Wirral Council: It's time for change on Lyndale, consultation and decision making

Wirral Council: It’s time for change on Lyndale, consultation and decision making

Wirral Council: It’s time for change on Lyndale, consultation and decision making

Councillor Tony Smith at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney, Lyndzay Roberts
Councillor Tony Smith at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney, Lyndzay Roberts

Well Emma Rigby has beaten me to it by about six to seven hours about the special Cabinet meeting on the 17th December 2014 is to decide on the future of Lyndale School.

The special Cabinet meeting to discuss the future of Lyndale School is now down to meet in Committee Room 1 in Wallasey Town Hall, Brighton Street, Seacombe starting at 6.15pm. It’s a public meeting so anyone can attend. The agenda should be available around the 10th December. However many of the reports that will be on the agenda have already been published either as part of the consultation or for previous Cabinet meetings on this subject.

I’m glad it isn’t the other special meeting of Cabinet next week which will be about something else.

I’ve done a bit of thinking about the consultation, officer advice and councillor decision-making on the subject of disability issues ahead of Friday’s meeting of the Highway and Traffic Representation Panel.

The constitution of Wirral Council states that councillors have to take on board the responses to a consultation and officer advice when making decisions.

What used to happen was a consultation would be agreed. It would run for x weeks or xx weeks, then there’d be a further public meeting at which all the consultation responses were published and the matter discussed.

Now what seems to happen at Wirral Council is this (not just over Lyndale but other matters).

A consultation on whatever change or policy issue is held running from date x to date y.

Following the end of the consultation (date y) Wirral Council employees read through the consultation responses. They then pick out the bits out of the responses they want to and put them in a report. In fact, as the ideas expressed in this report won’t be attributed back to the consultation respondees in academia it would be classed as plagiarism.

Once they’ve cherry picked the bits of the consultation they want to respond to, they’ll include a summary of them in the report, but alter the responses by including a response from officers.

Often these responses will state how the people responding (although they raise valid points) are somehow wrong and the recommendation consulted on should just be agreed (by councillors).

Councillors never see the consultation responses, nor do the public. Some consultation responses people with publishing capabilities (for instance individual councillors or political parties) are published during the consultation.

So what eventually happens is politicians just see a one-sided report written by officers, with brief references to the consultation responses but with more in the report stating officer’s advice than the actual consultation responses.

Naturally anything inconvenient brought up in the consultation, or points raised that officers don’t have a clever answer to gets left out of the public report.

Those who responded to the consultation (if they’re lucky) turn up to the public meeting where this is decided. If by some minor miracle one of the people responding to the consultation actually gets permission to speak at the meeting from the Chair.

Usually they are told they can’t speak as Article 21 although signed up to by Wirral Council was never implemented in their constitution. Although people do have a legal right (in the Human Rights Act 1998 c. 42) to freedom of expression, they will be told they can’t speak either. In an authority that gets annoyed with the press for filming public meetings what do you expect?

In my opinion, it’s a terrible, terrible way to run local democracy and make decisions. It leads to widespread resentment of certain politicians (and Wirral Council employees) and makes people think it’s terribly unfair. Maybe it suits some people though.

It means you have a two tier system. Those with the education, resources and/or connections can get their voice heard on any issue they want. Everyone else (even if they’ve responded to a consultation) just gets lost in the crowd.

It’s something I find personally very wrong about Wirral Council democracy and needs to change as a matter of urgency.

Take both Liverpool City Council and Chester West and Chester as examples. In both cases people can table questions at certain public meetings and speak at public meetings even if they’re not councillors or employees of the organisation.

On Wirral, especially since the abolition of the Area Forums, the public seem to have been written out of the political process. OK they get a vote (or two votes next year), but that’s about it. In many places people know their vote won’t make a difference to the outcome leading to apathy.

The rest of the time (outside of elections) the public are politely ignored by politicians who know they only need to get a minimum of 42% of the votes of the people who do vote to get re-elected under the first past the post system. It’s led to a situation where senior Wirral Council officers and senior politicians have too much power and the checks and balances just aren’t even there or ain’t working.

When the checks and balances are used (such as call in) councillors are just accused of playing party politics for actually holding other politicians to account!

Nothing will change unless the people demand it. Even then the politicians will probably get excuses from the employees as to why changes can’t be made. Even the unions seem to be having a hard time.

I despair of Wirral Council politics at times, I really do! The fallout from what’s going on affects my workplace too. However it’s time to come up with a plan to bring about change and to carry it out. I know the press from a balance perspective aren’t really supposed to have an opinion on matters other than freedom of speech/freedom of expression/the media.

However it’s time to point out that although there are always the elections in May 2015 that the fundamental nature of how Wirral Council makes decisions is either broken, fundamentally flawed or being routinely abused by those with vested interests in maintaining their power base.

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Wirral Council in numbers: 3 senior managers leaving, 2 buildings fall down and 2 public meetings cancelled

Wirral Council in numbers: 3 senior managers leaving, 2 buildings fall down and 2 public meetings cancelled

Wirral Council in numbers: 3 senior managers leaving, 2 buildings fall down and 2 public meetings cancelled

                                                    

Employment and Appointments Committee 27th October 2014 Committee Room 2 L to R Cllr Gilchrist Lib Dem, Chris Hyams Head of HR, Cllr Adrian Jones Labour Chair, Andrew Mossop Committee Services and Graham Burgess outgoing Chief Executive
Employment and Appointments Committee 27th October 2014 Committee Room 2 L to R Cllr Gilchrist Lib Dem, Chris Hyams Head of HR, Cllr Adrian Jones Labour Chair, Andrew Mossop Committee Services and Graham Burgess outgoing Chief Executive

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You can watch the meeting of the Employment and Appointments Committee of 27th October 2014 above at which the Employment and Appointment Panels referred to below were created.

As there is so much happening at Wirral Council now, I thought it was best to write a general piece about a few different topics at Wirral Council.

The public meeting of the Coordinating Committee last week which met to decide a call in of the decision to consult on closure of Children’s Centres was unexpectedly brought to a halt and adjourned (without yet reaching a decision or hearing all witnesses) as the Wallasey Town Hall was evacuated due to the collapse of two Council-owned buildings in nearby King Street.

This story has been widely covered by the media. The main road outside where the building collapsed was closed that evening (but has since been reopened). As I was nearby that evening, I can say that there was a large emergency services response (Merseyside Police, Merseyside Fire and Rescue Service and North West Ambulance Service) and also organisations such as National Grid responded to cut off the gas supply.

As Wirral Council owned the properties that fell down, questions were asked by politicians and the press as to why the buildings fell down. However I will leave that story for now and move to other matters.

Two public meetings that should have happened in the next week at Wirral Council have been cancelled. These are:

19th November 2014 5.30pm Licensing Act 2003 Committee, Committee Room 1, Wallasey Town Hall (contact: Anne Beauchamp | Chair: Cllr Bill Davies (Labour)
24th November 2014 6.00pm Standards and Constitutional Oversight Committee, Committee Room 1, Wallasey Town Hall (contact: Shirley Hudspeth | Chair: Cllr Bill Davies (Labour))

Presumably standards are now so high at Wirral Council that there can be a budget saving achieved from councillors travel expenses, employee costs and the room hire for the cancelled Standards and Constitutional Oversight Committee not meeting. The Licensing Act 2003 Committee’s remit is not unsurprisingly to do with the Licensing Act 2003 c.17. As everyone on Wirral knows, there are no problems whatsoever with pubs, clubs, off licences, late night refreshment or other related activities on the Wirral. Wait a sec, news just in. Seems there is a problem (according to residents). Here’s a question submitted by one of the Oxton residents to the Birkenhead Constituency Committee meeting of 30th October 2014:

Name: Alfred Lennon (Oxton Village People)
Date Received: 23rd October 2014
Query: Wirral has a problem with alcohol as detailed it its Joint Strategic Needs Assessment and requiring the recent police crackdown. Yet the Authority persists in licensing ever more premises with ever longer drinking hours. Why cannot the Authority be brave, reduce the number of licensed premises AND reduce their opening hours?

Response from Wirral Council Licensing Section:

The Licensing Application Process

When a Licensing Authority received an application for a new premises licence or an application to vary an existing premises licence, it must determine whether the application has been made in accordance with section 17 of the Licensing Act 2003 (the Act), and in accordance with regulations made under sections 17(3) to (6), 34, 42, 65 and 55 of the Act. This means that the Licensing Authority must consider among other things whether the application has been properly advertised. These requirements are different to those connected to the Planning process.

Under the licensing regime an applicant is required to display a blue notice on the premises and publish a notice in a local newspaper providing details of the application. The applicant must also serve the application on the Responsible Authorities which are: the Police, the Fire Authority, Trading Standards, Environmental Health, Planning, the Area Child Protection Board, the Licensing Authority and Public Health who are all entitled to make representations. In addition to this, the Council published details of all application on the Council’s website and circulates these details to all Councillors. Representations can also be made by any person, which can include residents and businesses whom may be affected by a premises.

The Licensing Authority may only accept relevant representations. A representation is “relevant” if it relates to the likely effect of the grant of the licence on the promotion of at least one of the four licensing objectives. In other words, representations should relate to how the licensable activities carried on from premises impact on the objectives. For representations in relations to variations to be relevant, they should be confined to the subject matter of the variation.

Four Licensing Objectives:

  • The Protection of Children from Harm
  • The Prevention of Crime and Disorder
  • The Prevention of Public Nuisance
  • Public Safety

Wirral Council’s question then goes on for a further A4 side on Cumulative Impact. Just commenting on their answer for a moment to this point from what I remember of current policy (I may be a little rusty so don’t rely on this), as a general rule (*which depends on the circumstances of the application) if there are objections to a new premises licence or application to vary a premises licence it gets decided at a public meeting of the Licensing Act 2003 subcommittee by 3 councillors.

A certain amount of other applications don’t get this scrutiny and are either decided by officers (based on a policy agreed by councillors). What’s left out of the answer is that anyone can request a licence review (if you have the time, paper and postage to do this) which results in an existing licence being reviewed.

This doesn’t happen very often (rarely is what I’d say) as either most people don’t know they can do this, or don’t want to or they don’t know how. I doubt it would be in Wirral Council’s financial interests to tell people how as it would lead to more public meetings of the Licensing Act 2003 subcommittee and then they’d have to put up the fees charged to those running premises as it costs Wirral Council £thousands (room hire, councillors travel expenses, employee time, website running costs, printing of agenda/reports, postage et cetera) each time they hold a public meeting.

However moving on from employee time to an employee leaving. On 31st December 2014 Graham Burgess (the Chief Executive leaves). There isn’t time to appoint a new Chief Executive to start on 1st January 2015 as the post hasn’t even been advertised yet.

The Chief Executive is also Wirral Council’s Head of Paid Service, Returning Officer and Electoral Registration Officer.

So before a new Chief Executive is appointed who will fill these important roles (the latter two especially important because there is an election for Wirral’s 4 MPs and 22 councillors in May 2015). The Head of Paid Service, Returning Officer and Electoral Registration Officer role are all ones Wirral Council is under a legal obligation to have someone in post for. However the decisions have to be made by Council (a meeting of Wirral Council’s councillors) before 31st December 2014.

In addition to Graham Burgess leaving on the 31st December 2014, so is Vivienne Quayle (currently Director of Resources and s.151 officer).

So these are the interim management arrangements currently down to be discussed which will then (assuming the Employment and Appointments Panel approve them) be a recommendation to Council which meets on the 8th December 2014 (this report has a typographical error and states 8th December 2015 by mistake) to decide on an Acting Chief Executive and Acting Head of Paid Service.

Also Council on the 8th December 2015 will need to appoint a Returning Officer and Electoral Registration Officer.

These are the following recommendations (subject to Employment and Appointments Panel agreement and Council agreement on the 8th December 2014):

Returning Officer: Surjit Tour (Head of Legal and Member Services)
Deputy Returning Officer: Joe Blott (Strategic Director of Transformation and Resources)
Acting Electoral Registration Officer: Surjit Tour (Head of Legal and Member Services)
Acting Deputy Electoral Registration Officer: Joe Blott (Strategic Director of Transformation and Resources)
Acting Chief Executive and Head of Paid Service: recommendation to be made by appointment panel on 24th November 2014 to Council meeting on the 8th December 2014

Due to Vivienne Quayle leaving, these are the proposed interim management arrangements recommended to the Employment and Appointments Panel who then have a choice whether to recommend these to Council regarding Ms Quayle leaving:

Acting Section 151 Officer: Tom Sault (Head of Financial Services) regraded from HS2 (now not the proposed railway but a salary grade at Wirral Council) to HS1 for interim period
Acting Deputy Section 151 Officer: Jenny Spick (Finance Manager)
Acting Senior Information Risk Owner (SIRO) (recommendation to Council): Mike Zammit (Chief Information Officer)
Audit function and Procurement function (functional responsibility in Resources division): Tom Sault

There is also a third member of the senior management team leaving too, but arrangements won’t be decided on that until a meeting on the 10th December 2014. That person leaving is Emma Taylor (Head of Specialist Services) in the Families and Wellbeing Directorate. Emma Taylor leaves in December 2014 and the responsibilities of the Head of Specialist Services post are children’s social work, fostering, adoption and children in care.

Helping Wirral Council with the above are Penna PLC (for which they are being paid £15,000 for each post so £45,000 in total) and the Local Government Association.

The seven councillors who will be making the above recommendations to Council in the near future are the seven on the Employment and Appointments Panel who are:

Cllr Phil Davies (Labour)
Cllr Ann McLachlan (Labour)
Cllr George Davies (Labour)
Cllr Adrian Jones (Labour)
Cllr Jeff Green (Conservative)
Cllr Lesley Rennie (Conservative)
Cllr Phil Gilchrist (Lib Dem)

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Banned video on Lyndale School restored to Youtube; Wirral Council still prevents filming at 2 public meetings

Banned video on Lyndale School restored to Youtube; Wirral Council still prevents filming at 2 public meetings

Banned video on Lyndale School restored to Youtube; Wirral Council still prevents filming at 2 public meetings

                                                

Councillor Tony Smith at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney, Lyndzay Roberts
Councillor Tony Smith at the Special Cabinet Meeting of 4th September 2014 to discuss Lyndale School L to R Cllr Stuart Whittingham, Cllr Tony Smith, Cllr Bernie Mooney, Lyndzay Roberts that Sony prevented being watch on Youtube until now.

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Ed – Updated 11:58 14/11/2014 to include additional information.

Well the above Youtube video of the Cabinet meeting of the 4th September 2014 (previously blocked by Youtube in Germany and unavailable for anyone to view for the last fortnight because of Sony) can now be viewed.

Sony Music Entertainment haven’t sued me, so the video has to go back. My arcane knowledge of the counter notification provision to a DMCA takedown notice in the American Digital Millenium Copyright Act paid off.

The issue was to do with the use of the music track “We bought a Zoo” [2011] by Icelandic musician Jónsi.

It means the 15 minute restriction on videos, restrictions on live broadcasts is no lifted on the main Youtube channel I use. Also the account is returned to good standing.

However in future at a public meeting, even though I can justify fair use on the grounds of news reporting, to prevent the making of false allegations of copyright infringement and this happening again, I have decided not to film videos shown during public meetings (obviously there may be exceptions to this general rule).

With regards to the Lyndale School video, the fact that Jónsi is blind adds another interesting element to the Lyndale story.

It’s not however just Sony Music Entertainment that have tried to prevent footage of Wirral Council’s public meetings being shown. Wirral Council tried it at a call in earlier this year in February (about Lyndale).

Also at a recent meeting of the Youth and Play Service Advisory Committee on the 28th October and the Youth Parliament on 11th November Wirral Council were adamant that for child protection reasons these public meetings couldn’t be filmed.

This was because at the meeting on the 28th there was a 16-year-old present and at the meeting on the 11th November, there were 11-18 year olds present in addition to councillors.

Strangely enough on that very topic the Youth Parliament, the BBC are filming (and showing on BBC Parliament today) from 11.10am-12.40pm and 1.40pm onwards the Youth Parliament debating in the House of Commons.

In fact here is a quote from one UK Youth Parliament member Ciara Brodie from Liverpool (who will be leading a debate):

“Friday 14th November will be an incredible day, not only for those sitting in the chamber, but for young people across the country. This is the day when hundreds of Members of Youth Parliament will take to the green benches of the House of Commons and debate on the issues that are most important to us. These five issues have been decided by a nationwide ballot taken part in by over 865,000 11-18 year olds. This day will be symbolic, because young people often feel excluded from politics, and like their voices are neither acknowledged nor represented in Parliament. This sitting is an incredible opportunity to engage young people from across the UK in political debate, just months before a General Election. With educational reform a hot topic and 16 and 17 year olds voting in the Scottish Referendum, there has never been a more important time to listen to young people. It is one thing to be given a voice but hopefully, as a result of this debate, young people will also be listened to. This is our chance to make our mark in the heart of Westminster.”

Here is what a Youth Parliament document states about the filming today:

Television coverage

The debates will all be filmed. BBC Parliament will be broadcasting the debates live with a five minute time delay.
The debates will also be streamed “live” with a time delay directly to the newsrooms of the BBC, Sky, etc – so that broadcasters may use the footage that day if they want to.

It is very important that during the debates MYPs don’t say anything that is factually incorrect (i.e. slanderous), don’t swear and are careful not to damage the reputation of Parliament (e.g. call MPs liars!). We will be taking legal advice on anything that could be considered slanderous and any such statements will have to be removed.
The microphones and cameras will be on in the Chamber at all times.”

Coverage of the morning session will be broadcast on the BBC Parliament channel today (14th November 2014) starting at 8.20pm.
Coverage of the afternoon session will be broadcast on the BBC Parliament channel today (14th November 2014) starting at 9.50pm.

Coverage of the morning session will be available on BBC Iplayer at this link (1h30m).
Coverage of the afternoon session will be available on BBC Iplayer at this link (2h10m) .

That’s a total of 3h40m of footage.

The problem however is despite the House of Commons changing the law at Wirral Council, the officer/councillor requests to ban filming the public meeting of Wirral Council of the Youth Parliament earlier this week, especially as the Openness of Local Government Bodies Regulations 2014 meant that from August 6th 2014 Wirral Council could no longer ban any filming at its public meetings, just looks somewhat slightly silly now, old-fashioned, possibly unlawful when the BBC are filming the Youth Parliament in the House of Commons at a public meeting to a much wider audience?

Maybe Wirral Council’s child protection policy will prevent its UK Youth Parliament members (aged between 11-18) actually being involved at all in London at the House of Commons today (which if it does that’s a shame). Mind you under their “child protection policy” the public & press have been told in the past aren’t even allowed to know even the names of who from Wirral represents the views of young people on the Youth Parliament!

In Wirral of course, with full approval from Wirral Council’s Cabinet, children’s voices are not to be heard outside of meeting rooms at public meetings on political issues. The reason given is because “they’re children” and of course Wirral isn’t known to as the “insular peninsula” for no reason. It’s however really part of a wider cultural attitude against openness and transparency and of trying to control the press.

Wirral will probably also say its for safeguarding reasons, however I would say the effect of broadcasting on national TV, online and through other broadcasters is likely to reach a much wider audience than probably the fifty or sixty views there would have been of the Youth Parliament meeting at Wirral Council.

What have Wirral Council actually got to hide when it comes to teenagers? Do they just so ever conveniently forget at time they get £millions of public money to spend on their education?

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Dan Stephens answers questions at 4th public consultation meeting on Greasby, Upton & West Kirby fire station plans

Dan Stephens answers questions at 4th public consultation meeting on Greasby, Upton & West Kirby fire station plans

Dan Stephens answers questions at 4th public consultation meeting on Greasby, Upton & West Kirby fire station plans

                                                                         

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Merseyside Fire and Rescue Authority consultation public meeting on closure of Upton and West Kirby fire stations and creation of new fire station at Greasby. Greasby Methodist Church Hall 10th November 2014 starting at 7.00pm (Part 1)

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Merseyside Fire and Rescue Authority consultation public meeting on closure of Upton and West Kirby fire stations and creation of new fire station at Greasby. Greasby Methodist Church Hall 10th November 2014 starting at 7.00pm (Part 2)

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Merseyside Fire and Rescue Authority consultation public meeting on closure of Upton and West Kirby fire stations and creation of new fire station at Greasby. Greasby Methodist Church Hall 10th November 2014 starting at 7.00pm (Part 3)

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Merseyside Fire and Rescue Authority consultation public meeting on closure of Upton and West Kirby fire stations and creation of new fire station at Greasby. Greasby Methodist Church Hall 10th November 2014 starting at 7.00pm (Part 4)

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Merseyside Fire and Rescue Authority consultation public meeting on closure of Upton and West Kirby fire stations and creation of new fire station at Greasby. Greasby Methodist Church Hall 10th November 2014 starting at 7.00pm (Part 5)

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Merseyside Fire and Rescue Authority consultation public meeting on closure of Upton and West Kirby fire stations and creation of new fire station at Greasby. Greasby Methodist Church Hall 10th November 2014 starting at 7.00pm (Part 6)

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Merseyside Fire and Rescue Authority consultation public meeting on closure of Upton and West Kirby fire stations and creation of new fire station at Greasby. Greasby Methodist Church Hall 10th November 2014 starting at 7.00pm AUDIO ONLY (complete meeting 2h7m) (Part 7)

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Playlist of Merseyside Fire and Rescue Authority consultation public meeting on closure of Upton and West Kirby fire stations and creation of new fire station at Greasby. Greasby Methodist Church Hall 10th November 2014 starting at 7.00pm

Dan Stephens Chief Fire Officer, Merseyside Fire and Rescue Service at Greasby Methodist Church Hall, Greasby Road, Greasby on 10th November 2014 for consultation meeting on closure of Upton and West Kirby fire stations and merger at Greasby
Dan Stephens Chief Fire Officer, Merseyside Fire and Rescue Service at Greasby Methodist Church Hall, Greasby Road, Greasby on 10th November 2014 for consultation meeting on closure of Upton and West Kirby fire stations and merger at Greasby

The second of the meetings in Greasby (and the fourth consultation meeting overall) was held in Greasby Methodist Church Hall, Greasby Road on the 10th November 2014 starting at 7.00pm.

The main hall was packed with many people (as you can see from the photo below taken shortly before it started), so were two overflow rooms in the same building.

Greasby Methodist Church Hall 10th Nov 2014 Large numbers of the public at a Merseyside Fire and Rescue Service consultation meeting to discuss fire station closure plans at West Kirby and Upton and new fire station plan at Greasby
Greasby Methodist Church Hall 10th Nov 2014 Large numbers of the public at a Merseyside Fire and Rescue Service consultation meeting to discuss fire station closure plans at West Kirby and Upton and new fire station plan at Greasby

The purpose of the meeting was as part of the 12 week consultation on the closure of Upton and West Kirby fire stations and the creation of a new fire station in Greasby on the Wirral. This came about following a decision of the Merseyside Fire and Rescue Authority on the 2nd October 2014 to proceed to consultation.

Chairing the meeting (which started later than the time it was supposed to of 7.00pm) on the 10th November 2014 was Peter Rushton (Director of Corporate Communications, Merseyside Fire and Rescue Service). He introduced Dan Stephens (Chief Fire Officer, Merseyside Fire and Rescue Service) and stated that there were a number of senior managers of the Merseyside Fire and Rescue Service also present.

Peter Rushton said that there would be an opportunity during the meeting to make comments and ask questions of the Chief Fire Officer (Dan Stephens). Dan Stephens would be giving a presentation on what the consultation, however Mr. Rushton made it clear that it was not a planning consultation. He said this was the fourth public meeting and the second meeting in Greasby.

He asked anybody speaking during the meeting to use the microphone so everybody could hear and take part. There were two other rooms also full of people and he hoped as many people as possible would fill out the survey forms on the tables and they would like people to fill in. Mr. Rushton said that he intended to finish the meeting by 9 o’clock.

The Chief Fire Officer, Dan Stephens said that he didn’t control the presentation, so he would ask his colleagues to move slides on. He said that at the risk of insulting people’s intelligence he wanted to make it clear from the outset that the Merseyside Fire and Rescue Authority was a standalone statutory body and not Wirral Metropolitan Borough Council. He said that in the same way the Chief Constable has responsibilities for operational policing, that he as Chief Fire Officer was responsible for operational fire and rescue cover on Merseyside. That was the context in which he was speaking that evening.

Related articles:

11/11/14 Merseyside fire chiefs move to reassure residents over Wirral station merger by Peter Guy (Liverpool Echo)

10/11/14 Hundreds attend second public meeting in Greasby on proposed fire station merger by Craig Manning (Wirral Globe)

29/9/14 Councillors to decide soon on starting 12 week consultation on closure of West Kirby and Upton fire stations by John Brace

28/1/14 Merseyside’s Chief Fire Officer Dan Stephens answers councillor’s questions about proposed closures of Wirral’s Fire Stations by John Brace

24/9/13 West Kirby and Upton Fire Stations face axe in Merseyside Fire and Rescue Authority savings proposals by John Brace

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3 invoices about the Wirral Waters Section 106 agreement with Peel which raises a VAT question?

3 invoices about the Wirral Waters Section 106 agreement with Peel which raises a VAT question?

3 invoices about the Wirral Waters Section 106 agreement with Peel which raises a VAT question?

                                                    

I’d better start this piece by declaring an interest in that I can see the Wirral Waters site from where I live as it’s not that far away.

Below are three invoices that however many times I look at them don’t make much sense to me. However maybe through writing about them I can make more sense of them. I may have this wrong, so if I have please leave a comment as elements from one invoice appear on the other ones so maybe I’m not counting things correctly.

All three are from Eversheds LLP (a firm of solicitors) with an office in Manchester. I’ll put them in chronological order:

20/2/13 Interim Invoice | Wirral Waters Section 106 agreement (to November 2012) | £10,000 + VAT £2,000 = £12,000 | £10,000 paid by Peel Land and Property (Ports) Limited | £2,000 paid by Wirral Council (VAT element)

15/4/13 Interim Invoice | Wirral Waters Section 106 agreement (to November 2012) | £8,133.90 + VAT £1,617.58 = £9,751.48 | £8,133.90 paid by Peel Land and Property (Ports) Limited | £1,617.58 to be paid by Wirral Council (VAT element)

29/4/13 Invoice | Wirral Waters Section 106 agreement (28 June 2011 to 31 July 2012) | £8,000 + VAT £1,577.20 = £9.577.20 | £8,000 paid by Peel Land and Property (Ports) Limited | £1,577.20 to be paid by Wirral Council (VAT element)

Total (across three invoices) paid by Peel Land and Property (Ports) Limited: £10,000 + £8,133.90 + £8,000 = £26,133.90
Total (across three invoices) paid by Wirral Council : £2,000 + £1,617.58 + £1,577.20 = £5,194,78

Which leads me to the obvious question about VAT. When a developer such as Peel Land and Property (Ports) Limited have a legal firm (in this case Eversheds) to draw up a section 106 agreement between themselves (Peel Land and Property (Ports) Limited) and Wirral Council, why does Wirral Council pay the VAT?

I’m not an accountant, so maybe somebody out there with a better understanding of the tax code and VAT issues can help me! Please leave a comment if you understand this better than me!

Wirral Waters section 106 agreement interim invoice Wirral Council 20th February 2013 £12000
Wirral Waters section 106 agreement interim invoice Wirral Council 20th February 2013 £12000
Wirral Waters section 106 agreement interim invoice Peel Land and Property (Ports) Limited 15th April 2013 £9751 48p
Wirral Waters section 106 agreement interim invoice Peel Land and Property (Ports) Limited 15th April 2013 £9751 48p
Wirral Waters section 106 agreement invoice Wirral Council 29th April 2013 £9577 20p
Wirral Waters section 106 agreement invoice Wirral Council 29th April 2013 £9577 20p

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