Cllr Phil Davies says “I think I don’t see why we need to delay” about Birkenhead community newspaper idea

Cllr Phil Davies says “I think I don’t see why we need to delay” about Birkenhead community newspaper idea

Cllr Phil Davies says “I think I don’t see why we need to delay” about Birkenhead community newspaper idea

                            

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Dawn Tolcher (Constituency Manager, Birkenhead)
The second update is around two proposals around improving communication. The first one is the promotion of Wirral Well, that’s been …rated now, it’s been drafted as to what tools we can use. We’re looking at a segmented approach with that as to how we deal with the different members of the community.

You communicate with a sixteen year old girl in a different way to a forty year old man and how we develop that. I was just exploring how we could use the empty shops in Birkenhead to help improve the visual presence of the area, but using them to do some on the streets consultation linked with residents. That’s being developed. The second proposal in terms of publication, Surjit’s going to provide an update on that.

Rt Hon Frank Field MP
Would you?

Surjit Tour
Yes, thank you Chair. In so far as the..

Rt Hon Frank Field MP
If you can’t hear at any one time, we will pass the mic back. You know what to do with that don’t you?

Surjit Tour
In so far as that particular item, this particular item is concerned, there is an issue that we do need to explore with regards to the publicity code to ensure that the proposed publication that this committee has considered, would like to consider doesn’t then interfere with the Council’s broader publications.

There are some areas of discussion that need to be had in terms of the interpretation of both the code and the publication itself at this point in time. The suggestion is that Cabinet considers those and that particular issue further with a view towards a significant finding.

As to the issue with regards to the code and whether or not the publicity code will provide or prevent this committee utilising the publication and using the publication because of the broader ramifications and indeed the implications to the Council of that.

Councillor George Davies
Can I ask a question? I just wanted to make a short comment on that one. Can I just ask the question? Following on from that Surjit and I understood and if I’ve got it wrong I apologise.

I understand that when we actually looked at this, we were talking about and we were convinced that Birkenhead because of its poor publicity, ie that the Wirral Globe, the News doesn’t get anywhere near the publicity that local party people do get.

Birkenhead wanted to be a non-political body’s newsletter being sent out to tell the people of Birkenhead exactly what this constituency is trying to do and trying to achieve. We’re not talking, we’re not saying that that had to be anything to do with Wirral West, Wirral South or Wallasey and this is purely and simply our own initiative to make sure that people there understand how we spend their money.

Surjit Tour
Yes I know but unfortunately the code itself makes specific reference to newsletters and newsheets being issued and the issue really whether or not what’s been proposed whether that then emulates commercial newspapers in style or content. Now that’s a debatable and indeed arguable point and that requires further examination and it is really on that point again clarification on that particular point, which is the central to the issue which we need to address.

And to a degree I understand the rationale of the publication and what its purpose is and it’s not intended to be commercial in that sense, but I think it would be wise just to take stock and ensure that we don’t run into difficulties in the event that we do launch this particular publication and then the organisation as a whole is constrained because of the provisions of the publicity code itself.

Rt Hon Frank Field MP
Phil?

Cllr Phil Davies
Yeah I’m a little bit concerned that just because Eric Pickles has issued a Code of Practice that we kind of delay on this and I think the code of, the summary of what the code says about you know lawful, cost effective, objective, even-handed, appropriate et cetera errm I think that’s clear. I think I don’t see why we need to delay, the next Cabinet meeting isn’t until September. By the time you know a further report’s gone back, it’s going to be well into the autumn.

I would have thought, my personal view is that we agreed this was badly needed a long time ago. I think that we should get on with it and you know we need to run it past you as the guardian of the Council’s constitution to check that it ticks all of Eric Pickles’ boxes but I just think a further delay back to Cabinet, it’s going to be halfway through the year before we produce anything. So I, unless there’s any overwhelming reason why, I’d be firmly in favour of getting on with it and just obviously checking before we publish anything if you’re ok with it and it meets with the code of practice.

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So what’s been happening with the filming public meetings law (Openness of Local Government Bodies Regulations 2014)?

So what’s been happening with the filming public meetings law (Openness of Local Government Bodies Regulations 2014)?

Labour councillors at a public meeting of Wirral Council's Coordinating Committee vote to consult on closing Lyndale School (27th February 2014) (an example of the kind of meeting the regulations will cover)

Labour councillors at a public meeting of Wirral Council’s Coordinating Committee vote to consult on closing Lyndale School (27th February 2014) (an example of the kind of meeting the regulations will cover)

So what’s been happening with the filming public meetings law (Openness of Local Government Bodies Regulations 2014)?

                           

I’ve written before about the law going through Parliament about filming public meetings. Sadly when it comes to the House of Commons and House of Lords nothing seems to happen quickly! Here’s a quick recap of what’s happened so far. The Local Audit and Accountability Act 2014 became law on the 30th January 2014. Sadly this issue wasn’t dealt with through primary legislation, but s. 40 of the Local Audit and Accountability Act 2014 gives the Secretary of State (Rt Hon Eric Pickles MP) the power to make regulations about the filming issue. S. 49(2) of the Local Audit and Accountability Act 2014 meant that the power given to the Secretary of State to lay regulations came into effect two months after the Local Audit and Accountability Act 2014 became law (30th March 2014).

Shortly after this date, on the 3rd April the Rt Hon Eric Pickles MP (you will need to scroll down to the section marked Appendix for the right point) laid the draft Openness of Local Government Bodies Regulations along with a draft Explanatory Memorandum.

S. 43(3) of the Local Audit and Accountability Act required that such regulations “may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament”. So the draft Openness of Local Government Bodies Regulations 2014 don’t have the force of law until a motion to approve them has happened in the House of Commons and the House of Lords.

Standing orders mean that the Joint Committee on Statutory Instruments (which comprises both Members of the House of Commons and the House of Lords) must assess every statutory instrument to check that the draft regulations are in line with the power under an Act of Parliament granted to the Minister to make them. Since the draft regulations were laid, the Joint Committee on Statutory Instruments has met twice.

At its meeting on 7th May 2014 it considered regulations such as the “European Union (Definition of Treaties) (Convention on International Interests in Mobile Equipment and Protocol thereto on matters specific to Aircraft Equipment) Order 2014”, “Licensing Act 2003 (FIFA World Cup Licensing Hours) Order 2014”, “Submarine Pipe-lines (Electricity Generating Stations) (Revocation) Regulations 2014”, “Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) (Amendment) (England) Regulations 2014”, “Central African Republic (European Union Financial Sanctions) Regulations 2014” and “Protection of Wrecks (Designation) (England) Order 2014” but sadly not the draft Openness of Local Government Bodies Regulations 2014.

At the Joint Committee on Statutory Instruments’ meeting on the 14th May 2014 it considered regulations such as the “Annual Tax on Enveloped Dwellings (Indexation of Annual Chargeable Amounts) Order 2014”, “African Legal Support Facility (Legal Capacities) Order 2014”, “Town and Country Planning (General Permitted Development) (Amendment and Consequential Provisions) (England) Order 2014”, “Civil Legal Aid (Financial Resources and Payment for Services) (Amendment) Regulations 2014”, “Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) (Amendment) Regulations 2014”, “Marine Licensing (Application Fees) (Amendment) Regulations 2014”, “Plant Health (England) (Amendment) Order 2014” but again not the draft Openness of Local Government Bodies Regulations 2014.

Sadly the House of Lords can’t approve the draft Openness of Local Government Bodies Regulations 2014 before the Joint Committee on Statutory Instruments have met and reported on it. Since the draft regulations the Department for Communities and Local Government have produced a draft Councils and other local bodies – filming and reporting their meetings, knowing what they do: your rights (A guide for local people) guide which the Department for Communities and Local Government asked for comments on by a date shortly after the local election results being announced last month.

On the 7th May the House of Commons agreed that the following MPs (Adam Afriyie (Conservative, Windsor), Mike Crockart (Lib Dem, Edinburgh West), Mr Jim Cunningham (Labour, Coventry South), Nick de Bois (Conservative, Enfield North), Jim Fitzpatrick (Labour, Poplar and Limehouse), Robert Flello (Labour, Stoke-on-Trent), Mike Freer (Conservative, Finchley & Golders Green), John Healey (Labour, Wentworth & Dearne), Kate Hoey (Labour, Vauxhall), Susan Elan Jones (Labour, Clwyd South), Brandon Lewis (Conservative, Great Yarmouth), Robert Neill (Conservative, Bromley and Chislehurst), Claire Perry (Conservative, Devizes), Andy Sawford (Labour, Corby), David Simpson (Democratic Unionist, Upper Bann), Mrs Caroline Spelman (Conservative, Meriden), Craig Whittaker (Conservative, Calder Valley) and Simon Wright (Lib Dem, Norwich South) make up the Sixth Delegated Legislation Committee (Draft Openness of Local Government Bodies Regulations 2014).

On the 12th May the makeup of the Sixth Delegated Legislation Committee (Draft Openness of Local Government Bodies Regulations 2014) was changed slightly. Simon Wright (Lib Dem, Norwich South) was discharged from membership of the committee. When the Sixth Delegated Legislation Committee (Draft Openness of Local Government Bodies Regulations 2014) meets, it will vote on the motion “The
Committee has considered the instrument” and ninety minutes will be given to debate it. The Government always votes in favour of these types of motion and as the committee comprises of 8 Conservative MPs, 7 Labour MPs, 1 Lib Dem MP and 1 Democratic Unionist MP such a motion will be agreed.

The Lords Secondary Legislation Scrutiny Committee considered the Draft Openness of Local Government Bodies Regulations 2014 on the 6th May and made these comments on it and the draft Explanatory Memorandum:

“35. In the Explanatory Memorandum (EM) to these draft Regulations, the Department for Communities and Local Government (DCLG) says that they give greater rights to report at open meetings of local government bodies, by filming, photographing, audio-recording or any other means. DCLG comments that local people will be able to film, make audio-recordings and provide written commentaries during a meeting and provide oral commentaries outside the meeting, allowing those who are unable to attend the meeting to follow the proceedings. The Regulations also require a written record of certain decisions made by officers of such bodies.

36. DCLG states that it did not undertake formal consultation on the Regulations, but that they were the subject of an informal soundings exercise with the Local Government Association (LGA), Lawyers in Local Government, the National Association of Local Councils (NALC) and the Society of Local Authority Chief Executives. All but the last-named of these submitted comments, as did a number of other interested organisations, and a member of this House.

37. DCLG’s account of the outcome of the soundings exercise identifies no unequivocal support for the Regulations. For example, the LGA opposed them and commented that “the Government’s approach, as set out in the draft Regulations, appears completely contrary to the principles of Localism and is in fact micro-management of the sector.” While the NALC supported the objective of transparency, it raised concerns (in common with other respondents) that some provisions in the Regulations, such as filming or recording a meeting, and recording and publishing decisions taken by officers, would have significant detrimental, costly and disproportionate effects on local councils.

38. The Department has not been persuaded by these concerns. As is made clear in the EM, it holds to the belief that “localism requires robust local scrutiny and local accountability”, and that “allowing the public to attend and report meetings promotes health democracy and should not be seen as an intrusion [which does not create] burdens on the councils or local government bodies.” We note that much of the EM consists of similar declarations; we would urge the Department to bear in mind that EMs are intended to provide explanation, not exhortation.

39. DCLG proposes to bring the Regulations into force on the day after which they are made. In the EM, the Department refers to Ministerial statements and press notices which have set out the importance of allowing filming and the use of social media in their meetings. While it refers to two specific press notices, we understand that there have been no Ministerial Statements to Parliament about the Regulations. As an instrument subject to affirmative resolution, the Regulations will be debated in the House: this will provide the Department with an opportunity to explain its intentions to Parliament, as well as to the recipients of its press releases.

So, the draft Openness of Local Government Bodies Regulations will probably become law at some point this month, let’s hope it’s sooner rather than later!

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4 councillors ban filming at Merseyside Police and Crime Panel public meeting but support police filming the public

4 councillors ban filming at Merseyside Police and Crime Panel public meeting but support police filming the public

4 councillors ban filming at Merseyside Police and Crime Panel public meeting but support police filming the public

                        

Police and Crime Panel meet at Birkenhead Town Hall 24th April 2014

Merseyside Police and Crime Panel (Birkenhead Town Hall) 24th April 2014 taken after the meeting had finished Left to Right Knowsley Metropolitan Borough Council officer, Councillor Frank Prendergast (Vice-Chair) (Labour, Liverpool City Council), Knowsley Metropolitan Borough Council officer, Knowsley Metropolitan Borough Council officer, Joseph Edwards (Independent Co-opted Member) (Mr. Edwards wasn’t present from the start of the meeting but arrived late), Councillor Moira McLaughlin (Labour, Wirral Metropolitan Borough Council), Councillor Doreen Kerrigan (Labour, Sefton Metropolitan Borough Council), Councillor Peter Brennan (Labour, Liverpool City Council)

The meeting started with two announcements the Vice-Chair (Councillor Prendergast) wished to make. The first was he asked for the noisy tea urn at the back of the room to be switched off as he said he had hearing problems. The second announcement Councillor Frank Prendergast (Labour, Liverpool City Council) wanted to make was to say that a request was made to film the public meeting of the Merseyside Police and Crime Panel which he had turned down because “confidential” things may be said during the meeting. However he said the public were welcome to stay for the whole meeting.

At this point as the Chair said it was his decision, I asked if he was making that on behalf of the whole Merseyside Police and Crime Panel as their rules of procedure agreed by the Merseyside Police and Crime Panel last July stated that this decision was of the whole Panel:

“21.1 No audio or visual record of proceedings (or part of the proceedings) of a Panel, Sub-Committee or Working Group meeting may be taken without the express permission of the Panel, Sub-Committee or the Working Group concerned.”

He replied that he was. None of the other three Labour councillors present said anything at this point, nor was a vote taken. I asked the Chair at the close of the meeting to provide a quote as to why he’d been against the public meeting being filmed. He told me he was too busy to provide a quote as he had to leave (the meeting was held in Birkenhead) to go to Clatterbridge via Liverpool.

Although the Openness of Local Government Bodies Regulations 2014 which prevent bodies such as the Police and Crime Panel stopping filming of their public meetings have been laid before the House of Commons on the 3rd April 2014 by the Rt Hon Eric Pickles MP, due to Parliament breaking up for Easter a week later a resolution approving the Openness of Local Government Bodies Regulations 2014 hasn’t yet been passed by the House of Commons and House of Lords. So it doesn’t yet have the force of law.

However this is what Labour’s front bench spokesperson, Hilary Benn MP had to say when the issue was debated last year in the House of Commons:

“We will therefore support that change, and also the proposal that councils in England should allow the recording and videoing of council and committee meetings. In this day and age, big changes in technology make recording and videoing readily possible, and I cannot see the difference between sitting in a meeting, listening and writing down what is being said, or—for those who have shorthand—taking a verbatim record, and making one’s own recording.”

                                         
The Merseyside Police and Crime Panel is a joint committee of the councils on Merseyside. The new Labour chaired Liverpool City Region Authority also declined a request to film their first public meeting. The Liverpool City Region Authority’s constitution delegated such matters to the Chief Executive of Knowsley Metropolitan Borough Council Sheena Ramsey. Knowsley Metropolitan Borough Council is also the host authority for the Merseyside Police and Crime Panel.

Has the message from Labour’s front bench spokesperson Hilary Benn MP to “support the change” to “allow the recording and videoing of council and committee meetings” fallen on deaf ears? Do the four Labour councillors who made the decision to prevent filming yesterday (Councillor Frank Prendergast, Councillor Doreen Kerrigan, Councillor Peter Brennan and Councillor Moira McLaughlin (who is currently Labour’s candidate in Rock Ferry ward)) realise how strange it seems for their party’s national spokesperson to say one thing yet Labour councillors locally on Merseyside to do the complete opposite?

My comments on what happened are that currently the public (and press) already do have the right to film, blog and tweet at public meetings. This is granted to them by article 10 (freedom of expression) of the Human Rights Act 1998 c.42. It is unlawful for any public body to act in a way that is incompatible with article 10 (freedom of expression) due to section 6 of the Human Rights Act 1998. In an ironic twist the Merseyside Police and Crime panel during the meeting discussed the wearing of cameras in public by police officers and were supportive of it.

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Surjit Tour tells Wirral Council’s councillors that they have to accept filming at their public meetings

Surjit Tour tells Wirral Council’s councillors that they have to accept filming at their public meetings

Surjit Tour tells Wirral Council’s councillors that they have to accept filming at their public meetings

                         

Birkenhead Constituency Committee (10th April 2014) Birkenhead Town Hall
Left to Right Surjit Tour (Head of Legal and Member Services), Councillor George Davies, Rt Hon Frank Field MP (Chair), Dawn Tolcher (Birkenhead Constituency Manager)

In an update to the blog post headlined Does Pickles think that Wirral Council’s £22,500 newspaper plan “pours taxpayers’ money down the drain”?, something seems to have happened “behind the scenes” as Surjit Tour had this to say to councillors on the subject at last night’s Transformation and Resources Policy and Performance Committee on an item about the Local Audit and Accountability Act 2014 (the bit he says about Wirral Council’s compliance with the Code of Recommended Practice on Local Authority Publicity is the relevant part):

“Thank you Chair, just very briefly taking you through this particular report. It’s a report that’s already been considered by the Audit and Risk Management Committee on the 14th March and the report seeks to summarise the key provisions of the Local Audit and Accountability Act 2014.

On the 13th August of 2010 the government announced its intention if you recall to abolish the Audit Commission and replace it with a decentralised process and arrangements with regard to the audit of public bodies. This Act seeks to set out the necessary framework in relation to the audit arrangements and I’ll turn your attention if I may to page fifty-seven of the report and that provides an explanatory note in terms of the key features of the current and new arrangements that are being introduced.

Paragraph 2.1 sets out and highlights features of the new arrangements and notably the abolition of the Audit Commission and with a view to arrangements being put in place. Under the new arrangements public bodies will be required to appoint an external, independent auditor on the advice of an independent audit panel. The audit panel which the Council must have in place and each local authority is required to have that audit panel in place to discharge their responsibilities, the appointment of an auditor. Various other… may be deferred on that particular panel by the Secretary of State.

The make up of that particular panel it talks about in the report of the recommended changes in the explanatory forward. The actual amend to the legislative framework with regards to council tax referendums and the revised measures to ensure local authorities’ compliance with the Code of Recommended Practice on Local Authority Publicity.

The Act also then introduces greater transparency and openness to meetings of Council meetings in particular by allowing local residents to film, tweet, blog and access the information in relation to decision-making in those committees. So it goes further than just the filming and the arrangements that we currently have.

We also then have arrangements and changes with regards to any local audit, taking account value for money elements which needs to be also factored in and we have a transfer of responsibilities of setting a new code of audit practice going now to the National Audit Office as part of these arrangements. So you see that in a bit more detail in paragraph three some of those provisions there in more detail.

In terms of our current arrangements, there are outsourcing arrangements in place and as you know we have Grant Thornton who is the external auditor for Council and that arrangement continues until 2017 at which point arrangements will be put in place for the appointment of a new local auditor and this is where the new local auditor panel will be engaged in the procurement of that particular body.

There will be a series of approved, accredited firms that will be able to do that and they will be made subject to assessment and criteria by the Financial Reporting Council and relevant professional accountancy bodies who are regulated in the provision of local government services.

In terms of the panel itself, details of its make up are set out in paragraph six of the explanatory note and this is where we need to have a panel which would consist of a majority of independent members and it would be chaired by an independent member. Now our Audit and Risk Management Committee can act as the Council’s auditor panel under the act if so required and if we need to appoint individuals then there’ll be a process that’ll need to be gone through.

You’ll recall that the Audit and Risk Management Committee, in fact it happened last year, indicated that it wished to be a majority of members of the Audit and Risk Management Committee to be independent and there will, arrangements are in hand to make those necessary arrangements. However the Secretary of State is still yet to publish regulations in relation to this particular Act, particularly the criteria and it needs to be expanded on what appears in the Act itself. So the draft regulations are not complete in terms of what the criteria will be for the appointment of independent members and as such a decision has been taken to await the Act or indeed those final regulations to ensure that any appointment that is made is compliant with those regulations.”

The Chair said, “Thanks Surjit, any questions, comments? Pat?”

Cllr Patricia Glasman said, “Paragraph 2.1.5 access information relating to the decisions made in those meetings, I wonder if you could just expand a little bit on that specifically the Pensions Committee we have attachments which are not available to the public. It’s business meetings and I just wondered was there any change to really the way those are treated?”

Surjit Tour replied, “No, there’s no, those changes with regards to information at committees considering the exempt schedules, the schedules before them so those provisions remain unchanged. This is very much the ability to report in open session at committee meetings, individuals being able to not only film, but to tweet, blog information in real-time and as decisions are made.”

The Chair said, “If there’s no further questions, can we agree the recommendations on page fifty-five, 11.1 agreed?”

The Committee agreed the following recommendation:

That the Committee notes the Report and Appendix 1 concerning the changes being introduced by the Audit and Accountability Act 2014 and its implications.

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Does Pickles think that Wirral Council’s £22,500 newspaper plan “pours taxpayers’ money down the drain”?

Does Pickles think that Wirral Council’s £22,500 newspaper plan “pours taxpayers’ money down the drain”?

Does Pickles think that Wirral Council’s £22,500 newspaper plan “pours taxpayers’ money down the drain”?

                         

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The point in the video above of the Birkenhead Constituency Committee meeting where the “community newspaper” proposals starts is at 21:28

Birkenhead Constituency Committee (10th April 2014) Birkenhead Town Hall
Left to Right Surjit Tour (Head of Legal and Member Services), Councillor George Davies, Rt Hon Frank Field MP (Chair), Dawn Tolcher (Birkenhead Constituency Manager)

Prior to the Birkenhead Constituency Committee meeting held on the 10th April that decided to go ahead with the “community newspaper” idea, Graham Burgess (Wirral Council’s Chief Executive) would have received this letter from the Department of Communities and Local Government about council’s compliance with the Code of Recommended Practice on Local Authority Publicity.

I won’t include the letter here as you can click on the link and read it in its entirety yourself, but I will quote some sections “The background to the new power is that whilst the majority of local authorities comply fully with the Publicity Code’s provisions, it is a matter of concern to the Government that there are still cases where this is not so, for example, local authorities issuing publicity that is political in nature or continuing to publish newspapers more frequently than stated in the Code’s provisions. The Secretary of State being able to direct compliance with the Publicity Code is a means whereby these concerns can be addressed” and “The Secretary of State intends to adopt the following approach to this consideration. Where on the basis of any material or information currently available to him, the Secretary of State considers that there is some evidence of non-compliance since the Publicity Code was issued in March 2011, and there is no current unambiguous evidence available to him that the non-compliance has ceased and that there is no risk of future non compliance, he will be minded to give a direction to the authority concerned.”

So what does the code state on frequency?

Section 28 quite clearly states “Where local authorities do commission or publish newsletters, news-sheets or similar communications, they should not issue them more frequently than quarterly, apart from parish councils which should not issue them more frequently than monthly.”

So what frequency was approved by the Birkenhead Constituency Committee? I quote from the report on it, “It was proposed to produce a monthly publication to include information residents want to read about.” and later on it describes the frequency of the issues as “The pilot would be to produce an 8 page publication, bi-monthly for 6 months (3 editions) working in partnership with Lairdside Communities Together.”

Moving to the bit in the letter that states “it is a matter of concern to the Government that there are still cases where this is not so, for example, local authorities issuing publicity that is political in nature” the report to the Birkenhead Constituency Committee states “The content of the publication would be devised from the committee and community requests.” Everyone on the Birkenhead Constituency Committee is a politician (whether councillor or MP), does the public expect their requests for what goes in it not to be political. As there won’t be any advertising in the first three editions personally I don’t think there will be enough “community requests” for three eight page editions so the majority of the content is likely to be suggested by politicians.

Here was what was said at the Birkenhead Constituency Committee meeting on this item which starts at 21:28 in the video above.

=======================================================================================================DAWN TOLCHER (BIRKENHEAD CONSTITUENCY MANAGER)
The second item on this Councillor Doughty talked to last time was around a local publication, so we’ve done some further thinking around this and just to clarify what this will be, it will be a community focussed publication supporting people with what’s on in the community. The data shows that the feedback that a lot of Members get is not all our residents get the local newspaper currently.

It will be a focus on work with other public sector organisations and we’ve got a group together called of the Birkenhead public services. What I’ve asked from them is what they currently do around their communication, what spend, what tools they use and I’m collating that together to look at across us all what we use and what we’re spending, what are we doing and is there any way we can pull that together.

What we’re asking from the Committee is a pilot of three editions to see if it works and to monitor that pilot there will be two subgroups and one will look at it will be an editorial board that will ensure the content is non political and it’s what people want to read on the feedback we’re getting.

It’ll aim to recruit an apprentice for nine to twelve months and involve the community around the community news and how that’s developed. So we’re talking as people have been appearing through this there’s been a really positive feedback from some, from a lot of people saying we’ve had for example a few of have been today at a conference around food planning and how people are struggling accessing food and what, there’s massive support out there with people saying I don’t know where it is around initiatives such as somebody wrote to Councillor Kenny saying that we’ve got an initiative around supporting to access free bikes and that’s the sort of information to go in there. Any questions?

RT HON FRANK FIELD MP (CHAIR)
Questions on that? Yes please, yep?

MEMBER OF PUBLIC
Did you find out about whether the Council actually paid additional money to have the newspapers circulated everywhere? Did that actually happen?

DAWN TOLCHER (BIRKENHEAD CONSTITUENCY MANAGER)
My understanding was that it used to happen, it doesn’t happen now.

MEMBER OF PUBLIC
So it’s too late to have any redress for it?

RT HON FRANK FIELD MP (CHAIR)
Phillip I think we should actually follow that up, it’s a serious point. Can we actually have that in the minutes please and follow it up? What happened to that?

COUNCILLOR CHRIS MEADEN
As I understand it, that’s what we used to do.

RT HON FRANK FIELD MP (CHAIR)
Yeah, absolutely, yeah.

DAWN TOLCHER (BIRKENHEAD CONSTITUENCY MANAGER)
What we have got since the last meeting is a breakdown of where it is going and where it isn’t going so we can help with that.

RT HON FRANK FIELD MP (CHAIR)
So what we’re going to be doing, again it comes back to this whole point what does the contract say and is it actually being fulfilled, if not what do we do about it? (At this point he looks at officers to his left and says sotto voce “answer this evening”)? Really, thanks.

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

What’s interesting is Dawn Tolcher states that the community newspaper will have a “focus on work with other public sector organisations and we’ve got a group together called of the Birkenhead public services. What I’ve asked from them is what they currently do around their communication, what spend, what tools they use and I’m collating that together to look at across us all what we use and what we’re spending, what are we doing and is there any way we can pull that together.”

There’s something called the Wirral Public Service Board. Last year I made a Freedom of Information request to Wirral Council for the agendas and minutes of their meetings over the previous year. That request was refused by Surjit Tour under s.36 (2) (b) (ii) of the Act stating that releasing the agendas and minutes would (or would be likely to) inhibit “the free and frank exchange of views for the purpose of deliberation.” and have a “chilling effect” on their discussions. He also refused it on the basis that the minutes would contain the names of people (data protection grounds).

So just to recap, Wirral Council won’t release the agendas and minutes of meetings held with other public sector organisations at which the decisions and discussion about joint working are made. However they plan to write articles about the decisions made at these meetings and the joint work that Wirral Council is doing in a publication they plan to send out to 39,823 properties in Birkenhead? Oh and after the third edition Wirral Council will charge these other public sector organisations to include details about these projects in their “community newspaper”?

I don’t believe there is as much support for this community newspaper idea as was claimed at the Birkenhead Constituency Committee meeting. I previously wrote about this proposal and included a poll. The poll’s question was “Do you think Wirral Council should spend £22,500 to start a community newspaper in Birkenhead?” with the three following answers to choose from yes, no and don’t know. At the time of writing nineteen people had answered the question. The results were clear, eighteen said no and one answered don’t know.

So did Wirral Council’s Chief Legal Eagle Surjit Tour point out Eric Pickle’s new legal power (which has been in force since the 30th March 2014) to direct Wirral Council to comply with the code (which as outlined above the proposal as it stands doesn’t)? No Mr. Tour didn’t (but then he wasn’t asked for any legal advice on this item). The taxpayer pays him a salary of £73,352 a year. His role (according to Wirral Council’s constitution at 2.3 of Wirral Council’s financial regulations) is defined as follows “The Monitoring Officer is responsible for reporting any actual or potential breaches of the law or maladministration to the Council and/or to the Executive”.

No councillor or MP asked Surjit Tour during the meeting whether aspects of the proposal for a community newspaper were lawful and for his advice. Surjit Tour didn’t say anything during this item and the letter from the Department of Communities and Local Government went to Graham Burgess (so it seems likely that Surjit Tour hasn’t seen it).

The letter from DCLG finishes with “If you have any questions about the new powers, please contact ConductCode@communities.gsi.gov.uk. You can also contact the Rt Hon Eric Pickles MP directly at eric.pickles@communities.gsi.gov.uk.

The Rt Hon Eric Pickles MP said about the very issue of Council newspapers “The spread of the town hall ‘Pravda’ is manifestly unfair because they offer cut price local news, but mixed in with council propaganda that pours taxpayers money down the drain.

These free-sheets are often confused for the real thing by residents. I want our news to be told and sold under the masthead of an independent and free press, not through a knock-off Rolex imitation.”

The press release goes on to state “Where a council ignores the statutory code, the government or a concerned member of the public could seek a court order to enforce it. Disregard for that would result in contempt of court.”

So is Wirral Council going to change its plans or run the risk of a showdown with the Rt Hon Eric Pickles MP over their newspaper plans? The Liverpool Echo also ran a story about this on the 26th March using the headline FURY OVER TOWN HALL PAPER PLAN; Town could see launch of newsletter.

I’d be interested to read your thoughts on this issue which you can leave as a comment (even anonymously if you wish) or contact the Department for Communities and Local Government or the Rt Hon Eric Pickles MP directly yourself to let them know your views on what Wirral Council is proposing to do.

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