Voting record of Prenton member Councillor Tony Norbury

The request was partially successful.

Dear Wirral Metropolitan Borough Council,

In table form, please provide the full voting record of Prenton member Councillor Tony Norbury.

This will include a full list of all the issues / motions voted upon by Councillor Norbury between the dates 3/5/2012 and today's date and all the votes (yes / no / abstain) lodged by Councillor Norbury, along with the date and title of the meeting. Please list all meetings where the councillor would have been expected to attend but did not attend and the reason given for his absence.

If a publicly accessible record of this information exists electronically, please provide a link.

Please also provide all information you have in the form of statutory Acts or government guidance or other to explain whether councils are required to:

A. Record such voting information or variants thereof
B. Make such information or variants thereof available to the public manually or electronically
C. Make such information or variants thereof available to the public upon request

Yours faithfully,

Paul Cardin

InfoMgr, FinDMT, Wirral Metropolitan Borough Council

1 Attachment

Dear Mr Cardin

 

We write further to your recent enquiry regarding voting records for
Councillor Norbury.

 

Councillor Norbury’s Committee appointments are as follows:

 

•             Adult Care and Health Overview and Scrutiny Committee

•             Constituency Committee - Birkenhead

•             Council

•             Licensing Act 2003 Committee (Vice-Chair)

•             Licensing Act 2003 Sub-Committee

 

Where Members ask for a recorded vote of how each Member has voted,
immediately before or after the vote is taken, this will be recorded in
the Minutes of the proceedings of that meeting - whether that person cast
his/her vote for the motion/amendment, or against the motion/amendment (a
dissent) or whether he/she abstained from voting. If a particular Member
requests that how he/she voted on a particular item of business is
recorded, it will be included in the Minutes.  When Members send apologies
for absence when they are unable to attend meetings they are also recorded
in the Minutes of the meeting but the reasons are not provided.

 

These procedures are set out in Part 4A of the Council Procedure Rules –
Standing Orders – within the Council’s Constitution 
[1]http://democracy.wirral.gov.uk/documents...

 

The Local Authorities (Standing Orders) (England) (Amendment) Regulations
2014 came into force on the 25 February 2014.  These 2014 Regulations make
amendments to the Local Authorities (Standing Orders) (England)
Regulations 2001 (they require the Council to include certain provisions
in the Council’s Constitution).  The key change introduced by the 2014
Regulations was the requirement for the Council to record in the Minutes
of the proceedings of “a budget decision meeting” of the Council, the
names of the Members who voted for or against a “budget decision” and the
names of the Members who abstained from voting. This includes votes on the
main council tax resolution calculating the council tax requirement and
the Council’s basic rate of council tax and on any amendments to that
resolution.

 

You will be aware that the minutes of all Council and Committee meetings
are readily available on the Council’s internet at
[2]https://www.wirral.gov.uk/councillors-an...
As such, the Council considers that Section 21 of the Freedom of
Information Act 2000 applies in that it exempts disclosure of information
that is reasonably accessible by other means, nor does it require
consideration as to whether or not it would be in the public interest to
provide the information.

 

You have the right under Section 17 of the Freedom of Information Act 2000
to ask for an internal review of the refusal of the information
requested.  Please direct any request for an internal review to
[3][Wirral Borough Council request email] and your request will be allocated for
review.  If you are dissatisfied with the outcome of an internal review
you also have the right to complain to the information Commissioner, who
can be contacted at [4]https://ico.org.uk/global/contact-us/

 

 

Yours sincerely

 

 

 

Lynette Paterson

Principal Information Management Officer

Business Management

 

Treasury Building

Argyle Street
Birkenhead
Wirral
CH41 1AH

 

[5]Tel: 0151 691 8201

[6][Wirral Borough Council request email]

 

 

[7]LGC Awards15_Winner_MIP

 

 

This information supplied to you is copyrighted and continues to be
protected by the Copyright, Designs and Patents Act 1988.   You are free
to use it for your own purposes, including any non commercial research you
are doing and for the purposes of news reporting. Any other reuse, for
example commercial publication, would require our specific permission, may
involve licensing and the application of a charge

 

 

 

 

 

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References

Visible links
1. http://democracy.wirral.gov.uk/documents...
2. https://www.wirral.gov.uk/councillors-an...
3. mailto:[Wirral Borough Council request email]
4. https://ico.org.uk/global/contact-us/
5. file:///tmp/tel:0151
6. mailto:[Wirral Borough Council request email]

Dear InfoMgr, FinDMT,

The link you provided and which is reproduced below is not working.

"You will be aware that the minutes of all Council and Committee meetings are readily available on the Council’s internet at
https://www.wirral.gov.uk/councillors-an...

Yours sincerely,

Paul Cardin

ScarletPimpernel left an annotation ()

InfoMgr, FinDMT, Wirral Metropolitan Borough Council

Dear Mr Cardin

Please see link below.

https://www.wirral.gov.uk/councillors-an...

Yours sincerely

Lynette Paterson
Principal Information Management Officer
Business Management

Treasury Building
Argyle Street
Birkenhead
Wirral
CH41 1AH

Tel: 0151 691 8201
[Wirral Borough Council request email]

This information supplied to you is copyrighted and continues to be protected by the Copyright, Designs and Patents Act 1988. You are free to use it for your own purposes, including any non commercial research you are doing and for the purposes of news reporting. Any other reuse, for example commercial publication, would require our specific permission, may involve licensing and the application of a charge

This email and any files transmitted with it are confidential and intended solely for the use of the individual or entity to whom they are addressed. If you have received this email in error please notify the system manager.

Dear Wirral Metropolitan Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Wirral Metropolitan Borough Council's handling of my FOI request 'Voting record of Prenton member Councillor Tony Norbury'.

Nowhere within the links to information that you sent can I find the specific information I requested i.e. a full voting record for Councillor Tony Norbury in the format I requested. Please ask a senior person to conduct an internal review.

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/v...

Yours faithfully,

Paul Cardin

Dear InfoMgr, FinDMT,

In addition to my request for an internal review, and to avoid confusion, I should stress that the specific information I requested was not there and was not held in ANY format at the links provided,

Yours sincerely,

Paul Cardin

Corrin, Jane, Wirral Metropolitan Borough Council

Dear Mr. Cardin,

 

I write further to your request for an internal review of our response to
your request for information under the Freedom of Information Act 2000
(FOIA).  The request for an internal review was received on 9 October 2018
and was in the following terms:

 

Nowhere within the links to information that you sent can I find the
specific information I requested i.e. a full voting record for Councillor
Tony Norbury in the format I requested

 

I have reviewed the answer provided to your initial FOIA request, which
was sent to you on 8 October 2018.  In this reply we inform you of the
committees upon which Councillor Norbury sits and explained that where
members are present at a relevant vote and they ask for the vote to be
recorded, that this request along with the voting record for that vote
will be recorded in the minutes.  You were further directed to the Council
Procedure Rules which govern recording votes etc.

 

At no point in that reply was it stated that any of these documents would
contain a full voting record for Cllr Norbury, however I note that it was
not expressly stated there was no list.

 

For the purposes of my review I have considered your request and reviewed
what records the Council keep.  I am now able to confirm the following:
The council do not retain a ‘full voting record’ for councillors and as
such there is no single document you can be directed to which will provide
this information.

 

You were correctly directed to the minutes of the committees that Cllr
Norbury sits on, as it is only within these documents that there will be
any record of voting kept.  You will have to review those minutes and look
for any voting records within them.

 

To assist you, I have taken advice from those who maintain these records,
and can confirm that votes are only taken and recorded within the Council
minutes and not the other committees upon which Cllr Norbury sits. Further
the minutes will record whether Cllr Norbury attended so you will only
need to review those where he was present.  Generally the recorded votes
at meetings of Full Council are usually taken in respect of Notices of
Motion considered towards the end of the meeting (although not
exclusively) which may help you locate them quicker.  Not all votes have
the full vote recorded and in those cases the numbers for/against a
specific motion are recorded only.

 

As per the Regulations you were directed to in the initial reply, all
budget decisions are required to have a recorded decision.

 

Following this review, it is my conclusion that there is no voting record
maintained, and as such there is nothing to disclose to you under your
request.  However in the spirit of the FOIA and the requirement to provide
reasonable advice and assistance to those making a request we have
directed you to the publicly available records that we do hold where the
information is located.  Wirral Council are however under no obligation to
produce new information to satisfy an FOIA request.  I have now further
assisted you with where and how such voting records are maintained within
those documents.

 

The exemption provided in our initial response by way of s21 FOIA has been
correctly applied, as the documents where the information you seek are
available on our website and can be reviewed and downloaded free of
charge.

 

Should you remain dissatisfied with this reply you can complain to the
Information Commissioner’s Office; details of how to make such a complaint
can be  found here

[1]https://ico.org.uk/make-a-complaint/your...

 

Yours sincerely

Jane Corrin

 

Jane Corrin

Data Protection Officer & Records and Information Manager

Business Management

Wirral Council

      

 

 

This email and any files transmitted with it are confidential and intended
solely for the use of the individual or entity to whom they are addressed.
If you have received this email in error please notify the system manager.

References

Visible links
1. https://ico.org.uk/make-a-complaint/your...