Outrageous 20 Page Wirral Council Contract over Secret Hourly Legal Rates

Outrageous 20 Page Wirral Council Contract over Secret Hourly Legal Rates

Outrageous 20 Page Wirral Council Contract over Secret Hourly Legal Rates

                                                         
Before Bill Norman left Wirral Council’s employment he said during a public meeting that Wirral Council had much less in-house solicitors than the previous Council that had previously employed him. Currently Wirral Council has sixteen fifteen people in-house to give legal advice (David Abraham, Ali Noman Bayatti, Louise Kate Bragg, Gregory Oghenebrume Eyitene, Angela Mary Green, Colin John Bennett Hughes, Victoria Michelle Leece, Rosemary Ann Lyon, Elizabeth Macgregor, Anne Frances Quirk, Cecilia Mary Rathe, Sally Jayne Rotherham, Joanne Elizabeth Rutherford, Lucy Victoria Shaw, Surjit Tour and Karen Christina White).

As a result of having more legal work than people employed to do it, work gets outsourced. Some of this is through the North West Legal Consortium that have a website here. Basically it’s a collaboration between a number of local Councils and others (such as Merseytravel, The Office for the Police and Crime Commissioner for Merseyside and The Office for the Police and Crime Commissioner for Lancashire) for legal services from firms such as Weightmans LLP and Eversheds LLP. The “outrageous” clause in my opinion in the contract is this though:-

17. Confidentiality

The Consortium has entered into agreement with Solicitors Firms and Barristers Chambers in relation to discounted fee rates. Each of these rates is commercially confidential to that Firm or Chambers and as such should not, without the prior written consent of that Firm or Chambers be disclosed to any other Firm or Chambers or any other third party outside of the Consortium. Authorities should use reasonable endeavours to ensure either by themselves their servants or agents that they treat such Confidential Information as confidential and safeguard it accordingly; and they hereby agree to use reasonable endeavours not disclose such Confidential Information to any other person without the Solicitors Firm or Chambers prior consent.

What this means is that they can charge a three figure sum an hour for legal advice and despite the public’s right to inspect these documents and make copies (without redactions) Wirral Council will just black box out the amounts on for example this Weightmans table of prices here and here.

With this level of redaction (which extends to the invoices themselves too), how can the Wirral public know they’re getting value for money at these “discounted fee rates”? What’s the rate they’re classed as discounted from anyway? Links to the whole North West Legal Consortium contract are provided below.

North West Legal Consortium Collaboration Agreement Page 1
North West Legal Consortium Collaboration Agreement Page 2
North West Legal Consortium Collaboration Agreement Page 3
North West Legal Consortium Collaboration Agreement Page 4
North West Legal Consortium Collaboration Agreement Page 5
North West Legal Consortium Collaboration Agreement Page 6
North West Legal Consortium Collaboration Agreement Page 7
North West Legal Consortium Collaboration Agreement Page 8
North West Legal Consortium Collaboration Agreement Page 9
North West Legal Consortium Collaboration Agreement Page 10
North West Legal Consortium Collaboration Agreement Page 11
North West Legal Consortium Collaboration Agreement Page 12
North West Legal Consortium Collaboration Agreement Page 13
North West Legal Consortium Collaboration Agreement Page 14
North West Legal Consortium Collaboration Agreement Page 15
North West Legal Consortium Collaboration Agreement Page 16
North West Legal Consortium Collaboration Agreement Page 17
North West Legal Consortium Collaboration Agreement Page 18
North West Legal Consortium Collaboration Agreement Page 19
North West Legal Consortium Collaboration Agreement Page 20

EXCLUSIVE: 90 Pages of North West Regional Development Agency’s Contract With Wirral Council for Business Grants Program

EXCLUSIVE: 90 Pages of North West Regional Development Agency’s Contract With Wirral Council for Business Grants Program

The astute among you will no doubt be aware that the North West Regional Development Agency was abolished last year, however I would guess that in its absence that its functions under the contract are now done by the Department of Business, Innovation and Skills.

There is more to the contract than the first ninety pages, although the other pages can wait for another day. The contract between the North West Regional Development Agency and Wirral Council was for business grants and has been the subject of recent whistle blowing concerns.

Page 1 (this is just a cover page with the North West Regional Development Agency’s contact details on)

Page 2 (this is the first page dated 17th September 2009 stating it’s a grant funding arrangement between Wirral Council and the North West Regional Development Agency for business start-up)

Page 3 (this is an index page to the contract detailing various sections and page numbers)

Page 4 (this is the second index page to the contract detailing various sections and annexes)

Page 5 (this is the first page of the contract which details who it’s between, what it’s for and starts with a list of definitions of terms)

Page 6 (this continues the list of definitions of various terms in the contract)

Page 7 (this continues the list of definitions of various terms in the contract)

Page 8 (this continues the list of definitions of various terms in the contract)

Page 9 (this continues the list of definitions of various terms in the contract)

Page 10 (this continues the list of definitions of various terms in the contract)

Page 11 (this continues the list of definitions of various terms in the contract)

Page 12 (this continues the list of definitions of various terms in the contract)

Page 13 (this ends the list of definitions of various terms in the contract and details how certain references are to be interpreted)

Page 14 (this continues with how certain references are to be interpreted and starts to detail the roles of the North West Regional Development Agency and the accountable body)

Page 15 (this continues with detail as to the roles of the North West Regional Development Agency and the accountable body and goes on to representations and warranties)

Page 16 (this continues the representations and warranties)

Page 17 (this details conditions and what the accountable body’s obligations are)

Page 18 (this details when the contract will start, end and starts a section on consents)

Page 19 (this has sections on public procurement and the accountable body’s contractors and employees)

Page 20 (this has sections on onward liability, legislation, material alteration of the project and insurance)

Page 21 (this continues the section on insurance and has sections on reinstatement and notification by the accountable body)

Page 22 (this continues the section on notification and has sections on further assurance, good faith and co-operation and indemnity)

Page 23 (this continues the section on co-operation and indemnity and starts a section on monitoring of providers)

Page 24 (this has sections on provision of information by the accountable body and inspection and audit facilities)

Page 25 (this continues the section on inspection and audit facilities)

Page 26 (this has sections on maximum grant and conditions)

Page 27 (this continues the section on conditions and starts a section on repayment)

Page 28 (this continues the section on repayment and starts a section on review letter and variations)

Page 29 (this section is on events of default, remedies and termination)

Page 30 (this continues the section on events of default, remedies and termination)

Page 31 (this continues the section on events of default, remedies and termination)

Page 32 (this continues the section on events of default, remedies and termination and starts sections on novation, post completion and publicity)

Page 33 (this continues the section on publicity and has sections on North West Regional Development Agency logo & England Northwest’s brand and European Regional Development Fund funding)

Page 34 (this continues the section on European Regional Development Fund funding and has a section on intellectual property rights)

Page 35 (this continues the section on intellectual property rights and starts a section on reputation of the agency)

Page 36 (this continues the section on reputation of the agency and has sections on assignment and confidentiality)

Page 37 (this continues with the section on confidentiality and starts a section on Freedom of Information)

Page 38 (this continues the section on Freedom of Information and starts a section on Data Protection)

Page 39 (this continues the section on Data Protection and starts a section on default or termination of accountable body)

Page 40 (this has sections on status of accountable body, obligation to use CRM and notices)

Page 41 (this has sections on Value Added Tax, jurisdiction and miscellaneous)

Page 42 (this continues the miscellaneous section)

Page 43 (this continues the miscellaneous section and requires the accountable body to comply with obligations in the schedule)

Page 44 (this is the title page for Schedule 1 (Service Providers))

Page 45 (this is the start of the list of service providers)

Page 46 (this is the end of the list of service providers)

Page 47 (this is the title page for Schedule 2 (European Regional Development Fund Offer Letter))

Page 48 (this is page 1 of the European Regional Development Fund Offer Letter)

Page 49 (this is page 2 of the European Regional Development Fund Offer letter)

Page 50 (this is page 3 of the European Regional Development Fund Offer letter)

Page 51 (this is what the grant recipients had to sign)

Page 52 (this is the offer letter and acknowledgement (schedule 1 (project specific conditions) part A (General) and part B (Delivery Structure))

Page 53 (this continues the project specific conditions part B (Delivery Structure) and part C (Equality and Diversity))

Page 54 (this continues the section on part C (Equality and Diversity))

Page 55 (this continues the section on part C (Equality and Diversity) and has part D (Intellectual Property Rights))

Page 56 (this is Schedule 2 (Project Specific Eligible Expenditure) Part A (Eligible Revenue Expenditure) and Part B (Eligible Capital Expenditure))

Page 57 (this is the first of the tables referred to in part A on salaries)

Page 58 (this is the second of the tables referred to in part A on overheads)

Page 59 (this is the third of the tables referred to in part A on premises)

Page 60 (this is the fourth of the tables referred to in part A on fees)

Page 61 (this is the fifth of the tables referred to in part A on other revenue)

Page 62 (this is the cover page for Schedule 3 (the targets))

Page 63 (this is part 1 of the Monitoring and Evaluation plan for Business Start-ups Phase II)

Page 64 (this continues the Monitoring and Evaluation Plan detailing its role)

Page 65 (this continues the role of the Monitoring and Evaluation Plan)

Page 66 (this details a timetable for receipt of project monitoring, other reports and claims)

Page 67 (this details the timetable after 30th April 2013)

Page 68 (this continues the timetable after 30th April 2013)

Page 69 (this details what the quarterly progress monitoring reports are)

Page 70 (this details what details are to be in the quarterly monitoring reports)

Page 71 (this continues with the details about what’s to be included in the quarterly monitoring reports)

Page 72 (this continues with the details about what’s to be included in the quarterly monitoring reports and has a section on record keeping/verification)

Page 73 (this continues the section on section on record keeping/verification)

Page 74 (this continues the section on record keeping/verification)

Page 75 (this continues the section on record keeping/verification)

Page 76 (this continues the section on record keeping/verification)

Page 77 (this continues the section on record keeping/verification and has sections on risk & management and programme milestones)

Page 78 (this continues the section on programme milestones)

Page 79 (this page starts Part 2 (Evaluation Plan))

Page 80 (this continues the Evaluation Plan)

Page 81 (this details the sources of information)

Page 82 (this continues with the sources of information)

Page 83 (this continues with the sources of information)

Page 84 (this details which organisations the evaluation findings are disseminated to)

Page 85 (this is an annex containing an agenda for monitoring/audit meetings)

Page 86 (this is the cover page for the offer letter and acknowledgement (Schedule 4 (Expenditure Profile)))

Page 87 (this is annex 2.1 a project finances input sheet)

Page 88 (this is annex 2.2 detailing project finances by year in £thousands)

Page 89 (this is a table (continued at page 90) detailing expenditure by quarter)

Page 90 (this is the second part of the table started on page 89)

Wirral/LGA Improvement Board 22nd July 2013 Questions and Answers

A report on the Wirral Council/LGA Improvement Board meeting of the 22nd July 2013

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The meeting started with an apology for the cancelled meeting of the 22nd March (due to snow). The questions and answers that were sent in for the March meeting had been published on Wirral Council’s website so the Chair said she wasn’t going to cover them.

The Chair moved the meeting to the key messages from the Improvement Board’s meeting of the 17th May. Unfortunately there weren’t enough copies for the public, so the Chair instructed a Council officer to make copies and skipped forward to the next item on the agenda, questions. Nobody else had submitted any questions so all eight questions were those sent in by the author of this blog.

1. The LGA Wirral Improvement Board terms of reference state “Every third meeting of the Board will be held in public to report on progress and take questions”, however the public are only allowed to stay for the first half hour of the third meetings of the Board. Can you explain why seemingly in contradiction to its own terms of reference that the Board does not hold all of its third meeting in public and only the first three agenda items?

Response:

The LGA Wirral Improvement Board has a public session every third meeting in order to update members of the public on progress and respond to questions. These functions take only thirty minutes, depending on the number of questions, and allow the Board to consider other items in the later part of the meeting.

2. Considering that part of its terms of reference the Improvement Board is to “endorse decisions which impact on political and managerial leadership arrangements, corporate governance and improvement in advance of them going through Wirral’s own decision-making structures, e.g. Cabinet or Council” and that it is a joint committee of Wirral Council and the LGA, can you explain why the Wirral/LGA Improvement Board is not seen as a body covered by the Public Bodies (Admission to Meetings) Act 1960 c. 67, specifically referring to the reference in it that Act to joint committees of a principal council?

Response:

The LGA Wirral Improvement Board meetings are not meetings of the Council at which public functions are being exercised. Accordingly, the Public Bodies (Admission to Meetings) Act 1960 does not apply.

3. It’s previously been stated that the Wirral/LGA Improvement Board is time limited. When it ceases to be at some point in the future, what will there be in place at Wirral Council to prevent a repeat of the circumstances that led to it being needed in the first place?

Response:

The objective of the LGA Wirral Improvement Board is to monitor progress towards improvement, provide challenge and offer impartial advice. When the Improvement Board ceases it will be because the Board is assured that the issues around Corporate Governance and effective oversight provided by scrutiny have been resolved.

4. Due to the scale and nature of the problems at Wirral Council that led to the creation of the Improvement Board, some did call (and still do) for a public inquiry. Can you explain the advantages and disadvantages of an Improvement Board compared to a public inquiry?

Response:

The LGA Wirral Improvement Board provides challenge and advice to Wirral Council on its improvement plan. The Council’s Improvement plan is derived from a number of critical reports that Wirral Council received in the past. A public inquiry would not resolve the issues identified and would be likely to only restate information from these reports.

5. One of the problems previously identified by councillors on the Corporate Governance Committee was a lack of “Member capacity” to address the widespread corporate governance failings. Has Wirral Council ever thought of (or the Improvement Board ever suggested) of carrying out a community governance review and creating parish/community councils in the Wirral area?

Response:

One of the developments from the review of Corporate Governance, has been the creation of Constituency Committees. These committees, based upon the four constituencies of Wirral provide Councillors with the opportunity to make a real difference at the local level, in the wards they represent. The first meetings of these committees are scheduled for September 2013.

6. The recent Wirral Council constitutional changes included a presumption towards openness and a consideration of human rights when reaching decisions. When other Council’s such as adjoining Chester West and Chester webcast their public meetings, what are the Improvement Board’s views on Wirral Council’s recent bans on filming of their public meetings, which led to negative press coverage and guidance (seemingly ignored) being issued by DCLG?

Response:

The Council’s position on filming is set out in the Council resolutions of 12 December 2011 and 17 December 2012 in which the Council confirms its general consent to the filming of Council committee meetings. The Council’s position is consistent with guidance issued by the Secretary of State. However, it is a matter for the Council and each Chairperson of each Committee to determine what safeguards and other considerations are relevant and needed to ensure all rights considered and balanced.

7. As the Improvement Board meetings’ agendas are not published, its meetings are not held in public (apart from three agenda items of the third meeting) and few councillors attend the Cabinet meeting at which its key messages are reported to, how do the vast majority of Wirral councillors know what its doing or have an input into its deliberations?

Response:

The Leaders of the three political groups attend each Improvement Board meeting and are provided with the opportunity to represent the views of their Councillors. The outcome of the meetings are reported via the ‘Key Messages’ published after every Board meeting and group leaders are in a position to provide further details to their groups should the need arise.

8. Apart from a notice on an obscure page on its website, what publicity has Wirral Council undertaken to advise the Wirral public that they can inspect Wirral Council’s accounts between the 15th July and the 9th August and the arrangements for doing so?

Response:

Under the Accounts and Audit (England) Regulations 2011 the accounts and other documents have to be made available for public inspection. The Council has to give notice by advertisement, which appeared in the Wirral Globe 26 June 2013, and on its website, in this instance they may be found under the ‘Annual Accounts’ section of the Council’s website. The contents of the advert are specified in the Regulations.

Wirral Council (15th July 2013): Whistleblower Motion (Chief Executive’s statement)

The Chief Executives statement on the whistleblowing motion of the Conservatives (Wirral Council) from 15th July 2013

In what was a stormy evening at Wirral Council and Cllr Mitchell’s first full length Council meeting in the Chair as Mayor, the Chief Executive Graham Burgess issued a written statement to councillors and the public about the Conservative’s notice of motion on whistleblowing. His statement is reproduced below.

Statement from the Chief Executive

I would like to firstly advise a note of caution to all Elected Members when it comes to discussing individual cases. The Council in this instance has been requested to deal directly with Mr. Morton’s solicitor to seek a resolution to the outstanding issues. We are keen to reach a resolution at the earliest opportunity and have corresponded with Mr. Morton’s Solicitor to that effect.

I must also draw Council’s attention to the recent judgement by Mr. Justice Hughes in the first-tier tribunal between the Apellant [sic] and the Information Commissioner. Judge Hughes upheld the Information Commissioners decision to uphold this Council’s refusal of personal information relating to the Officers alluded to in this question. This followed his appraisal of the AKA report and all relevant information provided.

In particular it is important that Members note the following conclusions:

The information which the complainant has asked for is detailed information on personnel matters relating to the individuals concerned. This goes much further than a request to detail of any severance payments made to the individuals. It is also about the terms under which they left the authority. The public interest in knowing whether appropriate policies and procedures were followed or whether the council acted inappropriately in terms of the events outlined in the report has been served by the disclosure of the report.

The individuals identified with in the report had not been convicted of any crime. Public accountability for failing is within the Council’s practices and rests with the Council as a whole rather than with individual officers.

He concluded by finding that while there was a legitimate public interest in understanding how the Council had reacted to the report; this information would not help with that process and a balance had to be struck with respect to the rights of the individuals concerned. He found that:-

Any pressing social need for greater transparency on the Council’s reaction to the report would not be met by a disclosure of this information. He therefore considers that it would be unfair (and given the implied confidentiality of the employer/employee information, unlawful ) for the purposes of the first data protection principle for that information to be disclosed. 

In the light of the above judgement we do not consider that it would be lawful or practical to allow a further investigation into the circumstances surrounding the departure of the two Officers in question.

Wirral Council’s Cabinet Agree New Death Tax

Wirral Council’s Cabinet Agree New Death Tax | Department of Adult Social Services starts charging 4% on outstanding debt owed by the dead

Wirral Council’s Cabinet Agree New Death Tax

Seemingly at every opportunity they can, Wirral’s Labour councillors moan about the “bedroom tax” yet last Thursday Wirral Council’s Cabinet agreed a new tax on Wirral’s citizens of their own. Wirral Council’s Department of Adult Social Services, keen to find ways to pay back the temporary budget of £8.8 million they’ve been given this year, have come up with a new plan endorsed by Wirral Council’s Cabinet last Thursday.

If you owe Wirral Council’s Adult Social Services department money, have been dead for more than fifty-six days and not paid it back, Wirral Council will now charge 4% interest on the outstanding debt. Previously Wirral Council didn’t charge interest on outstanding debts if you were dead, but now trying to encourage repayment they will.

So will this change in charging policy persuade grieving relatives to clear their loved one’s debts to Wirral Council? Time will tell, but judging by a recent Liverpool Echo headline about the over five thousand Wirral residents Wirral Council is taking to court for unpaid Council Tax, a lot of Wirral people just don’t have the spare money to pay whether Wirral set an interest rate of 4% or none at all.

What do Wirral Council call this policy? It’s called Fairer Charging.