The reasons why Wirral Council’s Lyndale School call in is being delayed

The reasons why Wirral Council’s Lyndale School call in is being delayed

The reasons why Wirral Council’s Lyndale School call in is being delayed

                                  

Labour's Cllr Tony Smith (Cabinet Member for Children and Family Services) explains at a Wirral Council Cabinet meeting why he thinks the Cabinet should agree to consultation on closure of Lyndale School
Labour’s Cllr Tony Smith (Cabinet Member for Children and Family Services) explaining at a Wirral Council Cabinet meeting why he thinks the Cabinet should agree to consultation on closure of Lyndale School (which is the decision that was called in)

I read the Wirral Globe article headlined “Town Hall bungle means Lyndale meeting called off” with interest as it was related to my earlier blog post headlined “Is the Lyndale School call in going to the wrong Wirral Council committee?”.

Basically Wirral Council is stuck (and apologies for the cliché) between a rock and a hard place. Their new constitution states call ins have to be decided by the Coordinating Committee, however a law (The Education (Parent Governor Representatives) Regulations 1999) means it has to be decided by a committee with parent governor representatives on and a previous case Transport and General Workers Union and Hilary Hollington v Wallsall Metropolitan Borough Council [2001] EWHC Admin 452 means that if they went ahead and made a decision on the Lyndale School call in by the Coordinating Committee without any parent governor representatives having a vote as part of that committee’s decision, then such a decision would almost certainly be quashed (based on that bit of case law) by a High Court Judge if any of the parents requested a judicial review.

The only committee that could legally decide the call in (that has parent governor representatives on it) is the Families and Wellbeing Committee (however for it to do so would currently be unconstitutional). There was a meeting scheduled of the Families and Wellbeing Committee for Thursday but it was mysteriously cancelled. If anybody knows what this cancelled meeting was about and if it was related to the call in please leave a comment.

So what happens next? Well the Coordinating Committee will meet on Wednesday 5th February as planned, but at the meeting will probably receive legal advice that they can’t make a decision on the call ins as they don’t have any parent governor representatives on their committee.

To progress with this matter will need a change to Wirral Council’s constitution. Such changes originate as a recommendation by the Standards and Constitutional Oversight Committee first (usually on the advice of Surjit Tour), which next meets on the 24th February. A recommendation would then be made to change the constitution to Budget Council on the 25th February and presuming the change is agreed to, the call in will be decided on the 27th February by the Families and Wellbeing Policy and Performance Committee.

The quote from Cllr Leah Fraser in the Wirral Globe article of “The parents and staff of Lyndale School deserve better than this chaos” is one I agree with. Both the quotes of Cllr Phil Davies and Joe Blott leave out an important point not mentioned, which is that the parent governor representatives will have a vote in the decision over the call ins. I’m not sure if the Diocesan representatives have a vote too (it’s something I’d have to look into), but as far as I recall one of the two Diocesan representative positions on the Families and Wellbeing Policy and Performance Committee is vacant (although an appointment to it could be made at the next Council meeting).

However taking from 16th January (date of the original Cabinet decision) to 27th February (date of the proposed Families and Wellbeing Policy and Performance Committee to consider the call in) is a total of one month and eleven days. Certainly it is not ideal for the parents and staff of Lyndale School to face uncertainty over the outcome for such a prolonged length of time.

What Wirral Council’s constitution currently states on call ins is included at the end of this blog post. Changes to it will need to be made if the Lyndale School call ins are to be made by the Families and Wellbeing Policy and Performance Committee on the 27th February.

The controversial rewrite of Wirral’s constitution (which included changing the call in procedure) happened at an extraordinary meeting of Wirral Council last April.

Here are some quotes from what councillors said at the time back in April 2013 about the constitutional changes which Labour councillors voted for, but Conservative and Lib Dem councillors were opposed to.

Cllr Phil Davies (Labour’s Leader) (who recommended the constitutional changes which included changes to the call in system) said, “What are the aims of the changes we’re proposing? Well we want to clearly improve our governance and decision-making procedures.”

Cllr Jeff Green (Leader of the Conservatives) said, “One of the elements of these changes is to remove the Children and Young People’s and the Adult Social & Health and Wellbeing Scrutiny Committees. Given Wirral’s history …. it seems to me a backward and dangerous step to actually remove any of the scrutiny.”

Former Councillor Darren Dodd (Labour) said, “This is what the people of Wirral have been asking for, for for a very long time.”

Cllr John Hale (Conservative) said, “These proposals should be consigned to the dustbin where they belong”.

Cllr Chris Blakeley (Conservative) said, “Where will it end, what next? Will Wirral be twinned with Pyongyang?”

Cllr Tom Harney (Liberal Democrats) said, “We don’t know where we came from, we don’t know where we’re going.”

Excerpt from Wirral Council’s constitution on call ins

35. Calling in of decisions

(1) All decisions of:
(i) the Executive Board,
(ii) an individual member of the Executive Board or
(iii) a committee of the Executive Board, and
(iv) key decisions taken by an officer;
shall be published, and shall be available at the main offices of the Council normally within 2 days of being made. All members of the Council will be sent a copy of the decision.

(2) That notice will bear the date on which it is published and will specify that the decision will come into force, and may then be implemented, unless the decision is called in for scrutiny by 9a.m. on the Thursday following publication of a decision on Friday. (Adjusted by a maximum of one day in there is one or more Bank Holidays in that period)

(3) (a) During that period, the Chief Executive shall Call-In a decision for scrutiny by the Co-ordinating Committee if so requested by any six members of the Council who have given detailed reasons for the Call-In of the decision. The detailed reasons must be provided by the Lead signatory, by the Call In deadline. When a Call In is requested the Chief Executive shall liaise with the Member listed first on the Call-In schedule, to ensure there is sufficient information provided to enable the Call-In to proceed. As long as there is a clear reason given, the call-in should be allowed. He/she shall then notify the decision-taker of the Call-In. He/she shall call a meeting of the Committee on such date as he/she may determine, where possible after consultation with the Chair of the Coordinating Committee, and in any case within 7 working days of the decision to call-in.

(b) The relevant Chief Officer and all members will be notified of a call-in immediately and no action will be taken to implement the decision until the call-in procedure has been completed. A decision of the Cabinet, a committee of the Cabinet or individual Cabinet member may be called in only once.

(4) Having considered the decision, the Co-ordinating Committee may:-
(i) refer it back to the decision making person or body for reconsideration, setting out in writing the nature of its concerns or;
(ii) refer the matter to full Council. Such a referral should only be made where the Co-ordinating Committee believes that the decision is outside the policy framework or contrary to or not wholly in accordance with the budget. The procedures set out in those rules must be followed prior to any such referral.

(5) If a decision is referred back to the decision making person or body it shall be reconsidered in the light of the written concerns of the Co-ordinating Committee before a final decision is made.

(6) If following a call in, the Co-ordinating Committee does not refer the matter back to the decision making person or body and does not refer the matter to Council, the decision shall take effect on the date of the Co-ordinating Committee meeting. If the Co-ordinating Committee does not meet the decision shall take effect from the date when the Committee should have met.

(7) If the matter is referred to full Council and the Council does not object to a decision which has been made, then the decision will become effective on the date of the Council meeting.

(8) If the Council does object the Council may take a decision, which is outside the policy and budgetary framework. Otherwise the Council will refer any decision to which it objects back to the decision-making person or body, together with the Council’s views on the decision. That decision making body or person shall choose whether to amend the decision or not before reaching a final decision and implementing it. Where the decision was taken by the Executive Board as a whole or a committee of it, a meeting will be convened to reconsider within ten working days of the Council request. Where the decision was made by an individual, the individual will reconsider within ten working days of the Council request.

(9) Call-in should only be used in exceptional circumstances where members have evidence which suggests that the decision was not made in accordance with the principles of decision making in the constitution.

(10) Call-in and urgency
(a) The call-in procedure set out above shall not apply where the decision being taken by the Cabinet is urgent. A decision will be urgent if any delay is likely to be caused by the call-in process would seriously prejudice the Council’s or the public’s interest. The record of the decision and the notice by which it is made public shall state whether, in the opinion of the decision making person or body, the decision is an urgent one, and therefore not subject to call-in. The Chief Executive must agree both that the decision proposed is reasonably in all the circumstances and to it being treated as a matter of urgency. Decisions taken as a matter of urgency must be reported to the next available meeting of the Council, together with the reasons for urgency.

(b) The operation of the provisions relating to call-in and urgency shall be monitored annually, and a report submitted to Council with proposals for review if necessary.

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Standards Committee agreed to changes to Wirral Council’s constitution in narrow 5:4 vote

Standards Committee agreed to changes to Wirral Council’s constitution in narrow 5:4 vote

Standards Committee agreed to changes to Wirral Council’s constitution in narrow 5:4 vote

                         

The transcript below is from part of Wirral Council’s Standards and Constitutional Oversight Committee which met on Tuesday 26th November (item 4 Revisions to the Council’s Constitution). The vote on this item was five votes (Cllr Bill Davies, Cllr Ron Abbey, Cllr Denise Roberts and Cllr John Salter) in favour of approving the recommendations at 13.1 and 13.2 in the report and there were four votes against (Cllr Chris Blakeley, Cllr Leah Fraser, Cllr Peter Kearney). You can watch the meeting using this playlist (this item starts at 3m 38s into the meeting).

Cllr Leah Fraser said, “Excuse me Chair, before we proceed any further, I actually have spoken to Graham Burgess and apparently if there are any issues that are contentious that we’re not agreeing with to do with the changes to the constitution, then they’ll be referred for consultation. So what I’d like to move is that because there’s so much and the consultation is starting in January, which is only a month away, that we put all this into the consultation.”

Cllr Chris Blakeley replied, “Seconded Chair.”

Cllr Bill Davies (Chair) said, “OK”.

Cllr Ron Abbey said, “Chair, just on that point, as far as I am aware, these refer to arrangements by the Council to carry out its duties between now and January, which is now… you can shake your head Cllr Blakeley, I didn’t shake my head at”

Cllr Bill Davies (Chair) said, “Listen! Listen! I’m going to tell you now, this Standards Committee, I am not, I’m telling you now, right from the start, any cross chitchat out of the way. Continue Cllr Abbey now.”

Cllr Ron Abbey said, “I set out to say what I wanted to say, if it’s right or wrong I’m asking for this particular point to address this.. but I am led to believe whether it’s true or not, I’m not sure whether the Head of Law will be able to advise me whether I’m correct or not. These are interim measures which allow us to operate the Council in its proper format till January when full consultation will be taken on the constitution going forward. If I’m uncorrect then I’ll stand corrected, that’s why …response.. if I’m not then fine I’ll take … my place.”

Cllr Bill Davies (Chair) said, “OK. Surjit, do you want to give some advice for other people?”

Surjit Tour replied, “Chair, if it assist… just to provide that clarity it may help. The report essentially sets out two schedules. Schedule one which refers to amendments that this committee I believe can deal with and indeed it can move as part of its powers delegated to it through the power to make minor amendments to the Council’s constitution. Schedule two however outlines in more detail changes which the report it’s to be recommended that this committee recommends that Council approves because of the nature of those changes.

So in terms of the little point that’s been raised by the councillor. Councillor, the position is that they’re not interim changes that would be made at this committee. If approved the changes in schedule one, they would be changes that would be permanent to the Council’s constitution until changed by Council or this committee in the future whereas schedule two changes as proposed would require Council’s approval before those changes would take effect. Then again, they could be subsequently changed there also if Council so chose to do so.”

Cllr Bill Davies (Chair) said, “OK. Thank you, Councillor Blakeley.”

Cllr Chris Blakeley said, “Thank you Chairman, I had a conversation with the Chief Executive .. this evening and had a conversation with the Head of Law earlier this afternoon. The Chief Executive made it very clear to me that if there were any contentious issues and any disagreement then they should be referred to the full consultation. I suggested last night that the Chief Executive spoke to the Head of Law and remove the items that were contentious and allow the other ones that weren’t in contention to go through. That clearly hasn’t happened and that’s why we are moving the whole report be deferred to consultation. A very strange thing happened last night, the Chief Executive agreed with me. That’s the first time since he’s been in post.”

Cllr Bill Davies (Chair) said, “OK, now I’ve got Cllr McLaughlin, you want to comment briefly, Cllr McLaughlin?”

Cllr Moira McLaughlin said, “Very briefly, it’s just a comment. A significant number of amendments doesn’t actually mean that they are either anything more than minor or that they are contentious and I agree that there are a significant number, but that doesn’t in itself make them contentious. The other thing is that as far as I understood, these have been approved by the party leaders as the well, … that was my understanding that this has been approved by the party leaders and certainly I was only suggesting that we move ahead to facilitate the smooth running of the Council and to continue …..”

Cllr Bill Davies (Chair) said, “OK, …”

Surjit Tour said, “Chair, if I can also clarify, I’ve also spoken to the Chief Executive this afternoon about these matters. The Chief Executive’s view is that if, it’s a matter obviously for this committee, if they are matters which the committee is minded to unanimously agree on these proposals then I think the committee would want to refer those the wider review and have those debated obviously. If Members feel that it is, if whether certainly if Members require further debate or discussion, my view is that there would be no particular issue with regards to that being an appropriate course of action either for this committee. Clearly where there’s unanimous changes or the changes are relatively minor in detail then I almost think that they could be dealt with a recommendation to Council to approval, but where there are matters which require further debate and discussion, then the Chief Executive’s view was that subjecting those particular proposals to the wider review that’s going to be taken in due course.”

Cllr Bill Davies (Chair) said, “Councillor Harney.”

Cllr Tom Harney said, “Right, thank you Chair. I have one or two things to say, first of all I’m declaring my interest, I haven’t spoken to Mr. Burgess today, this week or even this month and I’m sure how he comes into all this. He seems to be able to read minds of Members and what the Members are going to be minded to do, maybe that’s a reflection of the whole of this constitution we have, I don’t know.

I would like to say some papers and some comments and I’m sorry if I offend anybody but there we are. That is life. I’ve got these papers here, I’ve got this paper here which was put on the table today. There is no coherence as far as I can see, I am not happy to be given this. This is a Standards Committee, I’m totally unhappy with it. I can’t even find schedule one, maybe it’s my eyesight, maybe it’s my age, I don’t know but I can’t find it, it must be somewhere and we’re being asked to agree amendments, some of them it seems may be minor and so on but there has been no steer as to what on earth it’s all about, apart from the fact it seems to have been discussed by the party leaders, who presumably have some new role in this Council which is not really defined by the constitution although I think it’s referred to. Well when we’re …. is it of importance? I do think that since this is a Standards Committee, we should have things done meticulously and sensibly.

The reality is and I will accept this having been a councillor for a number of years and that is that our record on adhering to or having a sensible set of standing orders which are actually adhered to is dismal in this Council over many, many years. …. keep on suspending standing orders and I’m afraid that I remember our previous Head of Legal Services who came along trying to get us to change and was shouted down basically almost. He was certainly outvoted.

He said ‘This is all wrong.’ and we said, ‘No, we do it this way, this is Wirral.’ So I do accept and I do think it’s important that we get our constitution right and our standing orders and so on right and we adhere to that, but we can only do that if we as a Council start to put ourselves thoroughly understand what the issues are and I’m not happy that.

I mean I know some things may be urgent and I will accept that and I’d like to be told what and why briefly preferably, I don’t think spending half an hour on it and then I would like the suggestion that we vote and then I suggest we go home and I do not think that from my point of view, and I’m quite willing to accept that everybody else is thoroughly dissatisfied and I’m not and I don’t know how I can vote without any of that and I just root through these and we have a rather what’s the word bad tempered discussion at the end of the day because we lose patience with each other, after all it’s not our job to write paperwork for the committee.”

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Planning Committee refuses plan for Tesco in Wallasey Village

A report on Wirral Council’s Planning Committee meeting of the 22nd August 2013 and its decision to turn down an application to build a Tesco in Wallasey Village. APP/13/00629 Classic Cars Of Wirral Ltd CH45 3LP

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Unusually I got to film the Planning Committee meeting. The first planning application was the controversial application for a Tesco in Wallasey Village (the officer’s report can be read here and here is a link that takes you straight to the start of that item in the video I took of it.

The officer introduced the item by saying a decision on the application was deferred on the 25th July for a site visit. She explained the planning history and the reasons why the officers were recommending it for approval. There was a petition objecting to it signed by over 1,200 people.

The lead petitioner gave his name as Lee Kendall and said that he was the principal transport planner at SCP (a transport consultancy based in Manchester). He referred to a technical report SCP had submitted and how they felt the level of parking was inaccurately described in the officer’s report and below the levels they’d expect. The lack of parking would lead to overspill parking in the nearby streets which in his opinion was contrary to policies SH6 and TR9.

Using an industry standard database they had estimated that the traffic would exceed the spaces in the car park leading to overspill parking which would have an impact on traffic flow and road safety. He also felt that the application should have included a proper transport statement. Mr Kendall also said that the amenities of local residents would be affected by noise during unsocial hours.

The main road it was on already had a poor road safety record and he listed the different types of accident recorded over the last seven years. Although a puffin crossing was a condition, with a school situated opposite the site there was the concern that there was the potential for an accident involving a child crossing the road by not using the crossing. In his view overspill parking would also increase the likelihood of an accident involving a child.

The first floor was only accessible via a stairwell, so he felt that this meant the application wouldn’t comply with part M of the building regulations, Disability Discrimination Acts and the Equality Act 2010. Although this was not a material planning consideration he asked why would they approve a scheme that would breach building regulations? He urged the committee to refuse the application.

Matthew Brooke (of Edgeplan, the Manchester based agents) replied on behalf of the applicant Alfa Trustees. He referred to the officer’s recommendation to approve the application and that it was an underused site. Mr Brooke said that a superstore would create jobs for local people and was a substantial change from the earlier refused proposal.

There were a lot of highways related conditions from the puffin crossing and officers could go further and put in yellow lines. He felt that the scale of development was correct but they were aware of traffic accidents in Wallasey Village. Mr Brooke said that the first floor of the store would not be accessible to the public and used for staff use only. He finished by asking the Planning Committee to approve the application.

A ward councillor, Cllr Leah Fraser also addressed the Planning Committee. She started by saying that she had asked officers for a copy of the traffic survey, but she’d been told over the phone that a survey hadn’t been done. Therefore Cllr Fraser felt the officer’s assertions in the report weren’t backed up by evidence. She’d asked how the estimated traffic level figure was arrived at. Cllr Fraser had been told that the figure was calculated using the proposed floor area.

In her opinion if parking would be contained solely in the car park she estimated that each customer would have to park, shop, pay and leave within ten minutes. This wasn’t likely to happen so overspill parking in the surrounding streets would result due to the under provision of car parking. She said a figure of twenty full-time staff had been given and that the parking needs of staff would further exacerbate the parking issue. As an example of this she said that at the site visit one of the Planning Committee had had to park on double yellow lines and there had only been fifteen on the site visit.

Cllr Fraser said that the overspill parking would affect the residents in sheltered accommodation at Granville Court as there were regular visitors and ambulances going to and from there. Customers would also park outside the nearby residential properties and the residents would see a decrease in the amenities they’d come to reasonably expect to enjoy.

She asked how the new store would employ disabled staff if the first floor was inaccessible for disabled people? Residents were also concerned about the noise of deliveries and air conditioning. The previous use of the site in her opinion had been an important buffer between commercial premises, however she didn’t consider a Tesco as a buffer.

Further concerns of hers were that there would be overlooking from nearby flats of the service area and deliveries from 7 am in the morning. Although a new store might create new jobs, Cllr Fraser felt jobs would be lost as some remaining shops would end up closing. She referred to the over a thousand people who had signed a petition against despite it being widely publicised. Cllr Fraser was amazed that the report did not include the results of a traffic survey and referred to the estimated vehicle movements and the “tremendous opposition” to the proposal. She asked the Planning Committee to refuse it on the grounds that it was contrary to policy SH6 and that the impact of vehicles and footfall had not been assessed.

The Chair invited the Planning Committee to discuss the application.

Continues at Planning Committee (Wirral Council) 22nd August 2013 refuses plan for Tesco in Wallasey Village.

Coordinating Committee (Wirral Council) 3rd July 2013 | Councillors argue over minutes of LGA Conference costs call-in

A report on Wirral Council’s Coordinating Committee meeting of the 3rd July 2013 | Councillors argue over minutes of LGA Conference costs call-in

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Above is Part 1 of the Coordinating Committee meeting of the 3rd July 2013, which covers the first twenty-four minutes of the meeting, if you want to watch the whole meeting there is a playlist of all parts of the meeting here.

Coordinating Committee (Wirral Council) 3rd July 2013 | Councillors argue over minutes of LGA Conference costs call-in meeting

                                                                                   

Present:
Cllr David Elderton
Cllr Alan Brighouse (Liberal Democrat spokesperson)
Cllr Denise Roberts
Cllr Moira McLaughlin
Cllr Adam Sykes
Cllr Robert Gregson deputy for Cllr Ron Abbey
Cllr Stuart Wittingham (Chair)
Cllr Jean Stapleton
Cllr Andrew Hodson (Conservative spokesperson)
Cllr Steve Williams
Cllr Steve Foulkes
Cllr Bernie Mooney
Cllr Leah Fraser
Cllr Pat Glasman

The Chair, Cllr Stuart Wittingham welcomed people to the inaugural meeting of the Coordinating Committee (although the committee had already met to consider the Conservative call in of whether sending people to the Local Government Association conference was value for money. He asked for any apologies. Apologies were given for Cllr Ron Abbey.

Cllr David Elderton asked why there were no microphones for the members of the committee (other than the Chair and the officers either side of him)? The Chair said they’d find out, but in the meantime just to speak loudly. The Chair asked for any declarations of interest or party whip? Nobody made any. He then asked if people had had a chance to read the minutes of the previous Coordinating Committee meeting, which considered the call-in?

Cllr Leah Fraser said that before they approved them she wanted to make some comments. Cllr Patricia Glasman asked if they were points on the minutes of the Scrutiny Programme Board? Cllr Fraser answered they weren’t, they were to do with the minutes of the call-in meeting.

The Chair pointed out to Cllr Glasman that agenda item four was the minutes of the call-in meeting. Cllr Fraser said she would limit her comments to two or three.

Under Melissa Holt, in the second paragraph Cllr Fraser quoted that in the minutes Melissa Holt “had become aware of an invoice for the LGA Conference”, she felt the sentence was “isn’t entirely accurate” and that what Melissa Holt had said was that she first became aware that the places had been booked for the conference on the 29th May. Cllr Fraser thought the sentence should be changed around and that it was an important point.

Cllr Steve Foulkes said, “I’m certainly not happy at all, I’m unhappy with one person’s version of events being the truth.”

Cllr Leah Fraser started to reply to Cllr Steve Foulkes but was interrupted by a Labour councillor, then a number of different councillors expressed their views on the matter.

Sustainable Communities Overview and Scrutiny Committee (Wirral Council) 21st November 2012 Labour councillors ban filming (again)

Labour councillors on the Sustainable Communities Overview and Scrutiny Committee vote to ban filming of the Wirral Council public meeting

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Well, in what is becoming a rather predictable saga and in a repeat of what happened at the start of Pensions Committee on Tuesday evening, Labour councillors once again voted that filming be stopped of this public meeting of Wirral Council’s Sustainable Communities Overview and Scrutiny Committee on Wednesday evening.

The Conservative councillors (except for the Chair who abstained) and sole Liberal Democrat councillor voted against banning filming but were outnumbered by the Labour councillors.

When asked by Cllr Fraser what the reasons were for banning filming the proposer of the motion Labour councillor Jerry Williams responded as follows:-

“Well, we’ve had clear guidance on this issue, here we are, on the other hand ostentatiously filming and recording events from the gallery could be regarded as disorderly and disruptive or otherwise. It is secondly unsettling to point a camera at someone at issue, significantly Members would know as they were being filmed, we have no control over way the film is taken, edited or even produced. I think that’s quite clear.”

Cllr Dave Mitchell, Liberal Democrat spokesperson said, “I’m in no rush, but I want my say in the end. In relation to that particular note, the passages that you’ve read out, what was the final recommendation to Cabinet or to the Council when that was actually dealt with? I’m just reminded while you’re looking it up, if you look behind it your good selves you will see there are Cabinet here, and for eighteen months every Planning Committee was filmed by the local authority. Did I interrupt you guys? Again it goes back to the comments [Cllr] Leah [Fraser] made before, it was stopped for financial reasons. I don’t see anything wrong with it being filmed because I know I’ve got nothing to hide.”

There were many items on the agenda that I’m sure the Wirral public would’ve liked to see (and hear) their local councillors’ views on which included domestic homicides, pavement and grass verge parking, parks modernisation and the Arrowe Park hospital travel plan.

Ironically (and causing much laughter) in the first main item after filming was banned (an item on domestic homicides) the Labour councillor Mike Sullivan, who had earlier seconded the motion banning filming, spoke of his regret that it was “not on the record” followed up with the barbed insult of “people this side [Labour] know the rules, Members opposite don’t”.