Cllr Denise Roberts chose to claim it back.
At the time of this claim Cllr Denise Roberts was Chair of Merseyside Fire and Rescue Authority’s Audit Sub-Committee (which is also the Committee at Merseyside Fire and Rescue Authority that dealt with complaints about councillors).
Should Cllr Roberts pay the £3.80 back? Please leave a comment giving your view.
Cllr Denise Roberts stopped being on the Merseyside Fire and Rescue Authority in May 2016 when Wirral Council chose a different councillor to represent the Labour Group from Wirral.
Cllr Denise Roberts is now Chair of Wirral Council’s Standards and Constitutional Oversight Committee which has oversight of complaints made about councillors.
Wirral Council councillors decide to recruit another Independent Person to help decide on complaints about councillors
Wirral Council councillors decide to recruit another Independent Person to help decide on complaints about councillors
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Standards and Constitutional Oversight Committee (Wirral Council) discussion on independent persons is at agenda item 4 (Appointment of Independent Members starting at 1m:14s and ending at 4m:43s) and agenda item 6 (Establishment of a Standards and Constitutional Oversight Working Group) starting at 21m:31s and ending at 31m:22s)
Wirral Council’s Standards and Constitutional Oversight Committee met yesterday evening.
Surjit Tour asks Wirral councillors to agree to changes to how complaints about councillors are dealt with
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As I am referred to at this meeting because of an email I wrote to the Committee and others I will declare an interest at the outset. I will also declare an interest as a paid member of the press who are referred to in a report that was agenda item 4.
The public meeting of Wirral Council’s Standards and Constitutional Oversight Committee was a special meeting held in Committee Room 3 at Wallasey Town Hall without microphones.
The following councillors were present: Cllr Eddie Boult (Conservative) deputy for Cllr Gerry Ellis (Conservative), Cllr David Elderton (Conservative), Cllr Chris Blakeley (Conservative spokesperson), Cllr Denise Roberts (Labour Chair), Cllr Moira McLaughlin (Labour), Cllr Ron Abbey (Labour), Cllr Jean Stapleton (Labour) deputy for Cllr Brian Kenny (Labour), Cllr Paul Stuart (Labour) and Cllr Phil Gilchrist (Liberal Democrat spokesperson).
There were also two independent people on the Standards and Constitutional Oversight Committee present who were Brian Cummings and Professor Ronald Jones.
Wirral Council officers present were Surjit Tour and Shirley Hudspeth.
Present from the press & public were myself and Leonora Brace.
The new Chair (Cllr Denise Roberts) welcomed people to the first meeting of the Standards and Constitutional Oversight Committee of the municipal year.
Apologies were given for Cllr Gerry Ellis (Cllr Eddie Boult was deputy for him) and Cllr Brian Kenny (Cllr Jean Stapleton was deputy for him).
Essentially there are three points that Mr. Brace has raised.
One is in relation to the supplementary agenda, the report that you have before you not being circulated with the original initial agenda, but that was the reason for that, we were still in the process of trying to co-ordinate dates for the Standards Panel which we need to establish and there was a slight delay in terms of getting the finalised date.
I can confirm that there is a date that has now been confirmed and I’ll come onto that as part of the substantive item. So that was the reason for why the report was not published because I wanted to actually provide you with a date as part of ??? rather than leave you with a outstanding issue.
Unfortunately that caused a difficulty with regards to the date when I published the supplementary agenda despite our efforts to try and provide the full report to you in terms of the date that a particular Panel would meet.
With regards to concerns around errm the article 6 arguments or the section 6 arguments and Article 10 provisions that have been referred to, errm the Protocol and the paragraph within the Protocol paragraph 12.5, simply requires anyone who’s involved in the investigation is being advised not to share information with the press or media rather than go through our Press Office purely because any investigation it’s important that the integrity of the investigation is maintained and if information appears provided in the public domain, it could have the effect of prejudicing the investigation.
It is only an advisory point, individuals are entitled to ignore that advice if they so wish, but they do so in the knowledge that they could potentially jeopardise an investigation.
So if you’re a complainant you could find that the subject councillor is prejudiced because you could bring about a potential conclusion of the investigation prematurely and clearly if it’s a subject councillor again could find themselves bringing the Council into disrepute by not adhering to appropriate advice and undermining the ethical framework.
So paragraph 12.5 in the first instance specifically makes reference to anyone involved in the investigation, who will be advised, it doesn’t require and doesn’t say that they are prohibited from sharing information in the public domain and clearly they would be advised against that.
So I don’t believe that provision in any shape or form either contravenes either section 6 or indeed article 10.
With regards to the constitutional changes, with regards to paragraph 7 of the Access to Information Rules, we’re aware of that change. It was an oversight and you know in previous reviews the Standards Working Group of this Committee when it meets in July, if you’re minded to re-establish the Standards and Constitutional Oversight Working Group again. One of its tasks will be to again review the full ethical framework and see if there any constitutional changes that are required and so I’m grateful to Mr. Brace to raise that, we’ll be aware that that change needs to take place and the constitutional amendment and that will take place as part of the Standards Working Group Working Program if you’re minded to re-establish it, if not then I’ll bring a separate report requiring that change to be made in relation to Council be made for that amendment to be made to the Constitution accordingly.
Thank you Chair, with regards to the substantive matter before you, the purpose of this meeting is to establish or for the Committee to establish formally the Standards Panel and the Standards Appeal Panel which all form part of the arrangements for dealing with standards complaints under paragraph 9.5 of article 9 of the Council’s constitution.
You’ll find in the report I’ve attached a number of appendices, there is information on article 9 of the constitution, which effectively sets out the constitutional framework for both panels and that’s in the first agenda document that we’ve got. Can I refer you to page 11 of the original agenda and in particular if you turn to page 13 and 14 and ?? onwards you will have the terms of reference of both the Standards Panel and the Standards Appeals Panel setting out not only its composition, but also its scope, remit and indeed its authority in terms of any sanctions that may be imposed.
So the purpose of this Committee is really to establish formally those two panels, not least because there is a particular matter that needs to be considered by the Standards Panel and therefore this Committee by formally establishing those enables the particular Standards Panel to be progressed to the first meeting of the Standards Panel.
With regards to that particular Panel meeting, we have canvassed dates. It has been a matter that has been long-standing in terms of both its progression, but we have now managed to secure a convenient date for a number of parties who need to be attending including at least one of our independent members and the date that is now available for that Standards Panel to meet is Tuesday 28th June at 6.00pm. There is also the possibility of a further date of the following day the 29th of June which I would suggest that we keep that date as a hold over provisional date that if we’re not able to conclude matters on Tuesday evening, we are in a position to adjourn to the following day where all the parties who are required are also available for Wednesday the 29th.
I’m not anticipating the matter having to extend to a second day, but it would be prudent now that we have a date to hold both days indeed if that we need them.
So Chair, the report itself sets out the position, I would like to just remind all people to bring to the attention of everyone the procedure, suggested procedure in appendix 4 of the supplement which sets out the suggested procedure for how matters will be dealt with by either the Standards Panel or indeed the Standards Appeals Panel.
As essentially an indicative process or procedure that would be followed. There is the discretion here for the Chairperson of the Panel to vary the ??? procedure if it’s necessary in the interests of fairness to all parties I understand, but it’s anticipated that following the process there will be making it ??? who needs to have whose views need to be sought, have the opportunity to share those thoughts with the Panel before the Panel considers its position with regards to the standards matter and also goes so far as to deal with if they do uphold and find that there is a breach, also then to address the issue of any sanctions if any that it thinks are appropriate.
So your approval is also sought in respect of that decision.”
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Wirral Council recommends councillors agree to advice that those who contact the press about complaints about councillors are “compromising their position”!
As some of the below relates to the press in general I am declaring an interest as that’s my paid occupation.
On Thursday evening starting at 5.00pm in Committee Room 3 in Wallasey Town Hall Wirral Council’s Standards and Constitutional Oversight Committee meets for a special public meeting.
Often the motivation at the past at Wirral Council with regards to late papers not sent out with the agenda/reports for the meeting are that it is a way for officers to really make sure something is "rubber-stamped" (and if you really want it rubber-stamped just hand out about two dozen pages of information at the meeting itself on the basis that those on the Committee won’t have time to read it before reaching a decision).
I’ve written an email below which explains my position (in the interests of openness and transparency it is below). I look forward to the meeting itself to see what is decided.
To: Cllr Denise Roberts (Chair)
Cllr Moira McLaughlin (Vice-Chair)
Cllr Ron Abbey
Cllr Brian Kenny
Cllr Paul Stuart c/o Shirley Hudspeth
Cllr Chris Blakeley
Cllr David Elderton
Cllr Gerry Ellis
Cllr Phil Gilchrist
Cllr Jean Stapleton
Cllr Eddie Boult
Professor Ronald Samuel Jones c/o Shirley Hudspeth
Brian Cummings c/o Shirley Hudspeth
Chris Jones c/o Shirley Hudspeth
Surjit Tour
Press Office (Wirral Council)
Dear all,
I do not have email contact details for the independent members on the Standards and Constitutional Oversight Committee and Cllr Paul Stuart and hope that Shirley Hudspeth can give them either a copy of this at the meeting itself, or may know their email addresses to forward them a copy of this email.
I know that two councillors (Cllr Brian Kenny and Cllr Gerry Ellis) are sending deputies and am sending a copy of this both to the councillor deputising and the councillor they are deputising for. If any other councillors are planning to send a deputy to the meeting feel free to forward this to the deputy.
This email is in relation to item 4 (Appointments of Panels) on the agenda of the Standards and Constitutional Oversight Committee meeting to be held on the 2nd June 2016.
The papers for this were published late and can be found in the supplementary agenda. Please note that in order for the committee to consider material published after the 5 clear working days before the meeting, it’s a legal requirement that both the Chair (presumably Cllr Denise Roberts) accepted this item of other business and the reasons for accepting it late are recorded in the minutes. I’m sure Mr. Tour will be familiar with this as it formed the basis last year as to my formal objection to the 2014/15 accounts of the Merseyside Pension Fund (administered by Wirral Council) with the result being that the Pensions Committee had to arrange a further meeting to properly approve the accounts.
However, I have some general questions/queries. In the interests of openness/transparency I’m publishing this email, so it’s not confidential.
1) As the people proposed to be on the Standards Panel & Standards Appeal Panel are also members of the Standards and Constitutional Oversight Committee are both panels being categorised by Wirral Council as a sub-committee, similar to how the Licensing Act Sub-Committee members are also drawn from its parent committee?
2) In the proposed protocol it states,
“12.5 Anyone involved with the investigation will be advised that they may be compromising their position if they communicate with the media on matters relevant to the investigation whilst the investigation is ongoing and that any communication that is made should emanate from the Council’s communication team.”
The legal requirement for secrecy of those involved with the investigation of complaints about councillors was repealed some time ago. Because of s.6 of the Human Rights Act 1998 a public authority (such as Wirral Council) can’t make a decision which causes it to act in a way incompatible with a Convention right. This suggestion in the protocol would seem to conflict with both the Article 10 (freedom of expression) Convention right and the whistleblowing provisions in the Public Interest Disclosure Act 1998. I would therefore either like a detailed explanation as why this is proposed (or why I am wrong) or for it to be removed from the proposed policy before it is agreed.
3) Part 21.1 of the proposed policy refers to “7C of the Council Access to Information Procedure Rules”.
This refers to the following reason for excluding the press/public at a meeting:
“7C. Information presented to a standards committee, or to a sub-committee of a standards committee, set up to consider any matter under regulations 13 or 16 to 20 of the Standards Committee (England) Regulations 2008, or referred under section 58(1)(c) of the Local Government Act 2000.”
A local council can only use powers it legally has to do something. Standards complaints about councillors are no longer considered under s.58(1)(c) of the Local Government Act 2000 (which was repealed) or the Standards Committee (England) Regulations 2008.
Therefore the references to a repealed legal power need to be brought up to date to the current position and Wirral Council’s constitution updated to prevent confusion.
I plan to attend the meeting itself and look forward to hearing an answer to this email then.
Yours sincerely,
—
John Brace
Editor http://johnbrace.com/
A blog about Wirral Council’s public meetings, Wirral Council’s councillors, Bidston & St. James ward and other public bodies on Merseyside
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What were the top 10 most viewed videos on this blog’s Youtube channel in 2015?
I never expected when I was young, I would end up running a TV channel (albeit only a Youtube channel). So it’s time for a new feature on this blog looking back at the most viewed videos of 2015.
Hopefully in 2016 I will record even better videos than the ones so far. This list is not based on views but watch time (that is how many hours each video has been viewed). I’ll leave a brief comment below as to what each video is about and why it became popular.
1. Liverpool City Council Budget Meeting 4th March 2015 Part 1
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The annual budget meeting of local councils are known for being the time at which each political party sets what it would do if they were in charge after the elections. This video isn’t popular really for those reasons though.
A councillor called Jake Morrison took exception to a cut to a domestic violence grant to a local charity. The meeting had to be adjourned for a short while. This was because neither the Lord Mayor of Liverpool Cllr Erica Kemp nor Mayor Joe Anderson appeared to know how to deal with this sort of sustained objection by a councillor (other than to adjourn the meeting).
The dramatic scenes are towards the end of this clip, which ends when the meeting was adjourned. Words were had behind the scenes during the adjournment.
2. Liverpool City Council 8th April 2015 Part 1 Mayor Joe Anderson responds to green space protestors
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3. Liverpool City Council public meeting 11th November 2015 Part 2 of 6
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Another more recent meeting of Liverpool City Council also makes the top ten list. This time it was a notice of motion (the earlier few minutes of the notice of motion can be viewed in part 1) about another green space issue (which was to do with Liverpool City Council plans for Beechley Stables, Calder Kids and the Miniature Railway). This was the most well attended meeting of Liverpool City Council I’ve seen by members of the public.
4. Merseyside Fire & Rescue Service consultation meeting Saughall Massie 20th April 2015 Part 1 of 4
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To more local political issues than those across the River Mersey, again just before the 2015 elections, Merseyside Fire and Rescue Service held a very heated public consultation meeting in Saughall Massie. Hundreds of people turned up to the meeting but couldn’t get in, which may in part explain the high viewing figures on this video.
5. Liverpool City Council 16th September 2015 Part 1 of 6
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Indeed on this topic, as recently as the 22nd December 2015, Mayor Anderson (who had just been made Chair of the Combined Authority) refused to answer a question on this topic asked by a member of the public at a public meeting of the Liverpool City Region Combined Authority.
6. Standards and Constitutional Oversight Committee 23rd November 2015
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Finally in 6th place is the first Wirral Council meeting, normally the Standards and Constitutional Oversight Committee attracts little interest, however the facial expressions of its chair during this meeting attracted many comments and more views of the video of the meeting.
7. Liverpool City Council Budget Meeting 4th March 2015 Part 2
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Liverpool City Council makes its final entry in the top ten list, with what happened at the Budget meeting after the adjournment (for what happened before the adjournment see the video at number one).
8. Merseyside Fire & Rescue Service consultation meeting Saughall Massie 20th April 2015 Part 2 of 4
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This is part 2 of the public consultation meeting of Merseyside Fire and Rescue Service held in Saughall Massie on a proposed fire station in Saughall Massie (part 1 makes this list at number 4).
9. Merseyside Fire & Rescue Service consultation meeting Saughall Massie 20th April 2015 Part 3 of 4
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Part 3 of the public consultation meeting of Merseyside Fire and Rescue Service held in Saughall Massie on a proposed fire station in Saughall Massie (part 1 makes this list at number 4 and part 2 at number 8).
10. Cabinet Wirral Council 12th March 2015
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Finally, a Wirral Council Cabinet meeting makes the last in this list. In an unusual change of venue it was held at Birkenhead Town Hall.
I can’t remember (nine months later) anything particular that was controversial discussed at this meeting a few weeks before the May elections. The only high-profile issues discussed and decided at this meeting were the "Master Plan Principles" for Birkenhead Town Centre, the outcome of consultation about Pensby High Schools and the nomination for Civic Mayor/Deputy Civic Mayor.
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