Why do councillors get allowances tax-free and YOU end up paying the £10,820.28 tax?

Why do councillors get allowances tax-free and YOU end up paying the £10,820.28 tax?

Why do councillors get allowances tax-free and YOU end up paying the £10,820.28 tax?

                                             

In an update to the earlier story Why is there a £17k to £19k discrepancy in allowances and expenses for councillors on Merseyside Fire and Rescue Authority?, Merseyside Fire and Rescue Service have been in touch to explain what’s going on.

Firstly, when Merseyside Fire and Rescue Authority declared that councillors cost (and told the public this at a public meeting) £7k in expenses earlier in the year (it was this public meeting).

This should’ve actually been £14k.

£7k was the amount claimed back by councillors, Merseyside Fire and Rescue Service then paid a further £7k in expenses directly (that should’ve been included in the figures).

With me so far?

No I come to a rather shocking revelation.

The allowances paid to councillors at Merseyside Fire and Rescue Authority are paid tax-free. A Wirral Council councillor has left a comment stating that for Wirral Council, income tax and NI are deducted from councillors’ allowance from the amounts councillors receive.

I’ll try and explain.

I’m self-employed so I have to declare what I earn each year to HMRC [Her Majesty’s Revenue and Customs]. HMRC then tell me how much National Insurance and Income Tax I pay and I pay that out of my gross profits.

However councillors are paid allowances and at MFRA (and presumably other public bodies but not Wirral Council) that pays them the allowance is paying any income tax or National Insurance due on top of that!

It isn’t coming out of their allowances! So everybody else has to pay tax out of their gross pay councillors do not! Who pays for this cosy arrangement? You do through taxes!

The amounts of course for a small authority like Merseyside Fire and Rescue Authority for these beneficial tax arrangements the costs are small (£10,820.28) as it has only eighteen councillors.

However in the annual totals published each year because of the The Local Authorities (Members’ Allowances) (England) Regulations 2003, SI 2003/1021 these amounts are not included. This misleads the public into thinking that councillors cost far less than they actually do cost.

The Wirral Council figures for councillors allowances for 2014/15 were published earlier this year. These figures presumably include income tax/NI, whereas similar figures for the MFRA do not.

In a question I posed to Councillor Adrian Jones earlier this year he stated “however in future the cost of Member’s [councillor’s] taxi journeys undertaken pertinent to these taxi contracts will be published on the Council’s website as soon as practicable after the end of each financial year.”

This response to a FOI request I made, shows the total spend on councillors for taxis from April to December 2014 was £1,829.55.

So over the whole year, that would be an estimated £2,400.

The figures however declared in the official expenses table only come to less than a thousand pounds.

Obviously this means the taxi amounts have once again not been included with the official figures despite Councillor Adrian Jones suggesting that they would.

I exercised my Audit Commission Act 1998, s.15 right this year (as I’m a local government elector in Wirral) to copies of the paperwork to do with expenses.

Wirral was supposed to (as not to do so would be breaking the law) provide them by the end of the inspection period which finished on the 14th August 2015.

This is to allow a reasonable period for any questions to the auditor or any objections to be resolved by the time the accounts have to be closed by 30th September 2015.

I have sadly only received a very small fraction of what I requested.

Merseytravel, Merseyside Fire and Rescue Authority and Merseyside Waste Disposal Authority all managed to provide the information either by the end of the inspection period or shortly after.

Wirral Council has not. It’s now over a month passed the 14th August 2015 and I’m still waiting.

There’s also a right to inspect these councillor expenses, again Wirral Council just states that they are dealing with this under the audit legislation, that the paperwork they have from HR on councillor expenses is  incomplete  therefore I can’t see it yet!!!

I mean seriously! They didn’t mind giving me incomplete paperwork last year (but did mind me pointing out it was incomplete and having to go back and do it properly).

Apparently they’ve spent some money this time on software to black bits out, since the Vincenti incident and the accidental disclosure of ~200 members of staff names, dates of birth, national insurance numbers and pension details to me in a contract it seems that Wirral Council has difficulties in doing this right.

Quite why Merseytravel, Merseyside Fire and Rescue Authority and Merseyside Waste Disposal Authority didn’t have any major difficulties (bearing in mind these are public authorities that from memory have a far smaller budget than Wirral Council), even when one of the documents I requested was an over 800 page £1.2 billion contract with a company to send Merseyside’s rubbish on a train far away and burn it with many redactions scattered through the contract or with a contract with Merseyside Fire and Rescue Authority, that was so big it came on DVD and on paper took up three massive storage boxes (in fact the contract is so large I’ve only been able to publish part of it), I think has to do with the fact that those public authorities have a culture of taking their legal obligations more seriously.

These other public authorities understand a culture of openness and accountability, but Wirral Council can sadly (despite improvements) cling to an insular culture from its past. This culture was in part what led to the events that removed of a previous Labour administration in 2012 and former Leader of the Council Cllr Steve Foulkes.

Wirral Council likes it seems to be downright unusual and not learn from best practice elsewhere how to get better. As detailed above in the question to Councillor Jones, change from practices that shouldn’t happen are promised, but then the changes that have been promised don’t happen.

The public notice for those other authorities (apart from one that didn’t include a name) meant the request went straight to a member of their senior management team.

At Wirral Council that wasn’t the case.

At those other authorities this meant the request got dealt with within or near the timescales as the “instructions came down from on high” .

Fort Perch Rock car park New Brighton 29th June 2015 photo 1
Fort Perch Rock car park New Brighton 29th June 2015 photo 1

I might point out that last year using the same rights under the audit, I published part of a Wirral Council lease with Neptune about car parking in New Brighton that was referred to in the Cabinet decision to U-turn and abandon plans to introduce charges for car parking at Fort Perch Rock.

Wirral Council would seriously try the patience of a saint. Sadly they force me into a position where I have to use arcane legal procedures and involve the external auditor (thus costing Wirral Council more by sadly driving up their external audit costs) to try and get anywhere.

Wirral Council’s Audit and Risk Management Committee meets next week on the 22nd September to discuss the 2014/15 accounts. One of the matters they’ll be discussing formed an earlier story on this blog.

The £6.9 billion Merseyside Pension Fund that Wirral Council manages pays a pension to a close relative of mine so I had better declare that as an interest.

However does anyone have any suggestions as to what I can to ensure Wirral Council does things better?

Or do people already think I’m perfectly capable of answering that one myself?

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How did councillors think Wirral Council should spend £75,000 in Wallasey on road safety, cycling and walking?

How did councillors think Wirral Council should spend £75,000 in Wallasey on road safety, cycling and walking?

How did councillors think Wirral Council should spend £75,000 in Wallasey on road safety, cycling and walking?

                        

Following on from yesterday’s story about a legal change meaning Wirral Council can’t prevent filming at its public meetings any more, the first meeting affected by this was a Working Group of the Wallasey Constituency Committee.

You can watch this entire meeting from beginning to end if you wish, but let’s start at the beginning.

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First here’s a list of who from the Working Group was present:

Conservative councillors
Councillor Bruce Berry
Councillor Chris Blakeley
Councillor Paul Hayes
Councillor Leah Fraser

Community representatives
Ken Harrison
Tony Jones
Brian Higgins

Labour councillors
Councillor Rob Gregson
Councillor Chris Jones
Councillor Adrian Jones
Councillor Matt Daniel
Councillor Anita Leech
Councillor Bernie Mooney
Councillor Janette Williamson

The first item was appointing a Chair (just for this meeting). Unusually nobody from Wirral Council’s legal services was present to advise the Committee, so the committee services officer Andrew Mossop asked for nominations for Chair.

Cllr Janette Williamson proposed Cllr Rob Gregson. Cllr Williamson’s proposal was seconded by Cllr Chris Jones.

Six out of seven Labour councillors voted for Cllr Rob Gregson as Chair.
Four out of four Conservative councillors voted against Cllr Rob Gregson being Chair.

So Cllr Rob Gregson was elected Chair by a vote of 6:4. Who was the Labour “rebel” who didn’t vote for Cllr Rob Gregson as Chair? Well the answer to that was he didn’t vote for himself.

Cllr Rob Gregson said “thank you very much” and wandered over to where the Chair sits and continued his list of thanks which was thankfully shorter than most Oscar acceptance speeches.

He thanked people for attending, he thanked myself and my wife, the councillors & community representatives. Having thanked literally everyone in the room, he then went on to apologies.

Andrew Mossop read out a list of apologies. It was a long list of councillors that couldn’t make it Cllr Pat Hackett (Labour), Cllr Treena Johnson (Labour), Cllr Lesley Rennie (Conservative) and Cllr Steve Williams (Conservative).

Councillor Anita Leech apologised for the absence of Cllr Ron Abbey (Labour). Another Labour councillor apologised for the absence of Cllr Chris Spriggs (Labour). The Council’s website also lists apologies from Keith Raybould (one of the community representatives).

The Chair got his glasses out of his shirt pocket to read what was the next item on the agenda. He asked for declarations of interest? Nobody made any declarations of interest.

The first main agenda item was Integrated Transport Block Capital Programme Funding (2014/15). In case that agenda item title means absolutely nothing to you, it was about how the committee would decide to spend £38,875 on “improving road safety” and £38,875 on promoting active travel & health. The jargon “active travel” if you’re unfamiliar with the term it refers to walking and cycling.

The Chair asked Wirral Council’s road safety manager David Rees to introduce his report. He explained that his report and how officers decided on road safety schemes based on casualty figures. Mr Rees referred to what the money could be spent on, such as vehicle activated signs which had previously been funded by the Area Forums. Another way the money could be spent was on dropped crossings which assisted pedestrians with mobility issues, blind people, those in wheelchairs and mums with prams. The list of schemes already approved by Cabinet under central funding was referred to. He asked for areas that the Committee wished officers to look into and they would find out how much it was likely to cost.

Councillor Leah Fraser spoke first and asked a question and asked what on the list had been dealt with already which was replied to by David Rees. The next councillor to be heard was the mellifluous tones of Councillor Adrian Jones. After a short answer to his question Cllr Adrian Jones explained that he was in a position to understand his own ward (which is Seacombe) but that they had to decide what was best for Wallasey. He explained that each councillor would make a bundle of requests for their own ward which would go to officers, who’d then make recommendations. He said he assumed that David Rees must be frustrated by the process.

David Rees in his answer referred to Department for Transport regulations. Mr Rees said that even with suggestions where there weren’t recorded accidents, there may be broader benefits that officers could see for particular schemes.

Councillor Chris Jones asked about potholes and asked whether some could be done using the extra pothole funding that Wirral Council had received? David Rees explained that he had limited knowledge of the highway maintenance side and that they were keen to sort out the potholes while the weather was good. He said he could ask Caroline Laing to circulate a list to the Committee as to which ones they were looking at sorting out.

Councillor Chris Blakeley said, “OK thanks Chairman, .. I’m aware we’re being filmed tonight” and glanced in the direction of the camera. He said “we all know our own wards” and “at the risk of sounding like a stuck needle” that in the days of the Area Forums, where there were two wards involved that they used to split the money down the middle. He suggested that the money should be split six ways (as there are six wards in Wallasey), so that each ward would get just under £13,000.

The Chair replied to Councillor Chris Blakeley and admitted he was a little confused, but he said the danger was that the more articulate councillors being able to able to describe a minor dint in the road as apocalyptic which would mean such things would be favoured over areas that needed to be looked at.

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4 Lib Dem councillors say “No, no, no” to Councillor Adrian “Father Christmas” Jones over £20,000 lease decision

4 Lib Dem councillors say “No, no, no” to Councillor Adrian “Father Christmas” Jones over £20,000 lease decision

4 Lib Dem councillors say “No, no, no” to Councillor Adrian “Father Christmas” Jones over £20,000 lease decision

                          

Leonora Brace (my wife) and Councillor Adrian Jones (as Father Christmas) in Birkenhead, Christmas 2013
Leonora Brace (my wife) and Councillor Adrian Jones (as Father Christmas) in Birkenhead, Christmas 2013

Liberal Democrat councillors have gathered four of the six signatures needed to “call in” Councillor Adrian Jones’ decision to agree to a £20,000 lease of office space at Birkenhead Fire Station for the Birkenhead Constituency Committee. Birkenhead Fire Station is leased to Merseyside Fire and Rescue Service for the next thirty years. This is because it was built by a private developer under a private finance initiative scheme. Merseyside Fire and Rescue Service have told Wirral Council that the private developer will need £10,000 a year (over the two years of the lease) if Wirral Council were to lease office space in it. If the lease was agreed it would see Wirral Council being responsible for any costs and utilities of the office space on a pro-rata basis.

The four Lib Dem councillors are worried that “no other options have been considered” and express a view that there is available office space in Council owned buildings nearby. The Lib Dem councillors also ask for the criteria for choosing the location and whether it was just office space required or whether there was a requirement for public access too.

Should the Lib Dem councillors gather the six signatures required for a call in by the call in deadline on the 17th June, the decision will be looked at again by a special meeting of the Coordinating Committee. Since its former Chair Councillor Stuart Whittingham became Cabinet Member for Highways and Transport, this committee is now chaired by recently re elected Councillor Moira McLaughlin. As the Coordinating Committee has a majority of Labour councillors on it, even if the Lib Dem councillors get the necessary support for a call-in, Councillor Adrian “Father Christmas” Jones is likely to have the last “ho, ho, ho” on the matter.

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How much will Wirral Council have to pay B&M Retail Limited to settle an outstanding compensation claim?

How much will Wirral Council have to pay B&M Retail Limited to settle an outstanding compensation claim?

How much will Wirral Council have to pay B&M Retail Limited to settle an outstanding compensation claim?

                       

One of the new items added to Wirral Council’s Forward Plan (which will be decided by Wirral Council’s Cabinet in June) is The Wirral Borough Council (Grange Road, Birkenhead) Compulsory Purchase Order 2008 which relates to an outstanding compensation claim.

Although the Forward Plan doesn’t mention it, Cabinet will be asked to accept a recommendation from officers to settle a claim made by B&M Retail Limited arising from the The Wirral Borough Council (Grange Road, Birkenhead) Compulsory Purchase Order 2008.

B & M Retail Limited objected to Wirral Council’s use of compulsory purchase orders to build an Asda in Birkenhead Town Centre which resulted in a planning inquiry. The twenty-four page report of the Planning Inspector Christina Downes into Wirral Council’s use of their compulsory purchase order powers can be read by following that link.

Two of the people at Wirral Council named on the equality impact assessment for the recommendation to June’s Cabinet to settle the compensation claim of B&M Retail Limited will be familiar to those who have read the media coverage about the court case involving the tenants of Fernbank Farm back in January. They are EIA Lead Officer Tony Simpson (line manager for David Dickenson) and Chief Officer David Armstrong. Head of Section Jeannette Royle is also named on the Equality Impact Assessment.

How much the compensation claim of B&M Retail Limited is for is not known, however it is likely to be for a large amount. It is listed as a key decision on the Forward Plan, which means it is either for £500,000+ or is for ten percent or more of the agreed budget for this area. The Cabinet Member for this area is Councillor Adrian Jones (Cabinet Member for Central and Support Services).

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