The list of councillors at Wirral Council that didn’t claim expenses during 2013-14

The list of councillors at Wirral Council that didn’t claim expenses during 2013-14

The list of councillors at Wirral Council that didn’t claim expenses during 2013-14

                                                  

Councillor Chris Blakeley of the Conservatives points out on Twitter that there are many councillors that haven’t claimed expenses (I’m not referring to allowances) in 2013-14 including himself.

He suggests I write a list of those that didn’t claim expenses in the 2013-14 period.

Here it is compiled from this list here (although some are now as this last financial year ended in April former councillors): Councillors Abbey, Blakeley, Eddie Boult, Brighouse, Brightmore, Clements, Cox, Crabtree, Bill Davies, Dodd, Doughty, Ellis, Foulkes, Fraser, Gilchrist, Glasman, Green, Gregson, Hackett, Harney, Hayes, Andrew Hodson, Kathy Hodson, Johnston, Adrian Jones, Chris Jones, Kearney, Leech, Lewis, Meaden, Mitchell, Mountney, Muspratt, Niblock, Norbury, Patrick, Realey, Rennie Roberts, Rowlands, Walter Smith, Stapleton, Sullivan, Sykes, Walsh, Watt, Steve Williams, KJ Williams and Williamson.

Obviously the money that these people could have claimed (but didn’t) could be used for providing the services the Wirral people expect of a local Council. Using the councillors that did claim as a guide to amounts as to what this hypothetical amount could be, it represents a saving of about £13,700.

The list linked to above shows the allowances councillors get and let’s face it there are not many people that get paid a mileage allowance to travel from home to their place of work. Yes, being a politician isn’t a “job”, it’s an office, but after the MP expenses scandal broke a few years ago I was surprised so many at Wirral Council were still claiming expenses at all.

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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 did Councillor Foulkes get the nickname ‘Mad Max’? & ‘Infamy! Infamy! They’ve all got it in for me!’

How did Councillor Foulkes get the nickname ‘Mad Max’? & ‘Infamy! Infamy! They’ve all got it in for me!”

How did Councillor Foulkes get the nickname ‘Mad Max’? & ‘Infamy! Infamy! They’ve all got it in for me!”

                             

Continues from Mayor of Wirral Cllr Mitchell “I’m like a good quality pair of curtains, I like to pull myself together very quickly”.

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COUNCILLOR PHIL DAVIES
Mr Mayor, yes, I move that Councillor Steve Foulkes be elected Civic Mayor of the Metropolitan Borough of Wirral and Mr Mayor, I’m delighted to be here at this wonderful venue to propose Steve Foulkes for the office of Mayor because he is someone that has come from a very humble background to become as he will tonight the first citizen of the Borough and I believe Steve will set an example to all those who aspire to get on in life whatever their standing.

Steve was born in a council house in Upper Brassey Street in the North End of Birkenhead in 1958. He was the youngest of eight children. Steve came from a poor but loving household. His father was a postman, according to Steve although it didn’t pay well it was better than walking the streets and his mother, his mother was a housewife.

Times were hard, Steve says the family could never afford to go on holiday and he remembers the time that his mum had to put his dad’s overcoat into the pawnbrokers to get money to feed the family.

After attending Laird Street Primary School, Steve went to Grange Secondary Modern, which then became Birkenhead Institute. Steve tells me he’s never forgiven his ward colleague Councillor George Davies, because it was George as Chair of the Housing Committee who made the decision to demolish the BI to make way for new housing on this site.

At Birkenhead Institute Steve experienced the first hand benefits of a good comprehensive education, emerging with nine good O’levels as they were then in 1974. Steve then decided to enter the world of work and it’s interesting to contrast the prospects for young people leaving school had in 1974 compared with now because Steve tells me that within a relatively short period of time he had no less than twenty-two job interviews lined up.

He took the first job he was offered which was quality control technician at Spillers Foods on the dock road. From there he went to work at Prices or Uniqema Chemicals as they were later known and in 1983 he started work with Unilver Research where he been ever since occupying various technical roles producing fabric conditioners, soaps and other personal care products.

Politics has been an interest of Steve’s for many years. Steve remembers chasing after people with tannoys during election campaigns when he was a boy. Steve has been a member of the trade union USDAW for thirty-five years and joined the Labour Party when he was just twenty-one. A large part of Steve’s motivation for becoming involved in politics has been a passion to help people from poorer communities like the one he grew up in, to overcome the many barriers they face to achieve their dreams and ambitions.

Steve was elected to Wirral Council in 1990 and has represented Claughton ward ever since then. He’s occupied many roles including Leader, Deputy Leader, Chief Whip and has served on numerous committees including the Police Authority, Waste Authority, he was Chair of the Planning Committee, he’s been Vice-Chair of the Social Services Committee and Chair of Personnel. Steve is currently a member of Merseytravel and a director of Magenta Living housing association.

Steve’s had many interests, various interests besides politics. He tells me he was a keen boy scout and appeared in a Gang Show in 1970 at Gladstone Hall in 1970 where he played Cleopatra, his first stage role. He remembers his opening line in that production to this day and that was “Bless me, it’s Mr. Whippy” as a man with a whip passed in front on him. I’m told he’s been waiting for a chance to deliver this line ever since, but I’m not sure the mayoralty is the best setting Steve for this line.


Kenneth Williams in Carry on Cleo “Infamy! Infamy! They’ve all got in for me!”

Steve was also a keen amateur footballer, he was a mean left back and his nickname was Mad Max as he used to take no prisoners when going in for tackles. In the late 1980s Steve went on to manage an amateur team, Heather Brow, who played in Wirral’s Sunday League and in the three years he was a manager the team won a league and cup double. As he enters his mayoral year I know Steve is hoping for similar success will come to his other great football love Everton FC and as Evertonians we live in hope.

Finally I must mention Steve’s other great, I hesistate to call them talents. The first is his absolutely encyclopaedic memory for extremely bad jokes. I was going to reel some of them off tonight, then I suddenly realised probably most of his speech is made up of his jokes so I’d probably better not.

He’s also got two other, I was his deputy for twelve years so I know these things, he’s got two other very unique talents which not many people know about. One is the ablity to play the tune popcorn on his teeth, with a pen or pencil and he does an uncanny impression of the noise of the submarine in the 1960s series Voyage to the Bottom of the Sea. I’m not sure Steve whether these skills will come in handy in your mayoral year but we’ll have to watch this space. So Mr. Mayor in closing I am proud to call Steve a friend, as well as a colleague. The Steve Foulkes I know is a kind and considerate person.

He has given twenty-four years of loyal service to Wirral Council. He’s been through some difficult times personally but he’s always maintained a sense of humour and his determination to do his absolute best to improve the lives of the people he represents and particularly those less fortunate than himself.

Mr Mayor, Steve and his consort Elaine are an excellent team and I know they will be fantastic ambassadors for Wirral and all of our residents. So, Mr Mayor it gives me great pleasure to move that Councillor Steve Foulkes be elected Civic Mayor of the Metropolitan Borough of the Wirral. Thank you.

MAYOR OF WIRRAL COUNCILLOR DAVE MITCHELL
Thank you, is there a seconder for this?

COUNCILLOR PHIL GILCHRIST
Thank you Mr Mayor. I rise to undertake that role this evening. Having regard to the duties and functions of the Mayor as set out in the constitution and I’m confident that as it’s set out where the Mayor will allow different opinions to be fully and fairly presented and debated, then I look forward to that being carried out this year in that spirit.

MAYOR OF WIRRAL COUNCILLOR DAVE MITCHELL
Excellent, are there any other nominations? No? Then we’ll go to the vote. All those in favour please show. All those against. Sorry apologies, start again. Please I was too quick for our attendants. All those in favour please show. OK. All those against. Any abstentions? Thank you. That is clearly passed. Congratulations. I call on Councillor Foulkes.

Continues at Mayor of Wirral “Councillors suggested that I end up in something long and flowing, some meant the River Mersey”

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How much evidence does there have to be of wrongdoing at Wirral Council before an apology is given?

How much evidence does there have to be of wrongdoing at Wirral Council before an apology is given?

How much evidence does there have to be of wrongdoing at Wirral Council before an apology is given?

                            

In late May of 2011 Simon Holbrook wrote an email to Councillor Pat Williams (in her capacity as Birkenhead Liberal Democrat Chair) and Councillor Alan Brighouse (in his capacity as Birkenhead Liberal Democrat Secretary) to their Wirral Council email addresses. What that email said (despite having a court order for the email to be produced to me from Deputy District Judge Ireland granted in the Birkenhead County Court the next year) is unknown to me as it was never shared with me.

What I do know was that based on the contents of this email (that was never shared with me), Councillor Pat Williams and former Councillor Ann Bridson proposed and seconded my suspension from the Liberal Democrats at a meeting of the Birkenhead Liberal Democrat Constituency Executive based on its contents in early June 2011. The next day (4th June 2011) I made a subject access request exercising a right I have under s.7 of the Data Protection Act 1998 for “a copy of the complaint made against me by Simon Holbrook”.

The constitution of the Liberal Democrats stated (and still does) state

“7.9 When the grounds cited in the charge are those specified under Article 2.6 (a), (b) or (d), the Disciplinary Procedure may proceed as follows:

(iii) The original complaint, the charge, copies of any written statements obtained and details of the Disciplinary Meeting shall be provided to the person being complained against and to all members of the Disciplinary Meeting not later than four weeks before the date of that meeting. ”

and

7.3 “If the procedure is not completed within that time, then the suspension shall automatically cease unless an extension of time is granted by the English Appeals Panel in accordance with its procedures. The person being complained against shall be notified of the suspension and the reasons for it.”

When it came to the disciplinary meeting fourteen weeks later in early September 2011, the original complaint had not been shared with me within the ten week time limit. The forty day limit to respond to my subject access request had passed. I’d written a further letter giving an extra fourteen days to share with me the original complaint otherwise I would sue, that too had passed.

By the date of the disciplinary meeting I was in the frankly ridiculous situation of having been suspended based on a complaint that had never been shared with me (and which I’d sued both the local party and the party nationally to get a copy of) and basically stated that because of this abuse of process the constitution said that because this mandatory requirement of the constitution hadn’t been followed that the suspension had therefore automatically expired and the disciplinary panel therefore didn’t have the power to reach a decision.

The disciplinary meeting made up of Roy Wood (who later stood against me as the candidate in Bidston & St. James the next year), Anna Blumenthal (the Birkenhead Liberal Democrat President at the time since deceased), Allan Brame, Cllr Mark Clayton and some member from Ellesmere Port I forget the name of didn’t see it that way and decided to punish me by deciding that I wouldn’t be allowed to be a Lib Dem candidate in any public election or hold office within the party for five years. This decision could then be appealed within a month to the English Appeals Panel (which I did).

However the English Appeals Panel told me they couldn’t accept the appeal as I didn’t have the original complaint made against me!

The next year in April 2012 (after an unsuccessful attempt in October 2012 by the Liberal Democrats to switch the two defendants in the case to a former Chief Executive of theirs called Chris Fox) there was a hearing in the Birkenhead County Court in front of Deputy District Judge Ireland. One of the two defendants was Councillor Alan Brighouse on behalf of the Liberal Democrats. Roy Wood also turned up to help him. There was nobody appearing for the other defendant which was Liberal Democrats (the Federal Party) on behalf of Liberal Democrats (that defendant was the Lib Dem headquarters down in London who had also ignored the subject access request).

Deputy District Judge Ireland agreed with me that s.7 of the Data Protection Act 1998 that Councillor Alan Brighouse on behalf of the Birkenhead Liberal Democrats and Liberal Democrats (the Federal Party) on behalf of the Liberal Democrats had failed to comply with my subject access request made the previous year in contravention of s.7 of the Data Protection Act 1998. She granted me a court order ordering the two defendants to comply with the request.

On May 25th 2012, after mentioning to Councillor Alan Brighouse at the local election count on the evening of May 3rd or early morning of May 4th Councillor Alan Brighouse wrote me a letter. A copy of his letter is below with a scan of the original handwritten letter.

31 Grosvenor Road

Oxton

May 25, 2012

Dear John,
Attached is a hard copy of Simon’s initial complaint against you.
As I told you at the election count, I was hoping to find the original e-mail to which it was attached.
I think you are aware that, subsequent to sending the complaint to Pat and myself, Simon modified it, leaving the two items that were eventually considered by the panel.

kind regards,
Alan

letter from Alan Brighouse to John Brace May 2012
Letter from Alan Brighouse to John Brace dated 25 May 2012

So what was Simon Holbrook’s original complaint? My comments are in italics and I link to the relevant documents mentioned.

Appendix – Case against John Brace

1. Smearing of Sitting Councillors

This allegation was withdrawn by him in advance of the disciplinary panel meeting.

In an email to Cllr Gilchrist dated 19 May 2011 at 09:59, John Brace did link the Standards investigation into Cllr Williams’ and Cllr Bridson’s part in the “special charging policy” with that of the recent investigation into the way in which Martin Morton had been treated, despite the fact that these are two totally separate matters.

Cllr Williams and Cllr Bridson are not and were not under investigation with respect to the independent investigation into the alleged bullying of Martin Morton. This investigation, which was instigated by former Cllr Holbrook has now concluded and reported. It never was and never had been a matter for the Standards Board of England.

My email to Cllr Gilchrist dated 19 May 2011 is rather long, however the three sentences referred to here are “Morale in the party is extremely low, the Chair and the Vice-Chair of the local party are currently (according to the Wirral Globe) under investigation on standards grounds following a decision by Wirral Council’s Independent Assessment Panel to refer the matter to Standards for England regarding their roles in the Social Services “special charging policy” and how Martin Morton was treated. This independent report (by now read by councillors but currently exempt) will be published within 2-5 months and will lead to a public discussion of their roles in this saga. Both are likely to be candidates in 2012 and the full reasons how and why they did things will have to be made clear to the public and party in the spirit of openness and accountability if we are to move on.

That email was sent to nine people, seven of whom were councillors. The Wirral Globe article referred to was Town hall blunder: Wrong paperwork sent to local government watchdog inquiry. The Chair of the local party at that time was Cllr Pat Williams and the Vice-Chair former Cllr Ann Bridson. The independent report I was referring to was the Anna Klonowski Associates report published in January 2012. My estimate of it being published between July and October of 2012 was a little optimistic. The key to the individuals mentioned in the Anna Klonowski Associates report shows that “Councillor 1” is Councillor Pat Williams. The decision to commission Anna Klonowski Associates Limited to write her report into “an independent review of the Council’s response to the concerns raised by Mr Martin Morton under the Public Interest Disclosure Act (PIDA), in relation to the application of a Special Charging Policy for Adult Social Care service users at Supported Living Units in Wirral between 1997 and 2006” was made solely by Councillor Jeff Green (the leader of the Conservative Group) when he was Leader of the Council in July 2010.

Simon Holbrook probably thought I was referring in my email to the heavily redacted Martin Smith report (of the North West Employers’ Organisation into “Mr Morton’s allegations of bullying, harassment and abuse of power by Council Officers”.

2. Disclosure of Confidential Information

John Brace did disclose on the Wirral Globe website blog, discussions that took place within the Birkenhead Executive Committee. Meetings of the Birkenhead Executive Lib Dems are internal party matters and therefore as such confidential to members of the Liberal Democrats and not for general publication.

These disclosures resulted in a senior Councillor from outside Birkenhead (Phil Gilchrist) being sufficiently concerned to raise the matter with the Constituency Chair (Cllr Williams).

The comments were made on this Wirral Globe article on the Wirral Globe website “Jubilant Labour leader invites Lib Dems to unite”, my comments were comments 5 (which it seems nobody had a problem with), comment 16 (referred to above), comment 17 (which nobody had a problem with), comment 22 (which nobody seemed to have a problem with) and comment 24 (which nobody had a problem with).

This was what Councillor Phil Gilchrist (before I was suspended) put in an email dated 19th May 2011 sent at 6:47 from philgilchrist@wirral.gov.uk to myself Cllr Pat Williams, Cllr Alan Brighouse, Alan Brame, Cllr Kelly, former Cllr Bridson, Roy Wood, Cllr Tom Harney and Cllr Dave Mitchell about it

“Dear John
Thank you for the detailed comments and background.
I had seen the matters referred to on the Globe website during my trawls for information, following the ‘initiative’ announced by Cllr Foulkes.
I mentioned my concerns to Pat as Chair of Birkenhead. It is not my place to comment on internal arrangements in Birkenhead.
My concern is and was that the detailed information supplied to The Globe covered ‘internal workings’ that were being made public. .
I have no information on the matters you referred to, just a desire that we avoid sending out information which has the potential to be used or misused by others.
I do see that you have mentioned taking on board the points raised .
I am grateful that you appreciate that comments can have an impact on the rest of work.
Phil Gilchrist

This was the only allegation upheld by the disciplinary panel. The disciplinary panel met on 6th September 2011 and in a report sent to me on 28th September 2011 said what is below on the matter.

Sanctions
“The panel felt that revocation of membership was too harsh a penalty for a single transgression on a little read “blog”, although it was made clear that Mr. Brace should not publish anything on behalf of the party in future unless properly authorised.

Under English Party Membership Rules 7.10(ii) – that John Brace be barred from any elected office in the party for a period of five years.

Under English Party Membership Rules 7.10(iii) – that John Brace be barred from seeking any elected public office for the party for a period of five years.

This was the unanimous view of the panel.

The Panel expressed their concern about the organisation of Wirral’s selection procedures and felt that the problems should be addressed and resolved.”

In summary then, the disciplinary panel report found that I had been right that candidate selection hadn’t been done according to the party’s constitution and therefore agreed with my version of events but chose to punish me for making it public.

3. Making False Allegations in Public

The matters disclosed in point 2 above questioned the eligibility of Simon Holbrook to have stood as the Lib Dem Candidate in Prenton at the recent local elections. John Brace also questioned the appropriate of Cllr Ann Bridson signing Simon Holbrook’s nomination papers. The allegation is that there was a denial of the democratic process to Birkenhead Party members.

The same blog also contains a statement insulting to all Wirral Lib Dem Councillors which said that when Simon Holbrook says “do something, unfortunately his councillors do it.”

This was withdrawn by Simon Holbrook prior to the disciplinary panel meeting. However as mentioned earlier the disciplinary panel report stated “The Panel expressed their concern about the organisation of Wirral’s selection procedures and felt that the problems should be addressed and resolved.” The second part is a partial quote. The whole quote is “However when Simon Says do something, unfortunately his councillors do it.” which was comment sixteen if you follow that link.

4. Making an Unsubstantiated Allegation of a Complaint

In an email to Cllr Pat Williams dated 19 May 2011 at 00:05, John Brace did allege that former Cllr Simon Holbrook had made a complaint about his conduct, when no such complaint had been made.

In the same email, he made reference to Simon Holbrook’s personal statement that he will not seek elected office in 2012 and concentrate on his professional career and seeks to link that with his own on website blogs with no factual justification.

This allegation was withdrawn by Simon Holbrook prior to the disciplinary meeting.

The email referred to stated “Although I have not been made aware of who is making this complaint, I suspect it is from the former constituency exec member and Prenton candidate Simon Holbrook as that was who my comment mainly related to.”

In other words I didn’t allege he had made a complaint about me I just stated that I suspected he had. At this point I hadn’t been made aware of who was making a complaint to Cllr Pat Williams, but as the complaint was about a comment I’d made about Simon Holbrook I suspected that he was the one who had made the complaint (which is ironic as within a fortnight he went onto make the long complaint that this blog post is about).

The other reference referred to in the email was this “Simon Holbrook (issued by a press release on the Lib Dem website) has stated he will not to stand as a candidate in 2012 and is to concentrate on his Environment Agency. I do not know whether this is connected with my comments made or not. That is his personal choice to make.”

The press release was on the Wirral Lib Dem website and is copied below.

MEDIA RELEASE

Issued by: Simon Holbrook
Date of Issue: May 9th 2011

Statement by Simon Holbrook

“I would like to take this opportunity to thank the many people, council officers, political friends and foes alike, who I have worked with and who have helped me during my 12 years as a Wirral Councillor.

“I am proud to have served as Councillor for Prenton Ward, and thank the many local residents who have supported me and the Liberal Democrats during this time. I would particularly like to thank those people who have stuck with the Liberal Democrats as we have attempted to do difficult things in difficult times.

“For most of my time, Wirral has been a Council where political parties have had to work together to get things done. As Group Leader, I always sought to apply Liberal Democrat influence in the best interests of Wirral people. The past four years have been particularly challenging as a coalition partner to both the other Parties. I am particularly proud of the fact that, during the past 12 months, we have responded to the most difficult financial conditions ever put onto local government, without making the types of cuts made by other councils, protecting front line services and no compulsory redundancies.

“Whilst I shall remain active in politics locally, I now intend to concentrate on my professional career within the Environment Agency. I will therefore not be seeking election in 2012, but do hope to return to frontline politics at some point in the future.

“I pass on my sincere best wishes to all members of Wirral Council in the difficult task that I know still lies ahead of them.”

The most curious bit about part 4 of the complaint are the dates and the timing. Councillor Alan Brighouse deputised for Councillor Pat Williams at a public meeting of Wirral Council’s Children and Young People Overview and Scrutiny Committee on the evening of June 1st 2011. After this meeting finished, he told me in the car park of Wallasey Town Hall that Simon Holbrook had emailed him and Cllr Pat Williams with a compliant about me at some point in the days prior to June 1st 2011. The court order granted by Deputy District Judge Ireland in April 2012 was for this original complaint and email (which had to have been sent prior to June 1st 2011). However part 4 of Simon Holbrook’s complaint refers to something that didn’t happen until the evening of the 3rd June 2011 (which seems impossible). Simon Holbrook writes “In the same email, he made reference to Simon Holbrook’s personal statement that he will not seek elected office in 2012 and concentrate on his professional career and seeks to link that with his own on website blogs with no factual justification.” which is a clear reference to this blog post Birkenhead Liberal Democrat Party Constituency Executive Suspends John Brace and the quote which first appears on it when it was first published on the evening of 3rd June 2011 (it has later had a few revisions) which originally stated “Well, I’ve been suspended from the Liberal Democrat Party following a complaint by Simon Holbrook. I can’t say much more than that (obviously) as contrary to the complaints procedure I haven’t been provided with a copy of the complaint. Having written that, if he is concentrating on his career in the Environment Agency he’s showing a funny way of doing it!”

5. Seeking to Attend a Civic Function without an Invitation

That together with Leonora Brace, John Brace did seek to attend the celebration party following the Mayor Making ceremony despite not having received an invitation to the event. When challenged, John Brace did inappropriately attempt to claim that his possession of a ‘Press Card’ entitled him to attend this invitation only civic function.

Note: John and Leonora Brace did attend part 1 of the Annual Council meeting from the public gallery, which they are entitled to do so.

This allegation was withdrawn by Simon Holbrook prior to the disciplinary panel meeting. It’s untrue and probably so for a number of reasons which I will state here. Part 1 of the Annual Council meeting has been held every year prior to May 2011 for as long as anyone can remember in the Civic Hall at Wallasey Town Hall. There is a gallery above the Civic Hall but in the time period referred to by Simon Holbrook nobody was permitted to be in it as it was classed as “unsafe”. It’s only in more recent years when I’ve been filming the Annual Council meeting that I’ve been in the public gallery in the Civic Hall as Council employees insist I couldn’t film anywhere else as it was a “fire hazard”.

I will state a few things here that also will show that I wouldn’t want to attend a celebration party. I have a diagnosed special dietary requirement (a fact that is probably unknown to Simon Holbrook) called lactose intolerance. I have to follow a gluten-free and dairy free diet. Therefore anything that would be available to eat at a “celebration party” I wouldn’t be able to anyway. In fact I can categorically state that I’ve never gatecrashed a celebration party following part 1 of an Annual Council meeting.

However part 1 of the Annual Council meeting is a public meeting (as pointed out in the complaint), the public have a right in law to be there. I do remember one year someone (probably working for the Mayor’s office) asking me for my invitation on the way in to the Annual Council meeting in the Civic Hall and I pointed out to this person it was a public meeting, that I didn’t need an invitation and had a right in law to be there as it was a public meeting. I was then asked what I was planning to do at the end of the Annual Council meeting to which I answered I would be leaving (which I did). If memory serves me correct about what happened the same person came over to me again once the meeting had finished and people were leaving and asked us again if I were leaving (this happened near the stairs just outside the Round Room). I explained that as my wife has mobility problems I would be helping her down the stairs (she’s claustrophobic when it comes to lifts) and that I was waiting for a sufficient gap in the crowds of people who were milling around in order to do so safely as I was concerned that I didn’t want her to be jostled which would cause her to fall. Quite how this series of events morphed into Simon Holbrook’s spurious, fanciful and totally untrue allegation about what happened I’m not sure.

6. Giving a False Impression of Holding Public Office

In a separate blog John Brace did write -“Although in theory I hold the position of councillor, it’s not with Wirral Council and like the Mayoress of Wirral Mrs Jennings is unelected so am I, as like with the Mayoress it’s to do with who I’m married to.”

This remark appeared in a blog speculating about the future shape of the Council administration. Although its purpose is unclear, it does seek to give credibility to the comments through claiming an association with a public office.

This allegation was withdrawn by Simon Holbrook before the disciplinary panel meeting.

This is the blog post referred to written on 11th May 2011. The whole quote (in context) is

“It’s strange of Cllr. Foulkes and his Labour councillors to pursue a strategy of going after the Lib Dems for five weeks, then be all smiles and wanting our help after Labour have lost control in 2010 and are desperate to get a sniff of power. Admittedly all parties behave like this to varying degrees, the Conservatives saw this coming and have (thankfully) told the public some of the skeletons in the cupboard of the previous Labour administration.

What will happen? It’s up to the ten Wirral Lib Dem councillors to decide. Although some residents think I hold the position of councillor, I do not with Wirral Council. The Mayoress of Wirral Mrs. Jennings is unelected so am I, as like with the Mayoress it’s to do with who I’m married to.”

This was a reference to my wife holding a position on the Council of Elders which governs a reservation where she’s from in Canada. The quote used alleges I am a holder of public office, however if the comment is actually read it shows that although some people may think that, I did not. I am married to Leonora and that is the position she holds.

7. Did Make Allegations in his Blog of Irregularities in the Count

In a blog following the local elections, John Brace claimed that the votes had not been counted properly. He sought to compare the declared result with his own canvass returns to justify his claim that his own votes had not been counted properly. In the same blog, he inappropriately said that a large number of votes in Oxton changed hands on the recount.

This is the blog post referred to. The issues were (as explained in the blog post) to do with errors made at the count. Here’s what I put “No yellow 25s were initially handed out to counters. This was raised by myself as candidate as to why the Lib Dem votes weren’t being counted.”, “The counters soon ran out of 25s so 25s from different parties were used. This meant each candidates’ total was a mixture of colours and instead of using separate trays, one tray was used for Labour, the Conservative and UKIP votes were put in a second tray with the Lib Dem votes hidden from view behind a ballot box.” and “We only have to look at the Oxton recount to see how a large number of votes changed after being recounted.”

This is just a factual account of what happened at the count. The Deputy Returning Officer before he declared the result in Bidston & St. James agreed with me and took some votes off the Labour amount before the result was declared and added them to my total as a compromise as he didn’t want to have to do a recount. The result in Oxton (after a recount) was that Stuart Kelly got 1,918 votes and Matthew Patrick 1,792 (a majority of 126). However the original count of the Oxton votes put Stuart Kelly’s majority as much larger at around two hundred.

8. Making an Unjustified Complaint against a Lib Dem Councillor to the Standards Board of England

John Brace did report Cllr Ann Bridson to the Standards Board over the seating arrangements for members of the public at a meeting of the Health Scrutiny Committee. The complaint was investigated at significant public expenses and was dismissed as unfounded.

The complaint had the potential to be damaging to the reputation of a party colleague, yet at no time did John Brace seek to discuss the matter about which he felt aggrieved with Cllr Bridson, or any other member of the Liberal Democrat Council Group.

Well this is what the disciplinary panel stated in their report “The panel found this not proved.”

Firstly, I have never made a complaint about Councillor Ann Bridson to the Standards Board for England. In fact the law at the time stated only Wirral Council could do that. I did discuss it with Cllr Bridson and Cllr Williams before making the complaint.

However I did make a complaint about former Cllr Bridson to Bill Norman (who was then Monitoring Officer at Wirral Council). This complaint was never referred to the Standards Board for England. The complaint about former Cllr Bridson that was referred to the Standards Board for England was the one made by Martin Morton about her and other councillors. The statement that I didn’t seek to discuss the matter with her before making the complaint is untrue.

From my signed witness statement “21. I did raise with the Chair after the meeting the issues about disability and her Committee had a specific responsibility for these. I did not want the events repeated again at this discussion she said that she was not prepared to listen to arguments from members of the public. 22. I was surprised and shocked by what she said.”

From my wife’s signed witness statement “17. After the meeting they had approached the Chair. She [Leonora Brace] became engaged in conversation with a Councillor close by, while her husband was speaking to the Chair [Ann Bridson] and I did not hear the full conversation. She could hear well enough to know that attitude of the Chair [Ann Bridson] was not good. She [Ann Bridson] was shouting in a loud voice and she [Leonora Brace] heard her [Ann Bridson] say this is “not the time nor the place” for speaking. 18. In Mrs Brace’s creed there is great emphasis put on the need to be polite. The Chair was not being polite.

From Ann Bridson’s signed witness statement “24. John Brace may have approached me at the end of a meeting in the last 7 months, and I may have suggested his enquiry/comment was inappropriate at that time. However really I cannot recall.” and “31. On another issue relating to the course of this complaint and regarding the Liberal Democrat Party, John Brace had emailed the Chair of the Liberal Democrats [Birkenhead] Constituency Committee [Cllr Pat Williams] that he had made a complaint about me under the Council’s standards procedures. The Chair of the [Birkenhead] Constituency Committee had sent that email out to all members of the Executive Committee and at the next meeting when this was made clear to me, I felt obliged to say in front of the Committee that it was not a complaint that related in any sense for example fiddling expenses or an income tax offence.”

The Deputy Monitoring Officer at the time Surjit Tour wrote the covering report about the complaint to the Standards Initial Assessment Panel meeting of 20th December 2010. The detailed report of the ethical standards officer Mr David Swallow was also submitted to the Standards Initial Assessment Panel.

I asked the Chief Executive of Wirral Council Graham Burgess at the public meeting of the Improvement Board in November 2013 a question about how this standards complaint had been handled. A record of the questions and answers of Wirral Council are published on Wirral Council’s website.

My question was:

8. A separate and unrelated complaint about one of the four Councillors referred to above (ref SfE 2010/02) was decided on the 20th December 2010. However the covering report sent to the panel which decided was incorrectly titled “Report of the Monitoring Officer – Case Reference 2010/03″. This report to the panel also omitted that the original complaint referred to an alleged breach of 6(a) of the Code of Conduct. As an apology was given for an administrative error to the complainant referred to in question 5, will an apology for this administrative error be given to the complainants of complaint reference SfE 2010/02 and the subject of the complaint?

The answer of Wirral Council is perhaps typical of what would be termed “spin”. Other people may comment that it goes further than that.

This is the answer “The administrative error was that the number 3 was put into the complaint reference instead of number 2. The complaint, relating to an alleged breach of the Code of Conduct was considered by the Standards Committee Initial Assessment Panel which concluded that no action should be taken as there was no evidence to support the allegations. The minor typographical error had no detrimental impact on the complainant as all of the content was correct and considered, and as the panel found no evidence of wrongdoing it would not be appropriate to issue an apology.”

Firstly it was allegations of breaches of the Code of Conduct not “an alleged breach of the Code of Conduct”. If I remember correctly about what was in the decision notice, the Standards Committee Initial Assessment Panel accepted the recommendations of the ethical standards officer David Swallow. The ethical standards officer stated in his report that the sections of the Code of Conduct alleged to have been broken were

“3. (1) You must treat others with respect.

5. You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or Authority into disrepute.

6. You (a) must not use or attempt to use your position as a Member improperly to confer on or secure for yourself or any other person, an advantage or disadvantage”

However Surjit Tour’s covering report just mentioned the following two:

“5.1 The relevant parts of the Code in relation to this complaint are:

Paragraphs:

3. (1) You must treat others with respect.

5. You must not conduct yourself in a manner which could reasonably be regarded as bringing your office or authority into disrepute.”

The Standards Initial Assessment Panel accepted the three recommendations in the ethical standard officer’s report which were:

“10 My Recommendations are that
10.1 The finding that there has been no breach of the Code be accepted;
10.2 No further action be taken in respect of this matter and the case be closed
10.3 As to general issues maybe highlighted by this matter, some consideration be given to the issues raised in this Report as to the facilities made available to those with disabilities in attending meetings of the Committees – eg positioning of the water machine; reservation of seats for those with disabilities.”

The statement by the Chief Executive that “no action should be taken as there was no evidence to support the allegations” is therefore ludicrous as one of the recommendations (10.3) agreed by the Standards Initial Assessment Panel was that consideration should be given to the issues raised in this report.

At the public meeting of the Transformation and Resources Policy and Performance Committee last Monday Councillor Phil Gilchrist complained that he couldn’t hear what was going on because of the noise of the tea/coffee machine and asked for it to be turned off. So recommendation 10.3 was never actually put into action. The Chief Executive’s assertion that “all of the content was correct and considered” is untrue due to Surjit Tour’s admission. As to “no evidence of wrongdoing”, there’s plenty of evidence (see above) but when it comes to allegations of disability discrimination involving Wirral Council, well due to the culture no-one is ever found to be accountable however much evidence there is are they?

P.S. You may well say, well you can’t do this John, what about s. 63 of the Local Government Act 2000 which makes disclosure of the above in relations to a standards complaint a criminal offence? Well as regulation 5(d) of The Localism Act 2011 (Commencement No. 6 and Transitional, Savings and Transitory Provisions) Order 2012 meant that part 5, schedule 25 of the Localism Act 2011 had the force of law from the 1st July 2012. Part 5, schedule 25 of the Localism Act 2011 repeals sections 56A to 67 of the Local Government Act 2000.

This also means (despite the legal advice the Standards Committee has been given in the past) that there is no reason in law why previous reports about standards complaints about other Wirral Council councillors can’t be released to the public.

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Councillor Adam Sykes wants Wirral Council to “be a guiding light for freedom of information for other councils”

Councillor Adam Sykes wants Wirral Council to “be a guiding light for freedom of information for other councils”

Councillor Adam Sykes wants Wirral Council to “be a guiding light for freedom of information for other councils”

                        

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Video of Wirral Council’s Transformation and Resources Policy and Performance meeting of the 14th April 2014. The item on the Freedom of Information Scrutiny Review starts at 1:53

The covering report for this item and the final report of the scrutiny review can be downloaded from Wirral Council’s website.

Below is a transcript of this item as it didn’t attract much discussion.

COUNCILLOR STUART WITTINGHAM
This is the final report, despite having draft as an imprint. I’m sure that when, if this evening agrees, this report goes to Cabinet the draft will be removed. I’d like to invite Adam if you want to introduce this item.

COUNCILLOR ADAM SYKES
Thank you Chair. Building on what’s on page twenty-seven in my opening statement basically we took upon this review as the Council had been under monitoring action from the Information Commissioner and had already improved its result on FOI to over 85%.

We didn’t want to merely reach the baseline, we wanted to exceed this figure and be a guiding light for FOI for other councils. So taking on various strands of the whole process, how actually it goes through the system to how we can improve items coming in, how they’re managed once they’re here and also how we can reduce the number of requests in the first place because obviously the actual costs of these FOI requests are quite significant.

It’s quite shocking actually well when you see how much we’ve spent on a weekly basis on FOI requests that could be better spent elsewhere in the Council. So, I don’t know whether I need to go into much more detail as the recommendations are all in the pack. Obviously we’re happy taking any questions, I’m sure the other members of the group are.

I’d just like to conclude by thanking the officers for their time in the you know producing the report, Jane Corrin, Surjit and also support from the scrutiny officer Mike and it was really very helpful and an interesting review to be part of.

COUNCILLOR STUART WITTINGHAM (CHAIR)
Thank you very much. Christina, do you have anything to add?

COUNCILLOR CHRISTINA MUSPRATT
Just apologies for being late.

COUNCILLOR STUART WITTINGHAM (CHAIR)
OK, I’d like to thank Adam and thanks to the officers for this overview and scrutiny review and thank both yourself and Christina for what I really think is a …

COUNCILLOR ANDREW HODSON (CONSERVATIVE SPOKESPERSON)
I was going to say members of the committee were told by the effective leader of yourself, Christina and Adam of all the work you’ve put in on this, but obviously if you wasn’t aware of … so very good.

COUNCILLOR STUART WITTINGHAM (CHAIR)
Yes, thank you. Right, Phil?

COUNCILLOR PHIL GILCHRIST (LIBERAL DEMOCRAT SPOKESPERSON)
Could I say that I welcome the sort of crisp and concise way that the report was written and the recommendations but might I asking while Mr. Blott’s beaming at the moment, through you Chair, whether we can perhaps have a bit of advice on what can be done with the search facility on the website. The work the Committee sought was to try and reduce requests that could be answered in any other way and clearly when I try and find things searching it always says “are you sure you’ve spelt it right?” which is about the only guidance the website gives us.

I wondered if officers rather perhaps than note the use and power of that, whilst we were noting perhaps they could give advice on how it could be progressed elsewhere and what sort of timescale.

JOE BLOTT (STRATEGIC DIRECTOR FOR TRANSFORMATION AND RESOURCES)
Yeah, thank you Chair. Thanks very much indeed, I think a couple of comments on that. Certainly in terms of a response to the particular question from Councillor Gilchrist. Yeah, certainly as part of our overarching improvements to public access and our customer channels, anything we can do to improve, that that possibility will do so. In terms of timeliness of that, we are looking, we have launched the intranet as we know at the turn of this year, so that’s been reviewed and we are about to embark on a change to the internet access points as well. So I think your point’s well made.

It’s well timed and everything within a very short space of time we’ll be able to improve on that I think and anything we can do to improve the search arrangements in terms of behind our ICT program build we’ll certainly do that. Perhaps we could, if I can, if we note that as part of a minute item which we pick up in June to see where our business is up to.

COUNCILLOR STUART WITTINGHAM (CHAIR)
Any other comments?

JOE BLOTT (STRATEGIC DIRECTOR FOR TRANSFORMATION AND RESOURCES)
Thanks Chair, just if I may. They’re contained within the report anyway but I think it really does strike me as a really positive approach for the policy and performance committees to drill down into such matters and I think that from an officer perspective, to receive the balanced report is really encouraging. I think more than anything else it demonstrates progress that we had taken. I think it demonstrates progress that we were taking in advance of the ICO’s intervention, nevertheless quite clearly we were duty bound to follow that and I think it is important to see both in terms of context which I think is helpful on page nineteen in terms of the numbers of requests we get, but in terms of page eighteen in terms of how we responded to those requests but I guess as the report sets out it’s really important that this is a journey that we’re on here and we haven’t reached our end game yet.

The end game is the consistency of response times to the FOI requests that links heavily into Councillor Gilchrist’s point that the more information we can provide upfront, then hopefully less number of FOIs we’ll have to deal with which equally comes back to the Chair’s comments around the costs of FOI enquiries which are extremely high and I was quite sure in the briefing that we can use the resources to greater effect in terms of impact on service users and our residents.

So certainly from an officer perspective regarding the report, happy to again as an officer to accept all the recommendations and ensure they will see due progress over the coming months.

COUNCILLOR STUART WITTINGHAM (CHAIR)
Thank you Joe, Surjit do you have anything to add?

SURJIT TOUR
No.

COUNCILLOR STUART WITTINGHAM (CHAIR)
OK, anyone else got any further comments or questions? OK, I’ll move onto the recommendations. 4.1 agreed? It’s on page ten. 4.1 the Committee is asked to note the contents of the report. Agreed?

COUNCILLORS
Agreed.

COUNCILLOR STUART WITTINGHAM (CHAIR)
OK, at 4.2 we’re requested to consider whether or not we wish to refer the report to Cabinet. I suggest that we do, is that agreed?

COUNCILLORS
Agreed.

COUNCILLOR STUART WITTINGHAM (CHAIR)
Thank you.

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