Below is a communication I will be emailing to those listed below later.
Dear Surjit Tour,
councillors
senior management team (Wirral Council)
Rt Hon Frank Field MP
I am publishing this response which relates to a dispute between myself and Wirral Council.
I believe there should be openness and transparency when it comes to public bodies and the press.
I will firstly deal with the recent Youth and Play Service Advisory Committee meeting. Prior to the meeting, as some councillors and officers will already be aware the meeting was delayed starting because of the filming issue. As it was the first public meeting of the Youth and Play Service Advisory Committee since August 6th (which officially consists just of councillors) I was willing to accede to a request on this occasion and pointed out I was not setting a precedent.
Earlier this year (on August 6th) the Openness of Local Government Bodies Regulations 2014, which can be read at http://www.legislation.gov.uk/uksi/2014/2095/contents/made came into effect.
The effect of regulations 3-5 were to amend (and in some cases repeal) legislation about public meetings of bodies in England such as Wirral Council, but also public meetings of other public bodies such as the Merseyside Fire and Rescue Authority and the Liverpool City Region Combined Authority (amongst others).
Regulation 5 only at Wirral Council applies to Cabinet meetings, so I will be referring to regulations 3 and 4.
Regulation 3 alters the Public Bodies (Admission to Meetings) Act 1960 and puts this legal duty on Wirral Council:
“in the case of a meeting of a relevant local government body, while the meeting is open to the public any person attending is to be permitted to report on the meeting.”
For the purposes of clarity Wirral Council is a “relevant local government body”. The definition of newspaper in that legislation is changed to include “in the case of a relevant local government body, for use in electronic or any other format to provide news to the public by means of the internet”.
There is a part added to state (which applies not just to meetings of Council, but also committees and subcommittees):
“(7E) Any person who attends a meeting of a principal council in England for the purpose of reporting on the meeting may use any communication method, including the internet, to publish, post or otherwise share the results of the person’s reporting activities.”
Therefore the law is quite clear on this matter.
On the 2nd December 2013 Council agreed the committee calendar for the 2014/15 Municipal Year. This includes the following entry for November 11th 2014: “COUNCIL (Youth Parliament)”.
The list of attendees is the list of 66 Wirral Council councillors and this meeting has in previous years been chaired by the Mayor. In fact the first item on the agenda is “Mayor’s Announcements”. The agenda frontsheet, which can be read on your website in fact states “Dear councillor
You are hereby summoned to attend a meeting of the Council to be held at 6.15 pm on Tuesday, 11 November 2014 in the Council Chamber, within the Town Hall, Wallasey”.
Therefore by your own words, by your own calendar and own agenda it is a meeting of all 66 councillors, chaired by the Mayor. It is therefore a meeting of a local government body and your arguments about the presence of young people (who like the councillors have been elected by their peers) somehow meaning that it should not be filmed are incorrect and frankly hard to comprehend. How can there be an expectation of privacy at a public meeting?
Wirral Council have no legal power any more to prevent filming at public meetings because the power you had in the past (but have no more) was as has been well documented abused numerous times and that is what led (in part) to the legislation change and repeals of earlier legislation that you relied upon previously. This change came into effect on 6th August 2014.
If Wirral Council carries on like this Wirral Council opens itself up to a legal challenge on ground of illegality, irrationality, proportionality, fairness and because of what happened at the Birkenhead Constituency Committee meeting legitimate expectation. These are also grounds in Wirral Council’s constitution for not engaging in what I perceive as misguided attempts to censor the media.
Wirral Council could also face a claim for human rights damages as the legal argument would be made that as a public body it was breaching s.6(1) of the Human Rights Act 1998, more specifically Article 10 (freedom of expression). As I’m sure you will be aware there is plenty of existing case law upholding the rights of individuals to political speech and against the strong desire of public bodies to suppress views they don’t want the public to hear.
As management, the trade union representative has discussed the matter with me and union rule 1 has been discussed which states “At all times upholds and defends the principle of media freedom, the right of freedom of expression and the right of the public to be informed.”
Therefore that trade union member would be quite within their rights to refuse to work on 11th November and Wirral Council carries on taking such an intransigent attitude, I would be forced to implement industrial relations contingency arrangements. This is therefore becoming an industrial relations matter both internally within this organisation and externally with yours.
I fully expect however based on recent past experience and a conversation I had on November 5th that Labour councillors will neither side with the trade unions or the press on this matter. I fully expect from past experience that it is always awkward particularly for some councillors to be seen to be either promoting trade union interests, good industrial relations, people’s human rights, constitutional decision-making or in fact the public interest.
It is perfectly clear (at least to me) from past decisions made at the political level exactly what Wirral Council’s current policy is on this. These past policy decisions made on this are quite clear that any filming, photography, audio recording or other types of recording (whether during public meetings or not) is unrestricted in Wirral Council buildings. That policy came about because one councillor took a photograph of another councillor eating if I remember correctly a sandwich.
The recent legal change just implements Wirral Council’s existing policy and puts it on a statutory basis with regards to public meetings.
I have had these arguments with Wirral Council over filming for a very, very long time. Wirral Council’s position and the position of various individuals has been made abundantly clear to me over the years. I have been shouted at during public meetings, bullied and treated badly which considering Wallasey Town Hall is also my workplace is not the way for anyone to be treated. I have also seen another member of the press working for a local newspaper mistreated in the same way by a senior politician.
There are many other important matters that we should all be concentrating our collective minds on rather than Wirral Council deliberately picking battles with the press, which do nothing to improve Wirral Council’s tarnished reputation or that of senior officers and councillors.
I am making my position as clear here as I can make it. The only advice I can give you at this stage is to seek external independent legal advice on your position before this matter ends up being independently adjudicated by a court and I suggest you circulate a report on this to all councillors and myself ahead of the 11th November meeting (if it takes place).
Yours sincerely,
John Brace
P.S. The Monitoring Officer comments verbally on November 5th 2014 on my report (without having read it himself) of the YPSAC public meeting and my description of the young person at that meeting. I deplore censorship of any kind and when it relates solely to the political views of an individual in a protected minority with disabilities even more so. Before the meeting was held I advised the Monitoring Officer that he could have advised councillors to exclude the press and public. The Monitoring Officer chose not to advise politicians to do so but instead to advise to adjourn the meeting if I attempted to film, audio record or photograph it.
There was also attempted censorship in February 2014 of the Coordinating Committee meeting to decide the call in to consult on the closure of Lyndale School. Again this was meeting involved the political views of parents of children with disabilities. The parents expressed the view to the Vice-Chair (chairing the meeting) at the time Cllr Steve Foulkes (who will also be chairing the meeting on 11th November) that they wanted it done in an open and transparent manner. So there seems to be a running theme here at Wirral Council of gagging the press trying to report on matters involving the disabled, which even hark back to the days of gagging one of your own former employees who used to work in your Adult Social Services department from raising with the press serious allegations of wrongdoing.
I find this all deeply worrying and possibly arguably allegedly breaches of other legal responsibilities you have which have been already repeatedly brought up in letters before with you which are already in the public domain.
I repeat here what your legal duty is as Monitoring Officer under s.5(2) of the Local Government and Housing Act 1989 c.42:
“it shall be the duty of a relevant authority’s monitoring officer, if it at any time appears to him that any proposal, decision or omission by the authority, by any committee, [or sub-committee of the authority, by any person holding any office or employment under the authority] or by any joint committee on which the authority are represented constitutes, has given rise to or is likely to or would give rise to—
(a) a contravention by the authority, by any committee, [or sub-committee of the authority, by any person holding any office or employment under the authority] or by any such joint committee of any enactment or rule of law [or of any code of practice made or approved by or under any enactment]; or
(b) any such maladministration or injustice as is mentioned in Part II of the Local Government (Scotland) Act 1975 (which makes corresponding provision for Scotland), to prepare a report to the authority with respect to that proposal, decision or omission.
Section 5 then states:
(5) It shall be the duty of a relevant authority and of any such committee as is mentioned in subsection (4) above—
(a) to consider any report under this section by a monitoring officer or his deputy at a meeting held not more than twenty-one days after copies of the report are first sent to members of the authority or committee; and
(b) without prejudice to any duty imposed by virtue of section 115 of the Local Government Finance Act 1988 (duties in respect of conduct involving contraventions of financial obligations) or otherwise, to ensure that no step is taken for giving effect to any proposal or decision to which such a report relates at any time while the implementation of the proposal or decision is suspended in consequence of the report;
You as Monitoring Officer have statutory duties and there is a legal framework to follow when such matters involving Wirral Council’s decision making are raised with yourself and the Deputy Monitoring Officer.
It is of course up to yourselves what action you take (if any).
Wirral Council is not in the position where it can or it is advisable to censor the political views of the protected minorities of the Wirral population in an attempt to alter media reporting of Wirral Council activities or gag the press. These repeated attempts at censorship give me the personal impression that Wirral Council is not as open and transparent as Wirral’s politicians would claim it is. I am neither in a politically restricted post, nor am I a councillor or officer at Wirral Council.
There is therefore unless you propose either adjourning the Youth Parliament meeting (as you did with the YPSAC meeting) in response to the views in this letter or alternatively bringing a late report to the meeting of 11th November 2014 on this matter, I do not see that there is anything that can be done at this stage to resolve this current impasse.
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Councillors met to discuss 3 areas of Future Council consultation (Youth and Play, Gitrell Court and West Kirby Marine Lake)
Councillors met to discuss 3 areas of Future Council consultation (Youth and Play, Gitrell Court and West Kirby Marine Lake)
Families and Wellbeing Policy and Performance Committee Wirral Council 3rd November 2014 L to R Legal adviser who was missing, Cllr Moira McLaughlin (Chair), Clare Fish and Graham Hodkinson
Last night showed something that we’ve been promised for some time which is pre-decision scrutiny (of a sort). Now the Future Council consultation is over, the first of three overview and scrutiny committees met yesterday evening to discuss the proposed budget cuts in their area of responsibility.
Prior to this there had been a behind closed doors set of meetings among councillors, which explained why the public meeting itself was rather short.
The rather late reports (which included a Powerpoint presentation on the consultation results) concentrated on the following proposed budget cuts:
Youth and Play Service £450,000 cut closing 4 youth centres, reducing provision at the “hubs” from five evening a week to four, Play Schemes funding ceased, grant to Wirral Play Council stopped, Civil Award Scheme stopped and Duke of Edinburgh Award Scheme stopped. If chosen this would end play schemes in Beechwood, Gautby Road (in Bidston) and Leasowe Adventure Playground in Wallasey. These three playschemes cost Wirral Council £190,000 a year but benefit about 600 children.
The Wirral Play Council (a charity on the Wirral) runs play schemes including an annual event at Birkenhead Park attended by 3,000 children, which was discussed at the Youth and Play Service Advisory Committee public meeting last week. People at that meeting were shown photos of the Mayor at this event in Birkenhead Park which I can’t show you because the Cabinet Member for Children’s Services Cllr Tony Smith and Wirral Council officers decided to try to negotiate a broadcast media blackout of that public meeting and had I tried to film it, Surjit Tour would’ve advised Cllr Tony Smith to adjourn that meeting.
The detail of the effects of each proposal had been previously discussed behind closed doors by councillors who then produced a scrutiny panel report.
The other possible budget cuts involved Girtrell Court (a short break respite service for adults with disabilities of £385,000), a cut to the all age disability service of £600,000 (affecting Willow Tree (overnight short breaks for children with high-level learning and physical disabilities), Children with Disabilities Team, Transition Team and the Family Support Team) and West Kirby Marine Lake (a cut of £25,000 and the possible outsourcing to a third party although an alternative option is being looked at).
Certainly these were not popular proposals (especially considering the fuss kicked up over the play schemes proposal) cuts and in not all areas did councillors agree with officers. At one point the Chair felt that the cuts were just being fitted around the amounts that had to be saved. As the budget options cover £4 million out of £2.5 million of options, some won’t happen, however you can watch the video of the meeting below to see and hear what councillors and officers said.
I will upload clearer audio of the meeting at a later date, although I felt it was important to point out the above at this point. When the overview and scrutiny committees finish (the last one is scheduled for tomorrow night), their proposals will feed into a Cabinet meeting which will make a recommendation on the budget to Council. All councillors will then meet, debate, discuss and vote on the budget, which according to the new legislation now has to be done by each councillor individually voting on each budget proposal (due to a change in legislation earlier this year). This way when it comes to election time in May, the Wirral public can look up how certain councillors standing in the election voted on the issues that matter to them if they so wish.
There are however going to be sections of society lobbying hard to make sure the Labour administration (who decide where the cuts are) spares them from the effects of the cuts. It remains to be seen how easy it will be both for councillors and political parties to deal with the public relations effects of what is proposed. As was mentioned at the meeting yesterday evening, there are large petitions opposing some of the cuts proposed. Some petitions are large enough that the petition organisers will get the right to speak at the Council meeting at which these decisions are made. The papers for this public meeting can be read on Wirral Council’s website
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Families and Wellbeing Policy and Performance Committee Wirral Council 3rd November 2014 Part 1
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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
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.
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.
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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The day democracy and freedom of the press died at Wirral Council: 28th October 2014 (part 2)
The day democracy and freedom of the press died at Wirral Council: 28th October 2014 (part 2)
Councillor Tony Smith (Cabinet Member for Children and Family Services) at a public meeting earlier this year L to R Cllr Stuart Whittingham, Cllr Tony Smith (Cabinet Member for Children and Family Services), Cllr Bernie Mooney and Lyndzay Roberts
There was one A4 page handed out to those present at the meeting which was about the Youth Voice Conference 2014. Obviously it would have been interesting to have on video politicians, officers and a young person’s response to these issues raised at the Youth Voice Conference, but considering the politically sensitive nature of some of these issues one can fully understand why there was an effort before the meeting began not to have it filmed, audio taped or photographed.
As one section of it mentions the media, I had better declare an interest in this as a member of the media. As well as politics I also write about video games, so I’d better declare that too. Below is the text of the 1 A4 page handout circulated to the committee, councillors, officers and others present at the public meeting.
Copies of what is below were handed out during the meeting itself by Cllr Tony Smith (Cabinet Member for Children’s Services), as the Youth and Play Service Advisory Committee, unlike many other public meetings of politicians at Wirral Council doesn’t have Wirral Council officers from Legal and Member Services assigned to it to deal with such matters. It’s “served” by officers from Wirral Council’s Children and Young People’s Department (or whatever it’s called these days) instead who take a different view on some matters to that of Legal and Member Services.
HOT SEAT PANEL QUESTIONS & ISSUES RAISED BY YOUNG PEOPLE
Understanding Autism
If you cut resources how will young people on the autistic spectrum be supported in education and employment as currently only 1 in 6 people with autism end up in full-time employment?
How can we all work together on the Wirral to have a better understanding of Autism, allowing us to help and support our peers who are on the autistic spectrum?
Dealing with homophobia
More help and support is needed on understanding homophobia.
More adverts in schools about organisations that can help LGBT young people are needed.
A young peoples training group needs to be established to deliver training is schools and other organisations.
Accessible and gender neutral toilets are needed in schools and youth units.
How do we deal with hate crimes committed by young people?
More LGBT safe spaces are needed.
Media literacy
Proposal
Wirral Borough Council only uses real people or images in any of their adverts or publications and should promote natural beauty.
Other questions –
What regulations exist to address the sexualisation of young people and the impact/pressure resulting in eating disorders?
Why are there no limits on the amount of photoshop imaging that is used in the media?
Dealing with loss and Change
How will young people with emotional health and well-being issues receive support following the proposed cuts to services?
Social Isolation – caused by social media and Gaming
How do the police moderate social media and the propaganda targeted at young people?
Does Public Health have a strategy regarding social media and the negative effects it has on young people’s health and well-being?
The day democracy and freedom of the press died at Wirral Council: 28th October 2014
The day democracy and freedom of the press died at Wirral Council: 28th October 2014
Councillor Tony Smith (Cabinet Member for Children and Family Services) at a public meeting earlier this year L to R Cllr Stuart Whittingham, Cllr Tony Smith (Cabinet Member for Children and Family Services), Cllr Bernie Mooney and Lyndzay Roberts
CORRECTION 1/11/2014: The version of this article published on 29th October 2014 contained an error. Although Cllr Chris Carubia was on the Youth and Play Service Advisory Committee this article stated he was not. It has since been corrected.
I apologise to Cllr Chris Carubia for this error. It is my fault entirely. Wirral Council’s website shows him as not being on the Youth and Play Service Advisory Committee (see screenshots below) although it does show the committee appointments for the other seven councillors on this eight person committee. I didn’t double check this incorrect information on Wirral Council’s website against the list of committee appointments made at the Annual General Meeting (Part 2) in June 2014. Hopefully this explains how the error was made and I apologise.
However I cannot blame others for my mistake and have to accept responsibility. I personally apologise both to Cllr Chris Carubia and to readers for any confusion caused.
Screenshot of Wirral Council’s website for Youth and Play Service Advisory Committee meetingCllr Chris Carubia page Wirral Council
CORRECTION ENDS
Yesterday I attended a public meeting of Wirral Council’s Youth and Play Service Advisory Committee and the meeting started twenty minutes late for reasons I shall go into below.
Here is a list of the councillors on this committee:
Cllr Tony Smith (Cabinet Member for Children’s Services, Labour) who refers to himself as Chair
Cllr Chris Meaden (Cabinet Member for Leisure, Sport and Culture, Labour)
Cllr Walter Smith (Labour councillor who wasn’t present last night)
Cllr Paul Hayes (Conservative councillor who wasn’t present last night)
Cllr Wendy Clements (Conservative councillor who wasn’t present last night)
Cllr Cherry Povall, JP (Conservative councillor who wasn’t present last night)
Cllr Mrs Pat Williams (Liberal Democrat councillor)
Cllr Chris Carubia (Liberal Democrat councillor)
So out of that list of seven councillors, only Cllr Tony Smith, Cllr Chris Meaden, Cllr Mrs Pat Williams and Cllr Chris Carubia (four councillors) were actually present.
Also there, but not part of the committee that met that evening was Cllr Phil Gilchrist. Cllr Phil Gilchrist is a deputy for this committee, however the two Liberal Democrat councillors were both present so he was not deputising. However as he is Leader of the Liberal Democrat Group, he used his ex-officio powers to speak at the meeting.
Prior to the meeting starting, the papers for the meeting which you can view on Wirral Council’s website hadn’t been published on Wirral Council’s website a week before the meeting as required by law but merely hours before the meeting was held.
I asked for a copy of the agenda and reports at the meeting itself (as is my legal right to do so). I was very reluctantly given a copy of the agenda by an officer who had a big bunch of copies of the agenda but had to check he had permission to give one to me.
As the video was about twelve minutes long (and I planned to film discussion of it once it was over), this left the other seven agenda items plus the rest of that one.
However Lindsay Davidson (whose job description is “Senior Locality Manager – Youth Support”) and is an employee of Wirral Council was before the meeting not happy with the prospect of me filming this public meeting of a local Council (that she worked at) at all.
Another thing to bear in mind, is that whereas the Legal and Member Services section of Wirral Council send along a trained solicitor and someone to take minutes at all other meetings, this did not happen that evening.
I pointed out that usually committees have a solicitor and a committee services officer present just to be rebutted by Lindsay Davidson with “We service our own committee.”
She carried on saying, “As far as I’m concerned it’s a safeguarding issue because we haven’t got parental consent.”
No, she wasn’t referring to councillors having to write to their parents and gain their written permission of their parents before they attend and get filmed at a public meeting. Nor was she apparently referring to Council officers (of which there were five including herself and the Head of Service (Head of Targeted Services) Deborah Gornik.
She was referring to one young person present at the public meeting called Daniel (who she told me at this point was sixteen years old but in later conversation (in front of councillors and Surjit Tour) refused to divulge what age Daniel was). Interestingly Daniel hasn’t been formally appointed by Council to this committee and isn’t (despite what Council officers may state) part of the committee.
This was my response to her “As far as I’m concerned it’s a legal issue because the regulations changed in August” and before I could even finish that sentence Lindsay started talking over me.
She said that Daniel’s parents “don’t know”. So I talked with Surjit Tour over the phone in reception, who agreed with me that it was a committee of Wirral Council that met in public.
However as far as Surjit Tour was concerned, he wanted to dissuade me from filming the meeting at all. So what does the law actually state on the issue now?
“(7A) While a meeting of a principal council in England is open to the public, any person attending is to be permitted to report on the meeting.
….
(7C) A person attending a meeting of a principal council in England for the purpose of reporting on the meeting must, so far as practicable, be afforded reasonable facilities for doing so.
…
(7E) Any person who attends a meeting of a principal council in England for the purpose of reporting on the meeting may use any communication method, including the internet, to publish, post or otherwise share the results of the person’s reporting activities.
….
“(9) In this section “reporting” means—
(a) filming, photographing or making an audio recording of proceedings at a meeting,
(b) using any other means for enabling persons not present to see or hear proceedings at a meeting as it takes place or later, or
(c) reporting or providing commentary on proceedings at a meeting, orally or in writing, so that the report or commentary is available as the meeting takes place or later to persons not present.”
There are similar modifications also made by Regulation 3 to the Public Bodies (Admission to Meetings) Act 1960 which also apply.
So that’s the legal position, I can film the public meeting of the Youth and Play Service Advisory Committee, whether or not a sixteen year old happens to be there without his parents.
However what happened yesterday evening is bizarre.
The meeting did not start on time and a twenty minute conversation happened between Lindsay Davidson, Cllr Chris Meaden, Cllr Tony Smith, Surjit Tour, I think Deborah Gornik and myself in the corridor outside Committee Room 1.
I was basically told that by Surjit Tour that if I exercised my right (enshrined in law) to film the meeting, Surjit Tour would advise the Chair (Cllr Tony Smith) to adjourn the meeting and therefore the meeting would not take place that evening.
This is in fact why the meeting started twenty minutes late. I offered the following compromises to Wirral Council:
a) that I would only film the side of the room that the 16-year-old was not actually sitting in: REFUSED
b) that I would only audio record the public meeting: REFUSED
c) that I wouldn’t film the video shown during the meeting: REFUSED
You can tell how any other “reasonable compromises” were dealt with too.
Wirral Council were obviously not going to budge from their stubborn position until I backed down. Personally I feel sorry for employees and opposition councillors in such an organisation as the way it was dealt with was wholly unreasonable.
This is also probably why there have been strikes recently by the unions, because both Wirral Council’s management and politicians behave unreasonably.
Both Surjit Tour and I knew what the legal position was and that I could film.
Officers (including Lindsay Davidson who was “servicing the committee”) didn’t know the legal position, neither did councillors and were looking to Surjit Tour to not only offer them legal advice but to negotiate on their behalf my agreement not to film the meeting. Neither Surjit Tour or I had the text of the legislation to show them, although it takes minutes to look up these matters as Wirral Council does have both wired and wireless internet access (including in the Committee Room 1 that the meeting was being held in).
He, Surjit Tour as Head of Legal and Member Services could only advise councillors to adjourn the meeting if I tried to film it and by then the officers had got the Cabinet Member for Children’s Services/Chair involved Cllr Tony Smith (who is obviously rather cheesed off already at the moment over my reporting on Lyndale School matters). I realise officers have had safeguarding drummed into them (perhaps this is the legacy of Martin Morton), to the extent that they repeat it as a mantra when people tell them things they don’t want to hear.
However from a practical perspective, a 16-year-old in the UK at the moment is old enough to:
vote in the recent Scottish independence referendum (if he or she lived in Scotland)
join the Armed Forces
leave compulsory education
get married
have children
get arrested & probably other matters I haven’t thought of.
However according to Wirral Council, even at 16 years old you are not old enough to attend a public meeting without getting a written note from your parents first, just in case you might get filmed or recorded on tape.
In fact according to Wirral Council officers you are still treated as a child until you are eighteen.
In some ways even though I am well over eighteen and in my mid 30s some Wirral Council officers (and politicians) still treat me as if I was a child. After all, the reaction last night to me trying to film the meeting was the way you’d deal with a two or three-year old having a temper tantrum.
Although not explicitly stated by anyone, reading between the lines and based on how the discussions went, it came across as “Go outside John, we’ll tell you how you should behave, don’t you realise you shouldn’t be filming this meeting and how dare you try to do so and annoy us?”
In other words the petulant attitude I’ve come to expect from councillors and officers at Wirral Council.
So, although it sets a bad precedent, I decided yesterday evening after a twenty-minute stalemate on this issue pragmatically not to film the meeting because:
b) Surjit Tour and I have already had many exchanges of letters and verbal discussions previously about these matters and I have also had a meeting with Joe Blott.
c) This was the first meeting of the Youth and Play Service Advisory Committee since the legal change, so you can’t expect Wirral Council to know about it.
d) Wirral Council has to make decisions that don’t breach the Human Rights Act 1998 (specifically interference with my right to freedom of speech).
So this leaves Wirral Council in the position now where the Rt Hon Eric Pickles MP refers to such decisions on filming by local councils in a newspaper article as behaving in the past like “Putin’s Russia” and is exactly the sort of dispute the regulations are there to avoid.
Wirral Council’s way of skirting around the regulations applying is to pressure me into voluntarily agreeing not to film & or audio record a meeting before it takes place. If I say no and take a militant attitude they will make sure the meeting doesn’t actually happen.
So that is Wirral Council’s position, I am allowed to film public meetings. However if I try to do so, the public meeting won’t actually happen. It’s a bit like Schrödinger’s cat really and exactly a fortnight after this farce last night I’m sure I’ll be going over this same ground again over the Youth Parliament meeting where there will be more than one young person present.
Below are my uncorrected notes of the meeting yesterday and in a PS I will point out that I tape record meetings because I have a writing disability because of breaking my wrist in two places in 2012. This means I can no longer write shorthand so I use the audio tape recordings for the purposes of quotes.
However equality issues, disability issues and safeguarding concerns regarding myself are not considered by Wirral Council as hypothetical views of a 16 year olds parents trump the “reasonable adjustments” Wirral Council are required to take (it’s a legal duty) during meetings.
For an example of a reasonable adjustment made during the meeting, Cllr Phil Gilchrist (with hearing problems) asked for the tea/coffee machine to be turned off as no microphones were used (although three were put out nobody sat near them).
However reasonable adjustments are always made at Wirral Council for disabilities of councillors, or its own staff but its legal duties to the disabled public and press are not even thought of and if raised not considered as they should.
Below are my notes of the meeting (I will point out that some of these service changes are currently out to public consultation at the moment):
Youth and Play Service Advisory Committee 28th October 2014
552 pm late start
Visual description of young person chairing meeting (Daniel) has black curly hair, wears glasses… approx 16 years old wearing .blue short sleeved shirt
Cllr Tony Smith (Chair) apologies discussion whether Mr Brace able will not do tonight resolved another
Welcome y… apologies
No
P Williams didnt get agenda until today cllrs missing oversight
lindsay problems server getting on to server … … reminder gpt agenda
P Giochrist attachemts council website couldnt open…
lindy resolved today wasnt resolved
daniel over to you
go round asking people’s names
Linndsay Davidson Senior locality manager Youth and Play service
Cllr tony smith
…
Cllr pat williams
Cllr phil gilchrist
Cllr chros meaden
…
mark…
South and West Wirral…
creative youth development
P Gilchrist d…matters arising from minutes hand over Lindsay…
Note Left side: 4 coucillors (CM (Lab), PW (LD), PG (LD) and CC (LD)), 2 officers
Right: Cllr Tony Smith, officers (Lindsay Davidson and two others) and Daniel (young person)
Lindsay highlight a few things senior locality manager’s report 1.1 inform latest goals project underway … following on from success under 1.2.1 lads project started in September proving to be very successful aged young men… designed to address a number issues harmful exploitative relationships… towards end program residential Oaklands outdoor education centre first project young men did have concerns drop out rate male staff working with young men retention rate high midway meeting had to get Birkenhead Youth Hub
cllr tony smith how identified
officers agencies targetted services… so agencies able identify needs young person get consent also used part working young people…
lindsay challenging young men program … its a testament program…
officer midway thing big impact groups teenage males mix in one spot … all mixed all deliberately mixed groups… a project in itself…
p gilchrist public health funded Wirral South Constituency Committee improve funding or top up… public health mentioned … has been funding South Wirral additional residential young men… under item 2 Wallasey District Wallasey Youth Hub… 12 week…
Chris Carubia…
Lindsay heavily involved partnership work police don’t know aware Flaybrick Cemetery traves outreach involved not only working with young people … perpetrators… trying divert further criminal damage also working other young people locality concerned peers done this wanted to show other young people were like that workong young people rangers cemetery cleanup positive project different aspects … South Wirral Bebington Youth Hub redesigned painted music room young women crime prevention panel… under 5 West Wirral… West Wirral Youth Hub Thursdays young people additional needs disabilities accessing Youth Hub… … good practice journals weighting oist families cross agency steering group further funding… demands that particular program item 7 7. 1 housing service new Wirral based .. … yp family… ok.. and again under 7.1 aaare response young people took part healthy eating project positive outcomes chefs Barrow in Furness healthy eating techniques homeless have been… .. ok number 8 partivipation and engagement fee days ago Youth Voice Conference make aware under 8.2 have reported framework young people brought paper previous merting champion event prior Youth Parliament 11/11 what doing champion event sign up become yp champion some activities tea young people and councillors Youth Parliament into Chamber for session… busy collecting motions majority theme conference emotional health and wellbeing number 10 beechwood supporting with homework projects creating number artifacts enable young people doing things like making models atoms sex education… huge models of sperms eggs and ovaries… extremely successful giving to curriculum Daniel end report
Daniel questions… ?
P Gilchrist detail Fender health and safety closure building
Lindsay Mark?
Mark reason closed … throw …at one windows youth club on first floor thick windows stone kind of shattered… unfortuantely quite a long time to get repaired quite blessing in disguise dealing with a lot antisocial behaviour on Woodchurch coming in to building youth workers stop doing this stop doing r ship put on hold a bit take stock go out onto streets build better relationships young people Moira liasing community looking at how involve community volunteers… running youth project … all young people… mischief night along police fire service operation banger have some music playing food fire service providing sports mobile football cage looking into having … finalising the health and safety but really positive … community more and more involved people weren’t reporting antisocial behaviour positive step community get involved yp Woodchurch
T Smith add to what Mark said engagement adults in new approach and that talking about 10-20 live on estate let someone elee do it got good leaders come forward … things move rapidly see a good future for it… hopefully lookimg at very carefully Woodchirch High … antisocial behaviour… headteacher myself working .. encouarging done a lot work
Daniel all questions
P Willaims on 6.4 kids timd ..
officer supported London project families mental health shared group session whole families particular area… work children come back together pizza… got an average … referred into it 18 months at real capacity… 15 adults quite hefty put a stop to it … 2/3 referrals a month
P Willaims very very necessary…
officer lot of good will creative ways keeping going well needed at a satge need look…
officer ward 10/12
C Meaden adult dance class
officer struggling along…
C Meaden quick step or something as long as not Zumba
Officer one
Lindsay one at momemt adult singing…
Cllr Chris Meaden leaves room…
child alumni
Officer film aums it up shown at alumni event watch that
A thirteen minute film was shown at this point in the meeting.
12m58s film
subtitles voice over alumni … participative arts youth work… interview groups individuals… alumni project … camera 40 years old .. fivus take … final stages narrow down final set of images yecgmival skill… quirks of film photography …
like u photographer chloe
music and voice over
iamges …
Liam and Gemma Chloe… blossom tree … courtyard industrial estate next Cammell Lairds…
Pacific swing Eliott
shoot taken at dusk… changing shutter speed… architectural quality capture personalities… piano calmer Cathryn… leaning on piano love music… Ben photographer Jamie Lee… learn a great deal about photographry.. using film cameras… buy one for myself focus every aspect picture … rather stunning iamges … chose photograph them so many ideas choosing wlls interesting decision… interesting shot chose photograph Ben… number shots taken courtyard… rather exciting image… … shows in photograph look like a … … with… camera… I like the light and shadows in studio phases… which gives… before the … happy that i got perfect pictures since shoot … Josh photographer Maya spoke about how … hos story how improved homself… wanted reflect in photographs noticed Josh spoke.. moved graceful way… gentle person.. shadow bigger… wanted Josh suggest to them… camera … for one shoots… shutter speed not as long enjoyed having josh … way chooses words… interesting story … would’ve gone down another lath this shoot taken as film setting photographs… dropped ueard stories how much fun has … character… all told lots of funny stories… take photograph control light noticed … decided use spotlight plesed photograph… Alice many stories how nighty… red dreadlocks started to take photos different side inner confidence … interesting places… compassionate personality… … you are in darkness this is how it should be doing job well… technical skills… chose image close bond between them spotlight … my point… cerebral palsy… interview her … outside the centre… …
….
educational pathway trainibg
officer
C Meaden there that night brilliant night what came out evening young people spoke night explained … excellent evening
officer permanent display … biz cebtee Birkenhead Park some examples here hack stories
large photos put up by windows not all jazz hands through a hard time give back…
officer booking lots viewings.. takes over water a bit
P Willaims basic equipement
P Willaims learning …
officer working on Priory funded by Lottery opening event huge … projections journey take community through journey about 15 in group multiple needs.. large number people on autistic spectrum
P Williams look forward seeing in my ward at Williamson [Art Gallery]
Chair all questions hand back Lindsay Youth Voice Conference
Lindsay this is me youth voice conference on 16/10 havent really evaluated it fully didnt want to miss opportunity highlights conference aims… Youth Voice Conference explore issues important to them… a second about how identified that
628 Cllr Chris Meaden leaves..
Lindsay . again.. opportunity yp question … senior ppl partner organisations what’s imporatnt to them make sure yp truly involved… in terms conference 12th annual conference this year … approcimately 200 young people overwhelmingly wanted theme this years conference emotional health .. yes things like sex education alcohol subtance misuse important what don’t tend to talk about issues mental health wellbeing what particularly about themes look more carefully at.. looking out ourselves and each other … promoted variety invitations secondary schools… youth voice group… overarching group representative youth forums Children in care Council youth voice group planned… and developed conference consulted … identify themes young people involved every aspect conference for young people… looking at daniel involved conference too.. is about making sure young
631 Cllr Chris Meaden returns
Lindsay instrumental subject amtter sensitivity feel as workers .. some .. needed some supoort in terms of our partners plan workshops… organised steering group where yp met whole range partners… Wirral Autistic Society health services and schools whole range people workshops identified talk a little bit more approproate consultant partner agency… plan content workshops… and we again… this year hot seat panel…
Cllr Chris Meaden said she had left the room before they came to that point
Lindsay formulated questions… list some questions.. rather identifying all of them …
Cllr Tony Smith passes out a handout (1 A4 side)…
Lindsay ADHD autism… yp with autism actually wanting to express yourselves coping ooss change social isolation social media aad gaming .. Daniel you say something? putting you on spot concerned not only themselves but perr not going out picking up phone texting can only say what I do lost without my phone yp saying 100 fold real serious issues camh concerned about as well a lot wotkship enabling yp deal issue friends might be too isolated through gaming media literacy… some sterotypes yp concerned … airbrushing photographs what is a real image taking to Council real image not airburshed real people publicity final workshop topic dealing with homophobia… concerned about some issues daily basis .. ok haven’t fully evaluated this early days over 90 young ppl in attendance aktest count 96
Officer
Lindsay 96 plus 20 16 school colleges involved… a scale 1-10 and what were saying to yp said at conference theme emotional health and wellbeing themes Youth Parliament motions.. prioritised in debate.. what incraesingly want to happen Wirral Youth Conference not just standalone influences number deabtes of which Youth Parliament will be one… full evaluation to follow whistlestop tour
Debroah Gornik?.. no matter how many times consult young people cross section generally have same issues as adult population… antisocial behavior litter crime bothers young people exactly same ways articulate in terms telling us … concerns that they have concerns we would have about
C Meaden one I sat in bullying side how recognised children being bullied are kids looking after other kids as well was interesting did sneak out left after
Officer
Chair (Daniel) representative police didn’t answer single question
Officer she did
Chair hand over Steve talk about Wirral summer holiday playschemes report Wirral Play Council summer 2014 if grant give Wirral Play Council run program for us … operating since 1974 how long grant 35 years know chris received grant considerable … so as I said before restructure relook at how deliver schemes essentially meant less schemes conducted … geographical … slight increse provision… also able to get run schemes Prenton Eastham and West Kirby magenat resdents group support … West Wirral constituency spread schemes 68 schmes throught 4 districts additioanl grant smaller projects grant Love Wirral supply tomatoes strawberries growing strawberries tomatoes strawberry deadm took home flowers… cost £500 good value 4.4 again had a good return play work… 60% round about 75 playworkers fully trained qualifiaction recognsied university Gloucester intriductiry recignsied … qualified one things highlight terms program… what gone on to do over the years… lecturers.. one particular person.. deolivering training… started careers introduction work children 2-3 summers working on summer playschemes good ground how develop careers… so just moving on start slides in a second what did on playday obviously a big event … more public event about 3,000 participants what these slides are at the moment have a competition… initially artistic … again what is play asked came up all sorts ideas.. Mayor … judges competition often said won’t have want a competition who’s won really want a competition talking about cooperation climbimg being active examples one from Bebington and Woodchurch these are the plants Love Wirral… climbing wall again this year… Mayor Mayoress we also have this raet street oaijters give yp and oarehts families all get involved early in day looks like France railings Birkenhead Park paint what we want to paint… .. face painting… minim version zorbs health and safety friendly version straw bales.. football cahllenge photo with Mayor … made friends as well another photo with Mayor public heakth police all services… lot of other groups … also families themselves dont have used to supervise children… just invite ppl come down… notice that on day family day out… played and had fun… tahts it .. obviosuly appxed more detail schemes themselves 1,000 chiodren comments children parents what they think
chair question
P Willaims interesting shaped pots…
P Gilchrist dropped into met yp running scheme … from Edge Hill enthusiatsic working hard occupy actaully was … making sire things happened … bottomless pit plan now what os around … …
Officer every year
P Gilchrist ok
Lindsay proposl public consultation could affect Play Council and summer playschemes make people aware ..
Chair all question thanks Steve come back Cllr Tony Smith
Cllr Tony Smith thanks you well done quickly through meeting good experience havent notified any other business…
P Gilchrist ask something haven’t notified haer staff whats done this year’s consultation budget with young peoples views collected fed into process opportunityty committee review in time consultation important scrutiny committees as item based topic go Families and Wellbeing where go once collected?
C Meaden brought in just over 2,500 from young people yesterday and 300 or 400 today don’t know what committe go to hasn’t been discussed yet
D Gornik waiting Council decision once get that position then we look to do consultation young people staff and community users not at that stage until decision
C Meaden … all from .. play schemes quite a few boosted up numbers come into consultation yesterday
Lindsay young people harder to reach… staff comtribute either by website or paper copied
C Meaden making sure aware …
P Gilchrist be clear Deboarh where all collected process to be processed wrong word studied and examined before report to Cabinet not clear where might go to
C Meaden analysis breakdown
T Smith responses each age group
C Meaden in press how many responses staff know how many so far
T smith young people made aware … £2 million is oppty number
C Meaden what public consultation about look at it do best resolve some issues.. cash strapped authority…
P Gilchrist resolved
Chair right date next meeting
Officer next one set January beginning February…
Cllr Tony Smith thanks all Mark and Steve officers Karen and thanks very much
C Meaden Daniel back again fine…
