Posts Tagged ‘hove’

On the joint Green/Labour budget amendments

March 3rd, 2011

At tonight’s budget council meeting I will be proposing our Green Alternative Budget, setting our the Green vision of what we do if we were in charge.

However I recognise that, for now, we’re 13 councillors out of 54. Which is why, once the Green Group of Councillors had agreed our budget priorities, I (with our convenor Bill Randall) have sought to find common ground with Labour (who also have 13 councillors). Together we have produced joint amendments to the Conservative budget which reduce the harm of some of the changes, protect key services and support the council ahead of future cuts.

Due to negotiations going on for some time, they haven’t been presented as well as the Green budget, but I can point you to the amendments on the council agenda, and this spreadsheet excerpt laying them out as figures.

I’m pleased that we’ve been able to put tribalism to one side to improve what is a ghastly Tory budget implementing unnecessary cuts by the Tory-LibDem coalition government.

It’s a shame though that Labour present them on their website as the ‘Labour budget’ and not the joint work that they are. Also note that, at the time of writing, many figures on the Labour page are wrong. Refer to the amendments or the spreadsheet for the actual financial details.

The Green Alternative budget 2011/12

March 1st, 2011

As Green finance spokesperson I’ve spent nearly every non-working, non-sleeping hour in recent weeks working on the budget. Understanding the detail of the Tory proposals and pulling together our own Green budget. The fruits of that work, which depended on the expertise of all the Green councillors, were published last night in our alternative Green budget. I’ve posted my introduction below, you can download the full doc here [PDF].

Introduction to the Green Alternative Budget 2011/12

Cutting local government budgets is an ill-considered policy which will harm the most vulnerable. It runs contrary to the views of the Green Party, many leading economists, fairness and common sense. Cutting spending while the economy is fragile risks a further downturn and reduces services for those most likely to need them. The national deficit does not justify the cuts Conservative local government minister Eric Pickles is gleefully imposing on us all. This deficit is by no means the largest it has been in modern times, it is not an emergency.

In the course of an economic cycle, a government shouldn’t spend more than it has, and should leave some aside in case of troubled times. The previous Labour government’s failure to properly regulate the financial sector and rein in military spending left the UK more vulnerable to economic turmoil than it otherwise could have been.

Greens, including Caroline Lucas MP, will continue to make the case that the national approach to cuts is not the right one. But locally, elected councillors have a legal duty to set a balanced budget. The alternative would be to have un-elected council officers making the decisions on spending for our city’s services.

This leaves us the incredibly difficult task of minimising the harm caused by these budget reductions imposed by the Conservative and LibDem government. Council resources are far more limited than some commentators would have us believe. Their budgets are being centrally reduced whilst being given no new powers to raise funds.

This alternative budget sets out how a Green-led council would have addressed the challenges this city faces differently. It was produced in the very limited time the Conservative council administration allowed opposition parties to review the budget papers ahead of the vote. Information about this budget has been deliberately withheld to the very last minute. In forming this budget we have battled a culture of secrecy to understand the detailed financial plans for council services in the coming years.

However, whilst not perfect,  it is my view that the proposals here reverse the worst of the Conservative proposals, reduce the harm to the young, older people and the vulnerable whilst also leaving the finances in reasonable shape to face the further budget cuts we know the ministers in Whitehall will impose over the coming years. In a sense, it is the best that could be made of a bad job.

[Download the whole thing]

Cynical, irresponsible, gimmicky – take your pick!

February 12th, 2011

On Friday the Tory administration finally published the budget papers for the 2011/12 financial year. The papers claim the reason for the unacceptable delay in publication was late information on government grants. I don’t buy it and have asked the Chief Executive for an explanation. Since Tuesday we were told the papers were coming out the following day. Everything I hear lends me to believe that these were down to the administration – either playing games or struggling to come to a final decision.

Regardless their budget is breathtaking. It slices HUGE chunks of budgets for children’s services and social care. Almost £5.5m from Children’s & Families services, about £6.1m from Adult Social Care as well as smaller but harmful cuts from planning, licensing and central services including, for example, health & safety support work. Additionally the Tories propose to spend £1.1m capital funds removing cycle lanes from Grand Avenue & The Drove. Yes, that’s right, removing cycle lanes. They also wish to borrow just over £4.5m to refurbish car parks.

This is the year of the biggest cut in our central government grant, the cuts were front-loaded, so you’d think they’d hang onto every penny. But no, in a cynical gimmick to cling to power, the Tories propose a 1% cut in council tax plus a 5% reduction in resident parking permit costs. This is utterly irresponsible – and as there are waiting lists for residents parking permits this will hardly help manage that demand.

If one uses the admittedly imperfect analogy of a household income… Then this is like a family member getting a pay cut, and knowing more cuts are due in the future, voluntarily giving up MORE of their income. But when one of the family loses their job or gets a pay cut you focus on reducing spending, not reducing income! Income is the thing you absolutely need to stay afloat.

For the next two years the Tories are forecasting 2.5% tax increases, so the 1% reduction is very much a short-haul gimmick for election year. Furthermore they are making some very risky assumptions about inflation and waste tonnages, which are critical to their budget balancing. They are counting inflation to be 2% for the next three years, yet it’s currently 3.7% / 4.8% (CPI / RPI) which is quite some distance from their predictions!

On waste they are saying that they can save on the waste contract because waste tonnages are down due to actions by the council including promoting composting. Yet when I challenged the council about declining recycling rates, they claimed reduced tonnages were due to the recession. Which is it? There has been no major fundamental shift in supermarket’s dependence on packaging (though some incremental improvements by some of them) which leads me to believe that economic growth will also bring growth in waste tonnages again.

That’s it for now. I’m meeting officers next week to run through the many detailed questions and thoughts I have on the Tory budget. My colleague Bill Randall and I have asked to meet Labour councillors to discuss any joint amendments we might be able to agree on. We have until 28th February to submit amendments for checking by finance officers. Watch this space for more updates.

Reform of councillor allowances & webcasts rejected

February 2nd, 2011

So, as I posted previously, I have been pursuing two reforms on the council: Firstly, that councillor allowances be fairer and meet government guidance, in other words simply adopting the report of the council’s own independent panel on allowances rather than sticking with the old regime. Secondly, given my successful tribunal over the use of YouTube, that councillors no longer be unfairly restricted from their freedom of political expression in reusing public webcast video.

Unfortunately at last night’s Governance Committee the old guard kept things just the way they are. My detailed request on webcasting arrangements was batted away with effectively a non-answer saying that the Tribunal judged me on a previous version of the webcasting protocol. True, but the Tribunal essentially found that a restriction on councillors using the webcast, which didn’t apply to members of the public, would be an unreasonable restriction on councillors’ freedom of political expression. And that is exactly what the new protocol does, it requires councillors to seek written permission to use a clip, when a member of the public under copyright fair dealing rules could do so anyway. I will keep trying on that.

With the Green attempt to implement the Independent Remuneration Panel’s report of March 2010 I’m afraid there was a heavy dose of condescending and patronising remarks from the old guard. Of course they don’t want to change things, that would remove some of the feudal control they have over their groups by handing out posts (with allowances) to folk they want to toe the line. So the Labour and Conservative councillors voted against my amendment seeking to implement the long overdue changes to our systems of allowances.

It’s worth noting that the Panel’s report to the committee last night, an excellent piece of work in its own right, roundly rebutted all the reasons Tory and Labour councillors had used to reject the proposed reforms at last year’s council meetings. It’s a shame the other groups can’t agree to change on this, especially when we have such strong work from our independent panel to lead the way. I can’t say I was surprised by their vote against change though, those two parties have been taking turns running the city like and old club for years and they want to keep it that way.

One more point: Last night’s meeting also briefly discussed the move to individual voter registration. I do have some concerns about the changes planned with this reform, but overall it is a long overdue move which will help improve security. Keep in mind this was a policy passed by the previous Labour government, the timetable has just been brought forward by a year by the new government. So I was surprised to see Labour group leader Cllr Gill Mitchell trying to make something of this with a press release attacking the reform “Labour fears consequences of new electoral system“!

In the piece Cllr Mitchell attacks the lack of pilots – when there are pilots scheduled, the lack of additional funding – when there is £104 million of additional funding for this work, and suggests that this could undermine the integrity of our democracy – when ‘ghost’ registrations (the polite way of saying fraudulent entries on the register) have been a major problem especially with postal voting. So not exactly the most apposite comments I’ve seen. It does sum up how Labour will attack anything if they think it will get them something, even if it was their idea in the first place! I’m more than happy to accept that all parties have good ideas sometimes. I’m pleased the government have abolished ID cards, plan to scrap the councillor Standards regime and will introduce individual voter registration. There, I said it!

Full council 27th Jan 2011

January 31st, 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!

Having another crack at sorting out councillor allowances

January 30th, 2011

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.)

City Council pleads with staff to surrender their Blackberries

January 22nd, 2011

Belts are tightening as we get ever closer to the date when the 2011/12 budget has to be set for Brighton & Hove City Council. With £30 million of front-loaded Coalition government cuts to find, council officers are quite reasonably reviewing and challenging every expenditure.

A recent email sent around by the Council’s IT department asks staff to consider whether they really, really need their Blackberry. If not, could they give it up and perhaps live without a mobile phone at all? Perfectly sensible, there may be people who don’t really need their Blackberries but still have one in a drawer somewhere.

What’s interesting are the costs the Council apparently incurs per Blackberry: A device on a two year contract costs £432/year before call charges plus £105 in setup and licence charges. (The monthly breakdown is £19 for Vodafone tariff and £17 for Blackberry & ICT support charges)

So before a single call is made or text is sent, a Blackberry will cost tax payers £969 over its two year contract period. That much of this goes to Vodafone is particularly galling given their tax avoider status.

This is another symptom of the Council’s gold plated approach to ICT. No criticism of the current Head of ICT, this predates him by some time. The Blackberries came in under the Labour administration and carried on under the Tories. As did the huge all-encompassing Microsoft licensing deal. Rather than find good-enough solutions, the approach has been to dive for the big name brands as soon as they offer a hint of a discount from their pre-inflated prices. Then we’re locked in.

A small number of decent Linux servers and any smartphone would meet the messaging needs of the Council perfectly adequately at a fraction of the cost. Why are we paying license fees for Exchange servers and Blackberry servers?

Yes, let’s cut down on the unnecessary issuing of mobile devices and excessive use of costly services (they’re also cracking down on football scores and directory enquiries via mobiles). But let’s reconsider whether the whole architecture makes financial sense too. Almost a grand for mobile access to email just doesn’t seem reasonable to me.

[Note: Most councillors from most parties use Blackberries. As far as I'm aware this is the first time we've been made aware of the cost they incur. This is no criticism of councillors for whom Blackberries are a lifeline to keeping on top of Council work whilst juggling their other responsibilities. I personally don't have a Council Blackberry because I just don't really like them, having tried an iPhone I couldn't face going back!]

Requesting council webcasting open up

January 18th, 2011

I’m delighted that Cllr Brian Oxley, chair of the Governance committee, has agreed to take my letter (below) at the meeting on 1st February. I hope that we’ll be able to agree a path for opening up how tax-payer funded webcasts.

Cllr Brian Oxley

Chair, Governance Committee

Brighton & Hove City Council

Kings House, Grand Avenue

Hove BN3 2LS

17th January 2010

Dear Cllr Oxley

WEBCASTING PROTOCOL & ARRANGEMENTS

I am writing to ask that the committee review the protocol and arrangements associated with the council’s webcasting systems.

Specifically section 4.5 of the current webcasting protocol is excessively restrictive. As the findings of the First-Tier Tribunal (Local Government Standards in England) in my appeal of November 2010 state on para 71:

A finding of a breach on the facts of this case would have been disproportionate and would effectively lead to discrimination against elected members by imposing restrictions on their use of certain publicly available Council resources which the general public would be under no obligation to observe, but without any objective justification for the discrimination.

Since the date of the complaint from which this appeal arose, the webcasting protocol has been modified to create what the Tribunal judged to be unreasonable restrictions, namely that permission must be requested and certain uses forbidden, restricting Members’ freedom of political expression.

Given the growing support for openness and transparency in government, I believe the protocol should be reviewed. I ask that, as the Leader of the Council has indicated a willingness to use the Open Government Licence, such a licence is used for council webcasts.

I am also aware that the Council’s contract with webcast supplier Public-i restricts how the video captured may be used. Section 3.6 of Annex 7 from the contract renewal states in part:

You will not copy or reproduce the Content or the Webcast Data on to any other server or location for further reproduction without our prior consent, which will not be unreasonably withheld.

Such a requirement would clearly prevent a Member from placing a clip on YouTube without having first sought permission from the supplier, Public-i. Again this would be deemed unreasonable by the Tribunal.

Thus the protocol and contractual arrangements should be reviewed so that elected Members and members of the public are free to use the tax-payer funded webcasts. Any abuse to misrepresent would be covered by existing laws including libel and should not be cause for adding restrictions.

I look forward to your response.

Yours sincerely,

Cllr Jason Kitcat

Full Council December 2010 – the snow or no snow edition

December 17th, 2010

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.

YouTube Tribunal Success!

November 3rd, 2010

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!