Incredible: FOI reveals “the Council are seeking to draw a line under matters in relation to Mr Morton”

Incredible: FOI reveals “the Council are seeking to draw a line under matters in relation to Mr Morton”

Incredible: FOI reveals “the Council are seeking to draw a line under matters in relation to Mr Morton”

                                                       

Families and Wellbeing Policy and Performance Committee  Wirral Council  3rd November 2014   L to R Legal adviser who was missing Cllr Moira McLaughlin (Chair), Clare Fish and Graham Hodkinson
Families and Wellbeing Policy and Performance Committee Wirral Council 3rd November 2014 L to R Legal adviser who was missing Cllr Moira McLaughlin (Chair), Clare Fish and Graham Hodkinson
Journalism is printing what someone else does not want printed: everything else is public relations” (George Orwell)
 

There are many areas of journalism the public sector wished I hadn’t written about. For example claiming an email from Graham Burgess inviting some councillors to the Open Golf Championship was fraudulent, then 5 minutes later executing a screeching U-turn.

Or as Mr. Tour put it before the U-turn, “This is clearly a serious matter and I formally request that you immediately remove the email and the associated commentary concerning this subject matter from your blog.” Yes it seems even Mr. Tour can get quite cross!

The Merseyside Fire and Rescue Service press office repeatedly phoned asking me to remove this multi-million pound PFI contract. Merseytravel’s press office were horrified at my reporting of their Head of Internal Audit stating at a public meeting that some whistleblowing was “Mickey Mouse” & “complete nonsense”.

And of course after the story INCREDIBLE: £2,877.35 spent by Wirral Council last year in previously hidden payments on taxis for Labour councillors! Wirral Council decided to just downright ignore my FOI requests.

This is the public sector, I’m writing news that falls within the George Orwell quote above, news that from a public relations perspective “they” don’t want the public to know.

I think if I could be paid off with a generous pension and a large six-figure redundancy payment and a confidentiality agreement, they’d have tried it by now!

So it’s time for some more public interest journalism. Something that falls within the George Orwell quote above.

This is an email which sums Wirral Council up, but I’d better explain. Emma Degg was the head of the press office, Surjit refers to Surjit Tour (Monitoring Officer/Head of their Legal Department), Joe Blott has responsibility for industrial relations and is Surjit Tour’s line manager, Graham Burgess was Chief Executive and Joe Blott’s line manager.

Graham Hodkinson is in charge of Adult Social Services (you can read the war of words between him and Cllr Blakleley over Girtrell Court elsewhere in the press) and Rob Vickers, well I don’t like to spoil the surprise (but he’s not the famous rugby player of the same name).

This response to a FOI request was made through whatdotheyknow.com, but Wirral Council felt the information was so embarrassing that they didn’t want it published there.

So here it is, it falls within the George Orwell quote above, it’s something that someone else does not want printed here. Enjoy! Strangely Mr. Hodkinson doesn’t take on board Emma Degg’s advice about oversight and scrutiny, but have a read for yourself. You can read the Anna Klonowski Associates report on Wirral Council’s website and the appendices to the AKA report on this blog (they were never published by Wirral Council). However in order to understand the report please also read the key which shows that Service Provider 3 (referred to below) was Salisbury Independent Living (SIL) who sued Wirral Council for £3 million.


From: Vickers, Rob
Sent: 18 June 2013 08:09
To: Hodkinson, Graham R.
Subject: FW: Financial Liability

Hi Graham, I have now discussed this matter with Emma Degg, still no response from Surjit, Emma has advised that we should respond to Mr Morton as we would respond to anyone else and that our reply should be concise and cover the following – thank him for his Email, note his continuing oversight and scrutiny of the matters referenced and reinforce that the matter is subject to due process. The response should be in letter form and we should share letter with Joe Blott and Graham Burgess, due to wider matters relating to Mr Morton – the Council are seeking to draw a line under matters in relation to Mr Morton. Given the advice the letter would be as follows –

Dear Mr Morton

I write to acknowledge receipt of your Email dated 5th June 2013 and note your continued oversight and scrutiny of the matters you referenced allied to the AKA Report and specifically Service Provider 3. I can confirm that these matters are subject to due process and that we are seeking to bring matters to a conclusion.

Yours Sincerely

Robert Vickers

Graham, such a response is blunt but captures the advice provided, what do you think.

Rob


From: Hodkinson, Graham R.
Sent: 18 June 2013 12:52
To: Vickers, Rob
Subject: RE: Financial Liability

I would refer to continued interest as a citizen rather than scrutiny/oversight as below :

Dear Mr Morton

I write to acknowledge receipt of your Email dated 5th June 2013. Thank you for taking the time to write, setting out your views in relation to matters relating to a former care provider. I note your continued interest as a concerned citizen into the matters you referenced allied to the AKA Report and specifically Service Provider 3. I can confirm at this stage that these matters are subject to due process and that we are seeking to bring matters to a conclusion.

Yours Sincerely

Robert Vickers

Graham Hodkinson
Director of Adult Social Services
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Merseytravel announces wifi at all underground train stations within 5 years

Merseytravel announces wifi at all underground train stations within 5 years

Merseytravel announces wifi at all underground train stations within 5 years

                                                           

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Councillor Steve Foulkes at a meeting of Merseytravel's Performance and Review Subcommittee 23rd March 2015
Councillor Steve Foulkes at a meeting of Merseytravel’s Performance and Review Subcommittee 23rd March 2015

The first main agenda item at the meeting was a report on a review of transport and emissions in the Liverpool City Region, along with the terms of reference for the Reducing Transport Emissions Review 2014 and slides which summarised the author of the report said.

In response Cllr Steve Foulkes suggested, “Maybe leave your car home for one day or something, those types of changes you know that make a massive impact.”

Cllr Liam Robinson (Chair of Merseytravel) said, “For me that’s about making sure public transport is the number one choice of getting around from A to B.”

The next item was the Customer and Passenger Satisfaction Review.

There were no questions or comments on this. Councillors agreed the recommendation.

The next to last report was on Rail Patronage and Ticketing along with an enclosure.

A representative from Merseyrail and Northern Rail were along to answer any questions. The report showed an increase in passenger numbers on the Merseyrail lines (for the first half of 2014/15 compared to the first half of 2013/14) but a decrease in passenger numbers travelling with Northern Rail.

The Merseyrail representative attributed some of the increase to the Open Golf tournament and the Giants event, but that even when the extra passengers travelling to these events were taken into account that there was still an underlying growth of 2%.

The Northern Rail representative disputed that there had been a decline in passenger numbers and stated that their own figures showed a 2.3% increase compared to the previous year. He asked for passenger numbers to be compared at the end of the year as factors such as engineering works and electrification closures would have affected their figures.

A councillor pointed out that wifi was nearly always available on long distance trains and asked when they would introduce wifi to trains?

The answer given was, “Chair I can comment on that. Firstly, the thing to mention on that is the five-year growth plan that was mentioned by Paul a little bit earlier. One of the initiatives is wifi at all the underground stations as a pilot scheme. So that’s already committed to, we’ll see how that rolls out.”

The Northern Rail representative answered, “We are currently trialling free wifi on our electric trains in the Yorkshire area with a view to rolling out.

The new franchise specification for Northern and Transpennine Express will indicate, well sorry has stated that all services will have free wifi during the first part of that franchise. We’re also trialling free wifi at stations.”

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Trade unions march on Wirral Council, only to hear how wonderful the 2014 Open Golf championship was

Trade unions march on Wirral Council, only to hear how wonderful the 2014 Open Golf championship was

Trade unions march on Wirral Council, only to hear how wonderful the 2014 Open Golf championship was

                                                        

Cllr Phil Davies at the start tells people how pleased he is to see so many members of the public at the Cabinet meeting of the 6th November 2014
Cllr Phil Davies tells people at the start how pleased he is to see so many members of the public at the Cabinet meeting of the 6th November 2014

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The first part of the Cabinet meeting can be watched above (apart from a short video that has been edited out.

Prior to last night’s Cabinet meeting there was a trade union march from Seacombe Ferry to Wallasey Town Hall. Wirral Council’s Cabinet have managed to not just cause public sector union troubles, as part of the Cabinet has managed to cause trade union issues in my private sector workplace too.

The trade union strife and march is already covered in the Liverpool Echo.

Wirral Council of course knew this was coming, so with the “Green” party in the audience the first part of the meeting was about the “Royal and Ancient” (no, I’m not referring in any way to Wirral Council’s Cabinet) & the recent Open Golf Tournament.

So are Wirral Council’s Cabinet caught in the political equivalent of madly swinging at the ball in a sand bunker whilst there’s union trouble brewing back at the club house or does Cllr Phil “Golf Club Captain” Davies just take the “rough” with the smooth?

Ed – enough of the golf puns John!

Well caught in the PR nightmare of trade union issues, obviously Wirral Council had to have a “good news” story to tell.

So the meeting started by someone telling the audience about how great TV coverage and coverage about Wirral on websites was. For a moment I thought I was in a bizarre dream. Usually Cllr Phil Davies is saying how “irresponsible” the press is or how they’ve got things wrong. A politician having to sit through a meeting where somebody says nice things about the press is a rare event indeed!

Then it got even better, a guy said there was an “economic impact” of TV and online coverage about Wirral.

Oh boy, I thought. I really am just dreaming now aren’t I? They’ve actually asked somebody to assess the economic importance to Wirral of this blog about Wirral Council and associated Youtube channels (this is the main one and this one is temporarily used whilst the dispute with Sony over Lyndale School coverage of a previous Cabinet meeting is sorted).

Thankfully the guy was only talking about golf more specifically the recent Open Golf Tournament. Hmmmm!

So when I got an email from Surjit Tour telling me to remove coverage about the Open Golf tournament from my blog he was in fact attempting to harm the Wirral economy? Well blow me down with a feather and call me Nora (no offence Leonora).

My reply to him at the time obviously should have been, don’t you realise Mr. Tour the economic harm you’re trying to ravage on the Wirral economy? Obviously a completely missed opportunity on my part and should’ve been followed by don’t you realise tourism jobs on the Wirral depend on media coverage of the Open Golf? And indeed how without that blog post would we have got classic quotes such as local tailor Cllr Walter Smith saying the quotable line “I must say I enjoyed lavish hospitality” on BBC Radio Merseyside?

So next time a Wirral Council councillor stops me filming a public meeting, I will not only remind them of the law states but I will accuse them of the “economic carnage” and people that’ll be put out of work that they’re deliberately inflicting on the local economy. Probably hyperbole, but then a lot of politics often seems to be hyperbole.

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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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Who were the 108 organisations & people (not councillors) that Wirral Council invited to the Open Golf?

Who were the 108 organisations & people (not councillors) that Wirral Council invited to the Open Golf?

Who were the 108 organisations & people (not councillors) that Wirral Council invited to the Open Golf?

                                                                  

Wirral Host of the Open Championship 2014

Wirral Host of the Open Championship 2014

Previously I reported on this blog about the Chief Executive’s email to councillors inviting them to the recent Open Golf tournament. It was a slow news day then and I really didn’t think there would be the interest in it there was.

Since then, a number of people have made various Freedom of Information requests as there was scepticism from some people that the stated reasons given by Wirral Council’s press office applied to everyone that Wirral Council invited. In case you missed it here’s a transcript of what was said back then and Cllr Walter “I must say I enjoyed lavish hospitality” Smith’s take on it.

A partial list of those invited by Wirral Council has been released, however they’re holding some names back because of commercial negotiations.

The original response from Wirral Council stated was the purpose of inviting these organisations was “to attend key business days, which are aiming to attract significant inward investment into the area.”

Firstly, I am puzzled as to why Wirral Council have invited the local press (no Leonora and I weren’t invited so we happily report on this without any conflict of interest) as the local press could’ve applied for press passes for the tournament from the Open Golf’s organisers. The press in the list are the Daily Mirror (for three days), Sky, Liverpool Echo, Wirral Globe, Radio Merseyside and an entry just mysteriously put down as “press”. Why pay for tickets for these organisations when the conference organisers could’ve quite easily given them tickets instead as they were press?

Wirral Council also invited the Bishop of Birkenhead, High Sheriff of Merseyside, Esther McVey MP and guest and Jacqueline Foster MEP and guest.

Yes, a Labour Council using public money to invite Esther McVey to the golf (who let’s face it can afford to pay for her own ticket) isn’t likely to go down well with the unions, who were outside the very same tournament conducting a high profile protest calling for Esther McVey to be sacked (accompanied with a seven foot inflatable rat).

Other names on the list are Weightmans Lawyers and Grant Thornton. Weightmans Lawyers are a form of solicitors that Wirral Council spent £198,043.55 with in the last financial year, Grant Thornton are Wirral Council’s auditors and are paid large sums of money by Wirral Council too.

Neither of those two seem likely to suddenly decide to create hundreds of jobs on the Wirral and they already do nicely enough out of the taxpayer to afford their own tickets to the golf!

Sainsburys was also invited along to the golf too. Yes Sainsburys do employ people on the Wirral, but I’ve heard nothing about a flurry of new stores being opened providing new jobs, have you?

Nearby councils such as Knowsley, Chester West and Chester as well as the Department for Communities and Local Government were also invited. So were Lord and Lady Hunt of Wirral and the Isle of Man Government.

Now, don’t get me wrong, some names on the list DONG Energy (involved in offshore wind farms), General Motors (UK & Ireland) and organisations such as these, Wirral Council are obviously trying to persuade to make inward investment on the Wirral to create jobs. Employment is needed on the Wirral and I’m sure not many would criticise Wirral Council for making genuine attempts to increase local employment.

However there are also a bunch of organisations on the list that it is difficult to ascertain why they were there such as “Future of the North Conference” (that puzzles me perhaps as much as it puzzles you) and “Mere Brook House” (a B&B on the Wirral).

At this time, when Wirral Council is planning on shedding about five hundred staff, there’s a meeting coming up to discuss the possible closure of Lyndale School and Wirral Council spent at least £754,783.18 on its own councillors this is money spent on hospitality for many individuals and organisations that could have easily afforded to pay for themselves. This is at the same time that Wirral Council is dragging the poor through the Magistrates Court for unpaid council tax, when people are evicted because they can’t afford the bedroom tax*/spare room subsidy* (*delete as applicable depending on political preference) and is this really what the public expect of a Labour administration who proudly state on their election leaflets they are socialists?

Or would “champagne socialist” be the way that those more critical of Wirral Council’s political class would describe it? In case you missed it here’s the link to the list of councillors and organisations/people that went to the golf. And doesn’t it just sum it all up when the “open and transparent” Council state “Some organisations have not been included on these lists due to ongoing commercial negotiations between Wirral Council and the organisations in question”. Oh really! So that implies Wirral Council are giving out gifts and expecting something in return!?

As usual your comments on this are much appreciated. Below is the list of 108 people/organisations that Wirral Council invited (if you want to see the list of councillors just follow the link above). Some I’ve never heard of so if you have any further information on who or what they are, please leave a comment.

Bibby Marine Ltd
British Chamber of Commerce
British Slovenian Chamber
Caldy Golf Club
Contact Group
Contemdum
CPL Training
Daily Mirror
DTZ
Helms Briscoe
Hermes
International Festival of Business
Sun Valley
IPW
KMGC Golf Consultancy  
KPMG
Liverpool Chamber
Mere Brook House
Mersey Rural Leader
Merseyside Convention Bureau
Neptune Developments
Osiris Projects
Oxygen 8
PNH Consultancy
Regen Europe.
River Rich Media LLP
Sainsburys
Saudi British Joint Business Council
Sky
Solar Consulting Australia
Sovex
Stonegate Pub Company
Thwaites
UK Regeneration
Weightmans Laywers
Wirral Food Drink Partnership
World Corporate Games
All Our Bars
Beeline Ltd
Cammell Laird
Clear Edge Filtration Ltd.
Coca Cola UK
CPL Training
Daily Mirror
DONG Energy
Future of The North Conference
Grant Thornton
Havas Lynx
IoM Government
Keel Toys
Land & Marine
Insider
Osiris Projects
Rakuten
River Island
TecnoForm Associates‎ Ltd
Thorley Taverns
Wainwright and Gibson
Weightmans Lawyers
Aberdeen Asset Management
Bentley Motors
Briggs Automotive Company
Contact Company
Daily Mirror
DC Consulting
General Motors UK & Ireland
Havas Lynx
Hotel Bookings.com
IDH
JLR
Liverpool Echo
Marketing Liverpool
McLaren
Music Magpie
Oxygen 8
Pageant of Power
Palmer and Harvey
Press
Programme Direct UTV
Rakuten
Sainsburys
Shannon Airport
Toyota
Trimtech
Unipart
Wirral Chamber
Bentley Motors
Bishop of Birkenhead
Consul General of China
Dept for Communities
General Motors UK & Ireland
High Sheriff of Merseyside
Lord and Lady Hunt of Wirral
Knowsley Council
Cheshire West & Chester Council
LEP
Liverpool Echo
Lord Lieutenant of Merseyside
Mayoress of Wirral
McLaren
Jacqueline Foster MEP and guest
Merseytravel
Esther McVey MP and guest
Radio Merseyside
St Helens Council
Wirral Globe
Wirral Met College

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