Room CY7 Courtyard County Hall
Cardiff CF10 4UW
6 January 2009
Dear Mr Gabriel
REQUEST TO SUBMIT A PUBLIC QUESTION TO COUNCIL
I refer to your letter addressed to a number of councillors in which you ask that you be allowed to submit a public question at the next council meeting on 22 January 2009.
There are a number of Procedure Rules relating to the submission of public questions which need to be adhered to and a copy of the rules is attached for your information.
As the question relates to your own particular circumstances I regret to inform you that the Proper Officer has rejected your question under paragraph 11.5.5 of these Procedure Rules as follows:
‘’11.5.5 relates to an individual, group or business or the questioner’s own particular circumstances.’’
I would add that the issues you have raised in your letter are being pursued by Council officers.
I must also raise with you two instances when first you recorded images and sound of the Council Meeting on the 18th December and the second, more recently, you recorded images and the sound of Councillor Rowland-James on her private premises.
You were advised at the Council meeting that you were not allowed to ‘’take photographs’’ but it is clear from the ‘You Tube’ clip that after that warning you placed the camera in your bag and continued to record sound. Such behaviour will not be permitted again. If you ignore this advice you will be removed from Council premises. Should you wish to see and hear the proceedings of Council you may do so by accessing the council’s internet site and viewing the official Webcast.
In relation to taking images of individuals on private premises without their consent you breach his/her rights under the Data Protection Act. You should consult the Information Commissioner or his Website for guidance as to the circumstances in which such images may be recorded.
For Clerk to the Council
Well I sent Jeff an email following receipt of this letter, the second version of the question that I’d sent previously from another email address, cos it seems that my initial email got through not like I expected after the Judith Woodman videos shot on the 8th Jan 09 see below. Guess Jeff and the Council are gonna be pissed off at me for uploading them on Youtube. But like I say on the notes attached to the videos, hampering gaining evidence that may lead to criminal proceedings ought to be a crime.
Now lets deal with some specific’s Jeff. You will note that on the videos shot on the 1st of January 09 I was just showing that I was in fact delivering the letters to those to whom the letters were addressed. That I did not knock any doors, or seek any interviews but that Anne Rowland-James engaged me in conversation as I was leaving the premises while still in the process of filming my little bit of documentary evidence, seeing as nobody is responding to email or taking any interest what so ever.
But like I said at the begging of this blog, when they take up public office they lose certain rights to privacy, especially when they are active protagonist in criminal negligence, and victimisation. As I now class myself as a Citizen Journalist I feel that it is my public duty, to shine the light of my camera into their lives. If it causes my circumstances to change for the better, then I will continue to do so, as the Police are unwilling to investigate my complaints. Until the mass of evidence is so ‘self evident’ that they will be forced to act on my behalf or be seen for what they are, collusionist.
It seems that Anne Rowland-James has been happy to be videoed and put on Youtube when it serves her purpose see (http://uk.youtube.com/watch?v=aDQzhREyFj0). Then she has to take the rough with the smooth. As for the matter of videoing Council whether full or Scrutiny or any other meeting. I trust that when all is done and dusted, and a public inquiry is opened into ‘WHY DID THE WELSH ASSEMBLY GOVERNMENT ALLOW THIS NEGLECT TO CONTINUE FOR SO LONG’ the rules that govern the recording of Council or councillors will be changed, so that citizens have the right to do so, and by this have a mechanism whereby they can hold Council to Account. i.e. FULL TRANSPARENCY.
Not the bias, opaque view of its workings that we currently have. If I had perhaps had the means to video the previous incumbent in the Chairmanship of the Council one Russell Goodway, maybe I would have been doing other things with my life these past 7 yrs. Rather than dealing with an uncaring bureaucracy.
i.e. Since Taff Housing Tenant Support Team, withdrew from finding me suitable accommodation which was their remit. They just took the £1,000 for roughly 12 hrs of supervision and couldn’t give a stuff about me, their mortgages were safe they had other clients just lining up and screw him attitude.
I guess that the Human Rights Act only comes into force if you’re a Councillor from your letter Jeff I suggest that you listen to the video of the 8th jan 09 interview with Judith Woodman below with reference to Kate Berry of the Standards and Ethics Committee, and my reminder to her of Article 10 of the Human Rights Act, the Right to Freedom of Expression without prejudice.
NOW FOR A LAUGH!
HERE ARE THE RULES FOR SUBMITTING A PUBLIC QUESTION THAT JEFF SENT WITH HIS LETTER.
HOW ANYONE CAN MANAGE TO ASK ONE GIVEN THE LIMITATIONS SET OUT BAFFLES ME.
AS SUCH IT MAKES A SHAM OF THE WHOLE THING!!!!!!!!!!!!!!!!!!!
PUBLIC QUESTION TIME PROCEDURE RULES
11.1 Any person who resides or works in the area of the City and County of Cardiff may ask questions of members of the Executive or of the chairpersons of committees of the Council at ordinary meetings of the Council. A period of up to 15 minutes at the beginning of each meeting shall be allowed for questions to be put and answered and for any supplementary questions and the answers thereto under these rules. No councillor may ask a question under these procedure rules.
11.2 Questions will be asked in the order in which notice of them was received, except that the Chairman may group together similar questions.
11.3.1 A question may only be asked if notice has been given by delivering it in writing or by electronic mail to the Proper Officer by 5pm, no later than 5 clear working days before the day of the meeting. Each question must give the name and address of the questioner and must specify the member of the Executive (either by name or portfolio) or the chairperson of committee (either by name or name of committee) to whom it is to be put.
11.3.2 In the absence of the questioner named in the notice referred to in Rule 11.3.1 a nominated substitute may ask the submitted question.
11.4.1 At any one meeting no person may submit more than one question and no more than one such question may be asked on behalf of one organisation.
11.4.2 The number of questions that an individual can ask in a municipal year shall be limited to two, with any further questions being accepted only at the discretion of the Lord Mayor.
11.5 The Proper Officer may reject a question if it:
11.5.1 is not about a matter for which the local authority has a responsibility or which affects the area of the Authority;
11.5.2 is defamatory, frivolous or offensive;
11.5.3 is substantially the same as a question which has been put at a meeting of the Council in the past six months;
11.5.4 requires the disclosure of confidential or exempt information;
11.5.5 relates to an individual, group or business or the questioner’s own particular circumstances;
11.5.6 relates to a matter which is the subject of legal or enforcement proceedings or an appeal to a court or tribunal or to a Government Minister or the National Assembly or an investigation by the Local Government Ombudsman;
11.5.7 relates to the personal circumstances or conduct of any officer and Councillor or conditions of service of employees;
11.5.8 relates to the activities and aims of a political party or organisation;
11.5.9 relates to a Regulatory Decision or a matter which may result in a Regulatory Decision; or
11.5.10 is a statement and not a genuine enquiry.
In addition the Chairman of the Council nay rule that a question shall not be answered because the preparation of the answer would require the expenditure of a disproportionate amount of time, money or effort. The ruling of the Chairman of the Council as advised by the Proper Officer in the above matter shall be final.
11.6 The Proper Officer will make a record of each question received and the date and time at which it was received and a copy of the question will be open to public inspection. The Proper Officer will send a copy of the question to the Councillor to whom it is to be put. Rejected questions will be open for inspection with a record of the decision for the rejection, which shall include the reasons for rejection. Copies of all questions to be asked at a particular meeting will be circulated to all Councillors and will be made available to the public attending the meeting. The minutes of the meeting will record the details of the questions that have been asked (including any supplementary questions) and by whom, together with the answers given.
11.7 Each questioner will be required to identify himself/herself at the meeting when the question is called for answer by the Chair. When the questioner has identified himself/herself the question will be deemed to have been asked. If the questioner is absent or fails to identify himself/herself then the question will be deemed to be withdrawn.
11.8 A questioner who has put a question in person may also put one supplementary question without notice to the Councillor who has replied to his or her original question. A supplementary question must relate to the answer given and be limited to one minute. The Chairman may reject a supplementary question on any of the grounds in 5 above.
11.9 Written answers. Any question which cannot be dealt with during public question time, either because of lack of time or because of the non-attendance of the councillor to whom it was to be put, will be dealt with by a written answer and a copy of the answer will be recorded in the minutes of the meeting.
11.10.1 Questions and supplementary questions will be answered without discussion and an answer may take the form of:-
a) an oral answer given by the Councillor to whom the question is addressed or another Councillor nominated by him or her;
b) where the desired information is in a publication or the Council or other published work, a reference to that publication;
c) where the reply cannot conveniently be given orally, a written answer circulated later to Councillors of the Council, to the Questioner and recorded in the minutes.
11.10.2 A Councillor to whom a question is addressed may decline to answer subject to stating the reason for declining to answer.
11.10.3 Except with the agreement of the meeting no more than five minutes will be allowed for a response to any one question.
11.11 Any Councillor may move that a matter raised by a question be referred to the Executive or the appropriate committee or sub-committee. Once seconded, such a motion will be voted on without discussion.
THERE ARE NO GUIDELINES TO HOW TO FORM YOUR PUBLIC QUESTION, WITH EXAMPLES OF QUESTIONS THAT HAVE MET THIS RESTRICTIVE SET OF CRITERIA. I WONDER WHY!!!!!!!!!!!!
I WONDER IF THE AVERAGE JOE/JOSEPHINE COULD FIGURE OUT A WAY OF ASKING A PUBLIC QUESTION AND RAISING THE COUNCILS AWARENESS OF ABUSE TO VULNERABLE ADULTS IN CARDIFF THROUGH THE PUBLIC QUESTION ROUTE. WITH THIS SET OF RULES.
I REALLY DON’T THINK SO LORD MAYOR. ITS JUST LIKE THE SOCIAL SERVICES INSPECTORATE CRAZYDAVE, THEY REFUSE TO DEAL WITH INDIVIDUAL CASES EVEN IF THAT MIGHT HIGHLIGHT SYSTEMIC FAILURES.
JUST LIKE BABY P DID.
WELL HERE ARE TWO OF FOUR VIDEOS SHOT AT THAT 8TH JAN 2009 MEETING, by the way noone from the maintenance dept has come to change the lighting system over to a eco-freindly push button system, and today its the 19th jan 2009. Lord Mayoress Ma'am, justice of the peace that you are.
http://uk.youtube.com/watch?v=VDuAI_hkXQs the naughty Crazydave bit.
http://uk.youtube.com/watch?v=W2MyA4OomyA just prior to the last of the four where again I was asked to stop filming by Judith and Security were close at hand, should I refuse. Tusktusk chief constable.
What I really find amazing is that Jeff can apparently access the youtube videos based on his letters and unelected official of the Council, but apparently according to his emails Mr. Ed Bridges an Elected member of the council is unable to. REMARKABLE. That's all folkes
Love n Light from Crazydave