Proposed by Councillor Jeff Green

Seconded by Councillor Simon Mountney

(1)  Council notes it has been seven months since the former leader of the Council requested Officers to contact Mr Martin Morton to offer him a position back with the Authority following the report of Mr Martin Smith, Independent Associate Consultant, North West Employers and that to date, due to a lack of urgency by the new administration, this matter has still not been resolved.

(2)  Council further notes it has been over two months since the Leader of the Council received the two AKA reports, commissioned by the then leader of the Council, into the circumstances surrounding the Martin Morton ‘scandal.’

(3)  Council believes that justice delayed is justice denied and calls for the immediate publication of the additional two AKA reports (Executive Summary & Full Report) into this matter.

Amendment submitted in accordance with Standing Order 7(2)

Proposed by Councillor Adrian Jones

Seconded by Councillor George Davies

Replace paragraphs (1) (2) and (3) with the following new paragraphs:

(1)  Council does not believe it appropriate for negotiations between an individual and the Council to be made the subject of a public debate at Council. Council recognises however that these negotiations have been protracted and urges those concerned to reach a speedy conclusion in the interests of all concerned.

(2)  Council welcomes the fact that the AKA inquiry, commissioned by the former Leader of the Council, identified key issues of Corporate Governance which needed to be addressed, dating back through several different forms of political administration, from Majority, to Minority, to Coalitions of different persuasions. Council further welcomes the fact that this report was published as rapidly as possible to allow all three parties to work together to tackle the challenges to good Corporate Governance on Wirral.

(3)  Council believes that the Leader of the Conservative Group is well aware of the legal constraints on publication of the remaining elements of the report until a Right of Reply process has been completed and it is disingenuous for him to imply that there is any other reason for its delay, or that the Leader of the Council is in some way “sitting” on a draft report that has been shared with opposition leaders.

(4)  Council further believes that natural justice is best served by allowing the Right of Reply process to be completed before publication and preserving proper confidentiality until that point, as good Corporate Governance would demand.

Having applied the guillotine in accordance with Standing Order 7(8) the Council did not debate this matter.

In response to a Member’s question the Director of Law, HR and Asset Management reminded the Council that he had sent an email to all Members (a copy of which had been circulated to all Members) with legal advice on the question of publishing AKA’s preliminary draft report.

The amendment was put and carried (37:26) (The Mayor and Councillor Mrs P M Williams abstaining).

The substantive motion was put and carried (37:26) (The Mayor and Councillor Mrs P M Williams abstaining)

Resolved (37:26) (The Mayor and Councillor Mrs P M Williams abstaining) -

(1)  Council does not believe it appropriate for negotiations between an individual and the Council to be made the subject of a public debate at Council. Council recognises however that these negotiations have been protracted and urges those concerned to reach a speedy conclusion in the interests of all concerned.

(2)  Council welcomes the fact that the AKA inquiry, commissioned by the former Leader of the Council, identified key issues of Corporate Governance which needed to be addressed, dating back through several different forms of political administration, from Majority, to Minority, to Coalitions of different persuasions. Council further welcomes the fact that this report was published as rapidly as possible to allow all three parties to work together to tackle the challenges to good Corporate Governance on Wirral.

(3)  Council believes that the Leader of the Conservative Group is well aware of the legal constraints on publication of the remaining elements of the report until a Right of Reply process has been completed and it is disingenuous for him to imply that there is any other reason for its delay, or that the Leader of the Council is in some way “sitting” on a draft report that has been shared with opposition leaders.

(4)  Council further believes that natural justice is best served by allowing the Right of Reply process to be completed before publication and preserving proper confidentiality until that point, as good Corporate Governance would demand.