South Lanarkshire and MPs' Expenses
South Lanarkshire Council is becoming an embarassment over its hypocritical behaviour on Freedom of Information - even the council's staunchest supporters are beginning to question its conduct.
Here's what the council says about its attitude towards Freedom of information on its web site:
"Freedom of Information legislation is designed to ensure openness and accountability. This means that wherever possible, we will make the information you request available to you."
"Dear Scottish Information Commissioner
South Lanarkshire Council (SLC) – FOISA request (LSO 3 – SCP 25 etc)
I enclose an exchange of correspondence with South Lanarkshire Council (SLC) regarding a FOISA enquiry, which I initiated with the council on 10 May 2010.
I asked the council to reviews its initial decision, but remain dissatisfied with their response. I am now registering an appeal with the Scottish Information Commissioner (SIC). In my view, the council’s response is unsatisfactory for the following reasons:
1. I submitted an earlier request for information relating to the pay of specific council posts (LSO 3) on 9 May 2009. At the time the Council did not argue that my request was vexatious which speaks for itself.
2. Instead the Council answered the first part of my request, but went on to claim that the other questions were exempt under Section 38 because the answer could breach people’s privacy and constituted a breach of data protection principles.
3. I asked for a review of the Council’s initial decision and then appealed to SIC. The case dragged on for months until I was contacted in May 2010 by a Freedom of Information Officer, who advised me that the Council had suddenly changed its ‘defence’.
4. In May 2010 the Council claimed a new exemption under Section 12 of FOISA, on the grounds of cost, and the advice of the Investigating Officer was that this defence would succeed.
5. So, I decided to re-submit the request in a different way by breaking up the original request into a series of individual requests or questions, to prevent the council claiming an exemption under Section 12.
6. In doing so it should be noted that South Lanarkshire Council will have spent considerably more than £600 in refusing to answer my original request, for a period of almost 12 months over 2009/10. Nonetheless, the council had the bare faced cheek to argue that my request was exempt because the cost exceeded £600.
7. In my view, the Council’s latest arguments are dishonest and bogus. My request is patently not vexatious, but focuses on the way South Lanarkshire Council uses public money to treat traditional male council jobs more favourably than their female colleagues.
8. I believe there is a serious public interest in this matter because gender equality is a fundamental human right. A corner stone of exercising this right effectively is the need for transparency in pay arrangements a requirement that other councils in Scotland are happy to observe.
9. But what South Lanarkshire Council is doing is trying to keep its pay arrangements secret, both to conceal the truth from its largely female workforce and as a means of avoiding public scrutiny.
10. To my mind South Lanarkshire Council’s behaviour is a cynical abuse of the FOI process. In effect, the council is really just behaving in the same obstructive manner as the Speaker’s Office in the House of Commons - when faced with unwelcome questions over MPs’ expenses.
I look forward to hearing from you in due course and if you require any further details at this stage, please e-mail me at: markirvine@compuserve.com
Kind regards
Mark Irvine"
A copy of my letter to the Scottish Information Commissioner will be circulated shortly to all South Lanarkshire MSPs.
Let's see what they have to say about the council's behaviour - after all it's their legislation the council is thumbing its nose at.
Here's what the council says about its attitude towards Freedom of information on its web site:
"Freedom of Information legislation is designed to ensure openness and accountability. This means that wherever possible, we will make the information you request available to you."
And here's my latest appeal to the Scottish Information Commissioner - the 64,000 dollar question remains the same: If South Lanarkshire Council has nothing to hide, why is it so desperate to keep these details from public scrutiny?
"Dear Scottish Information Commissioner
South Lanarkshire Council (SLC) – FOISA request (LSO 3 – SCP 25 etc)
I enclose an exchange of correspondence with South Lanarkshire Council (SLC) regarding a FOISA enquiry, which I initiated with the council on 10 May 2010.
I asked the council to reviews its initial decision, but remain dissatisfied with their response. I am now registering an appeal with the Scottish Information Commissioner (SIC). In my view, the council’s response is unsatisfactory for the following reasons:
1. I submitted an earlier request for information relating to the pay of specific council posts (LSO 3) on 9 May 2009. At the time the Council did not argue that my request was vexatious which speaks for itself.
2. Instead the Council answered the first part of my request, but went on to claim that the other questions were exempt under Section 38 because the answer could breach people’s privacy and constituted a breach of data protection principles.
3. I asked for a review of the Council’s initial decision and then appealed to SIC. The case dragged on for months until I was contacted in May 2010 by a Freedom of Information Officer, who advised me that the Council had suddenly changed its ‘defence’.
4. In May 2010 the Council claimed a new exemption under Section 12 of FOISA, on the grounds of cost, and the advice of the Investigating Officer was that this defence would succeed.
5. So, I decided to re-submit the request in a different way by breaking up the original request into a series of individual requests or questions, to prevent the council claiming an exemption under Section 12.
6. In doing so it should be noted that South Lanarkshire Council will have spent considerably more than £600 in refusing to answer my original request, for a period of almost 12 months over 2009/10. Nonetheless, the council had the bare faced cheek to argue that my request was exempt because the cost exceeded £600.
7. In my view, the Council’s latest arguments are dishonest and bogus. My request is patently not vexatious, but focuses on the way South Lanarkshire Council uses public money to treat traditional male council jobs more favourably than their female colleagues.
8. I believe there is a serious public interest in this matter because gender equality is a fundamental human right. A corner stone of exercising this right effectively is the need for transparency in pay arrangements a requirement that other councils in Scotland are happy to observe.
9. But what South Lanarkshire Council is doing is trying to keep its pay arrangements secret, both to conceal the truth from its largely female workforce and as a means of avoiding public scrutiny.
10. To my mind South Lanarkshire Council’s behaviour is a cynical abuse of the FOI process. In effect, the council is really just behaving in the same obstructive manner as the Speaker’s Office in the House of Commons - when faced with unwelcome questions over MPs’ expenses.
I look forward to hearing from you in due course and if you require any further details at this stage, please e-mail me at: markirvine@compuserve.com
Kind regards
Mark Irvine"
A copy of my letter to the Scottish Information Commissioner will be circulated shortly to all South Lanarkshire MSPs.
Let's see what they have to say about the council's behaviour - after all it's their legislation the council is thumbing its nose at.
