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John Brace: There has been much public interest in the (as yet unpublished) AKA (Anna Klonowksi Associates Ltd) report into issues that need to be remedied at Wirral Council.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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Standards for England email about missing councillor in Martin Morton complaint

Standards for England email about missing councillor in Martin Morton complaint

Standards for England email about missing councillor in Martin Morton complaint

                                

I realise as this is over two years ago this is probably regarded now as ancient history, but as far as I remember the name of the former councillor that was missing from the complaint of Martin Morton that Wirral Council incorrectly sent to Standards for England has not before been made public. Here’s an email from Standards for England that states who it was and refers to how they initially reached a decision on one councillor because with regards to the information sent by Wirral Council that they “were not provided with evidence to show that the complainant had made a complaint about her”.

from: Lori Holden “Lori.Holden@standardsforengland.gov.uk”
to: “john.brace@gmail.com”
date: 7 July 2011 11:02
subject: RE: complaint referred to Standards Board for England by Metropolitan Borough of Wirral with regards to Cllr Bridson, Cllr Williams, Cllr Roberts and Cllr McLaughlin made by Mr. Morton

Hi John,

Thanks again for you latest email. As previously confirmed, Standards for England received a referral from Wirral Metropolitan Borough Council’s Standards Committee’s Initial Assessment Panel relating to Councillors Moira McLaughlin, Denise Roberts, Pat Williams and Ann Bridson on April 1, 2011.

Standards for England made a decision, in accordance with section 58(2) of the Local Government Act 2000, as amended, that no further action be taken on the allegation in relation to all four councillors based on the information provided to us by the local authority.

However, with regards to Councillor Ann Bridson, we stated that we reached our decision of no further action on the basis that we were not provided with evidence to show that the complainant had made a complaint about her.

In relation to the referral we received on June 14, I have been advised that initial assessment of this complaint is still in progress. I would advise contacting me again by mid-week next week for an update and, if I hear of any developments in the meantime, I will let you know.

Hope this helps.

Kind regards,
Lori

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Standards Committee (Wirral Council) 26th January 2012 Part 1 Declarations of interest, Minutes, Implications of the Localism Act on the Standards Regime

Present (part of Standards Committee)

Independent

Ken Harrison (Vice-Chair)
Alex Nuttall

Conservative

Deputy Mayor of Wirral, Cllr Gerry Ellis
Cllr Simon Mountney deputy for Cllr Les Rowlands
Cllr Chris Blakeley

Labour

Cllr Denise Roberts
Cllr John Salter
Cllr Bill Davies

Liberal Democrat

Cllr Tom Harney deputy for Cllr Pat Williams
Cllr Ann Bridson
Cllr Bob Wilkins

Officers

Shirley Hudspeth (Committee Clerk)
Surjit Tour (Legal Adviser)

Press/public

2 members of the public (John Brace and Leonora Brace)

Ken Harrison (Vice-Chair) said he was chairing the meeting tonight in the absence of the Chair Brian Cummings. Mr. Harrison told those present that Brian Cummings couldn’t make it due to “family problems” and he was indisposed. He thanked those here for attending and asked for apologies.

Apologies were given for Cllr Pat Williams, Stella Elliott and Cllr Les Rowlands.

Item 1 Members’ Code of Conduct – Declarations of Interest

Cllr Denise Roberts declared an interest in item 5 (correspondence received by the Chair) as she was named in the correspondence.

Cllr Denise Roberts declared an interest in item 4, in respect of the meeting on 6/1/2010.

Cllr Chris Blakeley asked Cllr Denise Roberts if it was item 5 she was declaring an interest in?

Surjit Tour asked Cllr Denise Roberts if it was item 5 she was declaring an interest in?

Cllr Denise Roberts confirmed it was item 5 she was declaring an interest in.

Cllr Ann Bridson declared an interest in item 5.

Surjit Tour asked if there were any more who wished to declare an interest in item 5?

Deputy Mayor Gerry Ellis apologised and said he “didn’t think”.

Cllr Ann Bridson wanted to ask legal advice on an interest matter.

Surjit Tour said that for information, it was being recommended that item 5 be dealt with as an exempt item. Therefore he said the public could not be present for item 5 and any councillors who had declared a prejudicial  interest could not be present either. Mr Tour said they could however wait in the corridor until item 5 was over, rejoin the committee after item 5 and he would explain the decision. The discussion and debate would be exempt and it was in their [the councillor’s affected] interests not to take part.

Cllr Ann Bridson asked about item 4?

Cllr Denise Roberts said she had made a mistake with item 4, one referred to herself and Cllr Bridson.

Cllr Chris Blakeley said that item 5 does refer to the four women.

Cllr John Salter jokingly asked why Cllr Chris Blakeley wasn’t in here?

Cllr Simon Mountney responded to the joke by referring him to pages 66 and 67. The committee laughed.

Surjit Tour said Cllrs Roberts and Bridson both had a personal and prejudicial interest in item 5. They would therefore have to withdraw from the meeting when it was considered. He asked if the committee was happy for him to advise them in private session or open session? Would he be able to do this?

Cllr Ann Bridson asked if they would be in or out?

Surjit Tour said she would be out, then in.

The Chair said it was just like cricket and thanked Surjit Tour for his advice.

Item 2 Minutes

The Chair asked if they agreed the minutes of the meeting held on the 29th September 2011? He asked if all agreed to the above, and they said yes they did.

Item 3 Implications of the Localism Act on the Standards Regime – UPDATE

The Chair said this was on pages seven to fifty-four of the agenda.

Surjit Tour said they must be proper and thorough. He was providing an update on the implications of the Localism Act 2011 which had implications for the standards regime, Members’ Code of Conduct and Standards Committee. The changes happening from 1st July 2012 as mentioned in 4.3, were outlined in an explanatory note giving an indication of the timetable. The original date of 1st April 2012 had been changed to 1st July 2012, which gave a greater lead in time.

There would be further guidance from the Department of Communities and Local Government about the pecuniary interest which was difficult to explain. Appendix 2 had a new draft Code of Conduct. Put together with the national changes, it would be used as a basis to invite discussion and debate with the new Code being adopted.

Mr Tour said it was coming in across Merseyside and would hopefully be easier to administer. Appendix 2 contained a draft Code of Conduct to consider. The report also recommended to set up a Working Group to allow further discussion on the new amendments. The new regime would come into effect as of the 1st July 2012. Paragraph 4.10 summarises the key areas.

Mr Tour continued by stating there was no longer a requirement under the Act to have a Standards Committee. However, in order to administer arrangements it was a helpful vehicle. There was no obligation to have a Members Code, but they did have to have a new Members Code of Conduct which would be a requirement. The new role for independent persons was different to Independent Members. The nature of the role, description and approval would require amendment. They had to have at least one independent person.

This person would be consulted. There would still be a requirement on those covered by the Code to keep the Register of Interests up to date. It would be to the discretion of the Committee, as to the procedure regarding conduct matters. He then explained about dispensations (once they existed) and the protocol (in the unlikely event) that a matter should be referred to the police.

The new rules covered eight critical areas. Before 1st July 2011 as outlined at 4.11 they needed to set up a Working Group. The terms of reference were outlined at 3.1. Mr. Tour finally asked if there were any other items or issues?

The Chair asked if there were any items he wanted to draw attention to?

Surjit Tour said on page twelve there were various points in the explanatory note. S. 27 placed a duty on Wirral Council to promote and maintain high standards of conduct on Wirral Council. The other thing was the issue of sanctions. There were issues regarding decisions made outside of jurisdiction. The advice obtained may be considered.

A formal letter or censure was fine. Removal was limited as sanctions were up to political groups and not a sanction that could be imposed. Press releases and publicity was not an issue. There was no longer a reference to a special obligation not to publish and it would be to their discretion as to whether confidentiality still extended to the matter.

On the issue of allowances it was doubtful as to whether these could be withheld as it would be deemed to be unlawful. Even if an allegation related to access to confidential information, further access to confidential information by councillors couldn’t be restricted.

The appointment of the independent person could cause some difficulty due to the legal restrictions on conflicts of interest. This Surjit Tour felt would lead to a loss of knowledge and experience. He reiterated that an independent person was different to an Independent Member.

Cllr Chris Blakeley said it would have to commence by the 1st July. He said it was an awful lot of change. A lot of councillors and Members couldn’t understand the current system. Therefore it was difficult for people to comply, he realised however that ignorance wasn’t a reason. He felt that if they go down that route with a draft Code of Conduct, they had to get the message across to councillors and Members. His personal view was that although they don’t have to have a Standards Committee, was that it was easier to continue with the Code and just transpose the old one to the new one. It had served them well for four years, the difference being was that the sanctions would come out. It was just a suggestion.

Surjit Tour said it was at their discretion but there were some changes as the ten principles had been reduced to seven. There was no reason why they couldn’t adopt the old Code of Conduct as the new Code of Conduct.

Cllr John Salter said that they would have to have training on it between now and July to highlight this, he thought training would only take a couple of hours.

Cllr Bill Davies said he had been on a lot of subcommittees, when members of the committee were ill they sent deputies, it meant the deputies needed training too. Another idea was to exchange with other councils, but he did feel deputies should be included in the training.

The Chair said it was essential especially in the spirit of the matter. In his view training was very important. Anyone sitting or deputising must be trained.

Cllr Ann Bridson said to bring them down to earth she had spotted some misprints.

On page 9, in 4.11 “4.8” should read “4.10“.

On page 22, the first principle was “SELFISHNESS” but this should read “SELFLESSNESS“.

The Chair joked and said it was “not really a mistake”.

Cllr Bridson said adding to what other people have said, she wanted to look at what we’ve got and went on to make a point about training for everyone and deputies.

Cllr John Salter said he encouraged everyone in the Council to have training.

Cllr Ann Bridson said that “everyone should know their limitations”.

Cllr John Salter said they could swap with Liverpool City Council.

Cllr Chris Blakeley said he would prefer it to be pan-Merseyside rather than twelve here, twelve in Liverpool, five authorities, two of them with fifteen person committees. He said it would bring consistency.

The Chair said it was in the pipeline.

Cabinet 12th January 2012 AOB – Urgent Business Approved by the Chair (Part 1) – Independent Review of Claims Made by Martin Morton (and others) Part 2

Cabinet 12th January 2012 AOB – Urgent Business Approved by the Chair (Part 1) – Independent Review of Claims Made by Martin Morton (and others) Part 2

Before I write this up, I need to (to be ethical) state a raft of conflicts of interest as I have been overcharged by Wirral Council’s Social Services in the past in the time period around 2004-2005. However the money has since been refunded to me.

There are further many conflicts of interest I now have and to be ethical have to declare (what I can) about two of the four councillors named in the decision notices.

1) I have previously been a member of the Birkenhead Liberal Democrats (Cllrs Ann Bridson and Cllrs Pat Williams are both members).
4) I have previously been a member of the North West Liberal Democrats (Cllrs Ann Bridson and Cllrs Pat Williams are both members).
6) I have previously been a member of the Liberal Democrats (Cllrs Ann Bridson and Cllrs Pat Williams are both members).
7) I have previously been a member of the Wirral West Liberal Democrats and so has Cllr Ann Bridson.
8) Although, not at the time of writing, I have in the past been elected as a political party office holder for both the Birkenhead Local Party and Wirral West Liberal Democrats at the same time as Cllr Ann Bridson with respect to Birkenhead and Wirral West and Cllr Pat Williams with respect to Birkenhead. These positions were:-

a) past office holder of the Birkenhead Liberal Democrat Constituency Executive at the same time as Cllrs Bridson and Cllrs Williams
b) past office holder as Federal Conference representative (Birkenhead Local Party) at the same time as Cllrs Bridson and Cllrs Williams
c) past office holder as North West regional conference representative (Birkenhead Local Party) at the same time as Cllr Bridson
d) past office holder as North West regional conference representative (Wirral West Local Party) at the same time as Cllr Bridson

I am also have two further undisclosed interests of Cllr Bridson and one of Cllr Williams. I’m not willing at this point to declare what these are, just to state they exist. I have delayed writing this report of the Cabinet due to the need to read the report and appendices which total 529 pages. The following documents were published on Wirral Council’s website for this agenda item.

Report of Chief Executive (14 A4 pages)

Appendix 1 AKA Final Report (249 A4 pages)

Appendix 2 Martin Smith report by North West Employers into claims made by Martin Morton (276 pages)

Appendix 4A (Standards for England Decision Notice) Cllr Pat Williams (1 A4 page)

Appendix 4B (Standards for England Decision Notice) Cllr Moira McLaughlin (1 A4 page)

Appendix 4C (Standards for England Decision Notice) Cllr Denise Roberts (1 A4 page)

Appendix 4D (Standards for England Decision Notice) Cllr Ann Bridson (1 A4 page)

There are also the draft minutes are on Wirral Council’s website. There is also more information that has been known to us for some time in this matter which involves some of the Appendices to the AKA Final Report.

I have previously written about Appendix 9 here.

Scrutiny Programme Board 4th January 2012 Part 1, Declarations of Interest, Minutes

Present

Councillors
Cllr Andrew Hodson (Chair)
Cllr Simon Mountney (Vice-Chair)
Cllr Patricia Glasman (Spokesperson)
Cllr Ann Bridson (Spokesperson)
Cllr Ron Abbey
Cllr Chris Blakeley
Cllr Pat Hackett
Cllr Adam Sykes
Cllr Jerry Williams

Officers
Mark Delap, Committee Clerk
Surjit Tour, Head of Legal and Member Services
Another Wirral Council officer

Two members of the public.

The Chair, Cllr Andrew Hodson said good evening to everyone and commented on the fact that Cllr Bridson was looking better since he’d last seen her, but was not looking 100%.

Cllr Ron Abbey said there’d been no improvement in the Chair.

The Chair, Cllr Andrew Hodson said it had been three weeks since he’d seen Cllr Bridson and she looked a lot better. He asked those present to turn their mobile phones off. Cllr Hodson then asked councillors if they had any declarations of interest to make.

1. Declarations of Interest

Cllr Patricia Glasman asked for advice on a declaration of interest.

Cllr Tony Smith arrives late and apologised for being late.

Cllr Patricia Glasman says that it is about her role as Chair of the Health and Wellbeing Overview and Scrutiny Committee and the work of the Health and Wellbeing Board.

Surjit Tour replied that it was up to Cllr Glasman if she wished to declare an interest.

2. Minutes

The Chair, Cllr Andrew Hodson asked if members of the Committee were happy with the minutes [of the meeting held on the 8th September 2011]

Cllr Bridson said on page three, the top item there was a summary of complaints made against councillors that had led to a vibrant discussion. She said she had asked for costs to be presented, this had been agreed and noted.

Surjit Tour said he was happy to give to councillors this information as soon as possible.

Cllr Bridson said it was important the public knew how much they were spending when making inappropriate complaints.

Cllr Blakeley said it had been referred to the Standards Committee.

Surjit Tour said he would check it and apologised.

Cllr Chris Blakeley said it had gone to the last Standards Committee meeting, however some final costs had yet to be decided.

The Chair, Cllr Hodson said he wanted it minuted.