Bermuda Triangles v Freedom of Information

As regular readers know, South Lanarkshire Council is Scotland's Bermuda Triangle - when it comes to freedom of information.

Mysterious things happen - people claim to lose all memory of important events - logic gets turned upside down - in fact it's like an episode of 'LOST'.

So, here's a copy of an e-mail that was sent yesterday to all South Lanarkshire MSPs.

Some have already responded and asked for further information - or indicated that they will be taking the issue up with the council.

The more readers who ask their MSPs to get involved - the sooner we'll get to the bottom of things.

Watch this space for further news and developments.


"Dear MSP

Freedom of Information v South Lanarkshire Council

Please find enclosed a copy of a FOISA review request to South Lanarkshire Council.

Every other council in Scotland is quite happy to explain the background and origins of their job evaluation schemes - which are, of course, instrumental in determining how different council jobs are paid.

South Lanarkshire Council, on the other hand, is trying to keep these details secret, for reasons that are as yet unclear, but the council’s stubborn refusal to answer a straight question with a straight answer is troubling.

Why is South Lanarkshire Council so keen to prevent the public from understanding the basis on which senior officials gave their advice in connection with an ‘in-house’ job evaluation scheme?

The credentials and/or qualifications of the senior officials involved would normally be a matter of public record. Such information should be recorded in committee minutes, as part of a professional and transparent decision making process.

Instead, a routine query is being elevated into an issue of major importance, but only because South Lanarkshire Council is behaving as if it has something to hide.

I am encouraging readers of the Action 4 Equality Scotland blog site to raise these matters with their local MSPs. If you require any further information, e.g. a copy of the council’s initial response, please let me know.

Kind regards


Mark Irvine

Enclosure x 1

16 August 2010

South Lanarkshire Council
FOI Review Request Team

Dear South Lanarkshire Council

South Lanarkshire Council – FOISA Review Request

I refer to the letter from South Lanarkshire Council dated 3 August 2010 regarding my FOISA request.

I am asking for a review of the council’s decision for specific reasons, which I will turn to shortly, but let me say, first of all, that I regard South Lanarkshire’s behaviour as a complete abuse of the FOISA process. The council makes the following statement about 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."

Yet, the council behaves quite differently when it comes to dealing with my original request (about the council’s job evaluation scheme) which was first raised on 10 September 2009. However, by raising bogus objections about my request being ‘vexatious’, the council has managed to drag the process out until August 2010.

In my experience, no other council in Scotland behaves in this obstructive and unhelpful way – which is in stark contrast to the council’s public claims to support openness and accountability.

Turning to the specific reasons for my review request, these are detailed below for your information and attention:

1. What were South Lanarkshire Council’s reasons for not adopting the nationally recommended COSLA (Gauge) Job Evaluation Scheme (JES)?

The council has refused this request on the grounds of excessive cost.

I find the South Lanarkshire’s response incredible - the council behaves as if it has no collective memory and that senior officials have no recall of major strategic events. To suggest that a junior admin person should try discover this information by spending up to 70 hours trawling blindly through countless committee reports is simply absurd. The council is not being asked to find the equivalent of a ‘needle in a haystack’.

2. What was South Lanarkshire Council’s share of the £250,000 costs of producing the nationally recommended COSLA JES?

The council has refused this request on the grounds of that it does not exist.

I am asking the council to explain what steps it has taken to find this information and to share the details in responding to my review request. I find it incredible that South Lanarkshire Council has no record of its financial support for a nationally approved JE scheme, developed in conjunction with all 32 Scottish councils, COSLA and the trade unions.

3. Who were the creators or authors of South Lanarkshire Council’s 555 Job Evaluation Scheme (JES)?

The council has refused this request on the grounds that it potentially breaches data protection principles.

I am not asking about people’s personal details, as the council knows full well. I am asking for information about the professional role of senior council officials. I am asking the council to explain who carried out this important specialist task and what credentials or qualifications they possessed to allow them to advise the council on matters of such strategic importance. As public officials engaged in public duties which were paid for out of public funds – I believe this is a matter of legitimate public interest. My request is essentially no different to asking about the salary paid to the council’s chief executive, Archie Strang, which the press reported earlier this year as £146,502 per annum. Why does South Lanarkshire Council want to keep public information secret when its web site claims to support openness and accountability?

4. What payment did the creators/authors of South Lanarkshire Council’s 555 JES receive for their time and expertise?

The council has released this information stating that no additional payments were made – the costs being met within normal salaries and workload.

The council’s response is noted, but on its own, of course, this information is meaningless since the identities of the senior council officials involved are being withheld.

5. What credentials did the creators/authors possess for developing South Lanarkshire Council’s 555 JES?

The council has refused this request on the grounds that it potentially breaches the data protection principles.

Please consider my response and comments under Paragraph 3 above

I look forward to hearing from you in due course and would be grateful if you could ensure that your response is sent to me by e-mail: markirvine@compuserve.com

Kind regards


Mark Irvine

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