Who wouldn’t want you to read this story about the election of 4 Wirral councillors?

Who wouldn’t want you to read this story about the election of 4 Wirral councillors?

Who wouldn’t want you to read this story about the election of 4 Wirral councillors?

                        

Power
Power

George Orwell “Journalism is printing what someone else does not want printed: everything else is public relations.”

This is a tale of power, money, elections and the public right to know. What happens next following this is a reflection of the society we all live in. I strongly suspect that very little will result. I’ve used my editorial independence to write this as my conscience is clear if these matters are in the public domain.

I would like to point out that until recent years the chairs of committees at Wirral Council were shared across the political parties. Labour however decided in the recent past that they wanted to keep the power that rests with chairs to themselves. Therefore that is the reason why all the main characters in this are Labour politicians. It’s nothing personal and I have no axe to grind against the Labour Party.

Like all good stories this tale indeed starts well before the election started. However, we will skip ahead to the beginning of the elections in 2016.

All candidates have to fill out what are termed nomination papers and deliver these nomination papers to Wirral Council by a deadline to be included in the election. The four candidates this tale (who were each elected as councillors) are Anita Leech, Janette Williamson, Mike Sullivan & Bill Davies (real name William Davies).

During the election (but not now after the result is declared) you have a legal right to inspect the nomination papers and request copies. I requested these 4 nomination papers from the Returning Office Eric Robinson.

In addition to the nomination papers, in order to be a valid and legal nomination various pieces of legislation need to be attached too. These pieces of legislation deal with who is disqualified from being elected. I presume the point of having to attach these for a valid nomination is to prevent candidates and agents at a later date claiming ignorance of what they mean.

The declaration they each have to sign (which also has to be witnessed) states the following,

“I declare that to the best of my knowledge and belief I am not disqualified for being elected by reason of any disqualification set out in, or decision made under, section 80 of the Local Government Act 1972, section 78A of the Local Government Act 2000 or section 34 of the Localism Act 2011 (copies of which are printed overleaf), and I do not hold a politically restricted post, within the meaning of Part 1 of the Local Government and Housing Act 1989, under a local authority, within the meaning of that Part.”
 

The nomination papers of each candidate are linked to at the end of this article.

The first part of section 80 declares:

80 Disqualifications for election and holding office as member of local authority.

(1) Subject to the provisions of section 81 below, a person shall be disqualified for being elected or being a member of a local authority … if he—

(a) holds any paid office or employment (other than the office of chairman, vice-chairman or deputy chairman [or, in the case of a local authority which are operating executive arrangements which involve a leader and cabinet executive, the office of executive leader or member of the executive]) appointments [or elections] to which are or may be made or confirmed by the local authority or any committee or sub-committee of the authority or by a joint committee [or National Park authority] on which the authority are represented or by any person holding any such office or employment; or

 

So what does that mean? Well he above also means she, but the employment bit means councillors cannot also be employees of Wirral Council as it represents a conflict of interest. Section 81 provides an exception for teachers and other people employed by schools (who are technically classed as local council employees) to be elected as councillors.

As you can see from the above, any Leader of a Council or Cabinet Member is also not excluded from being elected on those grounds.

Edited: 9/5/16 It’s been pointed out that s.80(1)(a) is open to different interpretations and chairman could be interpreted as all people with the title of Chair or just the Chair of Wirral Council (the Mayor). The guidance the Electoral Commission produce for Returning Officers on the matter is here and makes it very clear about the disqualification of candidates represented on outside bodies. That guidance however makes it clear that the relevant dates about disqualification (as determined in previous legal cases) are the date of nomination and the date of election.

Each of the four candidates I name above were at the time of their nomination and election holders of paid office at Wirral Council. I outline below which paid offices they held and the annual amounts they received. These are additional allowances in addition to the basic allowances they receive as councillors.

Anita Leech – Chair of the Planning Committee (£4,585)
Janette Williamson – Chair of the Transformation and Resources Policy and Performance Committee (£4,585)
Mike Sullivan – Chair of the Regeneration and Environment Policy and Performance Committee (£4,585)
Bill Davies – Chair of the Licensing, Health and Safety and General Purposes Committee (£4,585) and Chair of the Standards and Constitutional Oversight Committee (£1,375).
 

None of these four individual resigned their chairs before the date they were elected and they continue receiving allowances for these at the time of writing.

I presume the whole point of this is to ensure a level playing field and free, fair and open elections. After all if one candidate can turn round and say “Vote for me, I’m Chair of the Planning Committe” and in theory use their taxpayer funded paid office to pay for their election expenses is that fair?

The observant among you will have already realised that the above disqualification also rules out those councillors representing the Council on outside bodies (off the top of my head the Police and Crime Panel, the Merseytravel Committee (or other committees of the Combined Authority) and the Merseyside Fire and Rescue Authority) are a few that I could name.

However I am not covering these here and it’s up to you the reader if you wish to explore whether any candidates in the election would seem to be disqualified on these grounds.

So what you may say? Even if the above four resigned, that would leave 35 Labour councillors and only 27 opposition councillors. As I say, I haven’t considered whether any candidates would be disqualified on any other grounds and as the deadline for submitting election expenses is a month away I haven’t inspected the declared election spending of candidates too.

However as the public have a right to know, here are the nomination papers of the four candidates I have named above.

Obviously the individuals (and their agents) have some unanswered questions as to whether they knew the above at the time of their nomination. It is only however my job to observe this anomaly and report on it, rather than be in a position to take action to resolve the matter one way or another.

The nomination papers are multi-page TIFF files as these were the format supplied by Wirral Council. I have not converted them to image files that can be read by a browser as I felt it best to leave them as they originally were.

I will end this with a big caveat, the above is merely how it seems from here. The people named could be totally ignorant of what disqualifies people from being a councillor (which would seem to be a difficult position to maintain as they had to include the legislation with their nomination papers). I could be wrong and the above could just be an arcane legal point.

Looking at a case where two Lib Dem Assembly Members were elected to the Welsh Assembly but were disqualified, one of those two successfully argued that the published Welsh guidance on the matter was out of date therefore disqualification was unfair.

However, I’d be interested to hear people’s thoughts on what I’ve written here.

Rock Ferry – William Davies (Bill Davies) nomination papers

Pensby & Thingwall – Michael Sullivan nomination papers

Liscard – Janette Williamson nomination papers

Leasowe & Moreton East – Anita Leech (nomination papers)

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Liverpool City Region Combined Authority Scrutiny Panel meets for 1st public meeting

Liverpool City Region Combined Authority Scrutiny Panel meets for 1st public meeting

Liverpool City Region Combined Authority Scrutiny Panel meets for 1st public meeting

Liverpool City Region Combined Authority Scrutiny Panel 29th October 2014 Mann Island, Liverpool
Liverpool City Region Combined Authority Scrutiny Panel 29th October 2014 Mann Island, Liverpool

The Liverpool City Region Combined Authority (created earlier this year) now has a scrutiny panel called the Liverpool City Region Combined Authority Scrutiny Panel.

As regular readers of this blog will know, Knowsley provides the administrative support for meetings of the Liverpool City Region Combined Authority and its calendar of meeting can be viewed on Knowsley’s website, Merseytravel (now part of the Combined Authority) sorts out its own meetings and has its own calendar of public meetings on its own website and now the Liverpool City Region Combined Authority Scrutiny Panel is administered by Halton Council and you can view their calendar of its meeting here.

From a media perspective, the same public body having three different calendars for its meetings is somewhat unusual but there you go.

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Liverpool City Region Combined Authority Scrutiny Panel 29th October 2014 Part 1

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Liverpool City Region Combined Authority Scrutiny Panel 29th October 2014 Part 2

The meeting itself only lasted 24 and a half minutes (the meeting took longer than it should have due to a fire alarm test). The agenda was short so I’ll reprint it here with links to the eight reports:

1. Appointment of Chair and Vice-Chair
2. Appointment of Members to the Combined Authority’s Audit Committee

Additional documents:
Part 4 Section B Audit Committee, item 2

3. Role and Responsibility of the Combined Authority
4. Role of the Liverpool City Region Combined Authority Scrutiny Panel
5. Development of a Work Programme
6. Combined Authority Forward Plan
Additional documents:
Forward Plan, item 6
7.
Calendar of Meetings

One interesting matter to note of local interest is that before the Liverpool City Region Combined Authority Scrutiny Panel had its first public meeting, one of its three (now reduced to two) representatives from Wirral Council (Cllr John Hale from the Conservative Group) had resigned.

That left Cllr Anita Leech as the only councillor from Wirral Council at its first meeting.

1. Appointment of Chair and Vice-Chair

Appointment of Chair
Cllr Kevan Wainwright (Hough Green, Halton Borough Council, Labour) was the only nomination for Chair.
Cllr Kevan Wainwright was elected as Chair.

The Chair thanked the other councillors for electing him and asked for apologies for absence. Apologies were given for Cllr Mike Sullivan (Labour, Wirral Council), Cllr Andy Burns (Labour) and Cllr Mark Dowd (Labour).

Cllr Anita Leech (Labour, Wirral Council) pointed out that Cllr John Hale (Conservative, Wirral Council) had resigned. The Chair replied that they were waiting for the [Wirral] Conservative [Group] to nominate a new councillor from Wirral [Council].

Appointment of Vice-Chair

Nobody made any nominations for Vice-Chair. So the Chair asked for nominations for Vice-Chair for a second time in saying “Come on ladies and gentlemen”. Cllr Andy Moorhead was proposed as Vice-Chair by Cllr Anita Leech and this nomination was seconded. There were no other nominations for Vice-Chair so Cllr Andy Moorhead became Vice-Chair.

The Chair congratulated Cllr Andy Moorhead on his election to Vice-Chair.

2. Appointment of Members to the Combined Authority’s Audit Committee

The Chair asked for nominations.

A councillor said, “Can I move *** councillor, *** ****?” The asterisks represent what I couldn’t hear as the councillor wasn’t close enough to their microphone. This nomination was seconded. This unknown person was appointed to the Audit Committee. They were all in favour.

The Chair pointed out that they needed a second nomination.

One of the male councillors present (that was not the Chair) nominated himself, he said, “I’ll self-nominate.” The Chair thanked him for his self-nomination. They were all in favour.

The rest of the meeting was discussion of the reports linked to above and can be watched in the two video clips above.

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

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

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

                         

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

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

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

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

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

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Council (Wirral Council) 14th October 2013 Questions to the Cabinet Member for Adult Social Care (Cllr Chris Jones)

Council (Wirral Council) 14th October 2013 Questions to the Cabinet Member for Adult Social Care (Cllr Chris Jones) Questions on zero hours contracts, day services, Moreton Day Centre and domiciliary care

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Council (Wirral Council) 14th October 2013 Questions to the Cabinet Member for Adult Social Care (Cllr Chris Jones)

                               

Continues from Council (Wirral Council) 14th October 2013 Answers to Questions to the Leader (Cllr Phil Davies).

Cllr Stuart Kelly asked, “I liked what the Cabinet Member said in her report about the commissioning of services, but is the Cabinet Member embarrassed that Wirral was named and shamed over the summer as the council with most contracts with most care homes on Merseyside using zero hour contracts for their employees?

Is she also aware the response that was given to me when I submitted a Freedom of Information request which asked how many contractors for Wirral Council providing Council services have used zero hour contracts? The reply I received was Wirral Council does not have a policy on the use of zero hour contracts and that Wirral Council would not hold information about the resource management of our contractors as how they manage resources is a matter for the contractor. Does she still stand by that reply on behalf of the Administration and believe that resource management is not a matter for the Council when considering that we place contracts for care services for vulnerable people and when will we see a policy on the use of zero hour contracts by companies Council contracts with to provide services?”

Cllr Simon Mountney asked, “The Cabinet Member in her report details changes to residential and day services, which have been delivered on time and within Budget. Can she explain what effect the department’s failure to hit the performance indicator for permanent admissions of older people to residential & nursing care homes, as reported to Cabinet on Thursday will have on the department’s Budget and can she please give me an assurance that the same rigour and process are applied to the alleged payment of £48,000 is as being applied to the Martin Morton issue please?

Cllr Anita Leech asked, “I was delighted to hear from students and staff when I recently visited Moreton Day Centre which falls within my ward, that the much smaller group of students remaining have been able to carry out alternative and increased activity and participate in the local and vibrant community as well as the usual centre based activities and they are happy with the proposed move to other.. and I’d like to personally thank the staff of the day centre, parent and carer’s groups and the officers of the Council for the hard work they’ve put into reviewing this unfortunate closure as we’re providing what appears to be a facility that could be improved upon for the students remaining. I would however like to ask the question with regards to the hundred people who transferred from the services from Moreton. Did one to one consultation take place as was indicated to identify the needs of the individual and were their places allocated accordingly? And secondly how was the transition for the students, were there any issues?”

Cllr Phil Gilchrist asked, “Can I ask the Cabinet Member about the domiciliary contracts and the care of the elderly? What monitoring is undertaken in Wirral to ensure that Wirral isn’t subject to some of the problems identified recently nationally where mistakes were made by very limited time available for clients?”

Cllr Chris Jones responded, “Thank you very much for your questions, it’s nice to know you’ve actually looked at my report.

I suppose I can answer the two together really about the domiciliary contracts. If you had read the second page of my report, you’d see that we’re trying to support the principles of the ethical care charter, which looks after the workers as well as some looking at the people who need care. We are actively encouraging people and the firms who are going to tender to not use any zero hours contracts and we’ve asked for a report from the HR department to find out how many contractors that are generally used by the Council are using these zero hours contracts.

Stuart’s commissioning of services, we’re doing an awful lot of work with the NHS which has been a huge problem in the past I think we’re working far more closely together now around intermediate care and all the rest of it. The zero hours contract I’ve already answered Stuart. Chris Begya and Jacqui Evans’ reports are, Jacqui Evans is undertaking and is personally involved with the commissioning work and is making great inroads into that and looking at savings as well as improving quality of care for the people of the Wirral.

Anita asked about Moreton Day Centre. Everybody who attended Moreton has had a one to one .. they also had a .. visit to their new centre which we felt was really important. About seventy people have actually transferred, mainly to … which is a really popular choice mainly around .. moving anyway and to Heswall but others have gone to Pensby and Eastham as well but increasing places at Dale Farm taking extra visits to Dale Farm, and generally people have settled really well. Some of the staff have moved with the service users so .. a little bit of continuity of care for those users. Thank you Mr Mayor.”

Continues at Council (Wirral Council) 14th October 2013 Questions to the Cabinet Member for Central and Support Services (Cllr Adrian Jones).

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Planning Committee (Wirral Council) (27th June 2013) APP/13/00574 5 Speedwell Drive, Barnston, CH60 2SY Change of use of garage to dog grooming parlour

Planning Committee (Wirral Council) (27th June 2013) APP/13/00574 5 Speedwell Drive, Barnston, CH60 2SY Change of use of garage to dog grooming parlour

Continues from Planning Committee (Wirral Council) (27th June 2013) APP/13/00574 5 Speedwell Drive, Barnston, CH60 2SY Change of use of garage to dog grooming parlour.

Cllr Denise Realey: Can I then move approval of the officer’s recommendation?

Cllr Joe Walsh: I’ll second that.

Cllr Denise Realey: For approval.

Cllr Joe Walsh: I’ll second that. I’ll second that.

Cllr Bernie Mooney (Chair): Hang on hold on a minute they had indicated what it is … to hold on as we had a debate so it’s his movement first. Ermm, …

Cllr Anita Leech: Errm, it’s just literally a point of clarification really, errm the actual terms about the number of dogs a day doesn’t seem to include a bank holiday Monday.

Matthew Davies: Errm through you Chair, I think we would add then that there are no dogs on a bank holiday Monday.

Cllr Anita Leech: Thank you.

Cllr Bernie Mooney (Chair): Right back to David, David?

Cllr David Elderton: Thank you Chair, I mean I’d just like to comment before I start by saying that the fact you’re trying to start a business is absolutely commendable and I fully support what you’re trying to do. It’s my concern that it would be an inappropriate development in a residential area, it’s simply relating to that associated issue but what I would like to move is that on the basis of granting refusal the Local Planning Authority considers that, by reason of noise and general disturbance likely to be generated, the proposed development would be detrimental to the amenities that the occupiers of adjoining properties could reasonably expect to enjoy. The development would thereby conflict with the provisions of Unitary Development Planning policy HS15. I move that.

Cllr Bernie Mooney (Chair): So we’ve got a mover for refusal and we’ve got a seconder. So, first of all we’ll take a vote on refusal, those for refusal, ok and against. I’ll abstain. I really can’t make my mind up.

Cllr David Elderton: That’s six appear to be [for (Cllrs Elderton, Clenents, Mountney, Hayes and Foulkes] and five [against (Cllrs Realey, Brightmore, Leech, Walsh and Kenny], in favour of refusal when you’ve abstained.

Cllr Bernie Mooney (Chair): I’m awful sorry for the confusion.

Cllr Denise Realey: I propose a small adjournment while people leave.

Cllr Bernie Mooney (Chair): Err, please refrain from saying anything like that while the members of the public leave, thank you very much.

Continues at Planning Committee (Wirral Council) (27th June 2013) APP/13/00398: 11 Templemore Road, Oxton, CH43 2HB – Single Storey Garage.