Why has Wirral Council sunk deeper into the quagmire of poor corporate governance surrounding a complaint about Cllr Steve Foulkes?

Why has Wirral Council sunk deeper into the quagmire of poor corporate governance surrounding a complaint about Cllr Steve Foulkes?

Why has Wirral Council sunk deeper into the quagmire of poor corporate governance surrounding a complaint about Cllr Steve Foulkes?

    
          
          
          
      

Councillor Steve Foulkes talks about the Mersey Ferries at a meeting of the Merseytravel Committee 7th January 2016
Councillor Steve Foulkes (left) talks about the Mersey Ferries at a meeting of the Merseytravel Committee 7th January 2016

Last night yours truly was witness to another spectacular example of democracy at Wirral Council gone wrong. Indeed from democracy being on merely life support, last night seems to have been an attempt to kill it stone dead.

In fact things have got so bad I am officially on strike for part of my job (Leonora can deal with things during this period), but I thought you should realise the reasons why (outlined below).

First, there needs to be some background to this. Panels which decide on complaints about councillors have in the past been decided in public despite officers’ recommendation otherwise such as this meeting in 2012 about an allegedly homophobic comment made by former Cllr Denis Knowles on Facebook.

On Monday evening, at a public meeting of all of Wirral Council’s councillors opposition councillors in the Lib Dem and Conservative parties referred to Labour’s plans to hold more meetings behind closed doors as wrong. The Conservative councillor David Elderton used the quote, “Power tends to corrupt, and absolute power corrupts absolutely. Great men are almost always bad men.

However within less than 24 hours, Cllr Moira McLaughlin (Labour), Cllr Chris Blakeley (Conservative) and Cllr Phil Gilchrist (Lib Dems) were indeed having a private meeting behind closed doors about a complaint made about Cllr Steve Foulkes (Labour). There was indeed also one of the independent people (Brian Cummings) to oversee the process, although he too wasn’t invited to all of the meeting which was being held in private.

The rationale for having this meeting behind closed doors relies on Wirral Council exercising a legal power that was repealed by the government years ago. However the public must realise by now that that there’s an attitude at Wirral Council of completely ignoring the legal position by people who don’t care about the constitutional checks and balances on their power. Having in the past years cross examined both Wirral Council’s Monitoring Officer Mr Tour at a recent First-tier Tribunal (Information Rights) hearing and a Wirral Council councillor (Cllr Alan Brighouse) as a defendant in the Birkenhead County Court, I know how strange the culture at Wirral Council is seen by the judiciary and how exasperating the judiciary seem to find the culture at Wirral Council.

Wirral Council exercising a legal power they do not have has become so routine!

The complaint was about Cllr Steve Foulkes, who had brought his legal representative along with him. Cllr Foulkes and his legal representative were allowed to address the Panel in closed session as to why it should not be held in public.

The public however (although technically Cllr Foulkes’ legal representative is also a member of the public) were not invited in so that their side could be heard. Some voices of course at Wirral Council are heard more loudly than others.

Previously Cllr Foulkes, referred to "natural justice" at Wirral Council shortly before the opposition councillors removed him as Leader of Wirral Council. Indeed this is an example of how politicians say one thing on Monday evening, yet behave differently on Tuesday evening.

Indeed getting Wirral Council to stick to its own constitution with its goals of consultation and openness when a "legal representative" is allowed to influence the Panel otherwise is impossible.

All the Panel members are drawn from Wirral Council’s Standards and Constitutional Oversight Committee. Indeed it was at the last public meeting of that Committee that the Panel Members were decided.

Despite s.100/s.100E of the Local Government Act 1972 requiring sub-committees to meet in public (even if they then decide to exclude the public) and there being multiple legal representatives at this meeting to offer the Panel advice, Wirral Council seems to instead insist that we provide "evidence" that a sub-committee is a sub-committee and indeed of their legal obligations to hold sub-committees in public.

Indeed as evidence I quote from their own minutes of the Standards Committee meeting held on the 4th July 2011, which can be read on their website here:

"The Director of Law, HR and Asset Management informed the Committee that the report at Item No. 7 on the agenda – Review of a Recent Standards Complaint – had marked on it, in error, a paragraph (7c) of Part 1 to Schedule 12A of the local Government Act 1972 that did not exist."

Indeed if it is a sub-committee the legal requirement for 5 days published notice of the meeting and its agenda weren’t given either.

However for the last 5 years, Wirral Council’s councillors have relied on a legal provision that Bill Norman (previous Monitoring Officer) told them in 2011 "does not exist" as the reason for holding complaints about councillors behind closed doors.

Despite numerous revisions of their constitution they haven’t bothered to update it to take this out.

The Monitoring Officer commented on my views on this at the last public meeting of the Standards and Constitutional Oversight Committee in response to a letter I wrote. He and I unfortunately disagree on a few points.

Sadly the main questions in that letter were left unanswered which led to the impasse last night. However despite the Monitoring Officer having legal obligations (see s.5A Local Government and Housing Act 1989), advising the panel was the Monitoring Officer’s line manager, the Deputy Monitoring Officer Joe Blott (Strategic Director for Transformation and Resources). For anyone reading this who’s not aware, the Strategic Director level at Wirral Council is basically someone who is line managed by the Chief Executive.

So it’s completely understandable that Mr. Tour can’t intervene when it involves his own line manager! After all even I wouldn’t be stupid enough to cheese off my line manager!

However, back to the meeting of the Panel itself. The meeting was adjourned, then Cllr Foulkes was invited back in. We went back to Committee Room 2 with him at about 6.50 pm, only for Cllr Foulkes to be asked to leave and for us to get shouted at.

Because of course the culture at Wirral Council is one of shouting at people. Since Emma Degg left (she was in charge of the public relations side of Wirral Council) there’s been a power vacuum (which perhaps partly explains this recent plan agreed on Monday morning for a Wirral Council newssheet being sent to residents monthly). Kevin McCallum does his best but after years of the press being bullied by politicians and frankly too much bad news to report on at Wirral Council relations between Wirral Council and the press have been problematic.

Indeed views were expressed to me that evening that employees would rather be getting on with their jobs rather than having to deal with meetings at Wallasey Town Hall.

The person who made this complaint (Cllr Jeff Green) along with the person it was about (Cllr Steve Foulkes) along with us (myself and Leonora Brace) were not allowed to go into the “meeting” in the two hours we were kept waiting apart from what I referred to earlier.

Possibly one or both were invited in after we left.

Oh and I forgot to say, Mr. Tour has advised councillors could (or possibly would) be subject to disciplinary procedures if they talk to the press about these matters.

So what is Cllr Foulkes accused of? He can’t tell us. He’s been gagged.

What is in Cllr Green’s complaint? He can’t tell us. He’s been gagged.

What are the Panel’s views (Cllr Moira McLauglin, Cllr Chris Blakeley and Cllr Phil Gilchrist) on the matter and indeed what was decided? You’re not allowed to know.

Indeed if the Panel decides Cllr Foulkes did nothing wrong and he decides he doesn’t want the decision made public indeed we may never know!

And the above sums up why it is getting nearly impossible to my job reporting on Wirral Council. I think it’s about time I started publishing election expenses returns instead, starting with two councillors who were on the Panel…

Updated 11th July 2016: I have made a FOI request for some of the documents for this meeting here.

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Labour councillor bans filming at public meeting to decide whether to licence a taxi that’s over 10 years old

Labour councillor bans filming at public meeting to decide whether to licence a taxi that’s over 10 years old

Labour councillor bans filming at public meeting to decide whether to licence a taxi that’s over 10 years old

                                           

Last Thursday there was a public meeting of Wirral Council’s Licensing, Health and Safety and General Purposes Committee. Part of this meeting considered an item deferred from a Licensing Panel the week before.

The report on that item titled HACKNEY CARRIAGE VEHICLE LICENCE APPLICATION – LTI TXII REGISTRATION NUMBER WX03 FPE can be read by following this link.

The application was for a hackney carriage vehicle that is 12 years old.

In August 2014, new regulations came into force that prevent councils stopping filming at public meetings.

Below is a transcript of what happened at the Licensing, Health and Safety and General Purposes Committee meeting on the 25th March 2015. It shows that Wirral Council still thinks it has the power to stop filming at public meetings.

Derek Cummins is a union representative in the UNITE union. Margaret O’Donnell works for Wirral Council.

Councillor Bill Davies gets irate and starts wagging his finger when he's told he can't ban filming any more Licensing, Health and Safety and General Purposes Committee 25th March 2015
Councillor Bill Davies gets irate and starts wagging his finger when he’s told he can’t ban filming any more Licensing, Health and Safety and General Purposes Committee 25th March 2015

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Licensing, Health and Safety and General Purposes Committee (Wirral Council) 25th March 2015

CLLR BILL DAVIES (Chair): The next item, the last item is… Margaret? Do you want to come forward sir?

CLLR TOM ANDERSON: Is this exempt?

CLLR JOHN SALTER: Are we exempted?

CLLR STEVE NIBLOCK: Can we ask for legal clarification about whether or not this item should be exempt because it might be to do with personal or financial circumstances with regard to this application and I’d prefer that we should consider whether it was exempt?

LEGAL ADVISOR TO COMMITTEE: I think we need to clarify whether or not there’s an objection first from the individual before we determine whether or not a decision needs to be made in that respect.

CLLR BILL DAVIES (Chair): Are you objecting sir?

TAXI DRIVER: Well, yeah sorry, are you talking about my finance?

DEREK CUMMINS: He didn’t quite understand. Yeah, if it’s possible.

CLLR BILL DAVIES (Chair): If you’ll just come forward.

TAXI DRIVER: Sorry.

MARGARET O’DONNELL: Just stay there.

CLLR JOHN SALTER: Yeah, just, just keep, yeah sorry, so you don’t, you’re not identified at the present time.

DEREK CUMMINS: Yeah, just to be confident it’s that disagreement on the internet, I don’t want for, for the, could we just sort of err stop filming this side? Well I would suggest it.

CLLR MICHAEL SULLIVAN: Yes, he said stop filming.

UNKNOWN COUNCILLOR: Stop filming.

CLLR JOHN SALTER: So do it under 12A!

CLLR BILL DAVIES (Chair): You don’t want to be filmed or recorded?

TAXI DRIVER: I’m ok, it’s just err on the finance.

CLLR JOHN SALTER: Yeah.

CLLR BILL DAVIES (Chair): There’s finance involved?

CLLRS STEVE NIBLOCK AND CLLRS JOHN SALTER: Yeah.

CLLR BILL DAVIES (Chair): Right you cannot be filmed because finances are going to be involved.

JOHN BRACE: Sorry did he say he was ok with being filmed but we’re going to be excluded anyway?

DEREK CUMMINS: Yeah, he did.

JOHN BRACE: In a bit yeah? That’s fine, but they’ve got to agree the exclusion first.

CLLR BILL DAVIES (Chair): I can’t, I can’t hear from up here, would someone, would someone?

MARGARET O’DONNELL: Can I assist? Firstly, err Derek are you representing the applicant?

DEREK CUMMINS: He didn’t come to me at all, it’s just he doesn’t quite understand what the agenda is.

CLLR MICHAEL SULLIVAN: We’re concerned about you being filmed and disclosing personal information.

DEREK CUMMINS: That goes on the internet.

CLLR MICHAEL SULLIVAN: That could very well end up on the internet

OTHER COUNCILLOR: Yeah.

CLLR MICHAEL SULLIVAN: and on Youtube.

DEREK CUMMINS: So you’d rather have that handled?

TAXI DRIVER: No, yeah. Yeah.

CLLR MICHAEL SULLIVAN: We’re trying to protect your interests so you’re alright.

TAXI DRIVER: Thank you.

DEREK CUMMINS: So there’s a thing called 7A so we’re excluded, everyone’s excluded, except you.

CLLR MICHAEL SULLIVAN: So would you be happier if we just said no filming?

TAXI DRIVER: Please.

CLLR JOHN SALTER: Yes.

TAXI DRIVER: Please.

CLLR JOHN SALTER: Yes Chair.

JOHN BRACE: If they’re excluding the public then it doesn’t matter.

CLLR BILL DAVIES (Chair): Sorry, it’s not an exempt item. The person can stay but they don’t film.

JOHN BRACE: I’m getting confused now. Sorry are you excluding members of the public or not?

CLLR BILL DAVIES (and other councillors): No, no, no, no.

CLLR MICHAEL SULLIVAN: But you can’t film.

JOHN BRACE: But the reason….

CLLR BILL DAVIES: He’s an individual, if he’s got human rights like everybody else. He doesn’t want to be filmed, he doesn’t want to be filmed.

JOHN BRACE: I was just going to point out that although we had this discussion a lot longer at Standards

CLLR DAVID ELDERTON: Please take it down and take it out.

JOHN BRACE: Sorry can I finish what I’m saying? Err, I thought you were about to say you were going to exclude the members of the press and public and he was going to stay and you were just going to decide that, but now you’re saying you’re going to decide, if you’re going to decide this when the press and public are going to be here then the regulations say that any bit of the meeting that’s public can be filmed but obviously if we were excluded then we can’t film it.

CLLR BILL DAVIES (Chair): Well the gentleman there does not want to be filmed.

JOHN BRACE: Yeah but I can film the other side of the room?

CLLR BILL DAVIES (Chair): That’s what he’s saying. I think that’s quite clear! Some of us don’t want to be filmed. At the end of the day, if it ends up on the internet or Youtube this committee and the officers and something goes wrong will be responsible. It won’t be you, it will be us and this man has said, do you want that recorded. Do you want to be filmed or recorded?

TAXI DRIVER: No.

CLLR BILL DAVIES (Chair): That’s fine. You can stay but you don’t film or record. I have made it quite clear because the gentleman, if the gentleman wants to be filmed, no problem. He doesn’t.

JOHN BRACE: OK.

CLLR BILL DAVIES (Chair): OK.

CLLR DAVID ELDERTON: It is the Chair’s discretion.

CLLR BILL DAVIES (Chair): Yep. OK.

CLLR JOHN SALTER: Will you switch it off?

JOHN BRACE: At the Standards Committee it was said if you’re going make a decision that filming is not allowed, then you record that in the minutes with the reasons.

CLLR BILL DAVIES (Chair): Yeah, I will do that.

JOHN BRACE: OK, could you give..

CLLR BILL DAVIES (Chair): but we’re not at the Standards Committee, we’re at the Licensing Committee.

JOHN BRACE: Yeah, I know, but just

CLLR BILL DAVIES (Chair): but you must realise that there’s certain times when individuals have private, personal or financial and they do not want their business spread elsewhere.

JOHN BRACE: I’ll just say I’d like that recorded in the minutes and if that’s the case then I’ll stop filming because I want to challenge that anyway under the regulations so that’s my position.

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Once the camera was switched off and the lens cover was shut, councillors went back on what they’d said and excluded the press and public from the rest of the meeting anyway!

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11 more pages of Wirral Council councillors' mileage claims (Elderton, Hornby, Kelly, Povall, Salter, H Smith and P Williams)

11 more pages of Wirral Council councillors’ mileage claims (Elderton, Hornby, Kelly, Povall, Salter, H Smith and P Williams)

11 more pages of Wirral Council councillors’ mileage claims (Elderton, Hornby, Kelly, Povall, Salter, H Smith and P Williams)

                                                      

A long time ago I was up to the travel expenses for Cllr Phil Davies in the extra pages supplied last month that should’ve come in the original tranche in September.

The rests were scanned in, just until now haven’t been uploaded or blogged about. For the sake of convenience, I am just putting the remaining pages below. These aren’t complete for the 2013-14 as many are pages originally missing from those supplied by Wirral Council’s Human Resources department as part of the original request. For the other pages for those councillors you’ll have to look elsewhere on this blog.

These are a further eleven pages that cover Cllrs David Elderton, Mike Hornby, Stuart Kelly, Cherry Povall, John Salter, Harry Smith and Patricia Williams. I may blog about them in detail another time, but at least by publishing the rest of the pages are in the public domain should you wish to view them. Councillors are in alphabetical order by surname. There are multiple pages for some councillors.

There is also a mysterious taxi contract for councillors. I’m still awaiting further details on that and the Mayor and Deputy Mayor’s expenses for 2013-14.

Cllr David Elderton expenses claim 2013 page 1 of 1
Cllr David Elderton expenses claim 2013 page 1 of 1
Cllr Mike Hornby expenses claim 2013 page 1 of 4
Cllr Mike Hornby expenses claim 2013 page 1 of 4
Cllr Mike Hornby expenses claim 2013 page 2 of 4
Cllr Mike Hornby expenses claim 2013 page 2 of 4
Cllr Mike Hornby expenses claim 2013 page 3 of 4
Cllr Mike Hornby expenses claim 2013 page 3 of 4
Cllr Mike Hornby expenses claim 2013 page 4 of 4
Cllr Mike Hornby expenses claim 2013 page 4 of 4
Cllr Stuart Kelly expenses claim 2013 page 1 of 1
Cllr Stuart Kelly expenses claim 2013 page 1 of 1
Cllr Cherry Povall expenses claim 2014 page 1 of 1
Cllr Cherry Povall expenses claim 2014 page 1 of 1
Cllr John Salter expenses claim 2013 page 1 of 1
Cllr John Salter expenses claim 2013 page 1 of 1
Cllr Harry Smith expenses claim 2013 page 1 of 2
Cllr Harry Smith expenses claim 2013 page 1 of 2
Cllr Harry Smith expenses claim 2013 page 2 of 2
Cllr Harry Smith expenses claim 2013 page 2 of 2
Cllr Patricia Williams expenses claim 2013 page 1 of 1
Cllr Patricia Williams expenses claim 2013 page 1 of 1

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Wirral Council take over 19 months to respond to FOI request on Birkenhead Park and other matters

Wirral Council take over 19 months to respond to FOI request on Birkenhead Park and other matters

Wirral Council take over 19 months to respond to FOI request on Birkenhead Park and other matters

                                        

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Birkenhead Park as it was in 2007.

Birkenhead Park in 2007 copyright John Brace
Birkenhead Park in 2007 copyright John Brace

I feel a bit sorry for Wirral Council’s legal department who seem to have given me the longest response to one of my FOI requests to Wirral Council ever which is in response to this ICO decision notice and a FOI request I made on 29th March 2013.

I’m beginning to think I should look for sponsorship from a black marker pen manufacturer as even the minutes they have supplied have been heavily redacted. Below is an example of set of minutes I’ve finally received, which is the minutes of the Birkenhead Park Advisory Committee meeting of the 17th October 2012. I think over 19 months is a record by Wirral Council for responding to one of my FOI requests.

Birkenhead Park Advisory Committee
Minutes of meeting 17th October 2012

Attendance
Chair: Cllr George Davies
Councillors: Cllr Denise Roberts, Cllr David Elderton, Cllr Cherry Povall, Cllr Stuart Kelly, Cllr Jean Stapleton, Cllr Alan Brighouse
Members: XXXXXXXXXXXX
Wirral Council Officers: XXXXXXXXXXXX XXXXXXXXXXXX XXXXXXXXXXXX XXXXXXXXXXXX

Item 1 Apologies
Cllr Brian Kenny, Insp Roy McGregor, XXXXXXXXXXXX XXXXXXXXXXXX

Item 2 Minutes of previous meeting
The minutes were accepted as a true record.

Item 3 Matters arising
Cllr Elderton raised an issue over traffic calming measures.
XXXXXXXXXXXX confirmed signage for the advisory speed limit had been approved by the Conservation Officer.
There was then a question over funding for the above and a request for legal advice on how this advisory speed limit could be made enforceable.

Item 4 Park Manager’s Report
XXXXXXXXXXXX reported the fall in the number of school visits and suggested possible reasons for it, including poor weather and the closure of two schools which regularly visited the park.
Cllr Stapleton asked why such small numbers from University Academy.
XXXXXXXXXXXX suggested the loss of the education officer has affected contact.
XXXXXXXXXXXX suggested a possible role for a volunteer to contact schools and encourage visits.

XXXXXXXXXXXX reported that the work experience programme was a real success as was the Physical Activities programme.
XXXXXXXXXXXX suggested that income from commercial activities could help with finances.
XXXXXXXXXXXX said an increase was required in commercial operations.
XXXXXXXXXXXX predicted that this will increase.

XXXXXXXXXXXX reported to the group regarding the park’s drainage.
It was agreed by all that exceptional weather this year had caused flooding and was unavoidable.

XXXXXXXXXXXX the Events Arena could take surplus water which will also enhance biodiversity.

XXXXXXXXXXXX referred to the increase in concreting over gardens which doesn’t allow the water to drain and thereby causes increased flooding.

XXXXXXXXXXXX reported on underground water tank proposed by United Utilities because of flooding to basements in Park Road South.
XXXXXXXXXXXX said there was a potential revenue asset from development of remaining plots in the park, and the United Utilities proposal to build a storage tank on the plot by Gothic Lodge would make this asset difficult to sell.

Cllr George Davies reported that the ESWA club was closing down and the building was for sale.
XXXXXXXXXXXX asked if the park could make use of the area.
Cllr George Davies suggested keeping eye on developments.

XXXXXXXXXXXX reported the launch of the Park Watch scheme, adding that members were being recruited before calling the first (inaugural) meeting.

XXXXXXXXXXXX gave a report on IRIMS Incident Reporting and Management System, saying there were some “glitches” remaining but it should be up and running in a couple of months.

XXXXXXXXXXXX reported on the new Dog Control Order being proposed to exclude dogs from all children’s play areas in Wirral. He also reported on the possibility of a further Dog Control Order requiring an owner to put a dog on lead if requested, currently the byelaws state only that the dog must be under control.
Cllr Elderton suggested publicising the result of any further action after the event be recorded.
XXXXXXXXXXXX expressed his concern at the nature and number of dog related incidents, suggesting the voluntary code of conduct was no good.

XXXXXXXXXXXX updated the group on the success of the Forest Schools initiative.

Item 5 Membership of Birkenhead Park Advisory Committee
Cllr George Davies requested to expand group to take in the councillor with cabinet responsibility for Cultural Services. This was agreed by all.

Item 6 Any Other Business
XXXXXXXXXXXX suggested an opportunity for external funding for restoration of the Jackson Memorial, Bandstand, Conservatory and Horticultural Training.
XXXXXXXXXXXX suggested that the Friends of Birkenhead Park be invited to submit a report to a future meeting.

Item 7 Date of Next Meeting
It was agreed to meet in Mid April 2013.

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Expense claim form for Councillor David Elderton (Wirral Council) October 2013

Expense claim form for Councillor David Elderton (Wirral Council) October 2013

Expense claim form for Councillor David Elderton (Wirral Council) October 2013

                                                

Cllr David Elderton is a Conservative councillor for West Kirby and Thurstaston ward. When Wirral Council initially supplied copies of the expenses forms for this councillor which were published here, the Human Resources department incorrectly supplied the form for October 2012, when it should have been for October 2013. However the form for the correct year was provided to me in the last week.

The October 2013 form was supplied and is below. It is for 151 miles of travel @ 40p/mile which is a total of £60.40 which covers travel to some public meetings such as Council and Planning Committee, representing Wirral Council on outside bodies such as the West Kirby Charities Board, a visit with the Cabinet Member Cllr Chris Meaden to Rock Ferry library, a tour of West Kirby and Thurstaston ward with Wirral Council’s Chief Executive Graham Burgess and a reception and briefing for the Green Flag award in the Round Room at Wallasey Town Hall.

Cllr David Elderton (unlike other councillors) includes his departure time and return time and mileometer readings on the form itself.

Cllr David Elderton expenses claim 2013 page 1 of 1
Cllr David Elderton expenses claim October 2013 page 1 of 1

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