Why did Councillor Blakeley ask councillors to block a fire station in Saughall Massie?

Why did Councillor Blakeley ask councillors to block a fire station in Saughall Massie?

Why did Councillor Blakeley ask councillors to block a fire station in Saughall Massie?

                                          

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Wirral Council’s Regeneration and Environment Committee meeting of the 15th September 2015 (Part 1 of 4) who discussed a notice of motion about a proposed new fire station in Saughall Massie

Yesterday evening’s meeting of Wirral Council’s Regeneration and Environment Committee was well attended by members of the public.

There were also many councillors from the ruling Labour administration to see what was happening first hand.

Many members of the public were there to see what happened on a vote on whether the land at Saughall Massie (owned by Wirral Council) would be blocked from being gifted, leased or sold to Merseyside Fire and Rescue Service for a new fire station.

However let’s start at the beginning.

The sole Lib Dem councillor at the meeting was running late so the Committee started the meeting with just the Labour and Conservative councillors. The first item was declarations of interest.

Councillor Steve Nilbock (a Labour councillor) had to declare a prejudicial interest in the Saughall Massie fire station item as he’s a member of the Merseyside Fire and Rescue Authority. This meant he had to leave the room during that item and not take part in the vote.

Councillor Anita Leech (a Labour councillor and Chair of the Planning Committee) also declared an interest in the Saughall Massie fire station item as although no planning application has yet been made she may have to make a decision on it in the future.

Councillor Jean Stapleton (a Labour councillor) had to declare a prejudicial interest in the Saughall Massie fire station item as she’s a member of the Merseyside Fire and Rescue Authority. This meant she had to leave the room during that item and not take part in the vote.

So that was three Labour councillors that couldn’t vote (as they wouldn’t be in the room).

The Chair then announced he would be dealing with item 4 (proposal for a fire station on green belt land in Saughall Massie) first due to the large numbers of members of the public present.

Although he was reminded he had to first approve the minutes, he pointed out he hadn’t been at the last meeting so someone else would have to propose approval of the minutes.

At this point three Labour councillors (Councillors Niblock, Leech and Stapleton) had to leave the room (having each declared a prejudicial interest) and took no further part in the discussion or vote on the Saughall Massie fire station issue.

At this point the Lib Dem councillor on the Committee, Cllr Dave Mitchell arrived and apologised for being late.

Wirral Council - Regeneration and Environment Committee Policy and Performance Committee 15th September 2015 - Councillor Chris Blakeley in the foreground explains his notice of motion on the Saughall Massie fire station
Wirral Council – Regeneration and Environment Committee Policy and Performance Committee 15th September 2015 – Councillor Chris Blakeley in the foreground explains his notice of motion on the Saughall Massie fire station

The Conservative councillor for Moreton West and Saughall Massie, Cllr Chris Blakeley (in the foreground of the photo above) was then invited to introduce his notice of motion (which had been referred by the Mayor to this Committee at the Council meeting on the 6th July 2015).

At this point (and I’m trying not to take sides on what is now a party political issue) and as this issue has had many decisions and press coverage over the years, I will feel it would be better to just quote his speech (and declare an interest as he mentions me twice in it). The Chair told Cllr Chris Blakeley he would have ten minutes (although the procedural rules on notices of motion agreed by the Coordinating Committee earlier in the year (see rule 17) don’t give any time limits at all).

Councillor Chris Blakeley (a Conservative councillor for Moreton West and Saughall Massie) said,

“Thank you Chairman, Members, I’ll try not to take up ten minutes, but I have to say it’s an improvement on Council which comes to only seven minutes! So if I do use the ten please forgive me but I will try and keep it as brief as I can.

Thank you Chairman and Members, first of all can I put on record my admiration for the work Merseyside Fire and Rescue Service do and make it clear that this Notice of Motion is not an attack on them. This is simply saying that while the Chief Fire Officer may believe the closure of Upton and West Kirby and building a new fire station on green belt land in Saughall Massie is his only option, the residents of Saughall Massie have made it very clear that they do not want their green belt developed with this or any other development.

As you will see on the Notice of Motion it states that there has been massive public opposition to this proposal which now has risen to over twelve hundred signatures and is growing daily. Also there’s opposition from Saughall Massie Village Area Conservation Society and the Wirral Society and the Chairman of the Saughall Massie Village Area Conservation Society is here tonight.

Sadly however, the proposal for a fire station at this location on our precious green belt appears to have the support of the Labour Party on the Wirral or at least its candidate in this year’s local election who made it very clear in his paperwork and his election address when he said in a leaflet, "I’ll be calling on the Fire Service to guarantee any design for the new fire station is sympathetic to the neighbourhood and will minimise disturbance to the residents of Saughall Massie."

Sadly this begs the question, has Wirral made up or already made up its mind and that’s very difficult to see?

Chairman and Members, the Chief Fire Officer says he has to have a site that is near to the midpoint of West Kirby and Upton as possible in order to give him the best response times.

On response times there’s a little bit of confusion there because at all the public meetings I went to the Chief Fire Officer said about response times and at other public meetings he said let’s not get hung up on response times. So I’m very concerned that the message that’s going from the Chief Fire Officer were to say the least mixed and confused and I don’t think anybody at any public meeting got the same words other than we need this fire station.

So it’s to give him what he says the best response times for West Wirral residents, the protection he believes is necessary.

Yet Chairman, for the last two years, West Kirby he says because these are his words has only been operational for 50% of the time and so he’s covering West Wirral from Upton without any problems and has been for the last two years!

In fact firefighters I talk to on the doorstep told me for all intents and purposes West Kirby Fire Station is not operational at all and of course what about the most at risk site if he moves from Upton which is Arrowe Park Hospital?

The response times to that vulnerable site will be extended, so why the need to move a mile at a cost of over £4 million?

Assuming the Chief Fire Officer is right and they need a new fire station for whatever reason, why does it have to be on our precious green belt? A green belt that has, kept by this Council, has historically defended to the hilt, green belt that according to the very eminent Doctor Hilary Ash, Honorary Conservation Officer for Wirral Wildlife and the Wirral ??? and Cheshire Trust who says the proposed site is used as foraging for barn owls who are nesting on the north side of Saughall Massie Road, who says that bats are feeding here, who says that kingfishers were reported here, who says that if some of the green belt is lost here it would affect these species of protected wildlife along the corridor along there.

Surely this Committee and Council do not want to be responsible for neglecting its biodiversity duties?

Moving on, it’s come to light there’s been an ongoing string of emails. I’d like to thank Mr. Brace for this, because he got all these emails and I will say a long string of emails as you can see. These are them here so thank you Mr. Brace for your tenacity in getting those emails.

The emails are between senior fire officers and senior council officers, including senior planning officers. Therefore it’s no wonder that local people perceive that this is a done deal!

Look Chairman, Members for the avoidance of doubt I’m not saying that there has been any deal at all, I’m simply expressing views said to me by many residents who I represent and given the evidence who can blame them?

One of those emails was from Kieran Timmins. He was Deputy Chief Executive, I hear he’s retiring, I don’t know whether he’s quite gone so I’ll refer to him as the current Deputy Chief Executive of Merseyside Fire and Rescue Service and Council.

Officers talked about sites that had been discounted and sites considered in more detail. According to Mr. Timmins’ email, six sites were considered in more detail, however according to him there were only two runners left. Saughall Massie bypass, which is not the green belt site currently proposed and the library community hub site in Greasby.

Now having had the Greasby site withdrawn by the Leader of the Council, one has to ask why the other frontrunner, their second choice of Saughall Massie bypass described by Mr. Timmins as owned by Wirral Council and looks quite positive based on recent correspondence, was not then turned to. Instead a brand new green belt site, that has never been in the mix previously.

This site which we’re talking about tonight, has never been in the mix until Greasby was withdrawn. Where and how did Council officers suddenly identify a brand new site?

And this isn’t a case of NIMBY [Not In My Back Yard]ism, the site in Saughall Massie Road at the bypass is still in the north-west of Saughall Massie ward. The site at Saughall Massie Road/Upton bypass, like the Greasby site is not in greenbelt and while it’s wooded I checked with Council officers, there are no tree preservation orders on any of the trees. In fact one senior Council officer said the site would already have its own perimeter buffer with the trees that are already in situ.

So Chairman and Members here is a Council owned site that is not in green belt, that is described by Mr Timmins as looking positive. So the Chief Fire Officer’s assertions that there are no alternative sites is clearly is incorrect.

Now I know that the Committee raised earlier this is something that Wirral Planning Committee should a planning application be submitted, however this Committee can act before that in sending a message to Council and the Fire and Rescue Service that this Committee recommends to Council that this Committee asks Council to retain the protection of its green belt, as set by the Authority to stop inappropriate development, ask Council not to give, sell or lease the land concerned at Saughall Massie because of the value it has to the community and ask Council to continue work to work cooperatively with Merseyside Fire and Rescue Service in identifying and facilitating a more suitable site, for operational purposes and to maintain the amenity of local people.

And in closing Chair I will just say that site is available. It’s six hundred metres from this site we’re discussing tonight, it will add nothing or very little to the response times the Chief Fire Officer has been quoting, maybe fifteen or twenty seconds either way. Fifteen or twenty seconds closer to Upton, fifteen or twenty seconds further away from West Kirby and Hoylake.

And one final thing Chairman, that wasn’t in my initial thing but, given the floods we had last week and the horrendous scenes we had in Moreton, with over a hundred families displaced, that field, that green belt, was also underwater from the brook.

By building on that field, you’re taking away natural drainage, you are assisting the freak weather conditions that are becoming more and more frequent to flood that area.

So Chairman I would ask that this Committee fully supports the Notice of Motion that was put forward to Council but moved to this Committee and sends those messages back to the Council.

Thank you for your time Chairman and Members.”

Continues at Labour use casting vote to delay decision on Saughall Massie fire station land.

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Which Wirral councillor claimed £50 on taxis to and from a public meeting?

Which Wirral councillor claimed £50 on taxis to and from a public meeting?

Which Wirral councillor claimed £50 on taxis to and from a public meeting?

                                                 

I wrote recently to some of the councillors on Merseyside Fire and Rescue Authority expressing my concern that there were two expenses systems.

The first involved amounts where councillors had paid out expenses and claimed the money back. The totals for each councillor are published annually and you can see the list for 2014/15 on Merseyside Fire and Rescue Service’s website. This list also includes the extra £8,070 a year that each councillor on Merseyside Fire and Rescue Authority receives with some receiving more on top of this (such as the Chair receives an extra £16,140 on top of the £8,040). These amounts are in addition to what they each receive for being a councillor from their own councils.

However there is a “secret” expenses system for councillors where Merseyside Fire and Rescue Service is invoiced directly. These amounts are not in the list above. My letter expressed the view that such expenses should be included and the reply I received is below.

Merseyside Fire and Rescue service letter about councillor expenses page 1 of 2
Merseyside Fire and Rescue service letter about councillor expenses page 1 of 2
Merseyside Fire and Rescue service letter about councillor expenses page 2 of 2
Merseyside Fire and Rescue service letter about councillor expenses page 2 of 2

As you can see above, the letter refers to the Local Authorities (Members Allowances) (England) Regulation 2003 and Regulation 15 means the financial records of payments to do with councillors have to be open to inspection.

So I recently went to Merseyside Fire and Rescue Service’s headquarters in Bridle Road, Bootle and inspected these records. Below are two pages of an invoice for taxi rides by councillors that because Merseyside Fire and Rescue Service are invoiced directly don’t get included in the annual published lists.

Cabfind.com invoice  taxis for councillors page 1 of 2
Cabfind Ltd invoice taxis for councillors page 1 of 2
Cabfind.com invoice  taxis for councillors page 2 of 2
Cabfind Ltd invoice taxis for councillors page 2 of 2

I was astounded to find that a councillor from Wirral (Cllr Steve Niblock who is one of the three Labour councillors from Wirral on the Merseyside Fire and Rescue Authority) had taken a taxi from his home to the Fire and Rescue Service headquarters for a public meeting that cost £25 and then a taxi back costing a further £25 (total £50)!

The letter from Janet Henshaw stated “It was not possible to show travel & event bookings made directly by MFRA [Merseyside Fire and Rescue Authority] (as opposed to members paying and then claiming back their allowances) due to the fact that this Authority uses an electronic software system to make each booking at the cheapest possible price for both members and officers.” and “MFRA [Merseyside Fire and Rescue Authority] does not use any taxi firms“.

Cabfind Limited isn’t a taxi firm, but based on this statement you’d expect that taxi journeys made by councillors using Cabfind Limited would be the same or cheaper than paying for it themselves?

Below is an expense claim submitted by Cllr Steve Niblock for a journey when he has paid the taxi fare himself and claimed it back. The journey to the Merseyside Fire and Rescue Service headquarters is from and to the same address as the Cabfind Limited invoice above.

Councillor Steve Niblock expenses claim taxi journeys
Councillor Steve Niblock expenses claim taxi journeys

The taxi journeys above were for £18.60 and £20.00. This is for exactly the same journey that when booked through Cabfind Limited (which Merseyside Fire and Rescue Service claim is “at the cheapest possible price”) was £25.00 and £25.00.

Had Councillor Steve Niblock walked to the nearest train station (Bebington) and got the train to the nearest train station to Merseyside Fire and Rescue headquarters (Aintree) the fare would’ve been only £3.85 each way (total £7.70). However there is nothing in the Merseyside Fire and Rescue Authority expense rules that states that councillors claiming back travel expenses have to travel by the cheapest route possible (such as by public transport).

Councillor Steve Niblock recently voted to close Upton and West Kirby fire stations and is part of the ruling Labour Group on Merseyside Fire and Rescue Authority that claims that the Conservative government doesn’t give the Merseyside Fire and Rescue Authority enough money.

Continues at Which St Helens councillor claimed £12 for a salmon dinner and a drink of Coke?.

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Merseyside Fire and Rescue Service had Upton Fire Station valued for insurance purposes at £1.1 million and West Kirby Fire Station at £1.085 million in March 2015

Merseyside Fire and Rescue Service had Upton Fire Station valued for insurance purposes at £1.1 million and West Kirby Fire Station at £1.085 million in March 2015

Merseyside Fire and Rescue Service had Upton Fire Station valued for insurance purposes at £1.1 million and West Kirby Fire Station at £1.085 million in March 2015

                                               

Dan Stephens (Chief Fire Officer, Merseyside Fire and Rescue Service) answers questions at a public consultation meeting in Saughall Massie to discuss proposals for a new fire station (20th April 2015). Kieran Timmins (Deputy Chief Executive) is on the right.
Dan Stephens (Chief Fire Officer) answers questions at a public consultation meeting in Saughall Massie to discuss proposals for a new fire station (20th April 2015)

Information revealed through a recent Freedom of Information Act request shows that Merseyside Fire and Rescue Service paid a firm of chartered surveyors to value both Upton and West Kirby fire stations in March 2015.

Upton Fire Station was valued for insurance purposes at £1.1 million (with a Depreciated Replacement Cost valuation of £590,000) with West Kirby Fire Station insurance purposes value was £1.085 million (with a Depreciated Replacement Cost valuation of £685,000).

The valuation also revealed that Upton Fire Station has an estimated economic lifespan of ten years and West Kirby Fire Station of fifteen years. In a letter accompanying the response to the Freedom of Information Act request Merseyside Fire and Rescue Service stated “Please note the attached Valuations are not market values but Depreciated replacement cost (DRC) valuations, only obtained for insurance purposes, we do not hold information about market values. The valuations have been provided in accordance with the RICS valuation – Professional Standards 2014 (“the Red Book”)”.

Despite Merseyside Fire and Rescue Service stating “we do not hold information about market values” of Upton Fire Station and West Kirby Fire Station a report to councillors on the Merseyside Fire and Rescue Authority in January 2015 stated “The costs of any new build station are referenced in Appendix F, together with an estimate of the potential income from the sale of the buildings and land at Upton and West Kirby.”

Councillors on the Merseyside Fire and Rescue Authority have passed resolutions in October 2014 and January 2015 to keep the estimated capital costs of building a new fire station (along with estimates of what they would receive from a sale of Upton Fire Station and West Kirby Fire Station) out of the public domain.

A report on the recent consultation will be published tomorrow. Councillors on the Merseyside Fire and Rescue Authority will meet next week and decide what happens next.

Out of the eighteen councillors on Merseyside Fire and Rescue Authority, the four councillors representing Wirral Council are Councillor Lesley Rennie, Councillor Denise Roberts, Councillor Jean Stapleton and Councillor Steve Niblock.

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Wirral Council: It’s time for some answers over Fernbank Farm and filming!

Wirral Council: It’s time for some answers over Fernbank Farm and filming!

Wirral Council: It’s time for some answers over Fernbank Farm and filming!

                                 

Wirral Council v Kane & Woodley Particulars of Claim page 1 of 3 thumbnail

Particulars of Claim Wirral Council v Kane & Woodley Page 1 of 3

Wirral Council v Kane & Woodley Particulars of Claim page 2 of 3 thumbnail

Particulars of Claim Wirral Council v Kane & Woodley Page 2 of 3

Wirral Council v Kane & Woodley Particulars of Claim page 3 of 3 thumbnail

Particulars of Claim Wirral Council v Kane & Woodley Page 3 of 3

Jenmaleo
134 Boundary Road
Bidston
Wirral
CH43 7PH
9th June 2014

Surjit Tour
Monitoring Officer
Wallasey Town Hall
Brighton Street
Wallasey
Wirral
CH44 8ED

Dear Mr. Surjit Tour,

You are designated as the Monitoring Officer for Wirral Metropolitan Borough Council. Section 5(2)(a) and 5(2B) of the Local Government and Housing Act 1989 state the following about a legal duty of the Monitoring Officer:

Subject to subsection (2B), it shall be the duty of a relevant authority’s monitoring officer, if it at any time appears to him that any proposal, decision or omission by the authority, by any committee, or sub-committee of the authority, by any person holding any office or employment under the authority or by any joint committee on which the authority are represented constitutes, has given rise to or is likely to or would give rise to—

(a) a contravention by the authority, by any committee, or sub-committee of the authority, by any person holding any office or employment under the authority or by any such joint committee of any enactment or rule of law or of any code of practice made or approved by or under any enactment; or

(b) any such maladministration or injustice as is mentioned in Part III of the Local Government Act 1974 (Local Commissioners) or Part II of the Local Government (Scotland) Act 1975 (which makes corresponding provision for Scotland),to prepare a report to the authority with respect to that proposal, decision or omission.

to prepare a report to the authority with respect to that proposal, decision or omission.

(2B) Where a relevant authority are operating executive arrangements, the monitoring officer of the relevant authority shall not make a report under subsection (2) in respect of any proposal, decision or omission unless it is a proposal, decision or omission made otherwise than by or on behalf of the relevant authority’s executive.

On Friday 6th June the Chair of the Licensing Act 2003 subcommitee Councillor Steve Niblock insisted that I stop filming a public meeting of the Licensing Act 2003 subcommittee. The legal adviser to that committee insisted that he was entitled to take this action because of Regulation 25 of the Licensing Act 2003 (Hearings) Regulations 2005. This regulation is below:

Procedure at hearing

25. The authority may require any person attending the hearing who in their opinion is behaving in a disruptive manner to leave the hearing and may—

(a) refuse to permit that person to return, or

(b) permit him to return only on such conditions as the authority may specify,

but such a person may, before the end of the hearing, submit to the authority in writing any information which they would have been entitled to give orally had they not been required to leave.”

“authority” in this context is defined in Regulation 2 as “in relation to a hearing, the relevant licensing authority which has the duty under the Act to hold the hearing which expression includes the licensing committee or licensing sub-committee discharging the function of holding the hearing;”

At no point during the meeting was I asked to leave the room by the Chair or the subcommittee as a whole. Regulation 2 which defines authority makes is clear that persons can only be required to leave if it is the opinion of the whole subcommittee that the person/s are behaving in a disruptive manner. There were two members of the subcommittee Councillor Harry Smith and Councillor John Salter who did not express a view, therefore Regulation 25 was not engaged.

The legal adviser to that committee, Ken Abraham said, “We have rights under the regulations too, which empower them to stop a hearing proceeding if there is an issue about disrupting the meeting and the Chair took the view at that time that because it was clearly indicated that he didn’t want filming that he could have asked you to leave the room but he didn’t.” As you can see from this quote, he refers to the Chair (Councillor Steve Niblock)’s view, not the view of the whole subcommittee. It is unknown whether the other two members of the subcommittee agreed with this view or held a contrary view as they did not state their view during the meeting on this matter.

S. 6(1) of the Human Rights Act 1998 states “It is unlawful for a public authority to act in a way which is incompatible with a Convention right.” and s.3(1) states “So far as it is possible to do so, primary legislation and subordinate legislation must be read and given effect in a way which is compatible with the Convention rights.”

The Convention Right in question is article 10 which is below:

ARTICLE 10

Freedom of expression

1. 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. This Article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

2. 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 society, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for
the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.”

Bearing the above in mind and your previous email of the 2nd April 2013 in which you stated “Furthermore, there no ban on filming” I would ask you to exercise your duty as Monitoring Officer to prepare a report about the above matter.

There is also another matter which I wish to draw to your attention, which may place a duty on you to write a further report about a different matter. I am sure you are aware of Wirral Council’s successful attempt to gain a possession order for the land known as Fernbank Farm in Moreton.

Section 3 of Wirral Council’s Particulars of Claim stated “On 13th July 2012 the First and Second Defendants were served with a notice in the prescribed form persuant to section 25 of the Landlord and Tenant Act the effect of which notifies them as Tenants of the intention to bring the tenancy to an end on 31st May 2013 but that the Council had no objection in the meantime to creating a new lease on certain terms.” and Section 8 of the Particulars of Claim stated “As a result the tenancy has been terminated in accordance with the law and the Claimant is therefore entitled to possession.”

At the fast track trial on 13th February 2014, Wirral Council’s expert witness David Dickinson stated (under oath) that he had been instructed by a manager not to renew the lease. In answer to District Judge Woodburn’s question to David Dickinson that his instructions were contrary to the terms of the notice, Mr Dickinson answered that his instructions were contrary to the notice. In answer to another question Mr Dickinson answered that he had been told not to engage in discussions with the tenants between November 2012 and May 2013.

Regulation 3 of The Landlord and Tenant Act 1954, Part 2 (Notices) Regulations 2004 prescribe which type of form should be used. Wirral Council used form 1 and the prescribed purpose for form 1 is defined in Schedule 1 as “Ending a tenancy to which Part 2 of the Act applies, where the landlord is not opposed to the grant of a new tenancy (notice under section 25 of the Act).”

Based on David Dickinson’s testimony under oath, Wirral Council had decided not to renew the tenancy therefore form 2 should have been used, the prescribed purpose for form 2 is defined in Schedule 1 as “Ending a tenancy to which Part 2 of the Act applies, where—

(a)the landlord is opposed to the grant of a new tenancy (notice under section 25 of the Act); and
(b)the tenant is not entitled under the 1967 Act to buy the freehold or an extended lease..”

Clearly either a number of assertions (as outlined above) made in the particulars of claim are incorrect and Mr. Dickinson was telling the truth about Wirral Council’s decision not to renew the lease or alternatively what was outlined in the particulars of claim was correct and Mr. Dickinson was not telling the truth under oath. I am sure you will understand that the possibility of either scenario is concerning.

Therefore bearing in mind the above I would request that you write a further report on this matter which is your legal duty as Monitoring Officer. In order to aid you in this, I do know that following a complaint made by one of the tenant’s spouses that a long multi-page letter was sent to him about this and other related matters.

If a report (or reports) have already been written by yourself (or others on your behalf) I would appreciate being sent a copy. If a report (or reports) on these matters are in the process of being written by someone either at Wirral Council or an external third party I would appreciate being told who they are and by what date their report is expected to be completed.

If you feel a report (or reports) on the above matters are not necessary, I would appreciate hearing from you your reasons as to why. I intend to publish any such reply I receive either from yourself (or others on your behalf) as I feel that both these matters are of concern to large numbers of citizens on the Wirral and need to be resolved.

Yours sincerely,

John Brace

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Wirral Council takes the view that its rights matter more than Wirral citizen’s human rights

Wirral Council takes the view that its rights matter more than Wirral citizen’s human rights

Wirral Council takes the view that its rights matter more than Wirral citizen’s human rights

                                    

Following Friday’s blog post Wirral Council councillors ban filming at public meeting to decide on alcohol licence for Michaels of Moreton shop, there have been some reactions to what happened.

Councillor Stuart Kelly writes:

Indeed they have Councillor Kelly. As long ago as February 2011, the Parliamentary Under Secretary of State Bob O’Neill MP wrote to all Council Leaders and Monitoring Officers. He states in his letter “It is essential to a healthy democracy that citizens everywhere are able to feel that their council welcomes them to observe local decision-making and through modern media tools keep others informed as to what their council is doing.” and “the mainstream media also needs to be free to provide stronger local accountability by being able to film and record in meetings without obstruction”. He goes on to write “I want to encourage all councils to take a welcoming approach to those who want to bring local news stories to a wide audience. The public should rightly expect that elected representatives who have put themselves up for public office be prepared for their decisions to be as transparent as possible and welcome a direct line of communication to their electorate.”

In the same letter, the Information Commissioner’s Office stated “In the context of photographing or filming meetings, whilst genuine concerns about being filmed should not be dismissed, the nature of the activity being filmed – elected representatives acting in the public sphere – should weigh heavily against personal objections.” Yet at Wirral Council this advice last Friday was not followed!

Former councillor Ian Lewis states on his new blog “We know most councillors have faces made for radio but their bizarre behaviour at this meeting, over a licensing application in Moreton, sets a new (low) standard”.

So why is Councillor Steve Niblock from the Chair making a unilateral decision about filming on behalf of the three person Licensing Act 2003 subcommittee? Regulation 25 referred to by Ken Abraham states “authority” (which is defined in Regulation 2 as meaning the whole subcommittee) expressing an opinion on disruption, not the Chair unilaterally expressing his opinion and expecting Regulation 25 to apply.

After the public were excluded from the Licensing Act 2003 subcommittee meeting on Friday, I had a talk with the legal adviser to the committee Ken Abraham about my concerns about it and that the public hadn’t been excluded properly from the meeting. This was a conversation in a corridor at the Town Hall in front of my wife, so I don’t think there can be any expectation of privacy!

KEN ABRAHAM (legal adviser to the Licensing Act 2003 subcommittee)
Can I speak to you after?

JOHN BRACE
I’ve had a chance to have a chat to the objector what it was about and he doesn’t have any objections to me filming. Will there be any problems with me filming the decision?

KEN ABRAHAM
Well it would be useful to find out why you’re filming.

JOHN BRACE
OK.

KEN ABRAHAM
because this is obviously you know, it’s a public Council meeting as in a public Council meeting, this is a what’s known as a public hearing, but there are people who attend who are obviously not aware that they’re going to be filmed so and…

JOHN BRACE
My point about filming, I’ll answer your question about why and then talk a bit about filming. The reason why is because there are people that can’t make it to these meetings, whether they’re at work during the day or

KEN ABRAHAM
People can have a look at the minutes.

JOHN BRACE
Yes, but the minutes aren’t published immediately.

KEN ABRAHAM
but then you could edit the filming.

JOHN BRACE
Err, clearly I could but I don’t. Anyway,

KEN ABRAHAM
The issue is that when you were asked to stop filming the other week, you still continued filming.

JOHN BRACE
No, sorry the other week when I was asked to stop filming I did and then we went out and came back in and it wasn’t clear then as to whether that carried on or not.

KEN ABRAHAM
The stopping filming?

JOHN BRACE
Yeah, because if you remember the other week, the meeting started, they were asked the question about objecting to filming. One person said yes, then we were all asked to go out, then we all came back in again and it wasn’t clear as you’ve said it’s not clear when we came back in again.

To be honest I did say things there but he [Councillor Steve Niblock] didn’t want me to speak anyway, so it’s hardly a valid reason.

KEN ABRAHAM
Well it’s not a public meeting, (at this point I link to Regulation 14 (which states it’s to take place in public), link to 100A and 100E of the Local Government Act 1972 which state otherwise to Ken’s assertion that it isn’t a public meeting. In fact earlier in the conversation he stated it was a public meeting.)

KEN ABRAHAM
and you’re not a representative or the, I I I if you want to talk in more detail I can.

JOHN BRACE
I do want to

KEN ABRAHAM
but I just need to, we’re still in the hearing,

JOHN BRACE
I just want to speak to you in more detail.

KEN ABRAHAM
Maybe if we do that after?

JOHN BRACE
The other very brief point I want to make, the first thing is any decision that a public authority makes has, due to the Human Rights Act 1998 to be compatible with the Convention on Human Rights so one of those rights is regarding freedom of expression and regarding the Article 10 right to freedom of expression there has to be a specific power the Council has in law to stop filming and it has to be for one or more of

KEN ABRAHAM
Yes, I hear you. You’re quoting the law, I know the law. We have rights under the regulations too, which empower them to stop a hearing proceeding if there is an issue about disrupting the meeting and the Chair took the view at that time that because it was clearly indicated that he didn’t want filming that he could have asked you to leave the room but he didn’t. As a filming condition to remain, to put the camera off.

JOHN BRACE
Yes, which I did.

KEN ABRAHAM
The licensing regulations are very clear and specific on that point.

JOHN BRACE
Unfortunately the licensing regulations don’t say anything about filming as such.

KEN ABRAHAM
but it talks about, it talks about the, this is why I can’t have a, I can have a discussion but not

JOHN BRACE
The other thing I wanted to say, let me say something. When the public were sent out,

KEN ABRAHAM
Yes.

JOHN BRACE
The law regarding public exclusion, I’m talking about the Local Government Act 1972, states there has to be a resolution and under the terms of [Wirral Council’s] constitution a resolution has to be proposed, seconded and voted on. That didn’t happen.

KEN ABRAHAM
This is a licensing hearing under the hearing regulations,

JOHN BRACE
Yes, but even in the regulations, the licensing regulations, it says they have to consider the public interest in favour of the public [staying] against excluding the public and they didn’t have a discussion about that.

KEN ABRAHAM
There was, there was representations by the Chair, by the individuals attending the meeting and those representations were taken on board. I’ve got to go off.

JOHN BRACE
but you understand my point about the filming issue and the point about the..

KEN ABRAHAM
Well people are entitled to object to that,

JOHN BRACE
and I pointed out I wasn’t filming that side

KEN ABRAHAM
It doesn’t matter, you’re still taking, you’re recording what individuals were saying

JOHN BRACE
Yes.

KEN ABRAHAM
and people can object to that if they’re members of the public.

JOHN BRACE
To be honest, I could just write it down

KEN ABRAHAM
exactly

JOHN BRACE
and type it up

KEN ABRAHAM
exactly, exactly. You could write it up, but at least you know, you know and that’s something that if you’re going to attend regularly, you know, the public needs to be and if it causes disruption at the hearing then we’re quite entitled to say, oh

JOHN BRACE
and can I say there’s also the Openness of Local Government Bodies Regulations which are going through Parliament and come into effect in a few weeks time.

KEN ABRAHAM
We’re not talking about councillors, we’re talking about members of the public.

JOHN BRACE
but we’re talking about public meetings here, not a public meeting of the full Council. In a few weeks time those regulations will come into effect and they actually prevent the Council from preventing filming at public meetings. They’re in draft form at the moment if you want to look at them.

KEN ABRAHAM
Yeah, well you don’t have to tell me word for word. The regulations are clear on the issue. It gives the Members the leeway to stop if there is a meeting that’s being filmed and the meeting could be disrupted or the hearing could be disrupted, they are entitled to take a view.

JOHN BRACE
Could you show me a copy of the particular regulation or ..

KEN ABRAHAM
Regulation 25,

JOHN BRACE
Regulation 25

KEN ABRAHAM
Licensing [Act 2003] Hearing Regulations [2005], alright and you can actually read the rule, end of story.

JOHN BRACE
OK, but it’s also a public meeting and we have a statutory right to be there.

KEN ABRAHAM
and you have the statutory right to be excluded.

JOHN BRACE
and the thing is right, if I was excluded and asked to leave, I could leave the camera running and leave.

KEN ABRAHAM
No, no, they have the right to exclude you, but the issue has if you’re going to attend these hearings, then members of the public must be aware of that, because they are not aware that you’re doing their filming and we don’t know what’s going to be done when it’s put on the website.

JOHN BRACE
And in fact if I’d answered the question about what the purpose of the filming, but the Chair wouldn’t let me answer it. When I explained it to him he said he had no objection.

KEN ABRAHAM
I said we’d have a discussion, that’s it. We’re not allowing you to have a discussion during

JOHN BRACE
But we’re having one!

KEN ABRAHAM
We’re not having one. Are you aware of the purpose of this discussion? You’re shouting at me!

JOHN BRACE
I’m not!

KEN ABRAHAM
The view that I’m going to take with you isn’t going to change. They tried to make a view on the hearing regulations and you know the people are members of the public and are going to object for whatever reason errm, Members are entitled under the regulations to take a view.

JOHN BRACE
Well actually we disagree on that.

KEN ABRAHAM
Well we’ll agree to disagree then.

Finally I include an email of Surjit Tour sent to me last year.

from: Tour, Surjit
to: john.brace@gmail.com
cc: stephengerrard@wirral.gov.uk
date: 2 April 2013 16:08
subject: RE: filming of public meetings
mailed-by: wirral.gov.uk

Dear Mr Brace

I am on annual leave until 15 April. I am somewhat surprised by your email and letter given that I have asked you a number of times to meet me to discuss this issue.

Furthermore, there no ban on filming as you and another have been filming a number of committee meetings.

I would suggest that no proceedings are issued until I have had the opportunity to respond. I therefore request an extension of time to 30 April.

I await your response.

Please can you also include Stephen Gerrard in any further response.

Yours sincerely

Surjit Tour

Sent from my HTC Touch Pro 2 on Vodafone

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So it seems two of Wirral Council’s legal team have different views on the filming issue.

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