Category Archives: Scrutiny

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15 Oct 2018

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Accountability, Audit (EDDC), EDDC, Scrutiny

EDDC’s current external auditors face probe over Patisserie Valerie

“The auditor of crisis-hit cafe chain Patisserie Valerie is facing an investigation by the industry watchdog.

Work by Grant Thornton has been called into question after bosses at Patisserie discovered a £28.8million black hole in the accounts, an unpaid tax bill and two ‘secret’ overdrafts totalling nearly £10million.

The auditor has worked for the company since 2006 and most recently signed off the books for the year to September 30, which said the balance sheet was strong and contained no borrowing.

… The Serious Fraud Office is already understood to be investigating and last night the Financial Reporting Council (FRC) confirmed it was reviewing the situation.

An FRC spokesman said: ‘We are looking into this matter carefully and will give full consideration to further action as more facts become available.’

… overdrafts with HSBC and Barclays had been run up by the company totalling £9.7million but directors only learned of them on Tuesday.

Likewise, around £28.8million that had previously been in the bank was unaccounted for and they learned tax officials were seeking to have the company wound up over unpaid bills.

… Grant Thornton declined to comment last night.”

… Cliff Weight, director of investor group Sharesoc, said: ‘I find it absolutely extraordinary that a company with revenues of £114million could ever lose track of £20million.’

https://www.thisismoney.co.uk/money/markets/article-6275371/Auditors-face-probe-Patisserie-Valerie-crisis-following-discovery-28-8m-black-hole.html

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15 Oct 2018

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Accountability, AONB, Conflict of interest, Development Management Committee, Planning System, Scrutiny

Second judicial review as a Development Management Committee defies first one!

Owl says: another “follow the money” situation?

“Folkestone & Hythe District Council faces its second judicial review in a year over a dispute concerning a proposed holiday park.

Local businessman Tim Steer was granted an application for the latest judicial review by Deputy High Court judge John Howell QC.

The case concerns an application to develop a 5.5 hectares site at Little Densole Farm, which is within the Kent Downs Area of Outstanding Natural Beauty (AONB) and locally designated as a special landscape area.

Planning and licensing committee members rejected officers’ advice and allowed the application last year, leading to Mr Steer successfully taking the council to judicial review.

When the application came before them again in July councillors again went against the officers’ recommendation and gave planing permission.

Judge Howell: “It is at least arguable that [the committee] failed to give any reasons for rejecting their officer’s appraisal that the development and associated landscaping proposed would not conserve the existing character of this part of the AONB…and that it would introduce alien and incongruous features that would permanently change the existing character of the landscape in that area.”

Mr Steer said: “Not for the first time the council will waste taxpayers’ money defending the blatantly questionable decisions of its planning and licensing committee, a committee which in my view is not fit for purpose and is unable to grasp or follow policy and legislation.

“It might appear to some that this particular committee simply follows its own agenda.”

He said the project would cause “permanent destruction” of the AONB.
Clive Goddard, chair of the planning and licensing committee, said: “Leave has been granted by the court to apply for judicial review in respect of Little Densole Farm. The council has nothing further to add and will be seeking legal advice.”

Folkestone & Hythe was known until last April as Shepway District Council.”

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=36987%3Arow-over-holiday-park-sees-permission-granted-for-second-judicial-review&catid=63&Itemid=31

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14 Oct 2018

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Accountability, Austerity cuts, Conflict of interest, Privatisation, Scrutiny, Transport (local)

Virgin and Stagecoach: more pigs, more snouts, more troughs

“Sir Richard Branson’s Virgin and Sir Brian Souter’s Stagecoach shared a payout of over £52m just months before the companies pulled out of the East Coast line, forcing a £2bn government bail out, it has emerged.

Virgin and Stagecoach received the pay out for the West Coast mainline which runs the route connecting London, Birmingham, Liverpool, Manchester, and Glasgow.

Virgin Rail owns 51 per cent of the West Coast mainline, with the remainder held by Stagecoach.

‘No surprise’

Shadow Transport Secretary Andy McDonald said Virgin Rail’s dividend increases came as “no surprise”.

“This is yet more evidence of a failing rail system which is costing taxpayers a fortune, lining the pockets of billionaires and making passengers feel like they’ve been mugged whenever they buy a ticket,” Mr McDonald told the Sunday Times.

“These vast payouts show exactly why we need to bring our railways back into public ownership.”

Virgin-Stagecoach bail out

The figures have come to light just four months after Virgin, run by Richard Branson and Stagecoach, run by Brian Souter, walked away from the East Coast main line franchise in June, three years into an eight-year deal.

The firms had agreed to pay the Government £3.3bn for the right to run the line, with the sum to be paid in instalments up until 2023.

Stagecoach had controlled 90 per cent of the franchise, compared to Virgin’s 10 per cent. Pulling out of the franchise early will allow Stagecoach and Virgin to avoid making Government payments of up to £2bn.

‘Virgin on the ridiculous’

One online critic described the situation as an “absolute laugh”, while another said: “They don’t even pretend not to be screwing over the taxpayers and the commuters anymore.

“Branson and chums make extortionate profits again while delivering nothing to rail users. It’s all Virgin on the ridiculous.”

Virgin Rail insisted its “industry-leading levels of customer satisfaction” warranted the dividends, with a spokeswoman pointing to company “innovations” such as automatic refunds for delays, free films and TV on board trains and mtickets (tickets you can buy and keep on your mobile phone).

“This drove a strong business performance which helped deliver a record payment to taxpayers,” the spokeswoman said.”

https://inews.co.uk/news/richard-branson-52m-virgin-rail-stagecoach-payout/

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14 Oct 2018

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Accountability, Democracy, Hugo Swire, Inequality, Neil Parish, Scrutiny, Transparency

Pigs and troughs …. MP outside interests and payments: some snouts much deeper in the trough than others)

They get £75 – £150 for filling out Parliamentary surveys about what they think!!! Each one taking 30-60 minutes!!!

“Posh watches, football tickets and VIP trips – what your MPs get for free
Expensive gifts, football tickets, all-paid trips abroad, second salaries and fat dividends – all the perks and benefits enjoyed by your local MP.

Second jobs, cash for surveys and income from company shares, donors and second homes – these are just some of the ways your local MP makes extra money.

Plymouth, Devon and Cornwall’s political elite – in line with the rest of parliament – routinely lay out in full their financial affairs for all to see to maintain openness and transparency.

Some through their powerful connections, seniority and expertise gain more than others – whether that be a gift from a wealthy client, cash donations from the private sector, wages from another high-flying job or all-paid for trips abroad to promote UK affairs.

Those deep inside the inner Whitehall circle are REALLY pulling in the mega bucks.

Former foreign secretary Boris Johnson was recently thrown back in the spotlight after it was revealed he’s being paid £22,916.66 a month until July 2019 by the Daily Telegraph – an annual pay packet of £274,999 – to write articles.

Plymouth Live lifts the lid on the latest round of financial declarations, dated October 1, unveiled by Parliament.

Johnny Mercer – Plymouth Moor View [Conservative]

The Tory backbencher declared in parliament’s latest financial log he’s landed a second job earning £85,000 a year – in return for 20 hours work a month.

Ex soldier Johnny has taken up the role of non-executive director for military veterans support company Crucial Academy Ltd.

That’s on top of his paycheck as a member of parliament – £77,379 – taking his total annual earnings to £162,379.

Mr Mercer, who employs his wife Felicity Cornelius-Mercer as his Principal Secretary, has also publicly declared he was paid £300 by the BBC in March this year for a three-hour appearance at the BBC Free Thinking Festival.

He also had accommodation and travel funded by the Bahrain Embassy from April 5 to 9 this year so he could attend the opening of the UK/Bahrain Naval Base, meet with Government Ministers, as well as members of the Federal National Council and senior business figures in order to build on the ‘bilateral relationship’.

Luke Pollard – Plymouth Sutton and Devonport [Labour]

Mr Pollard – elected in the 2017 snap General Election – has declared he owns a house in Plymouth worth more than £100,000.

Gary Streeter – South West Devon [Conservative]

Mr Streeter, who employs his wife Janet Streeter as a part-time Junior Parliamentary Researcher, has made extra cash filling out online Government surveys.

The senior Tory politician also declared a £3,500 watch bought for him as a Christmas present from Plymouth millionaires Michael and Diane Hockin.

Mr Streeter’s cash for surveys

9 October 2017, received £150 for completing July and September 2017 parliamentary panel surveys. Hours: approx. 90 mins (45 mins each).

20 November 2017, received £75 for completing October 2017 parliamentary panel survey. Hours: 45 mins.

5 January 2018, received £100 for completing November 2017 parliamentary panel survey. Hours: approx. 45 mins.

5 February 2018, received £100 for completing January 2018 parliamentary panel survey. Hours: approx. 45 mins.

14 March 2018, received £75 for completing February 2018 parliamentary panel survey. Hours: approx. 45 mins.

19 April 2018, received £75 for completing March 2018 parliamentary panel survey. Hours: approx. 45 mins.

25 May 2018, received £75 for completing April 2018 parliamentary panel survey. Hours: approx. 45 mins.

29 June 2018, received £75 for completing May 2018 parliamentary panel survey. Hours: approx. 45 mins.

13 August 2018, received £75 for completing June 2018 parliamentary panel survey. Hours: approx. 45 mins.

Sarah Wollaston – Totnes [Conservative]

Ms Wollaston, Tory chair of the Liaison Committee and the Health Select Committee in the House of Commons, had no financial declarations to declare.

Anne Marie Morris – Newton Abbot – [Conservative]

The former lawyer owns two flats in London and a house in Surrey which generate income.

The Tory MP has a non-paid for position for marketing consultancy firm Manteion Ltd.

She is also a ‘non-practising’ member of the Law Society of England and Wales, the Chartered Institute of Marketing and the European Mentoring and Coaching Council.

Ms Marie Morris is also an unpaid director of the Small Business Bureau.

From March 2017, she became a non-paid director of the Genesis Initiative; a body that seeks to represent small business interests of European businesses.

Ben Bradshaw – Exeter [Labour] note: it does not say here that Mr Bradshaw donates all recent MP pay rises to charity

The Labour MP has made extra cash each month filling out ‘opinion’ surveys.

Mr Bradshaw is also a member of the Humboldt Advisory Board, at Humboldt University, in Berlin.

He wrote in his financial declaration: “Where possible, I attend annual Advisory Board meetings in Berlin, the costs of which are met by the university.”

Mr Bradshaw’s cash for surveys

Payment from ComRes, Coveham House, Downside Bridge Road, Cobham KT11 3EP, for opinion surveys:

12 June 2017, payment of £75. Hours: 30 mins.

22 August 2017, payment of £50. Hours: 30 mins.

22 September 2017, payment of £75. Hours: 30 mins.

29 September 2017, payment of £150. Hours: 1 hr.

17 November 2017, payment of £75. Hours: 30 mins.

14 March 2018, payment of £75. Hours: 30 mins

16 April 2018, payment of £75. Hours: 30 mins.

22 May 2018, payment of £75. Hours: 30 mins.

25 June 2018, payment of £75. Hours: 30 mins.

23 July 2018, payment of £75. Hours: 30 mins.

27 August 2018, payment of £75. Hours: 30 mins.

13 September 2018, payment of £100. Hours: 30 mins.

Geoffrey Cox QC – Torridge and West Devon

Geoffrey Cox has been MP for Torridge and West Devon since 2005 and is said to be the highest earning MP in the House of Commons, thanks to his other role as a barrister.

Mr Cox has declared hundreds of thousands of pounds in fees paid to him by solicitor firms in return for hundreds of hours worth of work over the last year.

He owns a cottage and farmland in West Devon and owns shares in an international law firm and a property company.

Geoffrey Cox’s vast legal fees

Payments from Messrs. Janes, solicitors. Address: 17 Waterloo Place, London SW17 4AR: 8 December 2017, received £24,750 for legal services provided between 1 September 2016 and 1 October 2017. Hours: 40 hrs approx.

31 December 2017, received £3,000 for legal services provided between 4 and 7 November 2017. Hours: 5 hrs approx.

31 January 2018, received £5,000 for legal services provided between 1 December 2017 and 31 January 2018. Hours: 8 hrs approx.

16 May 2018, received £4,500 plus VAT for legal services provided between 1 September 2017 and 31 May 2018. Hours: 9 hrs approx.

13 June 2018, received £5,750 plus VAT for legal services provided between 14 March and 22 May 2018. Hours: 10 hrs approx.

Payments from Messrs. Travers, Thorp, Alberga, Attorneys. Address: Harbour Place, 2nd Floor, PO Box 472, 103 South Church Street, Grand Cayman KY1 1106: 5 February 2018, received £40,000 for legal services provided between 1 September 2017 and 18 February 2018. Hours: 60 hrs approx.

Payments from Bachubhai Munim & Co Advocates & Solicitors, 312, Tulsiani Chambers, Nariman Point, Mumbai 400 021: 27 November 2017, received £85,387.50 for legal services provided between 14 February 2017 and 12 November 2017. Hours: 170 hrs approx.

31 July 2018, received £12,500 (no VAT) for work undertaken between 1 November 2017 and 30 June 2018. Hours: 25 hrs.

15 November 2017, received £3,333.33 from Registrar of Criminal Appeals, Royal Courts of Justice, Strand, London WC2A 2LL, for legal services provided between 1 January 2016 and 15 December 2016. Hours: 10 hrs approx.

Payments from Oracle Solicitors, 182-184 Edgware Road, London W2 2DS: 15 December 2017, received £119,733.33 for legal services provided between 1 July 2016 and 30 November 2017. Hours: 350 hrs approx.

15 May 2018, received £119,733.33 for legal services provided between 1 May 2016 and 30 April 2018 and continuing. Hours: 300 hrs approx.

31 August 2018, received £88,602.67 plus VAT for legal services provided between 1 March and 9 July 2018. Hours: 300 hrs.

Payments from LK Baltica Solicitors, 4th Floor, Kings Buildings, 16 Smith Square, London SW1P 3HQ: 14 March 2018, received £2,500 for legal services provided between 1 and 31 March 2018. Hours: 5 hrs approx.

13 April 2018, received £3,000 for legal services provided between 1 March and 30 April 2018. Hours: 5 hrs approx.

15 May 2018, received £6,737.50 for legal services provided between 1 February and 30 April 2018. Hours: 10 hrs approx.

16 July 2018, received £2,475 plus VAT for work undertaken between 1 April and 30 June 2018. Hours: 5 hrs.

Payments from Messrs Rainer Hughes, Oak House, 46 Crossway, Shenfield, CM15 8QY: 16 July 2018, received £1,000 plus VAT for work undertaken between 21 September and 12 December 2011. Hours: 2 hrs.

Mel Stride – Central Devon

Tory Paymaster General Mel Stride holds a stake of more than 15 per cent in Venture Marketing Group Ltd – described by parliamentary files as a ‘publisher, organiser of exhibitions and conferences.’

Peter Heaton-Jones – North Devon [Conservative]

Tory Mr Heaton-Jones’ only declaration is that he owns a house in Wiltshire worth more than £100,000.

Sir Hugo Swire – East Devon [Conservative]

Sir Hugo has had several ministerial roles, most recently as Minister of State for the Foreign and Commonwealth Office.

Since 2016, the senior politician has earned thousands every month in prominent positions outside Parliament and holds shares yielding tens of thousands of pounds in a honey firm.

He employs his wife Alexandra (Sasha) Swire, as Senior Researcher/Parliamentary Assistant.

Sir Hugo’s outside appointments and earnings – in his own words

From 9 November 2016 until 1 June 2018, Adviser to KIS France, a manufacturer of photo booths and mini labs. Address: 7 Rue Jean Pierre Timbaud, 38130 Echirolles, France. I was paid £3,000 every month for this role.

Hours: 8 hrs per month. I consulted ACoBA about this appointment.

From 15 November 2016, Deputy Chairman of the Commonwealth Enterprise and Investment Council. Address: Marlborough House, Pall Mall, London SW1Y 5HX. From 1 April 2018 I expect to be paid £2,083 every month until further notice. Hours: 10 hrs per month. I consulted ACoBA about this appointment.

16 November 2017, received £25,000 for acting as adviser to Apiro Real Estate Fund 1 Limited Partnership, 1 Connaught House, Mount Row, London SW1K 3RA. Hours: 10 hrs. I consulted ACoBA about this appointment.

From 18 June 2017 until 4 June 2018, non-executive director of ATG Airports, Newton Road, Lowton St Mary’s, Warrington WA3 2AP. From 5 February 2018, I was paid £2,500 every month for this role. Hours: approx. 4.5 hrs per month. Any additional payments are listed below. I consulted ACoBA about this appointment.

24 November 2017, received £10,086.72. Hours: 15 hrs.

From 19 March 2018 until further notice, Non-Executive Chairman of the British Honey Company, Unit 3 Vista Place, Coy Pond Business Park, Ingworth Road, Poole, Dorset, BH12 1JY. I will receive shares with a value of £50,000, in lieu of two years’ payment. Hours: expected to be about 5 hrs a month. I consulted ACoBA about this appointment.

Neil Parish – Tiverton and Honiton [Conservative]

Mr Parish declared he’d had all his expenses covered by the Conservative Friends of Israel to go on a ‘fact finding political delegation’ to Israel from April 8 to April 13 this year.

He wrote: “Estimate of the probable value (or amount of any donation): (1) Air travel, accommodation and hospitality for myself with a value of £2,500, plus airport transfer and hospitality for my spouse with a value of £600, total £3,100 (2) For my spouse and myself, bus travel and airport VIP service with a total value of £1,300.”

Mr Parish owns a family farm in Somerset and employs his wife Susan Parish, as Junior Secretary.

Sheryll Murray – South East Cornwall [Conservative]

Mrs Murray revealed she’d secured a Tory party donation from Looe Conservative Ladies Luncheon Club amounting to £2,776.91 in 2017.

Torpoint and District Unionist Club also pledged £3,000 that year.

Mrs Murray also declared she went on an all-paid expenses trip to Armenia from 21 September to 24 September last year to attend a ‘Progressivism and Conservatism conference’.

“Airfare and accommodation for me and member of staff with a value of £2,800,” she wrote.

All costs were covered by the Prosperous Armenia Party.

Scott Mann – North Cornwall [Conservative]

Scott Mann attended the Progressivism and Conservatism conference in Armenia in September last year, expenses to the tune of £2,800 covered by Prosperous Armenia Party.

George Eustice – Camborne and Redruth [Conservative]

Mr Eustice declared that he owns a one-bed flat in London.

Sarah Newton – Truro & Falmouth [Conservative]

Sarah Newton had no financial affairs to declare.

Steve Double – St Austell and Newquay [Conservative]

In January, Winchester-based tyre firm Micheldever Tyre Service gave Mr Double two tickets to a football match and threw in hospitality and hotel accommodation in a package worth £600.

The MP is also getting paid £18,990 to act as a policy advisor for Good Faith Partnership LLP in a nine-month contract finishing in December this year.

He also joined Tories on a ‘fact-finding political delegation’ to Israel in April this year – with all his expenses being covered by Conservative Friends of Israel and Israeli Ministry of Foreign Affairs.

Mr Double’s affairs – in his words

Land and property portfolio: (i) value over £100,000 and/or (ii) giving rental income of over £10,000 a year

From 10 May 2018, a flat in St Austell, co-owned with my wife and inhabited by a family member

Shareholdings: over 15% of issued share capital

Bay Direct Media; a direct marketing company

Bay Mailing Services Ltd; a mailing house

Phoenix Corporate Gifts Ltd; a company selling branded merchandise

Family members employed and paid from parliamentary expenses

I employ my wife, Anne Double, as Principal Secretary.

Derek Thomas – St Ives [Conservative]

In 2017, the ex-property developer secured a £3,000 Tory party donation from Tresco island owner Robert Dorrien Smith.

Mr Thomas also secured £16,221 in sponsorship from Aventis Pharma Ltd for healthcare consultancy firm Incisive Health, to drive forward its Diabetes Think Tank initiative.

Since October last year, the MP has also jointly owned land, a house and a shop in West Cornwall with his wife.

Mr Thomas declared that since December 2015, he holds an interest ‘below registrable value’ in Mustard Seed Property Ltd, a community benefit society which provides housing in Cornwall for vulnerable people.”

https://www.devonlive.com/news/devon-news/mps-plymouth-salaries-benefits-parliament-2092453

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13 Oct 2018

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Accountability, East Devon Tories, EDDC, Fords of Sidmouth, Scrutiny, Sidmouth/ Sidford/ Sidbury, Sleaze, Stuart Hughes

Owl and the Say No Twitter page help out Stuart Hughes about Sidford Business Park

“Rather than attend the Say NO public meeting on Wednesday evening it appears Stuart preferred to hit the gym at some point. He was so proud of his achievements there that evening that he tweeted about it:

https://eastdevonwatch.org/2018/10/10/where-was-eddc-and-dcc-transport-councillor-during-the-say-no-to-sidford-business-park-meeting/

After that post, it appears that this was taken up on the Say NO Twitter page.

It now appears that Councillor Hughes has deleted this tweet!

Owl wonders why one would delete a Twitter post illustrating how fit one is – even if it does show where you were when a crucial public meeting was taking place on your patch. We all know how important it is to keep fit.

However, his absence is noted, especially as he was so vociferous about opposing it in 2015:

https://eastdevonwatch.org/2016/06/10/how-did-business-park-on-a-sidford-floodplain-come-to-be-in-the-local-plan/

and taking into account its grubby history of which surely no Tory politician should be proud of and ought to want to put right:

https://eastdevonwatch.org/2018/06/18/sidford-business-park-a-grubby-history/

It’s a good job that Owl and the Say No twitterati had the foresight to take a screen grab of the original tweet at the time – a great help if ever he wants to refer to a deleted tweet in future.

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11 Oct 2018

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Accountability, Conflict of interest, Fracking, Scrutiny, Sleaze, Transparency

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“Judge who jailed fracking protesters with ‘excessive’ sentence has family links to oil and gas firm”

“A judge criticised for handing prison sentences to three fracking protesters has family links to the oil and gas industry.

Judge Robert Altham jailed Simon Blevins, 26, Richard Roberts, 36, and Richard Loizou, 31, over their demonstration at a Cuadrilla site.

The trio, known as the “Fracking Three”, are believed to be the first environmental activists to be imprisoned for public nuisance since 1932.

Critics have claimed the punishment was “manifestly excessive”. Now the Daily Mirror can reveal the Altham family business supplies the Irish Sea oil and gas industry.

J.C. Altham and Sons is believed to be part of the supply chain for energy giant Centrica, which has invested tens of millions of pounds in fracking.

Judge Altham’s sister, Jane Watson, put her name to an open letter in favour of fracking, which said, “It’s time to give shale a chance” and claimed it would create jobs.

The judicial code of conduct states a judge’s impartiality may be questioned if family members are “politically active” or have “financial interest” in the outcome of a case.

Lawyers for the protesters are trying to overturn their sentences. Loizou’s mum Sharron, 62, told the Mirror: “I was completely shocked when he was jailed, the sentence is incredibly harsh. We were expecting community service or a suspended sentence.

“It’s quite scary that in this country you can be jailed for a peaceful protest.” …

Soil scientist Blevins and piano restorer Roberts were given 16-month jail terms while teacher Loizou got 15 months last month.

Sentencing at Preston crown court, Judge Altham said: “Only immediate custody can achieve sufficient punishment.”

The judge’s parents John and Linda, 86 and 84, are ­directors of J.C. Altham & Sons.

His sister Jane, 54, is managing director of the firm, which supplies ships’ stores, including food, tools, rigging equipment and clothes. The firm’s website says it is a “specialist supplier to offshore gas and oil platforms”.

Three oil rigs in the East Irish Sea – near Altham’s base at Heysham, Lancs – belong to British Gas owner Centrica, which has ploughed tens of millions of pounds into fracking firm Cuadrilla.

In 2015 Jane’s name and that of her firm appeared on an open letter backed by 119 businesses.

It urged Lancashire County Council to permit fracking and create a “£33billion supply chain”.

The campaign was led by North West Energy Task Force, which allegedly received financial support from Cuadrilla and Centrica. The NWETF was later rebranded as lobbying group ­Lancashire For Shale.

LFS has praised Judge Altham’s decision saying: “Justice was served effectively.”

But more than 200 academics signed an open letter calling for a judicial review of the “absurdly harsh” sentence. About 200 supporters of the trio marched outside HMP Preston, where they are being held, at the weekend. The trio’s lawyers have approached the Court of Appeal and asked for an expedited hearing.

It means they could be freed within weeks if Judge Altham’s sentencing decision is ruled unsafe. Kirsty Brimelow QC, of Doughty Street Chambers, has taken their cases pro-bono. She said: “These men should not be in prison at all, the sentence is manifestly excessive.”

Judges are expected to tell defence and ­prosecution lawyers if they feel their impartiality in a case may be called into question.

A spokesman for the Judges’ Council said: “There are longstanding principles, set out in case law, which guide how judges approach possible conflicts of interest. They ensure that when hearing a case, a judge will be mindful of possible conflicts of interest and can draw relevant matters to the attention of parties in the case.”

Judge Altham did not wish to add anything to the Judges’ Council’s statement.

Sister Jane, a former police officer whose husband Stephen is the Chief Constable of South ­Yorkshire Police, declined to comment today. …”

https://www.mirror.co.uk/news/politics/judge-criticised-jailing-fracking-protesters-13396324

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10 Oct 2018

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Accountability, Conflict of interest, Corruption, Developers/ Development, Lobbying, Planning System, Scrutiny, Sleaze, Transparency

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893 gifts or hospitality from developers in 6 years did not influence councillor’s decisions says Monitoring Officer [insert hollow laugh here]

On average accepted gifts or hospitality 3 times a week, every week for 6 years! But he resigned anyway ….. deja vu, deja vu says Owl!

“The Deputy Leader of Westminster Council has resigned following an internal investigation into his conduct.

Deputy Leader Robert Davis announced today he is to resign “with immediate effect” after 36 years of service.

Mr Davis’s resignation comes after he reportedly accepted hospitality or gifts 893 times over six years. These gifts frequently came from property developers who were seeking planning permission, according to the Guardian.

In a statement, Mr Davis said: “I am very proud of my 36 years’ service in local government during which I made a major contribution to the wellbeing of the City and its people.

“Earlier this year there was some press coverage concerning the hospitality I received during the course of my duties. To avoid this becoming an issue in this year’s elections, I agreed to refer myself to the Monitoring Officer, and stand aside as Deputy Leader while an investigation was carried out.”

Mr Davis, who chaired the Conservative borough’s planning committee for 17 years, continued: “My approach to declarations has always been to be honest, open and transparent. I have nothing to hide.

“I registered all my hospitality and it was posted by officers on the Council’s website. I have been making such declarations since 2007 when the requirement was first introduced.

“I also declared any relevant interests at the beginning of every planning committee I chaired during this time. I have acted with the utmost transparency and probity at all times and have only ever taken decisions on the basis of what I thought was best for Westminster.

“An inquiry has been completed by the Council. They have confirmed that none of the declarations I made or hospitality I received influenced decisions I took as a councillor and that nothing I did was unlawful.”

He said his actions “created a perception that was negative to the Council.

“While I dispute this, I wish to draw a line under the matter. It is now time for me to move on to the next stage in my life, and for the next generation of councillors to lead Westminster.”

https://www.standard.co.uk/news/politics/westminster-council-deputy-leader-resigns-after-hospitality-inquiry-a3958681.html

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8 Oct 2018

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Accountability, Education (local), Scrutiny, Spin

Statistics, damned statistics and Department of Education statistics …

“The education department’s three latest cases of statistics misuse

In his letter to Damian Hinds, the education secretary, Sir David Norgrove, the UK Statistics Authority chairman, cites three recent examples of the education department putting out false or misleading figures.

Here is the first.

Last week, the minister of state for school standards [Nick Gibb] wrote that, in an international survey of reading abilities of nine-year-olds, England “leapfrogged up the rankings last year, after decades of falling standards, going from 19th out of 50 countries to 8th.”This is not correct. Figures published last year show the increase was from 10th place in 2011 to 8th place in 2016.

Here is the second.

My attention has also been drawn to a recent tweet and blog issued by the department regarding education funding. As the authority’s director general for regulation has noted in a letter to the department today, figures were presented in such a way as to misrepresent changes in school funding. In the tweet, school spending figures were exaggerated by using a truncated axis, and by not adjusting for per pupil spend. In the blog about government funding of schools (which I note your department has now updated), an international comparison of spend which included a wide range of education expenditure unrelated to publicly funded schools was used, rather than a comparison of school spending alone. The result was to give a more favourable picture. Yet the context would clearly lead readers to expect that the figures referred to spending on schools.

And here is the third.

The shadow secretary of state for education [Angela Rayner] has written to express concerns about your use of a figure that appears to show a substantial increase in the number of children in high performing schools, as judged by OFSTED. While accurate as far as it goes, this figure does not give a full picture. It should be set in the context of increasing pupil numbers, changes to the inspection framework and some inspections that are now long in the past, as an earlier letter to the department from the Office of Statistics Regulation pointed out.

In his letter Norgrove says these cases follow four other instances in the last year when the authority wrote to the department with concerns about its presentation of data. “I regret that the department does not yet appear to have resolved issues with its use of statistics,” Norgrove says.”

https://www.theguardian.com/politics/blog/live/2018/oct/08/labour-and-tory-mayors-unite-to-demand-they-take-back-control-of-regional-spending-after-brexit-politics-live

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8 Oct 2018

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Accountability, Audit (EDDC), Conflict of interest, EDDC, Grant Thornton, Scrutiny

“Audit watchdog vows to restore public trust in sector”

Owl says: too late for us. EDDC’s then (and now) external auditor was given a consultancy contract to investigate the ramifications of the Graham Brown scandal:

https://eastdevonwatch.org/2016/03/06/external-auditors-watchdogs-or-bloodhounds/

https://eastdevonwatch.org/2017/11/08/so-guess-who-eddcs-new-external-auditors-will-be/

Maybe the Financial Reporting Council would be interested in this seeming conflict of interest?

“The UK’s audit watchdog has announced a reform programme to restore the public’s “falling trust in business and the effectiveness of audit” after its work showed that high-quality auditing was not being “delivered consistently”.

The Financial Reporting Council will implement a series of measures including increased monitoring and assessment of risks, and scrutiny of the future needs of investors and audit quality.

It will also address auditor independence, including banning accounting firms from providing consultancy work to companies they already audit.

The watchdog plans to work closely with the Competition and Markets Authority (CMA) on this issue.”

https://www.telegraph.co.uk/business/2018/10/08/audit-watchdog-vows-restore-public-trust-sector/

“

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6 Oct 2018

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Accountability, Conflict of interest, Democracy, Scrutiny, Transparency

“Secretive councils shut out reporters with ‘elaborate ruse’ ” [one our council is fond of]

And EDDC with its “working groups” (eg Knowle sale and relocation, regeneration groups, the notorious East Devon Business forum, etc). Here is a list of its “other panels and forums” most of which meet behind closed doors with no public minutes:

http://eastdevon.gov.uk/council-and-democracy/committees-and-meetings/other-panels-and-forums/

“Councils across the country are trying to evade scrutiny by restricting media access to meetings.

One authority has ordered that sensitive information be shared only on an overhead screen to prevent leaks, while Nottinghamshire county council used an “elaborate” ruse to bar journalists from a crucial meeting to discuss plans to dissolve district and borough councils and create a new super-council.

Rather than debate the proposals in public, the council established a “working group” to discuss the plans behind closed doors. The council’s constitution requires committee meetings to be accessible to the press, but working groups operate outside the transparency rules.

“It’s a political sleight of hand,” Mike Sassi, editor of the Nottingham Post, said. “They are behaving in a high-handed fashion, which just reinforces every reservation people have about modern-day politicians. It was an elaborate, detailed and thought-out attempt to circumvent transparency.”

The council’s secrecy drive failed after the working group’s discussion documents and minutes were leaked to Kit Sandeman, a reporter for the Post and the BBC. The Post has complained to the local government ombudsman.

Lucy Ashton, a reporter for the BBC, The Star and Sheffield Telegraph, was challenged at a consultation at a pub to canvass residents’ views on a redevelopment. Two city council officers were “very unhappy”, she said.

“The director said, ‘We weren’t aware you were coming. Have you informed the press office?’ I said ‘No, I don’t need to, it’s a public meeting.’ ” Ms Ashton said that it was the first time in 25 years of reporting that she had faced such hostility at a council meeting. She said: “Nowadays everything needs to go through the press office. A few years ago I would have rung a planning officer directly. All that’s gone now.” The council press office apologised to Ms Ashton and pledged to ensure that reporters felt welcome at future events.

Nottinghamshire council said that the reorganisation had already been debated three times at public meetings and that the working group had no decision-making powers. Kay Cutts, council leader, said: “There was no requirement on the council to set up a working group — it was set up solely in the interests of transparency. The working group is intended as a way of engaging members from all political groups on progress of the work.”

South Ayrshire council in Scotland has sent members on mandatory confidentiality training and restricted sending out written reports to prevent leaks.

Instead, documents containing confidential information will only be displayed on an overhead screen during council meetings. The measures were required to protect commercially sensitive and personal information, the council said.

Rules for open government:

• Journalists are allowed to report from all council meetings and given “reasonable facilities”. Guidelines state: “Councils should support freedom of the press within the law and not seek to restrict those who may write critical comments.”

• Councils must give at least five days’ notice of their meetings and publish an agenda in advance.

• Press and public can be excluded if the council decides that confidential or “exempt” information is likely to be disclosed. Members of the public can be expelled to maintain orderly conduct.

• Councils can get round the transparency rules by classifying specific meetings as “working groups”, rather than committees.

Source:The Times (pay wall)

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3 Oct 2018

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Accountability, Austerity cuts, East Devon economy, Local Government Finance, Scrutiny, Sleaze, Spin

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Very stupid Tory Minister says councils are not getting cuts just more flexible ways to earn income!!”

Owl says: As John Crace (Guardian) puts it – top Tories these days seem to be fighting over their only brain cell!

“Treasury minister Liz Truss has been branded “innumerate or inept” after falsely claiming that local councils are not facing cuts.

Philip Hammond’s deputy insisted the government was simply giving town halls more “flexibility” to raise money themselves, rather than slashing their funds.

“We are not making cuts to local authorities,” Ms Truss told BBC Newsnight.

In fact, the Local Government Association highlighted this week that funding will be reduced by 36 per cent next year, the largest annual deduction in almost a decade.

And the organisation’s Conservative leader has warned that more councils will go bust unless ministers “address the funding crisis”.

Andrew Gwynne, Labour’s local government spokesman, condemned Ms Truss’s comments, saying: “This shows she’s either totally innumerate or completely inept.

“Councils of all political persuasions are edging towards the financial cliff edge, and it’s a Tory Council, Northamptonshire, that’s the first to go bump on their watch, with others not far behind. …”

https://www.independent.co.uk/news/uk/politics/liz-truss-local-council-cuts-budget-treasury-minister-newsnight-conservative-conference-tory-party-a8566111.html

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3 Oct 2018

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Democracy, Scrutiny

BBC Radio 4 Question Time – Clyst Hydon – 9 November 2018

BBC 4 Radio programme ‘Any Questions?’ which will be taking place at Clyst Hydon Village Hall on Friday 9th November.

Doors open 6.45 pm.

Tickets from Parish Clerk:
parishclerk@clysthydon.org

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2 Oct 2018

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Accountability, East Devon Tories, Scrutiny, Sleaze, Spin

A few newspaper headlines from the Tory Party conference

An alternative view of the conference!

MP’s ‘horror’ at getting £4.2bn to digitise NHS with no plan
(BBC News)

Conservative MP slams party conference ‘narrative’ as he cannot recall a single ‘real announcement’
(Sky News)

Outrage as Tory uni society picture shows one student with Hitler-style moustache while another sports ‘F*** the NHS’ T-shirt
(Daily Mirror)

Don’t Always Believe What Tory MPs Say On TV, Says Party Grandee
(Huffington Post)

Education Secretary Damian Hinds Could Face Probe From Statistics Watchdog Over Conference Speech
(Huffington Post)

Boris Johnson And Jeremy Hunt Described As ‘D*ckheads’ By Former Tory Treasury Minister Jim O’Neill
(Huffington Post)

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29 Sep 2018

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Accountability, Audit (EDDC), EDDC, Grant Thornton, KPMG, Scrutiny

“Audit sector faces inquiry as minister points to deficiencies”

Interesting to note that a large number of people in East Devon have been pointing out deficiencies in internal and external audit foy YEARS!

https://eastdevonwatch.org/2014/09/17/please-dont-take-our-external-auditor-away-why-we-like-him-and-our-ceo-wants-the-same-auditor-at-both-councils-where-he-works/

https://eastdevonwatch.org/2015/01/15/a-question-for-the-swap-internal-auditor/

https://eastdevonwatch.org/2016/11/19/external-auditors-not-best-placed-to-review-local-plan-duh/

“The government has called for a comprehensive review of Britain’s auditing industry in what could herald huge changes to a sector dominated by the firms known as the big four.

Calls for reform have grown after the collapse of the construction giant Carillion and the former high street stalwart BHS revealed serious inadequacies in the auditing process.

The business secretary, Greg Clark, said it was “right to learn the lessons and apply them without delay” as he ordered the inquiry into competition within the industry where Deloitte, PwC, Ernst & Young and KPMG audit 98% of the UK’s largest listed companies.

“The collapse of Carillion exposed deficiencies in an audit process, where the market is dominated by just four large firms,” Clark said, in an interview with the Financial Times.

He added: “We know competition is one of the key drivers for maintaining and improving standards, so I have asked the Competition and Markets Authority to consider looking again at what can be done to improve the audit sector.”

Thousands of jobs were lost following Carillion’s collapse in January, with a subsequent parliamentary report finding that Deloitte – which received £10m to be the outsourcing company’s internal auditor – had been either “unable or unwilling” to identify failings in financial controls, or “too readily ignored them”.

Ernst & Young was paid £10.8m for “six months of failed turnaround advice”. Elsewhere, PwC was fined £10m by the Financial Reporting Council (FRC) for signing off on the accounts of BHS, before its sale for £1. The retailer collapsed in 2016, prompting the loss of 11,000 jobs.

Frank Field, the chairman of the work and pensions committee, said poor business practices were “waved through by a cosy club of auditors, conflicted at every turn”.

The FRC has previously called for an inquiry into whether the big four should be broken up, with their audit divisions spun off. This year, Deloitte warned that such a measure could affect the UK’s standing as a global financial centre.

Labour welcomed the announcement, but claimed the Conservatives were “playing catch-up”. …”

https://www.theguardian.com/business/2018/sep/29/uk-mulls-audit-sector-reform-after-minister-admits-deficiencies

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28 Sep 2018

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Accountability, Archant Press, Claire Wright, Hugo Swire, Ottery St Mary, Scrutiny, Sleaze, Spin

The mysterious case of the missing speeding Health Secretary video!

“WHY DID ITV DELETE THE FILM OF THE SECRETARY OF STATE’S CAR SPEEDING THROUGH OTTERY HOSPITAL CAR PARK?

ITV’s short clip of Matt Hancock, Health Secretary’s ministerial blue-lighted car travelling at speed through Ottery Hospital’s car park, was deleted yesterday afternoon, less than 24 hours after it was posted.
Given that the video, which was in the process of going viral, must have dismayed both Mr Swire and Mr Hancock, my suspicions are directed firmly at these two.

I will be interested to hear from the two politicians whether they played a role in removing the embarrassing footage.

The tweet in question from political correspondent, Nick Smith, also confirmed that Mr Hancock’s black jaguar, using its security alert blue lights, appeared to be fleeing the apparently terrifying prospect of talking to me and around a dozen peaceable looking residents….

Here’s the video of the ministerial car speeding away after trying to shake us off…

For more detail see…

http://www.claire-wright.org/…/why_has_itv_deleted_the_film…

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23 Sep 2018

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Accountability, Austerity cuts, Claire Wright, DCC, Health and Social Care (local), Martin Shaw (Seaton), NHS (local), Scrutiny, Transparency

“NHS meeting deemed ‘too political’ for South Devon and Torbay CCG”

From last month:

“If you’re one of those poor saps who just wants the NHS to keep on running and stay away from privatisation, you may be surprised to hear that this is all just a little bit too ‘political’ for the South Devon and Torbay Clinical Commissioning Group.

Commissioning Groups are ‘clinically-led statutory NHS bodies responsible for the planning and commissioning of health care services for their local area’. They were set up by the Tories in cahoots with the Lib Dems, reneging on the promise of no reorganising of the NHS.

Meanwhile, Devon is seeing hospitals close, bed disappear and services stretched. (There may well be something like a Hospital-Air-B&B type of arrangment in the offing, too.)

The Torbay and South Devon Trades Council have arranged a meeting at The Acorn Centre on August 23rd from 6.30pm to 830pm on ‘NHS Health and Social Care Can it Survive as a Public Service’.

NHS… not for health professionals

After seeing the five-point agenda (see below, 1 is an introduction, 4 and 5 are questions) the Clinical Commissioning Group for Torbay and South Devon decided that the topics are for politicians and not for health professionals.

This is despite them being ‘clinically-led statutory NHS bodies responsible for the planning and commissioning of health care services for their local area’.

Hey ho.”

http://www.theprsd.co.uk/2018/08/14/nhs-meeting-deemed-too-political-for-south-devon-and-torbay-ccg/

Owl says: not to worry, it is too political for the DCC Health and Wellbeing Committee too, which rushes all CCG changes through at super-fast speed and on the nod from majority Tory block-voting councillors- too much politics obviously beeing too much for their (and our) pretty little heads.

Despite Independent Councillor Claire Wright and EDA Independent Councillor Martin Shaw really, really wanting a political (and ethical) debate.

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21 Sep 2018

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Accountability, Democracy, East Devon Alliance, Scrutiny, Transparency

Cranbrook (and elsewhere) – do you want independent councillors at East Devon District Council?

For the first time next year in May 2019 , Cranbrook will be electing three district councillors to serve on East Devon District council. This happens only once every four years.

Elected councillors serve on committees such as planning, housing and scrutiny.

Councillors are paid for their time (from at least £4360 per year plus expenses):

Click to access members-allowances-2017-18.pdf

You may feel that you have a natural affinity for the ruling block on the council – Conservatives or the other party represented at EDDC, Lib Dems. Conservatives currently hold 36 of the 58 seats, Lib Dems hold 6 seats.

But what if you feel that party politics (following the orders of your national party at such a local level) is not for you?

The next biggest group after Conservatives is independent councillors. They currently hold 16 seats. There is also an Independent East Devon Alliance councillor (Martin Shaw – Seaton and Colyton) at Devon County Council but their elections do not take place until 2022.

Some Independent councillors at East Devon (10 of them) belong to the East Devon Alliance.

How come independent councillors can be in an alliance?

Well, on all matters EDA are always totally independent and free to vote however they wish – there is no Whip as there is for a political party (though, by an anomaly of the electoral system, EDA has no alternative but to register as a political party for elections because the electoral system has not moved with the times!).

EDA councillors do though share common values – a committment to accountability, scrutiny and transparency in all council business and fight hard for these values for which they find it useful to be a group supportive of each other, while maintaining their independence. They also help each other in practical ways – canvassing, leaflet distribution, advice, etc.

If you think you would like to be a councillor, check out:
https://www.gov.uk/government/get-involved/take-part/become-a-councillor

If, after reading it, you like the idea of being an Independent East Devon Alliance councillor, contact the group at:

http://www.eastdevonalliance.org.uk/admin/contact-us/

or visit their Facebook page.

(East Devon Watch is supportive of East Devon Alliance but independent in its own views)

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20 Sep 2018

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Accountability, Austerity cuts, Conflict of interest, Local Enterprise Partnership, Local Government Finance, Scrutiny, Transparency

What happens if most English local authorities fail due to inadequate funding?

Owl has a theory.

Their money (but with fewer responsibilities and much less scrutiny) will immediately be passed to Local Enterprise Partnerships!

Unelected, unaccountable, barely scrutinised they will be free to use our money however they wish. And responsible only to government.

A score of unelected business people of dubious quality, dubious expertise and with complex conflicts of interest get full power.

What could possibly go wrong?

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19 Sep 2018

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Accountability, Democracy, Scrutiny, Transparency

A personal view of scrutiny

From Peter Cleasby, a member of the Green Party, who lives in Exeter.

The Centre for Public Scrutiny has been tasked by the government with contributing to the new statutory guidance on overview and scrutiny in local government [1]. Below are my own suggestions, drawing on experience with monitoring Exeter City Council, which I have sent to the CfPS and the government.

1. There should be a requirement that scrutiny committees are constituted so as to be able to challenge ruling group proposals effectively. Exeter City Council changed its rules a few years ago to require that the chairs of scrutiny committees would be drawn from the majority party only (previously the chairs could be taken by members of opposition parties). This reduces the independence of the committees and, for obvious party political reasons, reduces criticism of leadership group proposals.

2. There should be more opportunities for members of the public to ask questions and challenge councillors at meetings. Other Devon councils allow questions to be asked at meetings of their executives/cabinets, but Exeter limits this practice to its scrutiny committees. Although the questioner is allowed to speak at the end of any discussion following the question and answer, no opportunity is provided to ask a supplementary question. This reduces the effectiveness of the challenge and the quality of discussion, and a requirement for one supplementary question would be valuable.

3. Scrutiny committees should be required to engage independent specialists to help them understand and challenge leadership proposals which have a high technical content, for example: on air quality, waste collection and disposal, estimation of housing need. This would enable officer-led proposals, often informed by consultancy studies predicated on terms of reference and assumptions issued by those officers, to be debated on a level playing field of knowledge.

4. Officers should be required to inform scrutiny committees of any representations received from organisations and individuals, whether solicited or not, relevant to an item being discussed by a scrutiny committee.

5. It should be mandatory for all proposals which would incur unbudgeted expenditure in excess of (say) £50k should be discussed at a scrutiny committee; and the proposal should state explicitly where the funding for the proposal will come from, including the impact on existing specific budgets.

6. In the interests of measuring the extent to which members of the public are having to resort to FOI Act/EIR channels to obtain information, the number, nature and outcome of all such requests such be reported publicly to each scrutiny committee cycle.

Some of these requirements will have – modest – costs at a time when local authorities are under severe financial constraints. In the interests of restoring the health of our democratic arrangements, the government should be prepared to make available additional funding to support them.

NOTES:

[1] See https://www.cfps.org.uk/3323-2/

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19 Sep 2018

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Accountability, DCC, Democracy, EDDC, Scrutiny, Transparency

Another investigation of local authority scrutiny and accountability

Owl says: The time is coming for fewer reports and more action. As an example, council CEOs should be forced to attend such committees in public to answer for their more controversial and questionable behaviour.

“The National Audit Office is to conduct a study of local government governance and accountability that will “examine key elements of local arrangements in the light of current pressures”.

The watchdog will also examine how the Ministry for Housing, Communities and Local Government, which is responsible for maintaining the overall accountability system for local government, is exercising its responsibilities as the steward of the system.

The NAO said: “Council governance and accountability arrangements are key in securing value for money locally. However, these arrangements are being tested by the current financial circumstances in the sector. Increasingly difficult decisions need to be made to protect key services and ensure financial sustainability. This includes the design and delivery of large service transformation programmes and the pursuit of new sources of revenue income through commercial investments.

“Local governance and accountability arrangements provide assurance about decision making processes and support the mitigation of risk in this increasingly challenging and complex environment.”

The NAO report is expected to be published in early 2019.

A report from the Committee for Standards in Public Life on local government ethical standards is due to come out later this year.”

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=36710%3Anational-audit-office-to-investigate-local-government-governance-and-accountability&catid=59&Itemid=27