Cynical and Ridiculous
Here's a copy of the letter of appeal to the Scottish Information Commissioner - regarding South Lanarkshire Council's refusal to release pay information - on traditional male jobs.
The council's behaviour looks even more cynical and ridiculous - looking back after all this time.
Equality is a fundamental human right - but it can only be exercised in terms of equal pay - if there is openness and transparency over pay arrangements.
South Lanarkshire should be truly ashamed of the fact that this information is being dragged out of the council - ever so slowly - and bit by bit.
What does South Lanarkshire Council have to hide?
"Dear Mr Dunion
South Lanarkshire Council (SLC) – FOISA request regarding Pay Information
I enclose an exchange of correspondence with South Lanarkshire Council (SLC) regarding a FOISA enquiry, which I initiated with the council on 18 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, Elaine Moffat, 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 cornerstone 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 contact me at: markirvine@compuserve.com
Kind regards
Mark Irvine"
The council's behaviour looks even more cynical and ridiculous - looking back after all this time.
Equality is a fundamental human right - but it can only be exercised in terms of equal pay - if there is openness and transparency over pay arrangements.
South Lanarkshire should be truly ashamed of the fact that this information is being dragged out of the council - ever so slowly - and bit by bit.
What does South Lanarkshire Council have to hide?
"Dear Mr Dunion
South Lanarkshire Council (SLC) – FOISA request regarding Pay Information
I enclose an exchange of correspondence with South Lanarkshire Council (SLC) regarding a FOISA enquiry, which I initiated with the council on 18 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, Elaine Moffat, 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 cornerstone 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 contact me at: markirvine@compuserve.com
Kind regards
Mark Irvine"
