Tag: accountability

The dark days of Wirral Council and the "bureaucratic machinations" surrounding the Anna Klonowski Associates report

The dark days of Wirral Council and the “bureaucratic machinations” surrounding the Anna Klonowski Associates report

The dark days of Wirral Council and the “bureaucratic machinations” surrounding the Anna Klonowski Associates report

                                                            

Councillor Steve Foulkes answers a question during the public question time section of a Council meeting in December 2011
Councillor Steve Foulkes answers a question during the public question time section of a Council meeting in December 2011

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The public question time element of the Council meeting on 12th December 2011

I thought I would write a blog post today on what was probably one of those nearly forgotten times in Wirral Council’s history (which you can watch above recorded by my wife).

I include a transcript below about what was said at that meeting and well worth watching is another video below which is a clip from when a discussion of the same issue was on the North West News in January 2012. It was around the time of the news clip that Leonora and I decided to leave the Liberal Democrats.

It’s also worth pointing out at this stage that in 2011 the Liberal Democrats (proposed by Cllr Pat Williams, seconded by former Councillor Ann Bridson) suspended me with one of the reasons given was that I had criticised Cllr Foulkes (a Labour councillor).

The rest as they say is history, shortly after Cllr Foulkes was removed as Leader of Wirral Council in a vote of no confidence and the Labour administration was replaced by a short-lived Conservative/Lib Dem one.

I will at this point, point out two of the Nolan principles which all councillors had signed up to as part of the Code of Conduct which are accountability “Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.” and openness “Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.”

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John Brace: There has been much public interest in the (as yet unpublished) AKA (Anna Klonowksi Associates Ltd) report into issues that need to be remedied at Wirral Council.

My personal view is that Wirral Council needs to publish the report, reassure the public what it’s doing differently now and restore its tarnished reputation as a result of the events that led to the report being commissioned.

Please could you answer:

a) what date the report will be published on and whether changes are to be made between the draft version and final version (if so the reasons why) and

b) an update on changes and decisions made since the report, as a result of the report becoming available in draft form, including progress (which includes consultation) already made and how the changes will benefit Wirral Council, its staff, its councillors and the public?

Cllr Steve Foulkes: [sighs] What a surprise seeing you here John! [laughter]

Well, can I just thank you for your question? And, and this is a genuine, genuine answer, errm which will be backed up by a errm official statement which has been circulated to all elected Members and it is a public document so I’m more than happy for you to have a copy of that.

If you haven’t got it yet you’ll receive it very, very shortly.

As long as I’ve been Leader, I’ve been pressing both Anna Klonowski and the officers to [inaudible] of the long awaited report. It’s not in this Council’s interests for this to drag out any longer.

But it is in the Council’s interests is that procedure is done properly and within err natural justice and err you know protection for the Council’s future err prospects and liabilities. Currently err Miss Klonowski and her independent solicitors are conducting a Right to Reply process.

The purpose of this and its current state of progress is fully explained in the Director of Law’s advice note which has been circulated to all councillors.

Like I just said a copy is on its way to you immediately and I cannot you know give a specific date for publication of the final report but I give you my assurance that I will do all I can to make this soon and as and as reasonably possible.

As I say it’s not in this Council’s best interests to drag on.

We want the department to move forward. We want the Council to move forward.

What we have done though in terms of of what reports are available.

We’ve insisted that the corporate governance issues are up and running and they are believed to be at the stem of some of the issues in the other report.

I can’t say any further than that.

So I can’t you know. It would be wrong to me to tell you lies, or or or to pretend I’m, but at this point of time I cannot given that the Director’s advice note.

I believe we’ll say it’s inappropriate to publish that report.

If we are true to our word that you know whistleblowers should be protected and are important within our Council’s processes, then therefore anyone involved in the whistleblower process should have the same rights as the whistleblower and my view is that individuals have the Right to Reply, have the right for natural justice and I don’t believe that we should hurry justice just for the sake of of of of err public you know public clamour.

If the report is correct, and final replies (inaudible) then we in public cannot in full conscience cannot act upon it.

It’s not at that state yet and that’s not through any fault or mine.

Mayor Moira McLaughlin: OK, Mr. Brace, content with that?

John Brace: I have just one small supplementary.

Mayor Moira McLaughlin: Supplementary [inaudible] understand that.

John Brace: Yes, err can you give an approximate timescale, in the Spring of next year or you know something like that?

Mayor Moira McLaughlin: I think he has answered that Mr. Brace to be fair.

Cllr Steve Foulkes: I would would hope, I would hope it’s as soon as possible.

I’ve not been given an exact date.

But I have been informed, and as we’ve all been informed, that progress has been made on the Right to Reply. Err, there are some late Right to Reply issues come in come into the system as I think are detailed in Bill’s report.

Everything around this issue is within the report of the Director of Law and I think that once you will read that you will understand the difficult position he got in in this type of report.

As I say it’s not in the Council’s interests, or my interests or anybody’s interest for that report to be delayed any longer than it need be.

Because I think quite frankly people need to move on, the Authority needs to move on and rights need to err err wrongs need to be put right, and I’m interested in that happening.

But, I can’t give you an exact date and I’m not going to give you out an answer to this supplementary.

John Brace: Ok, thank you.

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Councillor Paul Hayes: “I would be concerned if they were meetings behind closed doors”

Councillor Paul Hayes: “I would be concerned if they were meetings behind closed doors”

Councillor Paul Hayes: “I would be concerned if they were meetings behind closed doors”

                    

Yesterday’s Families and Wellbeing Policy and Performance Committee started the right way with people from the Clatterbridge Cancer Centre to discuss with the Committee the reasons behind their proposals. I’ve already outlined what is proposed in a previous blog post titled EXCLUSIVE: NHS Consultation on impact on 2,269 Wirral cancer patients of Clatterbridge inpatient and outpatient cuts. You can hear people from Clatterbridge Cancer Centre explain the proposals and answer questions in the video below.

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However the decision made by the Committee at the end of the discussion was that the change proposed was substantial, so that means a joint scrutiny committee will be created. Wirral Council’s representatives on that joint scrutiny committee will be Cllr Moira McLaughlin and Cllr Wendy Clements (the names of a number of deputies were also mentioned at the meeting).

Then Andrew Cranshaw of NHS of the NHS England Team spoke to his report on their two year plan. A number of questions were asked by councillors on subjects such as health screening, NHS changes and health visitors.

The next item was the Future Council item which Claire Fish spoke at length about during a Powerpoint presentation (one of many long Powerpoint presentations during the meeting). The Future Council proposals will go out to public consultation in September and seem to be the new name for what was called last year “What Really Matters?”. Councillors asked questions about the Central Advice and Duty Team, shared services and other matters. The comments made to the end of this item (which start at 3:54 in the video clip link to) are interesting as they show a different approach now Labour are chairing this Committee rather than a Conservative councillor.

COUNCILLOR MOIRA MCLAUGHLIN (CHAIR)
Does anybody else want to ask a question? Can I take you back to the two last questions and take a feel about the way you’d like to approach them, myself I feel that the formal meeting, errm this doesn’t allows us to give sufficient time in my view, to give an in depth investigations and I would prefer the workshop approach. Obviously we’re taking the views of the Coordinating Committee. Can I just take a feel and views on that?

COUNCILLOR MIKE HORNBY
Chair, we discussed this previously and it does seem to me that it’s certainly to achieve anything we’ve got to look at the detail and with this room involved you cannot have the number of people sitting round this table to look at the detail. It’s just not possible. So I think what’s being suggested, I won’t be involved with, but I think that is the right way forward.

COUNCILLOR MOIRA MCLAUGHLIN (CHAIR)
OK, thank you very much and thanks to you Claire and I’ll move on if everybody’s ok with that, ok sorry Wendy, sorry.

COUNCILLOR WENDY CLEMENTS (CONSERVATIVE SPOKESPERSON)
Just a brief comment Moira, as well as workshops so that everybody can be involved in the meeting I would suggest as was discussed at the briefing that we might need a longer time as well so that we don’t have to rush through things at a time when people could be increasingly …

COUNCILLOR MOIRA MCLAUGHLIN (CHAIR)
Right, ok let’s see if we can get together and…

COUNCILLOR TONY NORBURY
Isn’t the economics that drives that?

COUNCILLOR MOIRA MCLAUGHLIN (CHAIR)
Well I actually think that there is some work we can probably do to work out now, best to come up with something settled and different workstreams. Yes?

COUNCILLOR PAUL HAYES
Just a point which occurred to me in relation to what seems to be the consensus and the preference for workshop working if you like. I’d be concerned that we ensure that those types of meetings or workshops are accessible to the public perhaps and there’s built in accountability with it.

COUNCILLOR MOIRA MCLAUGHLIN (CHAIR)
OK (nodding).

COUNCILLOR PAUL HAYES
I would be concerned if they were meetings behind closed doors.

COUNCILLOR MOIRA MCLAUGHLIN (CHAIR)
It was raised at the meeting of the Coordinating Committee about concerns about that. OK, thanks very much and thanks for your input, errm there’s still a lot to do there and I take on board your comments on that.

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New law to make it mandatory to record individual councillor’s votes (by name) at Wirral Council’s Budget Council

New law to make it mandatory to record individual councillor’s votes (by name) at Wirral Council’s Budget Council

New law to make it mandatory to record individual councillor’s votes (by name) at Wirral Council’s Budget Council

                    

Coming into force on the 25th February 2014 (the day Wirral Council decides on its budget), the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014 will mean that the votes of each individual councillor on the budget (and amendments) will be recorded by name in the minutes of the meeting. This will include any councillor who votes for, against or abstains.

The Rt Hon Eric Pickles MP said in a written statement “Over the coming weeks, councils will be holding their annual budget meetings at which they will formally take decisions about their expenditure on local services and their council tax levels for the year ahead. These discussions will affect the lives and household budgets of all who live in the council’s area.

Local people should be able to see how those they have elected to represent them have voted on these critical decisions. However, such decisions could be clearer.

A survey by Conservative Way Forward in August 2013, based on Freedom of Information Act requests to 340 councils, found that 78% of councils could not or would not say how councillors had voted on setting that year’s council tax. Three-quarters of councils which chose not to freeze council tax had not recorded their votes.

The Local Audit and Accountability Act 2014 will lay the way for greater reporting of council meetings using digital and social media. To complement this, we believe that local accountability would be further enhanced by asking all councils to publish, as a matter of record, how each councillor votes on any budget decisions including council tax changes. Indeed, recorded votes are the norm for parliamentarians.

Accordingly, we have written to every council leader making clear our expectation that this year all councils will adopt at their budget meeting the practice of recording in the minutes of the meeting how each member has voted on the budget and amendments to the budget.

To facilitate this, we laid before Parliament the Local Authorities (Standing Orders) (England) (Amendment) Regulations 2014 which make provision requiring councils to amend their Standing Orders (it is open to councils to waive them before they can be permanently amended) so as to make mandatory the practice of recorded votes at budget meetings.

This small but practical reform increases council transparency and accountability over council tax, and highlights the work that councillors do in championing their communities and representing local electors.

It is the latest step in a series of measures the coalition Government have taken to help address the cost of living for hard-working people. This Government have announced a further two years of council tax freeze funding, on top of the average 10% cut in council tax in real terms that this Government have helped deliver since May 2010.

We will be also publishing shortly the final local government finance settlement and the council tax referendum threshold for 2014-15. ”

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Cllr Williams “lack of personal accountability for the numerous errors of judgement made by officers & councillors”

Cllr Williams “lack of personal accountability for the numerous errors of judgement made by officers & councillors”

Cllr Williams “lack of personal accountability for the numerous errors of judgement made by officers & councillors”

                   

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Near the end of the last Council meeting, after most people in the public gallery had left, Council decided to remove the guillotine (had they not done so it would’ve meant going straight to a vote on the motion and amendment without any speeches) for the movers and seconders of the motion on the Improvement Board and the movers and seconders of the amendment on that motion. If you’re not familiar with the conventions of how politicians are referred to in the language of Wirral Council just substitute Members in her speech for councillors.

Cllr Pat Williams (as the seconder of the Lib Dem amendment) made a speech on Wirral Council’s “improvement journey” (a phrase I dislike but couldn’t think of anything better) which can be heard starting at 3:58 on the video clip above.

Cllr Pat Williams (Deputy Leader of the Liberal Democrat Group): Thank you Mr. Mayor. I know it’s the spirit of peace and goodwill but in my opinion the Notice of Motion is too congratulatory and ignores the views expressed at the public meeting on the Improvement Board.

Quite clearly there are still unresolved issues of ongoing concern to the public. There is also a lack of personal accountability for the numerous errors of judgement made by officers and councillors during the period which led to the involvement of the Improvement Board.

To be proud of the quickness of the improvement of any Council in the country is seen as a badge of honour. The fact that this Council was in such a dreadful situation that there was a need for the Improvement Board’s involvement seems to be just accepted without any humility or shame.

Of course any improvement is welcome and to be fair to certain people and Members of the Council, particularly newer Members I don’t doubt their sincerity in wishing that Council becomes an outstanding Council.

However some longer established councillors are going to take some time to be convinced that Wirral Council is on the right track and is going to be willing to keep on the right track and that lessons have been learned by those who got us into the mess in the first place.

Labour encouraged Members to fully engage in the policy and performance committees and visioning events. The committees I believe in part are too big, particularly the Family and Wellbeing Committee and have far to wide an area of responsibility to allow full engagement in monitoring what is going on in various service areas.

The scrutiny reviews which are going to be undertaken have been interesting and very worthwhile. Hopefully they will influence future policy making. However to be done properly, they are very time consuming. In the meantime the ongoing work of the Council is not in my opinion being properly monitored.

The need for much more improvement is necessary. It must not be forgotten that Council exists to serve the people of Wirral. It is so easy to get bogged down in policies and procedures, but if they are not in the best interests of the people that they represent they are not worth the paper they are written on.

And of course Mr. Mayor, we must always consider the well being of staff and ensure that they are treated fairly through this period of ongoing change so that we can all work together to everyone’s mutual benefit.

I would say to the Administration “Good try, but could do better” and we’ll look for more improvements for when the Improvement Board come back and see has actually been achieved. Thank you.

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Corporate Governance Committee 16/11/2011 (Wirral Council) Part 3 Work Program, Progress and Associated Issues

Cllr Steve Foulkes said that the terms of reference for [this] committee were clear and he would like to “make progress” and move onto item 3.

Jim Wilkie, Chief Executive referred to the ten key lines of enquiry (KLOE) as well as further discussion on the involvement of councillors. He said the report sets out who the lead officers are. He said he would pause to check the names of the officers were in line with the committee’s wishes.

Cllr Jeff Green said he was “surprised”. He referred to an email and said that the briefing looked like predetermination. He said the changes to the procurement rules were “not fantastic” and that he had had no time to read them. He continued by saying that Conservative Party councillors had spoken to him with suggestions and that he was not clear about the role of Lead Members. Cllr Green went into detail explaining his views on what Lead Members should be. He also said that the briefing was “not well handled”.

Cllr Steve Foulkes said that this had stemmed from a criticism that councillor involvement had not been enough, so key members had been established at the briefing. He said these lead members would be the conduit or champion and that it was the job of these to reflect views back. He explained that it wouldn’t be anything more than that. On accountability, he said councillors say it’s officer’s job, “just letting officers do it”, however he wanted to “get councillors involved at every level”. He appealed to councillors and referred to a letter from Cllr Phil Gilchrist about scrutiny.