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notes from JK

Full council 27th Jan 2011

What an extraordinary meeting last Thursday’s council meeting was… There were no high-stakes votes on budgets, the next Mayor or anything like that. But public questions and declaratory motions draw out some extraordinary outbursts.

If you want to know why the webcast is not available yet, and why the council HQ King’s House is buzzing with gossip, then this Argus report fills in the details!

I mightily enjoyed a public question by Chris Hawtree querying whether our city could become like Hove, North Dakota, USA (population: 2) if we didn’t deal robustly with the cuts. Even the Tories couldn’t keep straight faces as the parallels were drawn by Mr Hawtree.

In written questions I continued to press on open licensing of council data and also raised a question about how the council ensures premises let to clubs really are only used by clubs.

There was some posturing by all parties that night with Labour trumpeting on the Education Maintenance Allowance and School Sports Partnerships, Tories on Housing and Transport and Greens on Post Office closures and the local government settlement. Labour shadow ministers have confirmed that they too would cut local government funds — so if they wouldn’t cut the EMA and Sports Partnerships, what would Labour have cut? Clearly they’re not going to say so they can try to bank political capital on opposing every cut under the sun.

At the least minute Tories backed out of their Transport motion (which was rather silly in the first place) when they realised the opposition parties were going to amend it to bits. Their housing motion unleashed the kind of petty point scoring and ancient history lessons that makes me want to disappear under my seat. Cllr Bob Carden delivered on the EMA what I think was the speech of the night , reflecting on how he had once been unable to send his daughter to college whilst he was laid up at home with a broken leg, unable to work. A personal message, delivered simply and with heart. Cllr Carden doesn’t speak often in full council, but that was a keeper.

I had a go at the administration for failing to open up the budget process, unlike most councils which involve members of all parties in the budget detail from a much earlier stage in the process.

If I recall correctly all motions were passed (apart from the Tory transport one which they withdrew), but let’s hope the webcast comes online so we can watch the best bits!

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notes from JK

Having another crack at sorting out councillor allowances

Councillor allowances in Brighton & Hove has been a long-running issue of contention. For an age they have been deeply unfair. Putting aside whether they are too much or too little, how they are distributed across the parties is due an overhaul.

Responsibility for this work lies with an Independent Remuneration Panel who do very good work. They published a report in March 2010 which essentially sought to fix a lot of the problems with the current setup:

  • They sought to make each political group leader’s allowance proportional to the number of seats their group held on the council;
  • They wanted to abolish allowances for deputy chairs of committees (who in most cases do very little) especially as this takes us over government guidelines. Regulations suggest that only up to 50% of councillors should be getting allowances. Currently it’s 61% in Brighton & Hove and could be 67% if all available allowances were being taken.
  • They also sought to resolve the balance between ‘front-line’ and ‘back-bench’ councillors by increasing the basic allowance by 1% but not increasing allowances for senior roles.
  • Finally all of this reform would lower the overall salary bill for councillors by about £18k a year.

Now whilst only two Greens have special allowances, most of the Labour group (I think all but one from memory) and a large number of Tories enjoy such allowances as did the LibDem group (now no longer as Cllr Watkins has become an independent).

So it was disappointing, but unsurprising self-interest, when Tories and Labour voted down the panel’s recommendations last year — after an extraordinarily long delay in actually getting the report onto an agenda to vote on it. It was supposed to be voted on in March 2010 but didn’t actually emerge onto an agenda until October 2010, only for it to fall and the status-quo remain.

Well the Panel have done more good work on best practice, and good on them. They’ve stuck to their guns in seeking to reduce the number of special allowances and so on. Their work is coming to the Governance Committee this Tuesday. But guess what, the recommendation on the report (I assume on advice of the Conservative administration) is to keep the existing scheme of allowances for another year!

I shall be proposing a Green amendment to that, seeking to bring in the Panel’s recommended scheme which will be fairer, help us meet best practice and save £18k a year. Will any other parties dare to challenge the status quo and join us in supporting the amendment…? We shall see!

(I’m still mulling my traditional report of Thursday’s full council meeting. It was, despite a not particularly high-stakes agenda, rather a remarkable evening.)

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notes from JK

Labour would have cut council budgets too

A letter submitted to The Argus on 22nd December:

Sir,

Before Labour’s Lord Bassam rushes to man the barricades against the cuts (Letters, 21st December 2010), he might wish to check what his party’s position on these cuts actually is.

In response to Conservative minister Eric Pickles’ announcement of the heavily reduced local government finance settlement on 13th December, what did Labour shadow Caroline Flint MP say? That Labour too would have cut local government funding – “This is not about whether or not local government funding should be reduced,” she said because she claimed whoever won the election would have made local government cuts.

These indiscriminate cuts are ideological – a free-market bankers above nurses ideology shared by Tories, LibDems and New Labour, which Ed Milliband is unwilling to refute as shown by his October speech to the CBI.

Greens believe there are some acceptable cuts: Cutting Trident, new aircraft carriers, hugely expensive nuclear power projects and clamping down on the £30-40 billion of tax evasion for starters. Whilst our MP advocates these in Parliament, Green councillors will work with all local parties willing to reduce the worst of these cuts imposed on our council.

Sincerely,

Cllr Jason Kitcat

Finance Spokesperson, Green Group of Councillors

Brighton & Hove City Council

Kings House, Grand Avenue, Hove BN3 2LS

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notes from JK

Full Council December 2010 – the snow or no snow edition

Thursday night saw the last full council meeting of the year being held at Brighton Town Hall. It was the first without Cllr Smart who recently passed away very unexpectedly. So we heard a number of very heartfelt speeches marking the loss, particularly from Cllr Geoffrey Theobald.

On a more upbeat note the public took great interest in the meeting, the galleries were packed and we saw a huge number of public questions and petitions. Most focussed on the Bright Start nursery which the Tories have threatened with closure. The case for closure is not made, the nursery with a little management attention could easily be made viable. Rather than giving it a chance, or admitting that closing it in the middle of a school year makes no sense, they waffled. Then, with no forewarning, council leader Cllr Mears announced that a new consultation would be launched to see if parents and staff would take on the nursery themselves. I’m tired of hearing these ‘big society’ wheezes. The council is the way by which citizens are acting collectively to provide services. Why on earth should people – already with jobs and lives of their own – now run public services too when we have a council to do it?

Cllr Mears continued that evening to make numerous outbursts, often claiming them to be ‘points of order’ when in fact they were no such thing. Points of order are for highlighting breaches of council protocols and rules, not for debating matters or to get the last word as Cllr Mears was using them. Unfortunately this behaviour by his group leader put the Mayor Cllr Geoff Wells in a difficult position, and so he chose not to challenge Cllr Mears.

Anyway a Green motion on Bright Start and amendments to recommendations were both passed at the meeting, so I believe the closure plans will now have to be put on hold. Green Cllr Lizzie Deane delivered a superb speech, her maiden speech in fact, in support of the motion so victory was doubly well earned.

There was also a good crop of questions from councillors. In them I have managed to winkle out a number of commitments. Firstly Cllr Mears has agreed to advocate use of the Open Government Licence by the council, this is effectively a Creative Commons by attribution licence, thus setting the scene for much more use and reuse of council-produced publications and data.

I also learnt that the pay multiple for Brighton & Hove City Council is 13.1, which means the highest paid officer earns 13.1 times more than the lowest paid officer. Not as high as the worst offenders in the corporate sector, but still plenty of room for improvement. Cllr Mears agreed with my request to publish this figure as a regular council performance indicator.

I also used questions to pressure the council about their use of tax-evaders Vodafone and the decline of recycling rates in the city centre.

In other business the new, very much improved, council statement of licensing policy was approved. Greens were the only political group to submit ideas to the consultation process for this revision, and I was the only councillor from any party to attend the Licensing Strategy Group meeting which debated the policy. We also managed to pass an amendment which will institute a further review to expand the cumulative impact area. This area helps to reverse some of the laxity of the original 2003 Licensing Act, by making it easier to refuse new and extended licences in areas already with a high density of venues.

A number of important scrutiny reports were presented, including on city-wide 20mph limits, which stimulated heated exchanges with Cllr Geoffrey Theobald who just doesn’t quite understand the idea of large areas all being at 20mph being preferable to a patchwork of different limits. Or he didn’t appear to anyway.

Around this time Cllr Mears, in another abuse of council procedures, announced that there was heavy snow and more to come. So when the now-usual closure motion was called by the Mayor after 4 hours of business had passed, votes split as people worried about getting home. Personally I think that there are so few council meetings, and they are so important to the city, that a little bit of a late night 6 or 7 times a year is my duty. So I voted against the closure motion.

Unfortunately it did pass, and we emerged to find hardly a snowflake to be found. With her group outnumbered and out-manoeuvred had Cllr Mears used the snow to end a tricky meeting? We shall never know.

The remaining business was voted on without debate, so I couldn’t speak to the two Labour motions nor the Green motion seeking to control private rents and bring some sanity to the private rented sector.

Exactly two years go Cllr Kevin Allen had burbled a furious speech against a motion I had presented which opposed NHS privatisation. Both Tories and Labour had voted it down as their policies support PFIs and NHS marketisation. Yet this Thursday Cllr Allen was presenting a motion raising concerns over… privatisation of the NHS. Could it be?!

I share those concerns. But I’m more worried that Labour think they’re going to pull a fast one. Yes Andrew Lansley’s health reforms are shocking and regressive, but he did trail them in his health manifesto. Labour can’t now jump into the fight privatisation when for 13 years they pushed more PFIs and cracked the NHS open to corporate providers. What on earth do Labour stand for? It seems to me they like to appeal to ‘progressives’ but their agenda continues to be neo-liberal. Their shadow local government minister admitted on Monday that Labour also would have cut council budgets and they’ve not explained how or when they would have stopped the NHS privatisation process they started. Saying whatever it takes to win is not honest politics – it’s part of the problem.

Similarly, Labour’s motion on Vodafone’s tax evasion was all well and good. But Vodafone (and others) didn’t start evading tax after this May’s election… it was happening under Labour’s watch too. Anyway both of Labour’s motions and the Green motion was passed – though notably the LibDems voted against the NHS privatisation motion.

All in all a rather anti-climactic council meeting. Once again debate was cut short just before the notice of motion could be addressed. But some good results and signs that the Tories are floundering.

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notes from JK

Audit Commission in limbo

Following Eric Pickles’ sudden and unexpected decision to shut down the Audit Commission there has been an eery silence.

It emerges that this has been because there was vehement disagreement between the Commission and Pickels’ department over who would be paying for the cost of shutting it all down. One idea that was floated involved passing the costs down to councils through the Commission’s audit fees for its final year. This would have gone down like a lead balloon, and would have unfairly penalised councils for a process they had no power over.

It emerged at this Tuesday’s Audit Committee that the Commission have now agreed with the Department for Communities & Local Government that any costs which aren’t covered by the Commission’s reserves will be borne by central government. There is still no agreement on how to handle the pension fund, but at least it’s confirmed councils won’t be picking up the tab.

In the mean time what happens to the people and the Commission? Well they don’t know! Government has yet to publish a bill which abolishes the Commission. Timing is critical because shutdown can’t happen in the middle of a financial year, any slippage will push things back at least a year.

The Commission are also exploring setting themselves up as a worker-owned mutual, or selling themselves off in some way to existing audit firms. But ministers have yet to say what they might consider approving, any terms or conditions they would seek to apply such transactions etc.

So the highly qualified and experienced staff at the Commission are left to either continue in a situation of serious uncertainty or look elsewhere for a more stable working environment. Pickles has made a complete mess of what was an unnecessary and ideological closure in the first place.

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current affairs

Do the Wikileaks Cablegate leaks damage democracy?

Acres of words have been written on what Cablegate (the Wikileaks release of US embassy cables) means, changes and so on. I have tried to avoid any knee-jerk reactions on this blog, whilst watching the debates unfold.

A number of misconceptions are taking hold which are influencing discussions in unhelpful ways. Firstly, Wikileaks did not steal or take the Cablegate cables. Someone passed them to Wikileaks, that’s what a leak is! So whilst the leaker may have broken laws and their terms of employment, Wikileaks haven’t. Neither have the New York Times, The Guardian, El Pais and the other media organisations who also are publishing the cables.

So, if you deplore the breach of confidence by the leaker, that’s fine — but don’t blame Wikileaks and other media organisations for it, the press can’t help but publish good stories that are in the public interest.

Again, if you deplore the leaks, then consider the poor security which enabled over 2 million US personnel access to these cables in such a way that they could be downloaded and leaked so readily. This further highlights the risks of centralised databases with wide-scale networked access. The system wasn’t cracked, a technical flaw wasn’t exploited, someone authorised to use the system just downloaded everything there.

Persecuting Wikileaks only serves to make them more of a rallying point giving them stratospheric profile, and makes them an even more obvious recipient for future leaked materials. So, in their doomed attempts to close them down, the US have succeeded in making the Wikileaks brand stronger than ever.

As for the leaks themselves, are they so bad that democracy and diplomacy are damaged? No. Of course everyone needs some confidentiality to think and debate their work before it is public. Apple wouldn’t want us to see each of their failed prototype gadgets, politicians want to be able to explore all options (even the unthinkable) and diplomats need to have conversations with all sorts of people, not just official points of contact.

However the cables show that confidentiality has been exploited, national security has been abused to cover up information which should be public. Every nation involved in Afghanistan needs to know why the US military are taking a 15% cut off financial support directed there. Dutch voters need to know about nuclear weapons on their soil. British voters need to be aware of the true story behind the release of the Lockerbie bomber. And so on.

To my mind issues of that nature should never have been withheld from the public in the first place. They are clearly of great public interest. That such significant issues have been withheld shows an astonishing disregard by governments for the public and disdain for accountability.

This attitude is worryingly widespread, governments across the world are implicated by these cables in hiding vital issues from their public. This indicates that it’s not a system or cultural failure in one specific democracy. It is human nature to protect one’s own, and also to use restricted access to information as a source of power. So the question for me isn’t about Wikileaks or diplomacy, both of which will surely carry on more or less as before, but about constructing accountability. How, given the massive imbalance in power and information, can citizens effectively hold governments to account when they can use ‘official secrets’ to protect themselves?

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current affairs

What are council reserves?

Yesterday, amid all the snow-related stories, Eric Pickles the Tory local government minister issued an extraordinary statement about council reserves:

“…building up reserves isn’t simply about turning town hall vaults into Fort Knox. These untapped funds exist to ensure councils can respond to unexpected situations like the pressing need to tackle the nation’s unprecedented level of debt.”

Naturally this got widely reported, along with figures on local authority reserve levels e.g. The Argus writing “Sussex councils holding on to more than £387 million between them”

The problem with all this is that most council reserves are not there for emergencies. Of the £65.8m reported as being in Brighton & Hove City Council’s reserves, the vast majority is allocated. About £9m is the general reserve which is for use in case of unexpected issues like severe weather, swine flu, terrorism or a major financial hiccup. Certainly some of that could be used to bridge a gap in the council’s budget whilst trying to meet the coalition government’s cuts.

The rest of the ‘reserves’ are more like separate savings accounts for specific purposes. For example one is used to tuck away money for big IT spends — we don’t have enough spare cash in one year to buy these big ticket items so we save up for them — just like people do. We also put away money for things like the cost of major, long-term contracts such as the waste Private Finance Initiative deal with Veolia. Capital costs, for building and refurbishing, are also set aside in ‘reserves’ while the projects are tendered for and delivered. It’s money we have to spend, not spare cash.

If Eric Pickles was just an uninformed commentator this wouldn’t be worth my noting. But Pickles is a former leader of Bradford Council, an MP and the minister responsible for Local Government. He knows full well that most council reserves are not available for general spending. The cynicism of his intervention, just before the details of local government cuts are published, is quite breath taking. He has managed to put a story out there which implies councils are sitting on piles of unused cash whilst heartlessly cutting services.

Pickles knows no shame and is an ideological cuts man through and through, as he was on Bradford Council. The reasons Councils are going through contortions to save money and cut services is because that is what the ConDem government and Eric Pickles want. Labour planned cuts too, and stick by that message post-election. Only Greens proposed finding new sources of revenue by reducing tax evasion and increased top-rate taxes. We will keep putting the alternative out there and working constructively to prevent the worst cuts.

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notes from JK

Why I’m wearing a white poppy this November

This November I’m wearing a white poppy on my coat lapel. It’s from the Peace Pledge Union, a fascinating organisation which dates from 1934.

For me the white poppy acknowledges the loss and suffering of so many in conflicts from all sides: Soldiers, spies, resistance fighters, prisoners, wives, children. Yes, our armed forces have sacrificed enormously – but why should injured soldiers and widows depend on charity from the Royal British Legion for their care? Government sends them into danger, government should give them the care they deserve.

The white poppy is also pledging to find peaceful ways to resolve conflicts. Much more time and energy needs to go into developing non-violent ways of ending conflict. Too many people have died in conflict, yet nations seem content to pour billions into arms and scant pennies into the alternatives.

Read more and buy white poppies on the PPU site.

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current affairs

YouTube Tribunal Success!

Today was the culmination of a process which began in early 2009 when Conservative Cllr Ted Kemble filed a complaint against me for putting clips on YouTube. The full background can be read in my previous blog posts.

The Tribunal hearing was held in a room at the Hilton Metropole Brighton hotel. This was arranged by the Tribunal service. Whilst I was grateful for a good number of supporters in the public gallery, in the hot seat it was just me there to represent myself.

The Council on the other hand had brought Mr Wayne Beglan, an outside barrister along with two council solicitors, a press officer and the Chairman of the Standards Committee.

The Tribunal consisted of Simon Bird QC, Narendra Makanji and David Ritchie. I don’t know Mr Ritchie’s background, Mr Makanji is a Labour activist and involved in a number of public bodies. Mr Bird is a barrister from the same chambers as the Council’s barrister Mr Beglan. However that didn’t stop him rather comprehensively demolishing some of Mr Beglan’s arguments during questioning!

I presented my arguments first. You can view my notes for my presentation here [PDF], though I did range beyond my prepared remarks as the presentation unfolded. The tribunal panel challenged me on a number of points, but mainly on my argument that the code of conduct didn’t apply because I wasn’t acting in my official capacity as a councillor when uploading videos to YouTube. I had difficulty providing clear-cut, legally grounded responses to some of their questions and so I wasn’t surprised when in their judgement they didn’t agree with this specific argument. Thankfully that didn’t affect the positive outcome.

Then the City Council’s barrister made his remarks. I found them to be rather piece-meal and quite often misleading if not factually incorrect. It is hard to tell if these were deliberate attempts to spin the Council’s case or just oversights through failure to fully review all the paperwork. Mr Beglan tried to conjure up a view that I had changed my arguments each time I had been asked to defend my actions. But in fact I was able to rebut this with the paperwork already before the tribunal.

Mr Beglan completely failed to take on my arguments that the Council’s interpretation of the code of conduct impinged on my European Convention on Human Rights article 10 rights to freedom of speech.

I then had a chance to rebut Mr Beglan’s presentation, though the panel through their questioning had done better work than I could have done. To be fair to him, it wasn’t easy to defend the Standards Committee’s original decisions.

Much of the debate ended up being about what constitutes a council resource and what would be improper use of such a resource. Many metaphors and examples were wheeled out, which I think were helpful in exploring the ideas. In the end the copyright issues surrounding the webcast were sidelined by the primacy of the article 10 issues. But it wasn’t disputed that there are exceptions to copyright protection which I could use to legally excerpt clips, and I think this contributed to the view that no resources as meant by the code were used by my actions.

Essentially it came down to this… The Council’s interpretation of the code would result in discrimination against me because I was a councillor — members of the public could do what I had done without restriction, so why couldn’t I? The code of conduct could not and should not be interpreted to restrict my rights to freedom of political expression.

So after an adjournment of an hour and twenty minutes the panel returned to find that they agreed with me that I had not breached the code of conduct. They rejected the findings of the Standards Committee and the sanctions immediately cease to have effect.

The tribunal’s full reasoning will be published in 14 days and there are 28 days for the Council to apply for leave to appeal. In summary the tribunal stated, in reference to my actions that:

6.1 He did not fail to treat Councillor Theobald with respect;

6.2 The resources of the Council which he used in posting the video clips fell outside the scope of the resources to which paragraph 6b(ii) applied;

6.3 To find the Appellant breached paragraph 6(b)(ii) of the Code on the facts of this case would involve a disproportionate interference with his right to freedom of expression protected by Article 10 of the ECHR.

Whilst a stressful day, I didn’t find the legal debate and questioning quite as difficult as I had feared. For someone representing themselves (I refused to spend any money on this) I think I did reasonably well, mainly because a number of very kind people offered me tips and read my notes ahead of the hearing. Thank you to everyone who supported me in person, with messages or by signing ORG’s action on this.

I am absolutely delighted with the outcome. It completely erases the original sanctions and findings. It also shows that the code of conduct cannot be used to stifle freedom of expression, which is exactly what the local Conservative councillors were trying to do in filing the complaint in the first place. I address this further in the press release. For as long as the code of conduct still exists (Mr Pickles says it will be go), this result is important in giving councillors across the country greater confidence in their ability to express themselves freely.

Now, back to the work of representing my constituents as best I can. But I will also be following this up looking into a variety of issues. The Tribunal chose not to address my concerns with how the original Standards Committee panel worked including Cllr Lepper claiming not to have seen the videos in question (as supported by witness statements I collected) but then the Standards Committee subsequently flatly denying she said this. Also did the council really need to send so many people to the Tribunal, why did they fight my appeal so hard?

UPDATE: Freedom of Information request now filed. Cllr Kemble and the chair of the original Standards Committee hearing panel are spinning that all I had to do was apologise. No, I overturned being found guilty of improperly misusing council resources (a serious finding which I had to clear) and faced censure + suspension unless I apologised and submitted to re-training.

UPDATE 2: You can hear on BBC iPlayer the tribunal being discussed on BBC Sussex Radio before and after the result. In the second piece Dr Wilkinson from the Standards Committee and Cllr Kemble both participate, sounding rather unrepentant if you ask me!

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notes from JK

How we treat children is a reflection of what we consider to be important

After the Tories had passed their guillotining motion to end last Thursday’s council meeting, all remaining business was put to the vote. I was delighted that the motion Cllr Rachel Fryer and I proposed was passed in that process. However, that we were not able to debate it was a source of regret to me.

Here’s what I would have said…

Full Council 21st October 2010

Speech seconding Notice of Motion on Cuts hitting Children & Young People

Mr Mayor I stand to second this motion as a father, as a son and as someone who believes that family is about community and not just blood ties.

Greens don’t believe there is an economic case for sudden, deep government cuts at this time. However if there must be cuts, they certainly should NOT hurt the most vulnerable and those least able to make the case for the services on which they depend.

It’s a truism to say that children and young people are our future. I believe that how we treat children – who are inherently innocent and trusting – is a reflection of ourselves and of what we believe to be important.

Good health, education and fulfilling work are important. Yet the cuts this motion notes say the opposite. The cuts say bank bailouts, subsidies for nuclear power and cold war era arms like Trident are more important. They are not.

– freezing child benefit for three years;

– cutting the Health in Pregnancy Grant;

– cutting the Sure Start Maternity Grant for all but the first child;

– cuts in Housing Benefit – which will affect families with children the most;

– a cut in Tax Credit entitlements for the poorest by withdrawing the Baby Element;

– the cut in the Child Trust Fund.

These and other cuts say children aren’t important. But that’s not what we believe – children are our future and our inspiration.

Let us show this city what we believe in. By supporting this motion you vote for hope in a better future for our children.

[ENDS]