What did Surjit Tour answer to questions about a Freedom of Information request to Wirral Council at the First-tier Tribunal (Information Rights) hearing (EA/2016/0033) (continued)?
What did Surjit Tour answer to questions about a Freedom of Information request to Wirral Council at the First-tier Tribunal (Information Rights) hearing (EA/2016/0033) (continued)?
At the outset I will make four declarations of interests.
1) I am the Appellant in this case (EA/2016/0033).
2) My wife was my McKenzie Friend in case EA/2016/0033.
3) I made the original Freedom of Information request on the 29th March 2013.
4) I am referred to by name (Mr. Brace) in paragraphs 1, 4 and 5 of the witness statement of Andrew Roberts.
Hearing: EA/2016/0033
Court/Room: Tribunal Room 5, 3rd Floor
Address: 35 Vernon St, Liverpool, Merseyside L2 2BX
Date/time: 16th June 2016 10:15 am
First-tier Tribunal (Information Rights) (General Regulatory Chamber)
First-tier Tribunal Judge Mr. David Farrer QC
First-tier Tribunal Member Mr. Michael Hake
First-tier Tribunal Member Dr. Malcolm Clarke
Appellant: Mr John Brace
First Respondent: ICO (Information Commissioner’s Office)
Second Respondent: Wirral Metropolitan Borough Council
The below is an incomplete record written up from my handwritten notes made at the hearing. The below does not cover some of the sections when I am speaking due to the difficulties in taking notes as doing that you end up facing the paper you’re writing on.
What did Andrew Roberts answer to questions about the Headteachers’/Teachers’ Joint Consultative Committee at the First-tier Tribunal (Information Rights) hearing (EA/2016/0033) (continued)?
At the outset I will make four declarations of interests.
1) I am the Appellant in this case (EA/2016/0033).
2) My wife was my McKenzie Friend in case EA/2016/0033.
3) I made the original Freedom of Information request on the 29th March 2013.
4) I am referred to by name (Mr. Brace) in paragraphs 1, 4 and 5 of the witness statement of Andrew Roberts.
Hearing: EA/2016/0033
Court/Room: Tribunal Room 5, 3rd Floor
Address: 35 Vernon St, Liverpool, Merseyside L2 2BX
Date/time: 16th June 2016 10:15 am
First-tier Tribunal (Information Rights) (General Regulatory Chamber)
First-tier Tribunal Judge Mr. David Farrer QC
First-tier Tribunal Member Mr. Michael Hake
First-tier Tribunal Member Dr. Malcolm Clarke
Appellant: Mr John Brace
First Respondent: ICO (Information Commissioner’s Office)
Second Respondent: Wirral Metropolitan Borough Council
The below is an incomplete record written up from my handwritten notes made at the hearing. The below does not cover some of the sections when I am speaking due to the difficulties in taking notes as doing that you end up facing the paper you’re writing on.
EU Referendum: A look back to 1975, the AV Referendum and what will happen next?
The big political story that seems to completely dominate the news cycle now is the EU Referendum (in which Wirral Council are running the election here on the Wirral).
I was present six years ago at the count in Wallasey Town Hall for the AV Referendum (you can see below the photos I took) and it was obvious before the result was declared which way people felt on that issue.
AV Referendum count Civic Hall Wallasey May 2011 photo 2 resizedAV Referendum count Civic Hall Wallasey May 2011 resized
However in around a fortnight we’ll know the outcome of the EU Referendum and I’ve seriously (although I’ve made my mind up which way I’m voting) no idea which way it’ll go.
The opinion polls are so close that the difference between remain and leave is within the margin of error of the poll. Essentially what this means is that the EU Referendum will be decided by people who haven’t made their mind up yet.
I am also sensing a generational divide in how people talk about the EU Referendum. My generation was born in a UK that was part of the EU. We have no personal experience of what it was like before the UK joined. We’ve never been asked to vote on it. We also never lived through a European war (apart from the Yugoslav wars).
The older generation (who are more likely to vote and pensioners also have the time to be politically active) still remember the horrors of World War II. Some of them lived through it. It was something that deeply affected them and their families.
Yet it was out of people who had known the horrors of war that the European dream was created. So what did the dreamers of the European dream want?
They wanted countries to work together for the common good, to respect human rights so the horrors that happened during two world wars wouldn’t happen again (or at least if any tried something similar they’d be punished), for European people to respect the rule of law, for there to be democracy, justice, free trade, to eradicate poverty* and to promote peace.
*No James, they didn’t want Wirral Council to bungle the handling of European money for economic regeneration.
Fine ideals in principle that not many would argue are a “bad idea”.
However either it hasn’t worked out quite how the idealists planned it to and/or Europe just gets a bad press in this country?
People in this country (including myself) campaigned against going into Iraq again in 2003 (yes I had a political past as an activist). I’m still not holding my breath over the publication of the Chilcot report, however I did at the time when I read the "dodgy dossier" describe it as propaganda, but as the cliché goes lessons need to be learnt (albeit 13 years after it happened). However that is besides the point.
The outcome of the AV Referendum on Wirral five years ago was very clear-cut.
Yes – 28,627 (28.1%)
No – 73,120 (71.9%)
It was a vote for keeping things the same, for the status quo. Lots of people had voted using first past the post for generations and even those pressing for voting reform really wanted STV (Single Transferable Vote) not AV (which was seen as a compromise).
However, back to the EU Referendum. Personally I don’t know what will happen next if a majority vote to leave. If truth be told, nobody really does. Predictions seem to be the verbal equivalent of crystal ball gazing dressed up in soundbites designed to arouse an emotional response from voters and attract press coverage.
For my generation a vote for the status quo, therefore the situation they’ve known all their lives is a vote to remain. For others who have known more of their life in the UK outside the EU the status quo is different.
So what was the result in 1975?
This was what was asked then (seems very similar to what’s been asked now really).
The Government has announced the results of the renegotiation of the United Kingdom’s terms of membership of the European Community.
Do you think the United Kingdom should stay in the European Community (the Common Market)?
Yes 17,378,581
No 8,470,073
The Tory infighting over this issue has however damaged them as a political party. To be fair though, they’re not the only political party that has been split on the European issue.
On the 23rd of this month when people will be voting in the polling stations I hope they will think through their decision.
Although I have made up which way I am voting, the choice is down to you (or at least the readers of this who have a vote or some influence in it). Think through what will happen next after the votes are counted.
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PC David Phillips, killed in the line of duty, awarded Freedom of the Borough by Wirral’s councillors at emotional meeting
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Video above is of the public meeting of Wirral Council held on the 20th May 2016 to award the Freedom of the Borough posthumously to PC David Phillips.
Mayor and Mayoress of Wirral presenting a Freedom of Borough award for PC David Phillips posthumously at the Extraordinary Council meeting of Wirral Council held on the 20th May 2016
The highest honour Wirral Council can bestow on a Wirral citizen is called Freedom of the Borough. Wirral Council councillors decided last Friday evening to give this award posthumously to PC David Phillips and make him an Honorary Freeman of the Borough.
Last year PC David Phillips had been trying to stop two burglars who were fleeing the scene of their crimes in a stolen red Mitsubishi pick up truck. The truck was being chased at high-speed through the Wirral streets at night by police cars.
He had put a ‘stop stick’ (used to burst a vehicle’s tyres) across the Wallasey Dock Road in Seacombe and was waiting for the truck to go over the ‘stop stick’ to bring the high-speed chase to an abrupt halt.
The fleeing burglar avoided the ‘stop stick’ across the road by crashing the vehicle into PC David Phillips. PC David Phillips was struck by the front of the Mitsubishi pick up truck and his colleague PC Thomas Birkett jumped out-of-the-way. PC David Phillips then tragically died of his injuries. The driver, who didn’t stop at the scene was later convicted in Manchester Crown Court of manslaughter and sentenced to twenty years. He was also banned from driving for three years.
PC David Phillips left behind a wife and two young daughters.
The Bishop of Birkenhead Rt Reverend Keith Sinclair started the meeting with a prayer.
After apologies were given for councillors who couldn’t make it to the meeting, the Mayor of Wirral asked for a round of applause for the police band, who had been playing before the meeting started in the lobby to Wallasey Town Hall.
The Mayor of Wirral Cllr Pat Hackett explained the background to why the award was being considered. Leader of the Labour Group Cllr Phil Davies nominated the motion to award Freedom of the Borough to PC David Phillips.
Leader of the Conservative Group Cllr Jeff Green and Leader of the Liberal Democrat Group Cllr Phil Gilchrist jointly seconded the nomination and both spoke in favour of granting the award to PC David Phillips.
PC Phillips’ father Robin Phillips spoke about how honoured and proud the family was that he was nominated for this award and described the goodwill his family had received following PC Dave Phillip’s death.
Sir Jon Murphy QPM (Chief Constable for Merseyside Police) described it as a “wonderful honour”.
Cllr Lesley Rennie (a former police officer) in an emotional speech spoke of the culture in the police force and how he would not be forgotten.
The scroll and mounted award was then presented to PC Phillips’ widow and children by the Mayor & Mayoress. A second duplicate mounted award was then presented by the Mayor and Mayoress to PC Phillip’s father Robin.
The Mayor of Wirral Cllr Pat Hackett and before ending the meeting thanked all those who had attended.
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WIRRAL COUNCIL goes to the dentist: a short play about FOI and local government
The below is written in memory of my late Great-Uncle Joe who before he retired taught dentistry. I am currently writing an e-book about freedom of information of which the below is an excerpt.
ICO Information Commissioner’s Office logo
WIRRAL COUNCIL, a "most improved" Council is in the dentists’ chair looking worried.
Hovering above the patient in the dentists’ chair is MR BRACE, the dentist. Every tooth of WIRRAL COUNCIL he has taken out before is displayed proudly in a cabinet in the waiting area and visitors leave comments about them.
WIRRAL COUNCIL (mumbling and looking worried): You want to take my teeth out, again!? So the public can look at my teeth!?
MR BRACE: Only some of them, don’t worry you’ll grow new ones! Or I could take X-rays of them instead?
WIRRAL COUNCIL (mumbling): I’ll have to think about this and get back to you in twenty working days.
Twenty working days pass. Nothing happens. MR BRACE phones WIRRAL COUNCIL.
MR BRACE: You said you’d get back to me!
WIRRAL COUNCIL (alarmed): Sorry, it will all cost too much and end up taking over 18 and a half hours of my time! (slams the phone down)
MR BRACE rings WIRRAL COUNCIL again.
WIRRAL COUNCIL (even more alarmed): Sorry now you’re just being… vexatious! (slams the phone down again)
MR BRACE rings ICO and tells them what happened.
A year later WIRRAL COUNCIL rings the dentist.
WIRRAL COUNCIL: Sorry I’ve changed my mind you’re not being vexatious, but it’ll still cost too much!
ICO after a year of scratching their head tell WIRRAL COUNCIL it won’t cost too much.
WIRRAL COUNCIL takes some of its teeth out (reluctantly) and hands them to the dentist. It claims despite conducting a thorough search of its own mouth, that the teeth it thought it had, and claimed it had and had been telling everyone it used for chewing food for two years, aren’t actually there.
It tells MR BRACE and ICO that he cannot have the other teeth because they contain "personal data" and after consulting its solicitor that to hand over some teeth would be "prejudicial to the effective conduct of public affairs".
MR BRACE asks WIRRAL COUNCIL to think again. WIRRAL COUNCIL says no, so he asks ICO.
WIRRAL COUNCIL (after trying to ignore MR BRACE) tells him and ICO that MR. BRACE is being vexatious and he can have no more of its teeth.
Then WIRRAL COUNCIL changes its mind and over two years after this saga started, hands over one more of its teeth (but with bits blacked out). Eventually it removes the blacked out bits.
ICO tell WIRRAL COUNCIL it is being very naughty with MR BRACE, feels sorry for Wirral Council so it let’s it keep one tooth, but also says to stop calling MR BRACE vexatious. ICO asks WIRRAL COUNCIL to provide a fresh response.
WIRRAL COUNCIL doesn’t like this!
WIRRAL COUNCIL just refers MR BRACE and ICO to its earlier decisions.
MR BRACE contacts ICO again. However ICO conveniently lose what most of what MR BRACE told them.
ICO tell WIRRAL COUNCIL once again it is wrong, ICO tell WIRRAL COUNCIL to hand over two more of its teeth.
MR BRACE thinks the whole thing (now lasting over 3 years) is getting very silly indeed!
So he asks for a meeting, where independent people at a "Tribunal" can decide whether WIRRAL COUNCIL should have to hand over its teeth (whether blacked out or not).
WIRRAL COUNCIL hands over two more of its teeth, again with bits blacked out.
WIRRAL COUNCIL hires a barrister to plead with the Tribunal to help keep its teeth.
ICO says its not going to come to such a meeting about WIRRAL COUNCIL‘s teeth but sends a written response.
A hearing date is set (16th June 2016 starting at 10:00am at The Employment Tribunal, 3rd Floor, Civil & Family Court, 35 Vernon Street, Liverpool, L2 2BX) and the rest is yet to be decided!
But why is making a simple FOI request like pulling teeth?
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