What is a Pensions Board and can it exclude the press and public from its meetings?

What is a Pensions Board and can it exclude the press and public from its meetings?

What is a Pensions Board and can it exclude the press and public from its meetings?

                                                                   

Pensions Board meeting 13th October 2015 Foreground L to R Unknown, Patrick Moloney, Mike Hornby, Paul Wiggins, John Raisin (Chair), Anne Beauchamp Background L to R Unknown, Peter Wallach (Head of Pension Fund), Joe Blott (Strategic Director for Transformation and Resources)
Pensions Board meeting 13th October 2015 Foreground L to R Unknown, Patrick Moloney, Mike Hornby, Paul Wiggins, John Raisin (Chair), Anne Beauchamp Background L to R Unknown, Peter Wallach (Head of Pension Fund), Joe Blott (Strategic Director for Transformation and Resources)

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Video of the Local Pensions Board (Merseyside Pension Fund) meeting on the 12th October 2015

I attended my first meeting of Wirral Council’s Pensions Board today (although this is the second meeting of the Pensions Board). Wirral Council are the Administering Authority for the Merseyside Pension Fund.

Although the venue was listed as: Merseyside Pension Fund, 7th Floor, Castle Chambers, Liverpool L2 9SH, it was in fact held in a board room on the 4th floor at the same address.

This page on the Merseyside Pension Fund’s website states who make up the Pensions Board.

Mike Hornby (a former Wirral Council councillor for Greasby, Frankby & Irby ward) was there as a member of the the Pensions Board. He is one of the employer representatives representing Wirral Council.

Paul Wiggins (one of the Member (meaning Member of the Merseyside Pension Fund) representatives) was there to represent the pensioner members in the Merseyside Pension Fund. Also there was the Independent Chair John Raisin.

The full list of nine people that make up the Pension Board can be found on the Merseyside Pension Fund website, although not all nine were present for the meeting and I haven’t listed everyone who was at the meeting above.

However what does a Pensions Board actually do? Well it’s a relatively recent legal requirement to have one that only started in April 2015. As Wirral Council administer the Merseyside Pension Fund they’re therefore required to have one. The role of the Pensions Board is to help ensure the Merseyside Pension Fund complies with governance and administration requirements.

The terms of reference state its function as follows.

2.1 The purpose of the Board is to assist the Administering Authority in its role as a scheme manager of the Scheme. Such assistance is to:

a. secure compliance with the Regulations, any other legislation relating to the governance and administration of the Scheme and requirements imposed by the Pension Regulator in relation to the Scheme and;

b. ensure the effective and efficient governance and administration of Merseyside Pension Fund.

c. provide the Scheme Manager with such information as it requires ensuring that any member of the Pension Board or person to be appointed to the Board does not have a conflict of interest.

 

It’s now where we get to a rather strange problem. Agenda item 8 of the meeting, as you can read for yourself on Wirral Council’s website attempts to exclude any members of the press and public present for items 9, 9a and 10 which refers to the Local Government Act 1972, s.100A.

Before the meeting started I would’ve liked a chance to point out verbally to someone what I’m going to write about now, but a Wirral Council officer insisted we wait in the kitchen next door instead, oh well.

There is power to exclude the press and public from a public meeting. It comes from the Local Government Act 1972, s.100A(4) and applies to meeting of a principal council and because of Local Government Act 1972, s.100E also committees and subcommittees (as well as joint committees).

The Pensions Board was never set up as a committee (or subcommittee) of Wirral Council though. In fact its terms of reference for the Pensions Board make that extremely clear.

“1.3 The Board is not a committee constituted under Section 101 of the Local Government Act 1972 and therefore no general duties, responsibilities or powers assigned to such committees or to any sub-committees or officers under the constitution, standing orders or scheme of delegation of the Administering Authority apply to the Board unless expressly included in this document.”
 

So let me get this straight, a Pensions Board whose purpose is to “secure compliance with legislation”, assigns itself a power in law to exclude press and public from its meetings that it doesn’t have?

At the meeting itself on the 13th October 2015 the Independent Chair John Raisin proposed this resolution to exclude the press and public, it was seconded and agreed by the Pensions Board.

So who do you complain to about the Pensions Board not complying with the legislation? Why the Pension Board of course as its their role to ensure the Merseyside Pension Fund complies with the legislation!

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Wirral Council committee appointments for the 2014/15 municipal year

Wirral Council committee appointments for the 2014/15 municipal year

Wirral Council committee appointments for the 2014/15 municipal year

                            

This is a list of which councillor is on which committee for the 2014/15 year. It doesn’t include deputies (but the list of deputies can be found here at pages thirteen to twenty-three). This is the original list as agreed at the Annual Meeting (Part 2) of the Council on the 9th June 2014 (and published on the 23rd June 2014). Changes can be made throughout the 2014/15 year.

Cabinet (10 councillors)

Cllr Phil Davies (Leader of the Council and Cabinet Member for Finance)
Cllr Ann McLachlan (Governance, Commissioning and Improvement & Joint Deputy Leader of the Council)
Cllr George Davies (Neighbourhoods, Housing and Engagement & Joint Deputy Leader of the Council)
Cllr Adrian Jones (Support Services)
Cllr Christine Jones (Adult Social Care and Public Health)
Cllr Chris Meaden (Leisure, Sport and Culture)
Cllr Pat Hackett (Economy)
Cllr Tony Smith (Children and Family Services)
Cllr Bernie Mooney (Environment and Sustainability)
Cllr Stuart Whittingham (Highways and Transport)

Although there are no deputies for Cabinet, there are ten assistant portfolio holders.

Audit and Risk Management Committee (9 councillors)

Councillor John Hale (Conservative spokesperson)
Councillor David Elderton (Conservative)
Councillor Adam Sykes (Conservative)
Councillor Jim Crabtree (Labour & Chair)
Councillor Ron Abbey (Labour & Vice-Chair)
Councillor Paul Doughty (Labour)
Councillor Matthew Patrick (Labour)
Councillor Joe Walsh (Labour)
Councillor Stuart Kelly (Liberal Democrat spokesperson)

In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.

Employment and Appointments Committee (8 councillors)

Councillor Jeff Green (Conservative spokesperson)
Councillor Lesley Rennie (Conservative)
Councillor Adrian Jones (Labour & Chair)
Councillor Phil Davies (Labour & Vice-Chair)
Councillor George Davies (Labour)
Councillor Ann McLachlan (Labour)
Councillor Moira McLaughlin (Labour)
Councillor Phil Gilchrist (Liberal Democrat spokesperson)

In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.

Licensing, Health and Safety and General Purposes Committee (9 councillors)

Councillor Andrew Hodson (Conservative spokesperson)
Councillor Leah Fraser (Conservative)
Councillor Geoffrey Watt (Conservative)
Councillor Bill Davies (Labour & Chair)
Councillor Steve Niblock (Labour & Vice-Chair)
Councillor John Salter (Labour)
Councillor Christine Spriggs (Labour)
Councillor Mike Sullivan (Labour)
Councillor Pat Williams (Liberal Democrat spokesperson)

In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.

Licensing Act 2003 Committee (15 councillors)

Councillor Eddie Boult (Conservative)
Councillor Gerry Ellis (Conservative)
Councillor Andrew Hodson (Conservative)
Councillor Mike Hornby (Conservative)
Councillor Bill Davies (Labour, Chair)
Councillor Steve Niblock (Labour, Vice-Chair (from 18th June 2014))
Councillor George Davies (Labour)
Councillor Tony Norbury (Labour)
Councillor Louise Reecejones (Labour)
Councillor Denise Roberts (Labour)
Councillor John Salter (Labour)
Councillor Harry Smith (Labour)
Councillor Mike Sullivan (Labour)
Councillor Dave Mitchell (Liberal Democrat)
Councillor Pat Williams (Liberal Democrat)

There are no deputies for this committee.

Pensions Committee (10 Wirral Council councillors plus 5 co-opted members)

Councillor Geoffrey Watt (Conservative spokesperson)
Councillor Mike Hornby (Conservative)
Councillor Cherry Povall (Conservative)
Councillor Paul Doughty (Labour, Chair)
Councillor Ann McLachlan (Labour, Vice-Chair)
Councillor George Davies (Labour)
Councillor Treena Johnson (Labour)
Councillor Adrian Jones (Labour)
Councillor Harry Smith (Labour)
Councillor Chris Carubia (Liberal Democrat spokesperson)

Co-opted members
Councillor Norman F Keats (Labour, Knowsley Council)
Councillor John Fulham (Labour, St Helens Council)
Councillor Paul Tweed (Labour, Sefton Council)
Councillor Patrick Hurley (Labour, Liverpool City Council)
Patrick McCarthy

In addition to the above there are eight Conservative deputies, eight Labour deputies and four Liberal Democrat deputies.

Planning Committee (13 councillors)

Councillor David Elderton (Conservative spokesperson)
Councillor Eddie Boult (Conservative)
Councillor Paul Hayes (Conservative)
Councillor Kathy Hodson (Conservative)
Councillor Anita Leech (Labour, Chair)
Councillor Denise Realey (Labour, Vice-Chair)
Councillor Phillip Brightmore (Labour)
Councillor Matt Daniel (Labour)
Councillor Christine Spriggs (Labour)
Councillor Joe Walsh (Labour)
Councillor Irene Williams (Labour)
Councillor Stuart Kelly (Liberal Democrat spokesperson)
Councillor Pat Cleary (Green Party spokesperson)

In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.

Standards and Constitutional Oversight Committee (9 councillors, 4 independent persons)

Councillor Les Rowlands (Conservative spokesperson)
Councillor Gerry Ellis (Conservative)
Councillor John Hale (Conservative)
Councillor Bill Davies (Labour, Chair)
Councillor Moira McLaughlin (Labour, Vice-Chair)
Councillor Rob Gregson (Labour)
Councillor Denise Roberts (Labour)
Councillor John Salter (Labour)
Councillor Pat Williams (Liberal Democrat spokesperson)

Independent persons
Professor R S Jones (until 15th July 2016)
Mr C Jones (until 15th July 2016)
Mr D Burgess-Joyce (until 15th July 2016)
Mr B Cummings (until 15th July 2016)

In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.

Coordinating Committee (15 councillors, 4 co-opted members)

Councillor Chris Blakeley (Conservative spokesperson)
Councillor Tom Anderson (Conservative)
Councillor Wendy Clements (Conservative)
Councillor Mike Hornby (Conservative)
Councillor Steve Williams (Conservative)
Councillor Moira McLaughlin (Labour, Chair)
Councillor Paul Doughty (Labour, Vice-Chair)
Councillor Phillip Brightmore (Labour)
Councillor Anita Leech (Labour)
Councillor Christina Muspratt (Labour)
Councillor Walter Smith (Labour)
Councillor Mike Sullivan (Labour)
Councillor Jerry Williams (Labour)
Councillor Janette Williamson (Labour)
Councillor Phil Gilchrist (Liberal Democrat spokesperson)

Co-opted members (when dealing with education matters with voting rights)
Roman Catholic Diocese Mr Damian Cunningham
Church of England Vacancy
Mrs H Shoebridge (parent governor) until 28th October 2015
Mrs Nicola Smith (parent governor) until 8 February 2017

In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.

Families and Wellbeing Policy and Performance Committee (15 councillors, 4 co-opted members)

Councillor Wendy Clements (Conservative spokesperson)
Councillor Bruce Berry (Conservative)
Councillor Paul Hayes (Conservative)
Councillor Mike Hornby (Conservative)
Councillor Cherry Povall (Conservative)
Councillor Moira McLaughlin (Labour, Chair)
Councillor Denise Roberts (Labour, Vice-Chair)
Councillor Phillip Brightmore (Labour)
Councillor Treena Johnson (Labour)
Councillor Tony Norbury (Labour)
Councillor Walter Smith (Labour)
Councillor Christine Spriggs (Labour)
Councillor Janette Williamson (Labour)
Councillor Alan Brighouse (Liberal Democrat spokesperson)
Councillor Pat Cleary (Green Party spokesperson)

Co-opted members (with voting rights)
Roman Catholic Diocese Mr Damian Cunningham
Church of England Vacancy
Mrs H Shoebridge (parent governor) until 28th October 2015
Mrs Nicola Smith (parent governor) until 8 February 2017

In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.

Regeneration and Environment Policy and Performance Committee (15 councillors)

Councillor Steve Williams (Conservative spokesperson)
Councillor Gerry Ellis (Conservative)
Councillor John Hale (Conservative)
Councillor Andrew Hodson (Conservative)
Councillor Tracey Smith (Conservative)
Councillor Mike Sullivan (Labour, Chair)
Councillor Jerry Williams (Labour, Vice-Chair)
Councillor Jim Crabtree (Labour)
Councillor Matt Daniel (Labour)
Councillor Rob Gregson (Labour)
Councillor Anita Leech (Labour)
Councillor Steve Niblock (Labour)
Councillor Denise Realey (Labour)
Councillor Jean Stapleton (Labour)
Councillor Dave Mitchell (Liberal Democrat spokesperson)

In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.

Transformation and Resources Policy and Performance Committee (15 councillors)

Councillor Adam Sykes (Conservative spokesperson)
Councillor Tom Anderson (Conservative)
Councillor Bruce Berry (Conservative)
Councillor Kathy Hodson (Conservative)
Councillor Tracey Smith (Conservative)
Councillor Janette Williamson (Labour, Chair)
Councillor Paul Doughty (Labour, Vice-Chair)
Councillor Matt Daniel (Labour)
Councillor Rob Gregson (Labour)
Councillor Matthew Patrick (Labour)
Councillor Christina Muspratt (Labour)
Councillor Louise Reecejones (Labour)
Councillor Joe Walsh (Labour)
Councillor Irene Williams (Labour)
Councillor Phil Gilchrist (Liberal Democrat spokesperson)

In addition to the above there are eight Conservative deputies, eight Labour deputies and five Liberal Democrat deputies.

Birkenhead Constituency Committee (18 councillors, 1 co-opted member)

Councillor Jim Crabtree (Labour, Bidston & St. James)
Councillor Ann McLachlan (Labour, Bidston & St. James)
Councillor Harry Smith (Labour, Bidston & St. James)
Councillor Pat Cleary (Green, Birkenhead & Tranmere)
Councillor Phil Davies (Labour, Birkenhead & Tranmere)
Councillor Jean Stapleton (Labour, Birkenhead & Tranmere)
Councillor George Davies (Labour, Claughton)
Councillor Steve Foulkes (Labour, Claughton)
Councillor Denise Roberts (Labour, Claughton)
Councillor Alan Brighouse (Liberal Democrat, Oxton)
Councillor Stuart Kelly (Liberal Democrat, Oxton)
Councillor Pat Williams (Liberal Democrat, Oxton)
Councillor Paul Doughty (Labour, Prenton)
Councillor Tony Norbury (Labour, Prenton)
Councillor Denise Realey (Labour, Prenton)
Councillor Bill Davies (Labour, Rock Ferry)
Councillor Chris Meaden (Labour, Rock Ferry)
Councillor Moira McLaughlin (Labour, Rock Ferry)

Co-opted Member
Rt Hon Frank Field MP (Chair)

Wallasey Constituency Committee (18 councillors, 6 community representatives)

Councillor Ron Abbey (Labour, Leasowe and Moreton East)
Councillor Treena Johnson (Labour, Leasowe and Moreton East)
Councillor Anita Leech (Labour, Leasowe and Moreton East)
Councillor Matt Daniel (Labour, Liscard)
Councillor Bernie Mooney (Labour, Liscard)
Councillor Janette Williamson (Labour, Liscard)
Councillor Bruce Berry (Conservative, Moreton West and Saughall Massie)
Councillor Chris Blakeley (Conservative, Moreton West and Saughall Massie)
Councillor Steve Williams (Conservative, Moreton West and Saughall Massie)
Councillor Rob Gregson (Labour, New Brighton)
Councillor Pat Hackett (Labour, New Brighton)
Councillor Christine Spriggs (Labour, New Brighton)
Councillor Adrian Jones (Labour, Seacombe)
Councillor Chris Jones (Labour, Seacombe)
Councillor John Salter (Labour, Seacombe)
Councillor Leah Fraser (Conservative, Wallasey)
Councillor Paul Hayes (Conservative, Wallasey)
Councillor Lesley Rennie (Conservative, Wallasey)

Community Representatives
Mr Ken Harrison
Mr Brian Higgins
Mr Tony Jones
Mr Keith Raybould
Mr Paul Roberts
Mr Lewis Collins

Wirral South Constituency Committee (15 councillors, up to 6 community representatives)

Councillor Christina Muspratt (Labour, Bebington)
Councillor Walter Smith (Labour, Bebington)
Councillor Jerry Williams (Labour, Bebington)
Councillor Steve Niblock (Labour, Bromborough)
Councillor Joe Walsh (Labour, Bromborough)
Councillor Irene Williams (Labour, Bromborough)
Councillor Cherry Povall (Conservative, Clatterbridge)
Councillor Tracey Smith (Conservative, Clatterbridge)
Councillor Adam Sykes (Conservative, Clatterbridge)
Councillor Chris Carubia (Liberal Democrat, Eastham)
Councillor Phil Gilchrist (Liberal Democrat, Eastham)
Councillor Dave Mitchell (Liberal Democrat, Eastham)
Councillor Andrew Hodson (Conservative, Heswall)
Councillor Kathy Hodson (Conservative, Heswall)
Councillor Les Rowlands (Conservative, Heswall)

Community representatives
Unknown

Wirral West Constituency Committee (15 councillors plus six co-opted community representatives)

Councillor Tom Anderson (Conservative, Greasby, Frankby & Irby)
Councillor Wendy Clements (Conservative, Greasby, Frankby & Irby)
Councillor Mike Hornby (Conservative, Greasby, Frankby & Irby)
Councillor Eddie Boult (Conservative, Hoylake & Meols)
Councillor Gerry Ellis (Conservative, Hoylake & Meols)
Councillor John Hale (Conservative, Hoylake & Meols)
Councillor Phillip Brightmore (Labour, Pensby & Thingwall)
Councillor Louise Reecejones (Labour, Pensby & Thingwall)
Councillor Michael Sullivan (Labour, Pensby & Thingwall)
Councillor Matthew Patrick (Labour, Upton)
Councillor Tony Smith (Labour, Upton)
Councillor Stuart Whittingham (Labour, Upton)
Councillor David Elderton (Conservative, West Kirby & Thurstaston)
Councillor Jeff Green (Conservative, West Kirby & Thurstaston)
Councillor Geoffrey Watt (Conservative, West Kirby & Thurstaston)

Community Representatives
Jackie Hall (Hoylake and Meols)
John Smith (Greasby, Frankby & Irby)
Lynn Collier (Pensby & Thingwall)
Elise Wong (Upton)
David Wade (West Kirby & Thurstaston)

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Cabinet (Wirral Council) Special Meeting 18th April 2013

Special Cabinet meeting (Wirral Council) 18th April 2013 Labour confirm they’re sticking with the Leader and Cabinet model

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Present:
Cllr Phil Davies
Cllr Brian Kenny
Cllr Ann McLachlan
Cllr Chris Meaden
Cllr Chris Jones
Cllr Pat Hackett
Cllr Tony Smith
Cllr George Davies
Cllr Adrian Jones

The Chair (Cllr Phil Davies) welcomed people to the special meeting of Cabinet and asked for any declarations of interest. No declarations of interest were made, but apologies were given for Cllr Harry Smith by Cllr Chris Meaden.

The minutes of the previous Cabinet meeting were agreed.

The Chair said he would ask the Cabinet Member for Improvement and Governance to talk to this report (on revisions to Wirral Council’s constitution) after he said a few words himself. He thanked Stephen Gerrard for his work on the report.

Cllr Davies said the changes to the Council’s Constitution were “a key issue with the Improvement Board”, a “key action area in the Improvement Plan” and “an issue the Corporate Peer Challenge raised with us last Autumn”.

He continued by saying, “I want to stress at the outset that the Administration intend to continue to operate the Cabinet and Leader model, that’s very clear. We are not persuaded that it is time to depart from that model and we’re certainly not persuaded to go back to the old Committee system and I know that’s an issue of contention with the Opposition, but I want to make it absolutely crystal clear that that is the Administration’s position for the avoidance of doubt and I do personally believe that the Cabinet and Leader model is the best model for us at present and actually will enable us to work in the most efficient and effective way in which we make decisions. So I think it’s important to put that on record.”

He talked about the aims behind the changes and how their “big hope is the new arrangements will lead to greater engagement by local residents”. Cllr Davies said the new procedure for Council meetings was “designed to focus on things we are actually responsible for rather than things we’re not responsible for” and “we need to move away from the kind of too often I think all of us have been guilty about engaging in the kind of Punch and Judy aspect of debating the issues in the Council Chamber”.