What were the 6 A4 pages of partially redacted minutes of a Headteachers’/Teachers’ Joint Consultative Committee meeting and the name of a LGA Associate Tutor that Wirral Council disclosed voluntarily in response to a First Tier-Tribunal (General Regulatory chamber) hearing (case number EA/2016/0033) about a Freedom of Information request first made in March 2013?

What were the 6 A4 pages of partially redacted minutes of a Headteachers’/Teachers’ Joint Consultative Committee meeting and the name of a LGA Associate Tutor that Wirral Council disclosed voluntarily in response to a First Tier-Tribunal (General Regulatory chamber) hearing (case number EA/2016/0033) about a Freedom of Information request first made in March 2013?

What were the 6 A4 pages of partially redacted minutes of a Headteachers’/Teachers’ Joint Consultative Committee meeting and the name of a LGA Associate Tutor that Wirral Council disclosed voluntarily in response to a First Tier-Tribunal (General Regulatory chamber) hearing (case number EA/2016/0033) about a Freedom of Information request first made in March 2013?

Liverpool Civil & Family Court, Vernon Street, Liverpool, L2 2BX (the venue for First-Tier Tribunal case EA/2016/0033)
Liverpool Civil & Family Court, Vernon Street, Liverpool, L2 2BX (the venue for First-Tier Tribunal case EA/2016/0033)

I will start by declaring an interest as I was the Appellant in case EA/2016/0033. I am also married to my McKenzie Friend in this matter Mrs Leonora Brace.


Court | Room: Tribunal Room 5, 3rd Floor, Liverpool Civil and Family Court Hearing Centre, 35 Vernon Street, Liverpool, Merseyside, L2 2BX

Oral Hearing
On: 16th June 2016
Time: 10.15am

First-tier Tribunal (General Regulatory Chamber)
Case Ref: EA/2016/0033

Parties
Mr | John Brace (Appellant)
ICO (First Respondent)
Wirral Metropolitan Borough Council (Second Respondent)

Before:
Mr. David Farrer QC Tribunal Judge
Mr. Michael Hake Tribunal Member
Dr Malcolm Clarke Tribunal Member

Clerk: Clare Adams


Continue reading “What were the 6 A4 pages of partially redacted minutes of a Headteachers’/Teachers’ Joint Consultative Committee meeting and the name of a LGA Associate Tutor that Wirral Council disclosed voluntarily in response to a First Tier-Tribunal (General Regulatory chamber) hearing (case number EA/2016/0033) about a Freedom of Information request first made in March 2013?”

EU Referendum: A look back to 1975, the AV Referendum and what will happen next?

EU Referendum: A look back to 1975, the AV Referendum and what will happen next?

The big political story that seems to completely dominate the news cycle now is the EU Referendum (in which Wirral Council are running the election here on the Wirral).

I was present six years ago at the count in Wallasey Town Hall for the AV Referendum (you can see below the photos I took) and it was obvious before the result was declared which way people felt on that issue.

AV Referendum count Civic Hall Wallasey May 2011 photo 2 resized
AV Referendum count Civic Hall Wallasey May 2011 photo 2 resized
AV Referendum count Civic Hall Wallasey May 2011 resized
AV Referendum count Civic Hall Wallasey May 2011 resized

However in around a fortnight we’ll know the outcome of the EU Referendum and I’ve seriously (although I’ve made my mind up which way I’m voting) no idea which way it’ll go.

The opinion polls are so close that the difference between remain and leave is within the margin of error of the poll. Essentially what this means is that the EU Referendum will be decided by people who haven’t made their mind up yet.

I am also sensing a generational divide in how people talk about the EU Referendum. My generation was born in a UK that was part of the EU. We have no personal experience of what it was like before the UK joined. We’ve never been asked to vote on it. We also never lived through a European war (apart from the Yugoslav wars).

The older generation (who are more likely to vote and pensioners also have the time to be politically active) still remember the horrors of World War II. Some of them lived through it. It was something that deeply affected them and their families.

Yet it was out of people who had known the horrors of war that the European dream was created. So what did the dreamers of the European dream want?

They wanted countries to work together for the common good, to respect human rights so the horrors that happened during two world wars wouldn’t happen again (or at least if any tried something similar they’d be punished), for European people to respect the rule of law, for there to be democracy, justice, free trade, to eradicate poverty* and to promote peace.

*No James, they didn’t want Wirral Council to bungle the handling of European money for economic regeneration.

Fine ideals in principle that not many would argue are a “bad idea”.

However either it hasn’t worked out quite how the idealists planned it to and/or Europe just gets a bad press in this country?

People in this country (including myself) campaigned against going into Iraq again in 2003 (yes I had a political past as an activist). I’m still not holding my breath over the publication of the Chilcot report, however I did at the time when I read the "dodgy dossier" describe it as propaganda, but as the cliché goes lessons need to be learnt (albeit 13 years after it happened). However that is besides the point.

The outcome of the AV Referendum on Wirral five years ago was very clear-cut.

Yes – 28,627 (28.1%)
No – 73,120 (71.9%)
 

It was a vote for keeping things the same, for the status quo. Lots of people had voted using first past the post for generations and even those pressing for voting reform really wanted STV (Single Transferable Vote) not AV (which was seen as a compromise).

However, back to the EU Referendum. Personally I don’t know what will happen next if a majority vote to leave. If truth be told, nobody really does. Predictions seem to be the verbal equivalent of crystal ball gazing dressed up in soundbites designed to arouse an emotional response from voters and attract press coverage.

For my generation a vote for the status quo, therefore the situation they’ve known all their lives is a vote to remain. For others who have known more of their life in the UK outside the EU the status quo is different.

So what was the result in 1975?

This was what was asked then (seems very similar to what’s been asked now really).

The Government has announced the results of the renegotiation of the United Kingdom’s terms of membership of the European Community.

Do you think the United Kingdom should stay in the European Community (the Common Market)?

Yes 17,378,581
No 8,470,073

The Tory infighting over this issue has however damaged them as a political party. To be fair though, they’re not the only political party that has been split on the European issue.

On the 23rd of this month when people will be voting in the polling stations I hope they will think through their decision.

Although I have made up which way I am voting, the choice is down to you (or at least the readers of this who have a vote or some influence in it). Think through what will happen next after the votes are counted.

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What’s in the 370 page whistleblowing report on Wirral Council’s grants to businesses?

What’s in the 370 page whistleblowing report on Wirral Council’s grants to businesses?

What’s in the 370 page whistleblowing report on Wirral Council’s grants to businesses?

 

ICO Information Commissioner's Office logo
ICO Information Commissioner’s Office logo

The BIG/ISUS whistleblowing issues have been already covered in extensive detail by this blog over the past few years. However the latest twist in this story was yesterday’s release of a 370 page 2012 internal audit report into the matter following ICO decision notice FS50559883.

Wirral Council have finally released an internal audit report dated 13th January 2012 that went to Bill Norman (then Monitoring Officer/Director of Law, HR and Asset Management at Wirral Council). Those with long memories will remember that Bill Norman was suspended later that year over the Colas matter, then in September 2012 councillors agreed he should receive £146k plus £5k legal expenses to leave.

Back to the BIG/ISUS matters and let’s just quickly recap the blog posts I’ve written on the many aspects of this matter as they provide some background. I’m sure there are one or two I may have left out (I remember I republished some of my earlier blog posts which contained the agreements for BIG/ISUS in the lead up to the special meeting of the Audit and Risk Management Committee last October).

So that’s a brief summary of developments so far? So what does the new information reveal? It’s a report by an auditor at Wirral Council which details the allegations the two whistleblowers made, the investigations into those allegations and the auditor’s opinion as to whether the whistleblowers were correct or not.

The executive summary runs from pages 9-16 and details the allegations made by the two whistleblowers and whether what was inspected during the investigation substantiated or refuted these claims. Pages 17-20 go through each of the allegations in detail as well as whether each allegation is correct or not and the implications that follow. Pages 21-45 are the main report which at the end contain 14 recommendations. Had some of these recommendations been implemented in 2012, some of the unanswered questions surrounding this matter would have been dealt with much earlier, such as the transfer of assets from Lockwood to Harbac.

At the special meeting of the Audit and Risk Management Committee in October 2014, councillors, officers and those speaking at the public meeting were warned not to refer to names of companies, yet the release of this 2012 audit report only removes the names of Wirral Council employees (and former employees). These matters are now out in the open (which should’ve happened before the Audit and Risk Management Committee met last year). Had this 2012 internal audit report been made available to councillors before that meeting the discussion may have been very different.

However it only came to light because of a FOI (Freedom of Information) request made by one of the whistleblowers and even then only after the Information Commissioner’s Office intervened with a decision notice. Certainly the whistleblowers must both feel vindicated by the conclusions reached in this detailed 2012 internal audit report.

The Liberal Democrat Group of councillors on Wirral Council plus the Green Party Councillor Pat Cleary have tabled the following Notice of Motion for the next Council meeting on the 12th October 2015 on the subject of FOI requests. It reads as follows:

OPEN GOVERNMENT ?

This Council recognises that the Information Commissioner’s Office, as the independent authority set up to uphold information rights in the public interest and to promote openness by public bodies, upheld 13 complaints against Wirral Council in the past year.

Of the 18 notices issued between 29 September 2014 and 24 August 2015, the majority (72%) of complaints were upheld.

Council believes that this is a matter for concern, requiring an explanation to its Members.

Council requests that lessons should be learned and applied from these decisions and questions whether Officers have been excessively cautious or defensive in their interpretation of the legislation.

Council, therefore, requests that the legislation is approached with greater regard to the ‘public interest test’ so that the risk of further reputational damage to Wirral can be reduced.

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Is freedom of the British press over as UK blogging enters the age of George Orwell’s “Ministry of Truth” (1984)?

Is freedom of the British press over as UK blogging enters the age of George Orwell’s “Ministry of Truth” (1984)?

Is freedom of the British press over as UK blogging enters the age of George Orwell’s “Ministry of Truth” (1984)?

                                              

Ministry of Truth George Orwell 1984 comment removed
Ministry of Truth George Orwell 1984 comment removed

As I run a blog, I will declare an interest at the start of this article in that I am the operator of this blog. Before anyone accuses me of bias again (I will point out that much of the below is an opinion piece based on a recent court case, legal changes and experience).

One of the things I enjoy about writing (and reading other blogs) is that people do leave comments (although many others read without leaving a comment). The United Kingdom is however not an ideal place to base a high-tech business, which is part of the reason that in an ideal world doing what I do, I wouldn’t be based at all in the UK but somewhere that doesn’t have such a peculiar regulatory environment.

Previously the UK was well-known for its “libel tourism” because of the way the courts here operated when it came to libel. However from past cases certain things can’t be libelled, such as a political party or a local council. Even on matters published abroad, in the past lawyers had preferred to sue in the UK because of the way the court system was here and how easy it was to win their case (and how disastrous financially for the defendant even if they won!).

A lot of the laws that govern the media in this country were based on print publications and arguments about censorship have raged for centuries. A lot of the laws were written before the internet actually happened and were frankly, well overdue for reform. Eventually reform came.

For an example of what used to happen, I direct you to the case of what happened involving Carmarthenshire County Council. Details of the judgement in Thompson v James & Anor ([2013] EWHC 515 (QB) can be read by following that link.

Please note this next bit is in reference to Wales (a country within the UK that borders the Wirral but has a different set of laws and legal system (as well as political system) to here in England).

A local blogger there, Mrs Thompson sued the Chief Executive of Carmarthenshire County Council Mark James, alleging that he had libelled her. This was in reference to a letter written from Mark James that referred to Mrs Thompson that was published on another blog (that is not the blog of Mrs. Thompson) that writes under the nom de plume madaxeman.

When sued, the Chief Executive of Carmarthenshire County Council used public funds to pay his legal costs (Carmarthenshire County Council had provided him with an indemnity for his legal costs) and his legal team also counterclaimed against Mrs Thompson for references made about Mr. James on her blog which he took exception to.

The court dismissed Mrs Thompson’s libel claim, but upheld Mr James’ counterclaim.

Although the audit bodies in Wales in relation to Carmarthenshire County Council have questioned the issue of whether using public funds for his employer to pay the Chief Executive’s legal costs in a libel lawsuit is actually lawful, Mark James is now vigorously pursuing enforcement of the court order he was granted against Mrs Thompson through a Land Registry charge on her property in respect of damages awarded to him and the defendant’s legal costs (paid for by the taxpayer).

Partly to prevent the courts getting completely clogged up with libel cases (because let’s face it if everyone who had ever had anything written about them untrue online actually filed a lawsuit with the court that would happen), whereas in the past somebody could sue not only the author of a comment, but the publisher and the editor as well, the law was changed. The UK ended up with a new libel law (Defamation Act 2013), which completely reformed the old libel laws, introduced defences of truth, honest opinion and publication on a matter of public interest and also new regulations were introduced that came into force on 2nd December 2013.

The new libel law also introduced a test that had to met. Any statement that was claimed to be defamatory had to have “caused or is likely to cause serious harm to the reputation of the claimant”. The new regulations are referred to as the Defamation (Operators of Websites) Regulations 2013 and cover comments left on blogs.

This blog (and comments left on it) fall under the new regulations as I’m the operator of the blog and am based in the UK. In theory if I wasn’t based in the UK but the people leaving the comments were, their comments would probably fall under the new regulations too.

In relation to user generated content (such as comments) on blogs, it means that now the operator of the blog (such as myself) is not liable if the operator of the blog follows the rather strict procedure laid down in the regulations when a complaint is made.

The regulations can be read online, but basically as an operator of a blog if a complaint (that falls within the regulations or even a defective notice) is made about a comment on my blog, I have to within 48 hours (assuming the commenter complained about actually has provided an email address) get in touch with the poster of the comment and they then have 5 days to respond. I also at this stage contact the complainant too.

If no response is received from the person who left the comment within 5 days, the comment is removed, otherwise I’m in breach of the regulations. The person who left the comment has five days to respond and the regulations give them a variety of options which partially determine what happens next. For example they can withdraw their comment in which case it is removed at that point. There are however other options also available to them.

Other larger technology businesses aren’t entirely happy with the current regulatory framework under which they have to operate here in the UK and have published transparency reports as to complaints received and outcomes. I have decided it is high time that I did this too, especially considering the views of the media on censorship.

Out of many thousands of comments currently on the blog since the new regulations came into effect on the 2nd December 2013 there have been complaints so far about two. Detail is provided below.

However, I’d like some feedback from you the reader as to the level of detail provided below and how open and transparent I am being. Are there things you think I should include in future reports, that I am not including currently?

Obviously in the case of complaint #1 I’m not allowed to republish the original comment as that has concluded and the author of the comment has withdrawn it. However there seems to be a general pattern emerging as to the type of stories I get requests for comments to be removed on, doesn’t there?

==============================================================================================================
STATUS: Completed (comment removed 4th July 2014 see here)

Complaint number: Complaint #1

Comment author: John Hardaker

Complainant: Surjit Tour of the Metropolitan Borough of Wirral (Wirral Council)

Article comment attached to: Graham Burgess invites Wirral Council councillors to 5 days of the Open Golf Championship

Outcome: Comment author (Mr. Hardaker) decided to withdraw comment and text of comment was edited out with details inserted explaining why.

Note: see also partial transcript of BBC Radio Merseyside broadcast at Councillor Walter Smith “I must say I enjoyed lavish hospitality” which discussed this.

===============================================================================================================
STATUS: Completed (comment removed 13th October 2014)

Complaint number: Complaint #2

Comment author: James Griffiths

Complainant: He/she have chosen to remain anonymous

Article comment attached to: Graham Burgess (Chief Executive) announces he will retire from Wirral Council on 31st December 2014

Outcome: Comment author (Mr. Griffiths) sent email wishing to withdraw comment.

Note:

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