The Hitchhiker’s Guide to Wirral Council

The Hitchhiker’s Guide to Wirral Council

The Hitchhiker’s Guide to Wirral Council

                                                                

A question on councillors expenses to Cllr Adrian Jones Wirral Council 14th December 2015
A question on councillors expenses to Cllr Adrian Jones Wirral Council 14th December 2015

The following is meant as satire.

Wirral Council [The Hitchhiker’s Guide to the Galaxy] says, is one of the most perplexing organisations known to mankind. It’s motto is "by faith and foresight".

Those unfortunate individuals who have experienced its public meetings have said the experience is far worse than listening to Vogon poetry (the third worst poetry in the universe). It is hard to put into words the experience of a public meeting at Wirral Council, but to give one example one evening Wirral Council so upset the universe that nearby buildings owned by Wirral Council spontaneously collapsed to the ground merely to bring one public meeting to an end. People have been witnessed leaving meetings in tears or having to leave suddenly as the whole process made them feel ill.

It is a well-known fact across the universe that politicians seem unable to answer questions (leaving some people to wonder what planet they’re actually from). However at Wirral Council politicians have made this frankly useless skill that would in any other profession get you the sack, into the sort of art form that you’d wonder if they’d actually received a performance arts grant for this from Arts Council England.

Even if by some one in a million chance, your question isn’t consumed by the Ravenous Bugblatter Beast of Traal before a politician gets a chance to read it (or said politician hasn’t been bamboozled (which we are told by our own legal team that we have to clarify is the meaning of bamboozle to confuse) by Chief Bamboozler at Wirral Council Mr Tour first, a politician will not give you an accurate answer to the question you’ve asked. You see despite being highly paid, politicians at Wirral Council are reduced to doing something a seven-year old could do and given answers to read out that are written by other people. This is what politicians call "research".

If really pushed for an answer a politician will promise to send you a written answer (which in some cases you will not receive). This system has evolved over time so that the employees of Wirral Council aren’t put under threat by a politician actually having the chance to say anything.

A whole new industry has grown up at Wirral Council to deal with whistleblowers. Whistleblowers are seen as a threat to the smooth running of Wirral Council and persuading the public that black is indeed white. In fact anything outside Wirral Council (and indeed inside such as the trade unions) is seen as a threat to the smooth running of Wirral Council. Therefore information is controlled. English laws (in fact Wirral Council does not recognise the law as applying to it unless it decides it wants to) such as freedom of information do not apply and if Wirral Council was a country America would be referring to it a rogue state.

However back to whistleblowers. Wirral Council has a secret (not subject to freedom of information) playbook for dealing with whistleblowers and troublemakers (a category which covers pretty much everybody including its own politicians) which if it actually considered the law applied would be banned as it would be classed as a cruel and unusual punishment.

Step 1 is whistleblowers will be told they are not being "reasonable". Completely missing the irony that Wirral Council is under a legal duty to be reasonable (which it rarely is), this can be combined with lying to the world and stating whistleblowers are flat out wrong. If the word reasonable doesn’t work, whistleblowers are told they’re "inappropriate" instead.

If a whistleblower isn’t fobbed off in this way and doesn’t fall at the first hurdle and takes some bold step such as telling the press and/or regulators step 2 is employed.

Step 2 is more tricky for Wirral Council as even step 1 can spectacularly backfire (despite highly paid PR advisers). At step 2 the whistleblower is thanked, but told that Wirral Council is seeking legal advice. Properly employed this tactic can stall matters for months. Therefore nothing is done until that advice is received (this advice will however remain confidential). If by some fluke Wirral Council receives legal advice it doesn’t want, it can ask for more until it receives advice it wants to hear. At this stage Wirral Council sincerely hopes the whistleblower will just give up and not force it to step 3.

Step 3 depends on whether denying what the whistleblower stated would get you laughed at and accused of perjury if you tried it in a court of law. By this point the game is up, so it is admitted that mistakes were made in the past (although no individuals can ever be found to be accountable), lessons have been learnt and an action plan has been drawn up with recommendations to make sure it never happens again. This is known in PR terms as a partial hangout. The whole fiasco is never admitted, but it is hoped that by admitting (what by now is in the public domain anyway) that the political pressure will drop and people will "move on".

There used to be a different stage 3 which was paying whistleblowers to keep their mouths shut, but it didn’t seem to be effective.

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A farce at Wirral Council’s public question time (Act 2, Scene 1) Is Wirral Council “open and transparent”?

A farce at Wirral Council’s public question time (Act 2, Scene 1) Is Wirral Council “open and transparent”?

A farce at Wirral Council’s public question time (Act 2, Scene 1) Is Wirral Council “open and transparent”?

                                                                

A question on councillors expenses to Cllr Adrian Jones Wirral Council 14th December 2015
A question on councillors expenses to Cllr Adrian Jones Wirral Council 14th December 2015

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Wirral Council’s Public Question Time 14th December 2015

Before I write about the question I asked of Councillor Adrian Jones at public question time, I am going to explain some of the legal background, what’s happened so far and why there are echoes of the extreme lengths that the former Speaker of the House of Commons Michael Martin went to over MPs’ expenses.

There are a number of different laws (and a bit of history) here that apply to this, so I am going to start by explaining my understanding of them and explain why Cllr Adrian Jones has unfortunately fallen into the trap of believing things officers tell him and also getting bamboozled by some of the legal jargon. Here is a link to a transcript of a previous answer he gave.

I’m a local government elector here on the Wirral (basically that means I get to vote in elections to Wirral Council).

Each year, during the audit there is a period of about three weeks when local government electors have a legal right to inspect and receive free copies of accounts to be audited and copies of all books, deeds, contracts, bills, vouchers and receipts relating to them.

Wirral Council can remove any details of employees, but has to seek the external auditor’s permission (in this case Grant Thornton) to remove anything else.

This is detailed in this piece of legislation Audit Commission Act 1998, s.15.

Once the inspection period ends, there is then a period when questions can be asked of the auditor followed by a period when formal objections can be raised or requests for a public interest report.

In case Wirral Council thinks I’m picking on it, this year I made requests to Merseytravel (part of the Liverpool City Region Combined Authority), Merseyside Waste Disposal Authority (also called Merseyside Recycling and Waste Authority), Merseyside Fire and Rescue Authority and Liverpool City Council.

Each of those other bodies managed to respond and provide the information for inspection more or less within the inspection period.

Two of these authorities (Merseyside Fire and Rescue Authority and Merseyside Waste Disposal Authority) provided some of what I requested in electronic format.

For example this one contract that MFRA (Merseyside Fire and Rescue Authority) has that comes to over 11,000 A4 pages I could’ve requested in paper format, but didn’t as I was quite happy to receive it on one DVD as opposed to three large boxes of paperwork. The £1.2 billion contract that Merseyside Waste Disposal Authority provided is over 800 pages long.

Wirral Council however decided that providing me with what I’d estimate at 10% of what I asked for was reasonable. It’s not!

These other public bodies I refer to are much smaller (in terms of staff and budget) than Wirral Council, yet by being flexible saved to give the example as outlined above the internal costs of copying a contract of over 11,000 pages in length. Had I requested such a contract from Wirral Council I would still be waiting as they would insist on supplying it in paper format!

So getting back to what I did request. I requested the 44 page contract that Wirral Council has for providing taxi services to councillors, the Highway Services Contract with BAM Nuttall (you can read the first 83 pages here) Wirral Council spend roughly £5 to £6 million a year on this and the contract variations to the Biffa contract (I’m still waiting for the latter).

In addition to this I requested various invoices and to inspect the councillors’ expenses (I haven’t seen any of the latter and received about one in ten of the former).

To give an example of some of the invoices I requested, it answered the details of Wirral Council spending ~£7.2 million on agency staff/consultants as opposed to hiring to these positions. It showed that in one case Wirral Council made a senior member of staff redundant, then hired agency staff (at a vastly increased cost) to do their job. You can view some of the invoices relating to that here.

There are other categories of public expenditure that I requested from Wirral Council that are in the public’s interest to know about too.

Indeed, Wirral Council’s Cabinet itself has referred to this blog in its decision making. The accompanying report to the decision refers to the lease for the New Brighton Marine Point development at 2.5 which was published on this blog.

By reversing this decision Wirral Council saved ’thousands in the costs of perhaps adding an extra hour to the next Highways and Traffic Representation Panel public meeting, the cost of it then going on the agenda of the next Regeneration and Environment Policy and Performance Committee public meeting and the cost of a Cabinet Member finally making a decision (along with the associated costs of officers trying to persuade objectors to drop their objections).

I might point out that as I put this information in the public domain had Cabinet reversed their decision at an earlier stage the costs of consultation on the proposed traffic regulation order (an expensive public notice in the local newspaper etc) would have been saved too.

However going back to councillors’ expenses. As I have not seen any councillors’ expenses for 2014/15, my question to Cllr Adrian Jones must be classed as a request to exercise this legal right (The Local Authorities (Members’ Allowances) (England) Regulations 2003, regulation 15 to inspect such documents.

I do not like having to ask twice! Cllr Adrian Jones as far as I remember in his answer stated that these amounts were included in the annually published list both in answer to my question this week and earlier this year.

I would suspect that councillors’ use of taxis would be broadly comparable from year to year. So let’s test Cllr Adrian Jones’ assertion.

In response to this FOI request the taxi bill in 13/14 was ~£3k and Cllr Adrian Jones confirmed in answer to my question that for the 14/15 financial year the total cost was roughly the same.

Here are three councillors that got taxis in 13/14 and the costs:

Cllr Moira McLaughlin £755.30
Cllr Pat Hackett £700
Cllr Steve Niblock £493.90

Had anyone of those stopped getting taxis at Wirral Council’s expense the total amount for 14/15 would’ve dropped dramatically.

Yet here are the relevant amounts from the 2014/15 published list:

Cllr Moira McLaughlin £NIL
Cllr Pat Hackett £NIL
Cllr Steve Niblock £NIL

If these three councillors had all decided to give up getting taxis and the £NIL amounts were correct (the latter point Cllr Adrian Jones states in answer to my question) then the total amount would drop by ~£2k (the combined total of all three). However it hasn’t!

You can see the full exchange between myself and Cllr Adrian Jones below.

Cllr Ron Abbey (who is a member of Wirral Council’s Audit and Risk Management Committee) makes the point before Cllr Adrian Jones that it is implied that this is unlawful and isn’t that terrible to imply such a thing?

If Wirral Council is as strongly suspected from what is outlined above publishing incorrect figures, then it is breaching breach of The Local Authorities (Members’ Allowances) (England) Regulations 2003, Regulation 15(3).

Clearly as clearly outlined above, had Wirral Council not flouted a number of its other legal responsibilities I would be able to answer that question and Wirral Council’s cultural attitudes towards its legal responsibilities continue to have the effect of interfering with the freedom of the press and triggering the Streisand effect.

Councillor Adrian Jones makes the point that councillors are trusted not to misuse the public purse paying for their taxis.

Below is a claim form (as I’m being seasonal) from one of Cllr Adrian Jones’ party colleagues, a Councillor Peter Brennan (a councillor at Liverpool City Council) who claimed from Merseyside Fire and Rescue Authority (and was paid for) £5.64 for car mileage expenses to and from a carol concert at St Nicholas’ Church. In the grand scheme of things you may point out that £5.64 doesn’t matter and at least he didn’t get a taxi! However it’s the cumulative cost to the public purse of these matters and the excessive secrecy at Wirral Council that is leading to suspicion as to why despite Cllr Adrian Jones’ claims about openness and transparency that at Wirral Council they are being anything but on this politically sensitive topic!

Cllr Peter Brennan car mileage claim November 2014 to February 2015 page 1 of 2 thumbnail
Cllr Peter Brennan car mileage claim November 2014 to February 2015 page 1 of 2 thumbnail

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Wirral Council invests £38 million in company mired in allegations of bribery of foreign politicians and civil servants

Wirral Council invests £38 million in company mired in allegations of bribery of foreign politicians and civil servants

                                                                    

Pensions Committee (Merseyside Pension Fund) 16th November 2015 L to R Peter Wallach, Cllr Paul Doughty (Chair)
Pensions Committee (Merseyside Pension Fund) 16th November 2015 L to R Peter Wallach, Cllr Paul Doughty (Chair)

Towards the end of the BBC ten o’clock news yesterday evening after the stories about Syria, climate change and the doctors’ strike being called off there was a piece about British American Tobacco.

For those who don’t know Wirral Council (who manage the Merseyside Pension Fund) had (valued at March 2015) £38 million invested in shares in British American Tobacco. In fact it is their largest shareholding (see page 15 here). I will declare an interest as a close relative of mine is paid a pension by the Merseyside Pension Fund.

As the BBC only keep clips of the news available on BBC Iplayer for 24 hours, I felt it would be useful to have a transcript of the piece so that it reached a wider audience.

Huw Edwards: A BBC investigation has uncovered evidence of corruption and bribery at the UK’s fifth biggest company. BBC Panorama found British American Tobacco paid bribes to politicians and civil servants in countries across East Africa.

The illegal payments even undermined a United Nations initiative designed to save lives! The company could face prosecution around the world for failing to prevent bribery. BAT says it does not tolerate corruption.

Our special correspondent Richard Bilton reports.

Richard Bilton: This is northern Uganda, it’s tobacco country. Thousands of farmers work these hills, but there is another way to make money from this crop. We’re on our way to meet a very important man. This is a guy who helps to decide who gets to buy and sell tobacco and what we know about the man we’re on our way to meet is he’s corrupt.

This is Doctor Kasirivu Atwooki and we’ve seen documents that show he was paid $20,000 by BAT to change a parliamentary report. He doesn’t know, I know he’s corrupt.

If an MP, a sitting MP took a bribe, how would you feel about that?

Dr Kasirivu Atwooki: Well, that’s not acceptable.

Richard Bilton: You took a bribe though, didn’t you?

Dr Kasirivu Atwooki: Why should I?

Richard Bilton: You took $20,000 from BAT!

Dr Kasirivu Atwooki: From when?

Richard Bilton: In 2012.

Dr Kasirivu Atwooki: No, no, no, that’s not true!

Richard Bilton: Are you corrupt?

Dr Kasirivu Atwooki: I’m not!

Richard Bilton: The evidence suggests he is and we know because of this man. Paul Hopkins was in the Irish Special Forces before he joined BAT. He says he was told bribery was the cost of doing business in Africa.

Paul Hopkins: I was a commercial hit man. My job was to ensure that the competition never got a breathing space.

Richard Bilton: So BAT, they knew what they wanted you to do and they expected you to get on with it?

Paul Hopkins: Yes.

Richard Bilton: And that included bribing?

Paul Hopkins: Yes.

Richard Bilton: Breaking the law?

Paul Hopkins: Yes.

Richard Bilton: Applying pressure?

Paul Hopkins: Yes.

Richard Bilton: Undermining commercial rivals?

Paul Hopkins: Yes.

Richard Bilton: And you were happy to do that?

Paul Hopkins: Yes.

Richard Bilton: BAT sold 667 billion cigarettes last year and made £4.5 billion profit, but the documents Paul has supplied show employees paid bribes to change anti-tobacco legislation, damage rivals, even undermine the UN effort to save lives.

Bribes were paid to three officials connected to a World Health Organisation supported campaign which aimed to reduce tobacco related deaths. I showed our evidence to the woman who runs the campaign.

Richard Bilton: That’s BAT paying a representative $3,000. What do you feel about that?

Dr Vera Luiza Da Costa E Silva (WHO): It’s a company that is err irresponsible to say the least. It’s using bribery to profit at the cost of people’s lives, simple as that.

Richard Bilton: BAT failed to answer any of our questions directly. Mr Durante? So I caught up with Chief Executive Nicandro Durante as he arrived at work. Sir, can I ask you a quick question? I’m from Panorama, why did you not respond to our emails about bribery? Is that the nature of BAT Sir, that you just put up with bribery?

Richard Bilton: BAT has since told us, the truth is that we do not and will not tolerate corruption no matter where it takes place. Our accusers in this programme left us in acrimonious circumstances and have a vendetta against us. The whistleblower is due to meet investigators from the UK’s Serious Fraud Office this week to discuss the bribery secrets of one of the UK’s biggest companies. Richard Bilton, BBC News.

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In response to a FOI request Wirral Council pulls a rabbit out of a hat and the invoice mysteriously disappears!

In response to a FOI request Wirral Council pulls a rabbit out of a hat and the invoice mysteriously disappears!

                                                                 

John Booth with white rabbit
John Booth with white rabbit

Above is a picture of a magician with the famous white rabbit out of a magician’s hat trick. First the hat is empty, then the magician makes the white rabbit appear out of nowhere.

Wirral Council seem to be wanting to pull a similar magic trick when it comes to this FOI request. Let’s just recap what Wirral Council have stated so far.

On the 21st April 2015 Wirral Council refused this FOI request for the fees notes (note plural) on the basis of legal professional privilege (you can read the full text of that refusal here).

On the 11th June 2015 Wirral Council at internal review refused this FOI request for the fees notes (note plural) on the basis of commercial interests (you can read the full text of that refusal here). At internal review Wirral Council stated "The original responder considered the contents of the fees notes".

On the 27th October the Information Commissioner’s Office issued decision notice FS50585536 which required Wirral Council to produce the fees notes within 35 days.

On the 24th November Wirral Council produced one of the two which you can read about in Why did Wirral Council spend £48,384 on a London-based barrister in benefits battle with landlord?

However yesterday Wirral Council decided to show us all a magic trick.

The fee note for the £2,700 invoice, which they have been claiming for the past nearly nine months has been carefully considered by its officers when refusing this request (twice) has conveniently and somewhat mysteriously vanished.

Yes like the reverse trick of the white rabbit appearing out of nowhere and just when it would be contempt of court not to produce it, it vanishes!

Of course the observant among you will have long witnessed the "magic and miracles" that goes on at Wirral Council by its employees.

ED: 1/12/15 9:49 Just for clarity, here is the invoice this refers to which quite clearly states "See fee note attached for description of work".

I will finish with this clip of Sir Humphrey Appleby from Yes, Prime Minister. Wirral Council’s responses to FOI requests will be discussed by councillors on Thursday evening, in response to this Lib Dem motion.

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Why did Wirral Council pay £700.43 for a private company to check when a fire alarm went off at Irby Library?

Why did Wirral Council pay £700.43 for a private company to check when a fire alarm went off at Irby Library?

                                                        

Wirral Council invoice Dante Irby Library £700.43 thumbnail
Wirral Council invoice Dante Irby Library £700.43 thumbnail
Wirral Council invoice Dante Wallasey Town Hall £671.33 thumbnail
Wirral Council invoice Dante Wallasey Town Hall £671.33 thumbnail

Above are a couple of invoices from Dante Group to Wirral Council. Of course on the Dante theme, Wirral Council has its own version of the nine circles of hell in Dante’s Inferno.

Limbo is the circle that whistleblowers are sent to, lust has already been covered by the more tabloid leaning Wirral Leaks, gluttony (some politicians have fallen into this trap and it’s a shame unlike the House of Commons they don’t have to get up and stretch their legs when voting), greed is too massive a topic to go into in detail, anger (again too many examples of politicians losing their temper), heresy seems to be the circle of hell politicians fall into when somebody disagrees with them, thankfully Wirral Council is not in control of the Armed Forces so violence is rare, but allegations of fraud (which whistleblowers repeat until they’re blue in the face) still ring in the ears of those who have given up listening and of course the ninth circle of hell is one that’s wrapped up in the tapestry of Wirral’s politics treachery.

However back to the invoices (the thumbnails above link to more readable versions), the first is for one of the two most sensitive issues in Wirral’s politics that begin with l which is libraries (the other being Lyndale).

I explained to a colleague (not hard to work out who) that this invoice was for being called out to Irby Library because a fire alarm was beeping and asked her to guess how much is was for. As readers of this blog may already know Merseyside Fire and Rescue Service since 2012 don’t attend non domestic premises when an Automatic Fire Alarm goes off.

So on the 28th July 2014, Wirral Council asked Dante Group to attend Irby Library. According to something scribbled on the invoice it states "mess left (something undecipherable) by library staff Sat 26".

The public are being told that public sector bodies have no choice but to outsource to the private sector because it’s cheaper. Wirral has what used to be called the Community Patrol (before enforcement of littering got outsourced to Kingdom Security earlier this year and I think what’s left is now called the Corporate and Community Safety Team). Part of the role of the Community Patrol was to keep an eye on Wirral Council’s buildings and land.

If it was still dealt with in-house and if the Community Patrol took the long way round to Irby library, spent the whole day there and sent a team of three to investigate (along with meal expenses) I’m sure the costs wouldn’t never be as high as £700.43.

However that’s what Dante charged Wirral Council for the call out.

The other invoice for £671.33 is for fitting 1 x 8W emergency lighting tube and 4 emergency light fittings at Wallasey Town Hall and 4 12 volt batteries. Surprisingly (despite the parts) the invoice comes to £671.33 (less than the call out to Irby Library).

So if Wirral Council are paying out £700.43 each time the fire alarm goes off in a library, can they really honestly say the reason they have reduced library hours (which no doubt has led to more expensive invoices as it’s increased the hours each week libraries are closed) is because of lack of money?

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