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

Mayor of Wirral Cllr Foulkes “Cllrs suggested that I end up in something long and flowing, some meant the R. Mersey”

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

                         

Left to right newly elected Mayor of Wirral Councillor Steve Foulkes, former Mayor of Wirral Councillor Dave Mitchell
Left to right newly elected Mayor of Wirral Councillor Steve Foulkes, former Mayor of Wirral Councillor Dave Mitchell

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

Once the new Mayor of Wirral Council Councillor Steve Foulkes returned and he made his declaration of acceptance of office, he made a speech the first part of which is below.

MAYOR OF WIRRAL COUNCILLOR STEVE FOULKES
Right, I’ll probably use the microphone. OK, I’m awful sorry, hang on, I’m doing that. Please be seated. It works!

Well I’d just like to say that there are many, many councillors and this is a tribute to former Mayors particularly Gerry Ellis who’s given me this opening gambit which was when some councillors suggested that I end up in something long and flowing, some meant the River Mersey and not the Mayor’s robes and that’s my tribute to Gerry, to Gerry’s.

Before I do make my acceptance speech though, I think I must place on record my gratitude and thanks to Dave and Sue for the friendship that they’ve given me in the last thirteen months, the guidance and just the thoroughly fantastic job they have done on behalf of the people of Wirral. They’ve been an absolute credit to themselves and the Borough so let’s hear it for them.

It would be a really hard act to follow, but I think you’ve earned a good long rest, so have a good rest and a good holiday and enjoy. I’ll also pass on my condolences to Kate Wood’s family and I will be attending Kate’s funeral on Wednesday, a sad way to start the evening however.

I will accept the office and I’d have loved a unanimous vote and I’ve accepted office on a majority vote and I’ve lost office, quite sadly at times, on a majority vote. So I will be accepting the office tonight.

I’d like to thank my group, my leader Phil for the nomination and a fantastic speech he gave, if not a little too revealing about my former name as Mad Max. That won’t go down very well, but we’d asked for an in depth interview and we got one, so thank you very much.

I’d really like to place on record now while I’ve got the chance is my employer Unilever. They’ve been very supportive of me over a number of years as a politician. As a community minded company they have been really supportive and I have to place on record thanks to them.

I’d like to say a special thanks, this is the second time George gets a mention tonight. I came into politics as George’s agent when we won Claughton and he’s been a real close friend ever since. In fact I refer to him as my other brother sometimes and we’ve been that close at times and he’s been a stalwart. My other ward colleague Denise Roberts, who has really been great and supportive to us and more importantly and that’s what it’s all about is the people of Claughton who have voted for me on a regular basis and have returned me to office over twenty-four years. I’d like to thank them.

So what a really great venue for this what to me is a very special occasion of course but it is a special occasion for the people of Wirral. A great venue and a new look New Brighton. This is at the heart of New Brighton and a development that was done and developed and delivered in the teeth of a recession and I think it just shows what Wirral people can do, what Wirral Council can do if it is of one mind, if it has a vision, if it has a cause. Just go out there tonight if you get a chance, in the early evening and see how much we’ve achieved in those circumstances bringing new life and new jobs I hope we can do more of that in future.

Actually we were quite lucky to get in here tonight. I don’t know whether you noticed the sign or not on the way in, clairvoyant’s evening cancelled due to unforeseen circumstances. I don’t know whether anybody spotted that on their way in. You’ve heard a little bit about my background and you know it is character building and I do hope when we get out there and talk to people I will describe how poor we were. We were poor and I’m not ashamed of that. In fact we were so poor that all our clothes had to be bought from the Army and Navy surplus store. You know it’s tough, you try going to school dressed as a Japanese Rear Admiral.

I can tell you it’s not easy and there was a big family you know, we had to scrap over food and things like that and actually my real name should’ve been Tuesday because when I was born Dad looked at Mum and said ‘let’s call it a day love’. Actually Elaine jokes because I haven’t got a middle name. Elaine jokes and says you know by the time I was born she’d run out of names so they couldn’t give me a middle name.

Well as Phil said, our council house which I’m always grateful for, a little bit crowded but loving and this is where I go a bit errm. Not a day passes really you know I don’t think about my Mum and Dad, Eric and Gladys and I just hope that they are really, really proud of what I’ve achieved and what I’ve done today and I miss them. Not a day goes by without a thought for them but that’s my emotional bit over with I suppose.

Right, my Mayoress, my Mayoress will be my beautiful fiancee Elaine who I love dearly and dearly being the operative word because the cost of her last outfit I tell you! It’s utterly amazing but a few years for me have been tough, there’s no doubt about it, politically you put your head above the parapet, times get tough and it has felt like I’ve been besieged at times and I actually don’t think I could have coped with those tough years without Elaine by my side and I thank her very much for that.

Elaine’s a hard working mum, with two lovely children Jack and Molly, you’ve seen Molly already, who have become my best mates during difficult times. They’ve shown maturity in themselves and a friendship to me that is a credit to them and should be an example to everybody in this room. I’ve got to give Jack a special mention, he’s chomping at the bit to go because he’s got two A-levels tomorrow and he really wants to get on and revise. He’s taken time out and good luck tomorrow mate with everything and those exams.

If you haven’t heard, if you haven’t heard, it’s open news now. Me and Elaine have named a date. We’re going to get married on August 17th 2015, ok? I’m sorry Councillor Blakeley, but the best man’s job has already been allocated. So after our Mayoral year, we will be married and what an exciting year it promises to be. The return of the Open and the International Business Festival just for two as an example of this Borough with a real chance, a real opportunity to promote itself and put its best foot forward.

Mayors are supposed to sort of pick themes. I’ve had a little think about what we should be doing. So as Mayor I’ve selected one theme which is ‘Wirral a place to do business’. We can’t latch on to the Golf Open and all the other investment that’s going on. At last we will see some work taking place on the Twelve Quays site. If this is not the greatest opportunity we’ve ever had to entice new business into the Borough I don’t know what it is, so the Mayor’s Office, including the Deputy we will be there, ready, willing and able to meet, greet, do whatever is necessary to entice businesses into this Borough. That’s a pledge I will make as part of the year.

The other sort of theme is ‘councillors count’ and what does that mean? Some can’t count, but councillors count, in a, I know when we had the electronic voting we certainly couldn’t count but I remember, I’ve always thought that no one ever speaks up for councillors. You know they’re misunderstood, maligned, not really appreciated what they’re doing. Having been in virtually every role that it’s possible to be as a councillor, I do actually think we need someone to just champion them and all it will be as part of the theme of the year is explaining the role, the job they do. Don’t forget what councillors have, they have an electoral mandate which very few people have. They are actually able to speak with authority for the very diverse communities we have on the Borough. So I will be championing the role of councillor as best as I can during that year and the last theme is a very simple one it’s just about saying thank you.

Continues at Mayor of Wirral “The Mayor’s Special Charity Fund has been supporting good causes for over forty years”.

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

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

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

                          

Left to right newly elected Mayor of Wirral Councillor Steve Foulkes, former Mayor of Wirral Councillor Dave Mitchell
Left to right newly elected Mayor of Wirral Councillor Steve Foulkes, former Mayor of Wirral Councillor Dave Mitchell

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There were plenty of interesting things said at the Annual Meeting of Wirral Council held at the Floral Pavilion. The Wirral Globe article and Liverpool Echo both concentrate on the voting by councillors on Councillor Steve Foulkes’ nomination for Mayor by the Cabinet.

Below is a transcript starting at the start of the meeting.

CIVIC MAYOR’S ATTENDANT
High Sheriff, ladies and gentlemen, will you please be upstanding for the Mayor of Wirral Councillor Dave Mitchell?

MAYOR OF WIRRAL COUNCILLOR DAVE MITCHELL
Please be seated, thank you.

As part of the agenda for tonight’s meeting, are there any declarations of interest?

Are there any apologies for absence?

COUNCILLOR BILL DAVIES
Yes, Mr Mayor. Two apologies for absence, Councillor ??? and Councillor ??? ???.

MAYOR OF WIRRAL COUNCILLOR DAVE MITCHELL
Thank you for that. The first business is the election of the Mayor. I’ve preempted myself, I’m awfully sorry. This is, it’s a year and a little bit since I’ve started my Mayoralty and we’ve changed the constitution, literally thinking thirty years being a councillor I’ll be able to do this, it’s going to be easy but well the Council has decided to change the way we organise and do things. So, I’ll move on. Move on again. It is. Thank you.

I will now ask the assembled Members and visitors to join me in standing and holding a minutes silence in memory of late Alderman Councillor Kate Wood. I’d like everybody to stand.

Thank you very much indeed, please be seated. New business (laughs) I got one bit right anyway. Yes, good evening ladies and gentlemen, elected Members, new Members. We’ll be doing that part in the Council in the second part which is next week.

In my final address as the Mayor, I would like to say good evening to everyone of course and then start off by saying I’m like a good quality pair of curtains, I like to pull myself together very quickly. You will notice, those Members that were here and those visitors that were here last year I became very emotional in my acceptance speech as Mayor. I lost the plot a few times during that evening and I’ve continued on the same vein this evening.

Hopefully from now on it’ll all be downhill but what I would like to say is it’s been an absolute honour to represent the Wirral for this last year. Sue and I (the Mayoress) have really, really fully enjoyed every aspect of it and so much so that we’ve actually attended approximately over five hundred and forty-one engagements as Mayor and Mayoress and we were delighted to see the varied aspects that we have on the Wirral.

It was amazing to see so many wonderful people doing so many wonderful things and that is people working in the communities, charities and we were really heartened by the wealth and support given by so many people to our communities and charities. The skills and the nature of such diversity acquired in all aspects of life, they really came to the fore. I am really proud, Sue and I, we’ve said this for a few times throughout the year about how proud we are to be the [Mayor and] Mayoress of Wirral. The people that we meet on the peninsula are just absolutely fantastic.

We should and I’m sure you will agree with us be proud of the amazing talents that we have here on the Wirral. These include all sorts of things including sports, art, acting, music and can we also thank the parents and guardians of lots of our young people and students in the Wirral? Sue and I had the great opportunity to invite many young groups of people into the Council to give them an insight what we actually do and what we are and I was delighted to bring some of the young people into the Town Hall and see what we’re all about. A big thank you to parents and guardians and helpers in bringing those children into the Town Hall.

I’d also like to thank the support we’ve received from so many members of the council staff and elected Members in our year. They really have shown their loyalty to the Mayoralty in helping at many of the events that have taken place in front and behind the scenes. Their hard works given that’s been so much appreciated by Sue and I. Our charities would never have had the possibility to receive so much money without the dedication and work that was done by so many.

I’d like to thank people but in no particular order, everybody deserves the highest honour that I can possibly thank them for, they really do work very well for us. I will start with our secretary Sue Carroll. Thank you to Sue and Sonja for all their hard work. Also to Barbara Margaret, and Margaret, a special thanks to Carol Jackson who unfortunately can’t be here this evening. She absolutely works her socks off for the Mayoralty, I’m really, really impressed by the amount of work that she does.

We’ve also been greatly helped, especially with our charities by all those people and as I said members of the group. I’ve got to say George Davies thanks very much, George who we all mentioned has been absolutely wonderful in helping the Mayoralty in many ways this year. A personal thanks from Sue and I to you. Thank you very much George.

I’d also like to thank Beth Glover who’s been my chaplain this year and this is where I pause because the one thing I would like to do is to thank our cadet of the year and who started as Sergeant Charlotte Steel. I’m pleased to say is now the rank of what?

CADET OF THE YEAR
Flight Sergeant.

MAYOR OF WIRRAL COUNCILLOR DAVE MITCHELL
Yes, absolutely. She’s now Flight Sergeant Steel. Sue and I were really impressed by the courtesy you gave us and the hard work that you put in supporting us through our year. So can I ask you to come up and receive an award for it?

Thank you very much. I think she’s going to take a picture of us both.

Mayor of Wirral Cllr Dave Mitchell awards the Cadet of the Year Award (2014)
Mayor of Wirral Cllr Dave Mitchell awards the Cadet of the Year Award (2014)

Excellent, thank you very much, if you could go and sit down. Thank you.

Sue and I started our mayoralty on a really top-notch event. We were very fortunate to start our mayoralty the year, the weekend of the commemoration of the Battle of the Atlantic. It was an absolutely wonderful occasion, a beautiful weekend. I’m very proud to say that the sponsor of that weekend was one of our major companies Cammell Lairds and a great big thank you to them. It really was a wonderful event. I can’t go on and say how many things that we’ve done, I’ve already said we’ve done over five hundred. It’s been absolutely wonderful.

Of those five hundred, I can say I only asked for three. That was to visit my old school and a friend of mine and to visit two of our charities that we’ve supported this year. The rest, the general public and the good people of the Wirral support the mayoralty and they asked the Mayor to be over from the Mayor’s department and I’m really supportive and I’m thankful to those people. I can’t leave out Nick. Nick, Carl and Paul who’ve been the Mayor’s attendants throughout that year. They’ve done an absolutely wonderful job in supporting us.

I know Nick and Paul’s been here for a while, it’s a temporary part and Carl’s just come in and done it for a short while. Nick I would like to thank you for all the great work that you’ve done for Sue and I in supporting us throughout this year. We’ve been to many, many occasions, many events and like everybody when you come into a role, you just don’t know what it’s about and you need a little bit of guidance and help and Nick has been the stalwart in that in helping us throughout our year making sure we address the right people (I get that wrong sometimes) in the right manner. Dame Morgan will not forget me for calling her the Lord High Sheriff but there we are.

Yes, Nick’s guidance it goes beyond just the normal thing of taking us to events and getting us there at the right time, it’s the ability to move us in the right direction, to talk to the people that need to be spoken to and it’s also the guidance in taking us away from the people that actually you don’t need to talk to and finally Steve and Les you’ll find that out when your year comes. There are some very lovely people on the Wirral peninsula who once they get the ear of the Mayor will not stop talking so that’s beneficial in both ways.

So Sue and I would like to thank you Nick, you really are the stalwart in what you’ve done for us. So much so in the conversation with the Lord Lieutenant Dame Lorna Muirhead only a few weeks back she remarked on, “How would you manage without him?” and that’s it. “I’m sure you’ll find somebody to replace him but for the time being there’s no one as good as you.” So Nick thank you very much.

I’d also like as I said last but not least as I mention in my column every week in the newspaper, I always say about the people that we meet, the wonderful things that we’ve done but the one thing that’s really stood out for Sue and I this year is the amount of work that’s done by so many young people on the Wirral and the press is not very good. There are all sorts of news story, it never gives a good news story and we’ve been absolutely astounded in the main by the amount of work that’s been done by the young people on this peninsula.

Thousands and thousands of pounds have been raised by different groups each year and without any need for publicity in any way. They just get on and do the job. We were really amazed and we are absolutely delighted and we believe the peninsula is in safe hands with all those wonderful young people that we’ve got on our peninsula.

I’ve mentioned the mayoralty and the one thing that it is, is once you get into the role of being the Mayor, you realise how important it is to our communities and our communities really do love the Mayor. I’m repeating myself and I know I’ve already said it, five hundred plus engagements where our communities want the Mayoralty to be involved. I hope it is not diminished in any way in future years.

I would like to say in passing that I wish my predecessor, oh no the incoming Mayor and Mayoress. My predecessor Gerry I’m delighted to see you here. At the end of your Mayoral year you weren’t too well health wise but I’m delighted to see how well you are at the moment, I’m really delighted to see you here, but no the incoming Mayor and Mayoress Steve and Elaine I wish you all the joy and success. I know you will enjoy it as much as Sue and I have done. Ladies and gentlemen thank you very much.

Now I’ll turn the page and actually get on to it. The first business is the election of the Civic Mayor. May I have the nominations for the office of Civic Mayor for the Metropolitan Borough of Wirral?

Continues at How did Councillor Foulkes get the nickname ‘Mad Max’? & ‘Infamy! Infamy! They’ve all got it in for me!’.
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Public meetings for Wirral Council, Merseytravel and a HoC select committee on how much Chief Officers are paid

Public meetings for Wirral Council, Merseytravel and a HoC select committee on how much Chief Officers are paid

Public meetings for Wirral Council, Merseytravel and a HoC select committee on how much Chief Officers are paid

                                                  

Below is a list of upcoming public meetings & other matters involving local government happening this week. Most are local, but the House of Common’s Communities and Local Government Select Committee on Chief Officer’s pay in local government should be available to watch live on Parliament’s website.
=======================================================================================================
Date:Monday 2nd June 2014
Time: 7.00pm
Public Body/Committee: Wirral Council
Venue: Floral Pavilion, Marine Promenade, New Brighton, Wirral, Merseyside, CH45 2JS

Type of meeting (Annual Meeting of the Council Part 1)
Agenda
1. Declarations of Interest
2. Civic Mayor’s Announcements
3. Election of Civic Mayor 2014/15 (the Cabinet’s recommendation is Cllr Steve Foulkes)
4. Appoint a Deputy Civic Mayor 2014/15 (the Cabinet’s recommendation is Cllr Les Rowlands)
5. Adjournment to 6.15pm on Monday 9th June 2014

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Date: Wednesday 4th June 2014
Time: 2.00pm
Public Body/Committee: Merseytravel Committee of Liverpool City Region Combined Authority
Venue: Authority Chamber, Merseytravel Offices, No 1. Mann Island, Liverpool, L3 1BP
Agenda & reports
1. Apologies for Absence
2. Declarations of Interest
3. Minutes of the last meeting
4. High Speed 2 Action Plan June 2014 Update
5. Rail Devolution Update
6. Liverpool City Region: Long Term Rail Strategy

=======================================================================================================

Date: Wednesday 4th June 2014
Time: 4:15pm
Public Body/Committee: Communities and Local Government Select Committee/House of Commons
Venue: The Thatcher Room, Portcullis House
Subject: Local Government Chief Officers’ remuneration
Witnesses: Graham Farrant, Chief Executive of Thurrock Council and London Borough of Barking & Dagenham and Maggie Rae, Corporate Director, Wiltshire Council; Mike Cooke, Chief Executive, London Borough of Camden, Councillor Sarah Hayward, Leader, London Borough of Camden, Paul Martin, Chief Executive, London Borough of Wandsworth and Councillor Ravi Govindia, Leader, London Borough of Wandsworth; Martin Tucker, Joint Managing Partner, Gatenby Sanderson and Peter Smith, Director, Hay Group

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Date: Thursday 5th June 2014
Time: 10am
Venue: Birkenhead County Court, 76 Hamilton St, Birkenhead CH41 5EN
Irving -v- Wirral Metropolitan Borough Council (Fast Track Trial)
Case number: 3YQ53624
*Note sometimes parties reach an out of court settlement before a trial in which case the trial doesn’t go ahead.

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Date: Friday 6th June 2014
Time: 10.00am
Public Body/Committee: Licensing Act 2003 subcommittee of Wirral Council
Agenda and reports
1. Appointment of Chair
2. Declarations of Interest
3. Application for a Premises Licence – Michaels of Moreton
4. Any other business

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EXCLUSIVE: £1,800 “confidential” report clears Councillor Chris Blakeley after allegation of Cllr Foulkes that comments in Liverpool Echo were disrespectful

EXCLUSIVE: £1,800 “confidential” report clears Councillor Chris Blakeley after allegation of Cllr Foulkes that comments in Liverpool Echo were disrespectful

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Aretha Franklin – Respect [1967]

Cheshire West and Chester invoice for £1800 for investigating a standards complaint
Cheshire West and Chester invoice for £1800 for investigating a standards complaint (you can click on the thumbnail for a more high resolution version)

EXCLUSIVE: £1,800 "confidential" report clears Councillor Chris Blakeley after allegation of Cllr Foulkes that comments in Liverpool Echo were disrespectful

                         

It was a long time ago (19th March) when I first made a Freedom of Information Act request for the external investigation report (and the invoice) for the standards complaint that Councillor Steve Foulkes had made about Councillor Chris Blakeley. Not surprisingly with such a politically sensitive request, my Freedom of Information request was ignored, so on the 17th April I requested an internal review.

On the 24th April Wirral Council supplied the report itself, an appendix and the invoice from Chester West and Chester Council (for £1,800) for the investigation. On the same day this was released, solicitors that work in Wirral Council’s legal department and the officers that take the minutes at public meetings had a meeting in Committee Room 1, the subject of which was “values and culture change”. The fact that only two lines are redacted in the investigation report and Wirral Council hasn’t claimed an Freedom of Information Act exemption applies to the report and appendix A is one example of how the culture has changed at Wirral Council.

Due to the redaction of two lines on page nine, the seventeen page report is an image, therefore it can’t be spidered properly by search engines. Therefore I’ll be including the seventeen page report below this so it can be properly spidered. The report itself explains who Councillor Blakeley and Councillor Foulkes are so I won’t repeat what is in the report itself. It does however give an interesting insight into Wirral’s politics. Appendix A to the report can be downloaded from this blog. I’ve used a series of equals signs to show where individual pages start and end in the report.

Where legislation or individual cases are referred to I have tried to provide a link where possible in case you want to find out more about the legislation or judgements referred to. If you wish to read the original report as a pdf file you can. The two witness statements referred to in the report as Appendix B (the witness statement of Councillor Foulkes) and Appendix C (the witness statement of Councillor Blakeley) haven’t been supplied in response to the Freedom of Information Act request, but I’ve requested an internal review regarding these. In the report below I have not corrected any spelling mistakes or grammatical errors but left these as they appear in the report.

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CONFIDENTIAL


Report of an investigation by Trudie Odaka acting as investigating officer, appointed by Surjit Tour Monitoring Officer for Wirral Borough Council into allegations concerning Councillor Chris Blakeley.

This report is submitted to the Monitoring Officer for Wirral Borough Council, Surjit Tour.

FINAL REPORT

10th March 2014


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CONTENTS




1. Executive Summary
2. The relevant legislation and protocols
3. The Evidence Gathered
4. Nomination for the Office of Mayor
5. The Allegations by the Complainant
6. Account by Councillor Foulkes
7. The Liverpool Echo article dated 13th May 2013
8. Response from Councillor Blakeley
9. Summary of the material facts
10.Case Law
11.Reasoning as to whether there has been a failure to comply with the Wirral Borough Council Code of Conduct
12.Finding

Appendix A – Schedule of Documents
Appendix B – Statement of Councillor Foulkes
Appendix C – Statement of Councillor Blakeley
 


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Executive Summary

1.1 I have been asked to conduct an investigation in respect of a complaint made by Councillor Steve Foulkes regarding the conduct of Councillor Chris Blakeley.

1.2 The Allegation

An allegation has been made by Councillor Steve Foulkes that Councillor Chris Blakeley failed to comply with the Members’ Code of Conduct for Wirral Borough Council by failing to treat him with respect. The allegation made by Councillor Foulkes is that in an article that appeared in the Liverpool Echo on Monday 13th May 2013, when referring to Councillor Foulkes’ nomination as for Deputy Mayor, Councillor Blakeley indicated that he would be voting against the nomination. The complaint contains the quote "I truly believe that for labour to nominate such a controversial character as Steve Foulkes threatens the position of mayor and the need for impartiality. Having sat on the benches opposite calling for his resignation because he was not fit to lead the council, how can I now say that he is fit to be the deputy mayor this year and the mayor next year? I would be a total hypocrite. I fully respect the mayoralty; however I have no respect for Cllr Foulkes and that is why I will be voting against him".

1.3 I have investigated whether Councillor Chris Blakeley failed to comply with paragraphs 1.1of the Members’ Code of Conduct for Wirral Borough Council.

Investigation Outcome

1.4 I have investigated Councillor Blakeley’s conduct and in so doing I have considered the article published in the Liverpool Echo on 13th May 2013 which was appended to the complaint. I have taken into account the article as a whole, in order to set the context of any quotes or information contained within it. Whilst concentrating principally on this Liverpool Echo article; I have also considered other articles relating to Councillor Foulkes’ nomination for deputy mayor, articles that appeared in the local press and on the internet. This has enabled me to better understand the background to the complaint, the context of the statement made by Councillor Blakeley and this has allowed me to review the comments made by other members of Wirral Borough Council; members that are not the subject of this complaint but who nonetheless commented publically about the nomination of Councillor Foulkes for the position of Deputy Mayor.


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1.5 I have considered the quotes attributed to the subject member Councillor Blakeley and I have investigated – whether the quotes were made by him and if made; the context.

1.6 I have considered the comments contained within the complaint and I have interviewed both Councillor Foulkes and Councillor Blakeley to listen to their account of events. Through interviewing each member separately; I have paid particular attention to what each of them has said and taken into account how the comments were perceived by them including the intention of the subject member Councillor Blakeley. I have also taken into account the public forum in which the comments were made; being publication of the comments within a newspaper.

1.7 Whilst concentrating the investigation upon the Liverpool Echo article and the conduct of Councillor Blakeley; in reaching a conclusion, I have taken into account the political context at the time by reviewing the press and other public forums where the nomination was mentioned, although the information found is relevant for setting context (as it revealed that others made comments about the nomination) I have not repeated what I have found within this report as it does not relate to the exact detail of this complaint. Copies are contained in the list of documents at appendix A.

1.8 I have investigated whether or not the conduct complained of was directed at Councillor Foulkes as an individual or his personal characteristics.

1.9 I conclude that when quoted in the Liverpool Echo article on 13th May 2013, Councillor Blakeley was acting in his official capacity as a councillor of Wirral Borough Council.

1.10 I conclude that there has been no failure by Councillor Blakeley to comply with paragraph 1.1 of the Code of Conduct for Wirral Borough Council in that, the quotes in the Liverpool Echo article constituted the legitimate expression of Councillor Blakeley made in response to a nomination by the council’s cabinet for the position of deputy mayor; the quotes related to a matter within his legitimate concern as a councillor namely the proposed next incumbent for the position of deputy mayor. In making the statements Councillor Blakeley appears to have been seeking to explain the reason why he would be voting against the nomination of Councillor Foulkes for deputy mayor; against the Wirral Council’s established tradition of members not challenging nominations made for the positions of mayor and deputy mayor. Councillor Blakeley is quoted as saying "Having sat on the benches opposite calling for his resignation because he was not fit to lead the council, how can I now say that he is fit to be the deputy mayor this year and the mayor next year?" Taking into account all the material facts, I do not find that the quotes


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were expressions of personal malice/anger or personal abuse/attack directed at the Complainant Councillor Foulkes.

1.11 In reaching my conclusion, I have taken into account the fact that Wirral Borough Council being a public body is under a duty to act in a way that is compatible with the European Convention on Human Rights; this includes the consideration of possible breaches of the Member’s Code of Conduct. Article 10 is a European Convention Right that gives protection to the right of freedom of expression, a right which the courts have strongly upheld in cases involving the expression of political opinion, and as such, Councillor Blakeley’s comments to the Liverpool Echo are protected by Article 10.

1.12 I find that there has been no failure to comply with the Wirral Borough Council Code of Conduct.

2. The Relevant Legislation, Code and Protocols

The Code of Conduct

2.1 Wirral Borough Council adopted a Code of Conduct with effect from 1st July 2012 in accordance with the provisions of the Localism Act 2011.

2.2 The Wirral Borough Council Code of Conduct imposes a general obligation on all its councillors, that when acting in their role as a member of the council they will treat others with respect.

2.3 Relevant paragraphs of the Code of Conduct

Paragraph 1.1 of the Code states –

(1) when acting in your role as a Member of the Council;
1.1 DO treat others with respect
 

Relevant legislation

2.4 Article 10 of the European Convention on Human Rights (ECHR) provides:

Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.

The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic


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society, in the interests of…the protection of the reputation or rights of others."

2.5 Section 1 of the Human Rights Act 1998 identifies the rights under the European Convention of Human Rights which have effect for the purposes of that Act. They include Articles 6 and 10 of the ECHR.

Section 3(1) of the 1998 Act provides that so far as it is possible to do so subordinate legislation must be read and given effect in a way which is compatible with the convention rights.

2.6 Section 6 of the 1998 Act provides as follows:

(1) It is unlawful for a public authority to act in a way which is incompatible with a convention right. (In light of this provision I have taken into account the provisions of the ECHR when conducting this investigation).

(2) Disapplies the section in certain very limited circumstances concerning primary legislation. (This does not apply to the present case)

3. The Evidence Gathered

3.1 I have interviewed –

  • The Complainant Councillor Steve Foulkes
  • The subject member Councillor Chris Blakeley
 

3.2 I have spoken to Surjit Tour, the Council’s Monitoring Officer.

3.3 I have been given a copy of Wirral Council’s Members’ Code of Conduct.

3.4 I have been given a copy of Wirral Council’s Member’s Code of Conduct protocol.

3.5 I have obtained copies of other articles within the press relating to the nomination of Councillor Foulkes as deputy mayor found as a result of a speculative search of the internet. Copies of these are contained within Appendix A

4 Nomination for the Office of Mayor

4.1 Both Councillor Foulkes and Councillor Blakeley have explained the process for mayor making to me. My understanding is that in essence nominations to


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the offices of mayor and deputy mayor are made by the Wirral Council Cabinet. All three parties take a rotational turn to put forward their nomination for the role. In 2013 the rotational turn belonged to the Labour Group. I am told by Councillor Foulkes that the selection of the Labour Group nomination is based upon seniority due to length of service.

4.2 In accordance with custom and practice the role of deputy mayor is normally followed a year later by the holder’s nomination to the position of mayor. My understanding is that the naming of a mayor and deputy mayor is not normally controversial in Wirral.

4.3 The nomination to the mayoralty and deputy mayoralty is traditionally unopposed by any of the parties as the position is considered apolitical.

5 The Allegations by the Complainant

5.1 The complaint stems from a statement which appeared in the a Liverpool Echo article dated 13th May 2013 and a quote attributed to the subject member Councillor Blakeley, words taken from the article of :

"I truly believe that for labour to nominate such a controversial character as Steve Foulkes threatens the position of mayor and the need for impartiality."

"Having sat on the benches opposite calling for his resignation because he was not fit to to lead the council, how can I now say that he is fit to be the deputy mayor this year and the mayor next year? I would be a total hypocrite. I fully respect the mayoralty; however I have no respect for Cllr Foulkes and that is why I will be voting against him."

5.2 Within his complaint Councillor Foulkes explains "I have a proud record of public service over 22 years. During that time I have never been found guilty of being unfit to hold public office. By questioning by fitness to hold the offices of Council Leader, Deputy Mayor and Mayor, Cllr Blakeley is in clear breach of one of the key elements of the Members Protocol, i.e. ‘failing to treat people with respect."

6 Account by Councillor Foulkes

6.1 Councillor Foulkes is an elected Councillor of Wirral Borough Council and following his nomination to the office, he became the Deputy Mayor of Wirral Borough Council.


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6.2 Councillor Foulkes made the complaint on 17th May 2013 following the article that appeared in the Liverpool Echo on 13th May 2013.

6.3 Councillor Foulkes has complained about the comments attributed to Councillor Blakeley within the Liverpool Echo explaining that he took exception to the word ‘unfit’ saying "The use of the word ‘unfit’ implies things, gives connotations that there is criminality involved with your character or malpractice. For this to be true ‘he’ would need evidence. That is what is required to say a holder of a drinks licence or a taxi licence is unfit – you need to explain what makes a person ‘unfit’."

6.4 When interviewed Councillor Foulkes differentiated the comments made by Councillor Blakeley from the other comments contained within the article "The first comment that I found mildly offensive was the comment ‘divisive’ I did not take action about this." "… people are allowed poetic licence even though it was not a great comment; people say many things in political tit for tat. I did not take action over this."

6.5 Councillor Foulkes explained the effect of the quotes on:

  • him as an individual, "The statements made have had an effect on me as an individual. First it made life difficult for me" "People who read it associated it with criminality or malpractice. I was very concerned that this was what people were thinking of me." "I have to survive in the real world. I have a career. If people associate my name with being ‘unfit’ or ‘divisive’ it will discourage people from taking the role of politician if that sort of language continues"
  • him as a politician, "Understanding the local people, I knew the phase ‘unfit’ could be interpreted in a whole host of ways. It took me aback that Councillor Blakeley though he knew something that would show me as unfit. Leaders of Council’s are accountable. This is right and correct. This however was an attack on my character."
  • his family and friends "it has clearly created tension for my friends and family" "I received comments from friends and people that I met "what’s he got on you to call you ‘unfit’?" As I said, normally the use of the word ‘unfit is connected to criminality e.g. in the context of licensing. What have I done? I have never done


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  • anything. If Councillor Blakeley thought that I was unfit on those grounds then he should have made it clearer.”
  •                                                                                                                                                                                                                                     
                                            

6.6 Councillor Foulkes explained why he took exception to the quotes attributed to Councillor Blakeley "I would never say that I don’t have respect for someone. I feel that by saying this Councillor Blakeley has gone beyond the normal attacks that occur." "Where Councillor Blakeley says I was unfit it shows a lack of respect this is made worse when his comments are then emblazoned in the press."

6.7 Quoting directly from Councillor Foulkes’ statement he said "Lots of others called for my resignation, others spoke in support. It doesn’t mean that someone who has been the Leader cannot be Mayor. I have done the job as Leader to the best of my ability. I have made mistakes but I do not think that I have done anything to warrant me being called ‘unfit’. This is personalised attack on my character not based on anything I might have done or anything that he believes that I have done."

"At this point in time there is not a blemish on my character. I would say that as a politician I have made mistakes. I made decisions with the best interests of Wirral and the Council I never knowingly did anything that would breach decent behaviour or any Code of Conduct."

7 The Liverpool Echo Article dated 13th May 2013

7.1 The Article which is the subject of this complaint appeared in the Liverpool Echo on Monday 13th May 2013 under the title "Rivals in row over choice of Deputy Mayor" by Liam Murphy.

7.2 The article is introduced with the editorial "A long-standing tradition of not making mayoralty a political issue looks set to be shattered in Wirral tonight"

7.3 The editorial continues "Former council leader, Labour’s Steve Foulkes, is being put forward as deputy mayor; but a leading Tory has said he will vote against him Cllr Foulkes and other members of the Conservative party are expected to join him or abstain."

7.4 The article sets out the context of the mayor making process explaining "the three parties in Wirral council take turns nominating a councillor to the


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mayoralty seen as a non-political role which raises thousands of pounds for chosen charities."

7.5 Within the article Tory Leader Councillor Jeff Green has a quote attributed to him, ‘he was surprised by the decision to nominate such a "divisive figure"’

7.6 The editorial commentary introduces Councillor Blakeley’s quote with "ahead of night’s meeting to nominate the new mayor and his deputy, Tory chief whip Cllr Chris Blakeley said he would be voting against Cllr Foulkes"

7.7 Councillor Blakeley is then quoted as having said "I truly believe that for labour to nominate such a controversial character as Steve Foulkes threatens the position of mayor and the need for impartiality."

"Having sat on the benches opposite calling for his resignation because he was not fit to lead the council, how can I now say that he is fit to be the deputy mayor this year and the mayor next year? I would be a total hypocrite. I fully respect the mayoralty; however I have no respect for Cllr Foulkes and that is why I will be voting against him."

7.8 The article ends with a commentary from the complainant Councillor Foulkes "I think the reality is that the conservatives are becoming increasingly desperate to gain some attention for themselves" . "If they have chosen to show what is considered bad manners, politicising the mayoralty, it says more about them than anyone else."

8 Response from Councillor Blakeley

8.1 During my interview with Councillor Blakeley he explained that he felt the complaint was a tit for tat complaint made by the complainant.

8.2 Councillor Blakeley was and is unhappy with the process followed in the handling of this complaint.

8.3 When interviewed Councillor Blakeley described the council as "factionalised politically".

8.4 In relation to the quotes attributed to him, Councillor Blakeley did not remember the exact words used however he did not dispute the words quoted "When I saw the article I was not shocked by what it said. But I


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can’t say if what they printed was correct because I can’t recall word for word what was actually said".

8.5 Councillor Blakeley explained "I am extremely proud that I voted against Councillor Foulkes as Deputy Mayor along with my colleagues who also voted against and those in the Conservative and Liberal Democrat Group who also did not support Cllr Foulkes nomination by abstaining."

8.6 When referring to the mayor making process Councillor Blakeley explained "The traditional view is that the Mayor Making is a non-political event. No vote is taken on either role and it is all done with niceties and everyone is pleasant".

8.7 With reference to the nomination of Councillor Foulkes for the position of deputy mayor Councillor Blakeley explained "The selection of Councillor Foulkes made it a political event. When Labour nominated Councillor Foulkes, the Labour Group knew what they were doing, sticking two fingers up to the Council and to the people of Wirral. As explained by Councillor Jeff Green’s comment "he was surprised by the decision to nominate such ‘a divisive figure’." If you knew and understood the history of politics in Wirral you would understand that".

8.8 In relation to the use of the wording ‘unfit’ Councillor Blakeley explained "Councillor Foulkes was voted out as Leader of the Council in 2011 because of a vote of no confidence. I voted against Councillor Foulkes when he was leader. I vote against him because we all believed he was no longer fit to lead this Council. We need a majority of Councillors to carry a vote of no confidence, clearly that majority was achieved. It wasn’t my words that he wasn’t ‘fit’ it was the Council motion".

8.9 Councillor Blakeley explained the context of his statements "Wirral Borough Council is a ‘bear put’ of a political arena. Since Councillor Davies took over as Leader of the Council there have been calls for him to resign. If the shoe was on the other foot; I am sure that he would be calling for the Conservative or Liberal Democrat Leader to resign. Calling on Leaders to resign is not unusual in Wirral, regardless of which political party it is, that is the confrontational nature of politics that exists in Wirral".

8.10 Councillor Blakeley went on to explain "Wirral Council is exceptionally political." "..I am sure that both he and I and others have said far


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worse in the Council Chamber than is printed on that newspaper page".

8.11 In conclusion Councillor Blakeley said "Looking at the seven principles in public life that are in the Schedule to the Members Code of Conduct, I have been honest in what I have said. I have been accountable about what I have said".

9 Summary of the material facts

9.1 The comments published in the Liverpool Echo on 13th May 2013 complained about are attributed to Councillor Blakeley.

9.2 The article and all the quotes contained within it including those attributed to the Councillor Blakeley "I fully respect the mayoralty; however I have no respect for Cllr Foulkes and that is why I will be voting against him." all relate to the nomination of Councillor Foulkes for deputy mayor.

9.3 It is clear that the comments are connected to the intended departure from a long established tradition of nominations relating to the mayoralty being apolitical "I think the reality is that the conservatives are becoming increasingly desperate to gain some attention for themselves". "If they have chosen to show what is considered bad manners, politicising the mayoralty, it says more about them than anyone else."

9.4 The nomination of councillor Foulkes for the position of deputy mayor led to comments being made publicly about the nomination from a number of Wirral Borough Councillors.

9.5 I note that in relation to the ‘unfit’ comment Councillor Foulkes explained to his employer "that is was just political stuff" I also note that Councillor Foulkes’ response to the comments contained within the article is also quoted (paragraph 7.8 above refers).

10 Case Law

In coming to a conclusion over whether or not there has been a breach of the Wirral Code of Conduct, I have taken into account case law concerning the freedom of expression, in particular political expression and the application of the article 10 of the European Convention on Human Rights (Freedom of Expression) to complaints under the Code of Conduct. Including the most recent high court cases of R (Dennehy) v London Borough of Ealing [2013]


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EWHC 4102 and R(Calver) v Public Services Ombudsman for Wales [2012] EWHC 1172 (Admin) (03 May 2012). Other cases considered and taken into account include

 

10.1 In R(Calver) v Public Services Ombudsman for Wales Beatson J stated:

"The recognition of the importance of expression in the political sphere and the limits of acceptable criticism are wider in the case of politicians acting in their public capacity than they are in the case of private individuals… This recognition involves both a higher level of protection ("enhanced protection") for statements in the political sphere and the expectation that if the subjects of such statements are politicians acting in their public capacity, they lay themselves open to close scrutiny of their words and deeds and are expected to possess a thicker skin and greater tolerance than ordinary members of the public … Although the protection of Article 10(2) extends to politicians, the Strasbourg Court has stated that where a politician seeks to rely on it, "the requirements have to be weighed in relation to the open discussion of political issues".

10.2 In Sanders v Steven Kingston Wilkie J considered the relationship between Article 10 and paragraph 2(b) of the then Code of Conduct. The provision equates to paragraphs 1.1 of the Wirral Council’s new Code with which this investigation is concerned. In paragraph 69 of his judgement, Wilkie J reviewed a number of authorities. In my view the paragraphs taken from the judgement are relevant to this investigation as they relate to the freedom of expression and political expression in particular.

10.3 In Lingens v Austria Wilkie J noted [at para.69] that the following was said:

"In this connection the court has to recall that freedom of expression constitutes one of the essential foundations of a democratic society and one of the basic conditions for its progress and for each individual’s self fulfilment. Subject to paragraph 2, it is applicable not only to "information or ideas" that are favourably received or regarded as inoffensive or as a matter of indifference, but also to


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those that offend shock or disturb. Such are the demands of pluralism, tolerance and broad mindedness without which there is no democratic society. More generally freedom of political debate is at the very core of the concept of a democratic society which prevails throughout the convention… In such cases the requirements of such protection have to be weighed in relation to the interests of open discussion of political issues."

10.4 From R v Central Independent Television plc (1994) Fam 192 Wilkie J set out the following passage from the speech of Lord Justice Hoffman:

"Publication may cause needless pain, distress and damage to individuals or harm to other aspects of the public interest. But a freedom which is restricted to what judges think to be responsible or in the public interest is no freedom. Freedom means the right to publish things which government and judges, however well motivated, think should not be published. It means the right to say things which "right thinking people" regard as dangerous or irresponsible. This freedom is subject only to clearly defined exceptions laid down by common law or statute. It cannot be too strongly emphasised that outside the established exceptions, there is no question of balancing freedom of speech against other interests. It is a trump card which always wins."

10.5 From Reynolds v Times Newspapers [2001] 2 AC 127 Mr Justice Willkie quoted the judgement of Lord Nichols:

"Members of Councils are politicians and their actions as such are often political actions. An obvious example is when they are speaking in Council meetings where robust political debate may reflect lack of respect for political opponents or may result in views being expressed which many might regard as offensive. It cannot be the case, in my judgement, that the sole source of obligation in that context is the code of conduct unmediated by consideration of Article 10."

10.6 Collins J in Livingstone v The Adjudication Panel for England [2006] EWHC 2533 (Admin) [at para.39]:

"The burden is on [the Adjudication Panel for England] to justify interference with freedom of speech. However offensive and undeserving of protection the appellant’s outburst may have appeared to some, it is important that any individual knows that he can say what he likes, provided it is not unlawful, unless there are clear and satisfactory reasons within the terms of Article 10(2) to render him liable to sanctions.”


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11 Reasoning as to whether there has been failure to comply with the Code of Conduct

11.1 Two matters fall for determination on the basis of the facts as found:

  • Whether when quoted in the Liverpool Echo on 13th May 2014, Councillor Blakeley was acting in his role as a member of the Council and
  • Whether Councillor Blakeley’s conduct was such that he failed to treat others with respect.
  •  

    Failure to Treat Others with Respect

    11.2 Failure to treat others with respect will occur when unfair, unreasonable or demeaning behaviour is directed by one person against another. The circumstances in which the behaviour occurred are relevant in assessing whether the behaviour is disrespectful. The circumstances include the place where the behaviour occurred, who observed the behaviour, the behaviour itself and its proportionality to the circumstances, the character and relationship of the people involved and the behaviour of anyone who prompted the alleged disrespect.

    11.3 It is recognised that in politics rival groupings are common and, within this context it is expected that each will campaign for their ideas, and they may also seek to discredit the policies and actions of their opponents. It is very clear from case law that ideas and policies can be robustly criticised, but individuals should not be subject to unreasonable or excessive personal attack, it is also clear from case law that the right to freedom of expression is a crucially important right that can only be interfered with where there are convincing and compelling reasons within article 10(2) to justify that interference "It cannot be too strongly emphasised that outside the established exceptions, there is no question of balancing freedom of speech against other interests. It is a trump card which always wins" (paragraph 10.4 above refers).

    11.4 Councillor Blakeley does not deny making the quotes contained in the Liverpool Echo article.

    11.5 There is agreement by the complainant and the subject member that the quotes contained within the article were as a direct response to the nomination of Councillor Foulkes for the position of deputy mayor.

    11.6 I find that the quotes in the article related to a matter within Councillor Blakeley’s legitimate concern as a councillor. I consider that the right of Councillor Blakeley as a democratically elected member of a public authority to free speech is engaged. I find that in making the statements he was


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    seeking to explain why he would be voting against the nomination of Councillor Foulkes as deputy mayor "I truly believe that for labour to nominate such a controversial character as Steve Foulkes threatens the position of mayor and the need for impartiality." This appears to have been said by way of explanation against the accepted Wirral tradition that when such nominations are made by a party for the position of deputy mayor, the nominations are accepted without opposition from any of the other parties’ members "I fully respect the mayoralty; however I have no respect for Cllr Foulkes and that is why I will be voting against him.".

    11.7 Personal Attack or Malice

    In relation to the article, I have also considered whether or not there was a personal attack against Councillor Foulkes contained within the quotes made. I have concentrated in particular on the use of the wording ‘unfit’ and taking into account Councillor Foulkes’ views when he said "I believe Councillor Blakeley used the words ‘unfit’ for effect. Perhaps politicians think in a different way." I have also taken into account Councillor Foulkes’ own account of the use of the wording "’unfit’ in his explanation to his employer "I explained to them that it was just political stuff.

    11.8 I have taken into account that the complainant is directly referred to and is singled out as the subject of the article however I have balanced this with the fact that the article and the comments contained within it relate to a nomination to the very public position of deputy mayor. I have taken the view that in being nominated and agreeing to be put out for nomination the complainant accepted that fellow elected members may or may not approve of the nomination and as a result may voice their support or opposition to the proposed nomination publically using the various media forums available to them. This by the nature of the political arena in which it is set was a direct possibility despite the fact that within Wirral, tradition tended to show that nominations for mayoralty positions are dealt with unopposed.

    11.9 The quotes appear to be an explanation of the voting direction Councillor Blakeley intended to take. I am not satisfied that the quotes in the Liverpool Echo amount to any more than political commentary following a group nomination to the position of deputy mayor.

    11.10 I do not find that the quotes were expressions of personal malice /anger, or personal abuse directed at the complainant Councillor Foulkes.


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    11.11 On the basis that the quotes in the article constituted the legitimate expression of a political view by Councillor Blakeley which is afforded the highest level of protection under article 10 and the fact that the quotes related to a matter within his legitimate concern as a councillor; I conclude that there has been no failure by Councillor Blakeley to comply with paragraph 1.1 of the Code of Conduct for Wirral Borough Council.

    12 Finding

    Official Capacity

    12.1 I find that Councillor Blakeley was acting in his official capacity when quoted in the Liverpool Echo on 13th May 2013, he spoke in his capacity as a councillor about the nomination for the office of deputy mayor and he spoke of his intention to vote at the mayor making council meeting.

    Failure to Treat Others with Respect

    12.2 I conclude that there has been no failure by Councillor Foulkes to comply with paragraph 1.1 of the Code of Conduct for Wirral Borough Council in that the quotes in the Liverpool Echo article constituted the legitimate expression of Councillor Blakeley; quotes relating to a matter within his legitimate concern as a councillor. I do not find that the quotes were expressions of personal malice/anger or personal abuse directed at the Complainant.

    Code of Conduct

    12.3 My finding is that there has been no failure to comply with the Code of Conduct of Wirral Borough Council.

    Trudie Odaka
    Investigator
    10th March 2014


    17 | Not for distribution. This report is confidential and must not be disclosed
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