Public Versus Party Interest

I've just heard that South Lanarkshire Council has lost its FOI appeal at the Court of Session.

Where the council argued - unsuccessfully as it turned out - that it should not be required to release pay information - following a decision of the Scottish Information Commissioner.

What a terrible waste of time and taxpayers' money - I have to say.

I also have to say that this reminds me of the expenses scandal at Westminster where a Labour government - ironically - fought tooth and nail to keep the details of MPs' expenses secret and under wraps.

I find it truly amazing that the Labour party has such a selective approach - because it seems to think that Freedom of Information applies to everyone else.

For example, Labour is quick to criticise the Conservative/Lib Dem government at Westminster - and/or the SNP Government in Edinburgh.

Yet party leaders say anything about the behaviour of Labour in local government - and the big Labour-run councils such as South Lanarkshire.

In theory South Lanarkshire Council can appeal this latest decision to the UK Supreme Court - but the judgement is very clear and unambiguous - and to my mind any such appeal would be an even bigger scandal and a further waste of public money.

So I think I'll write to the Scottish Labour leader Johann Lamont - because this is now all about doing the right thing - and putting the public interest over party interest.

Straight to the Top (14 March 2012)

Several readers have already been in touch to say that they've contacted the new Scottish Labour leader - Johann Lamont - to voice concern about the behaviour of their local Labour council on equal pay.

Now this is a perfectly sensible and legitimate thing to do - for at least two reasons:

1 Politicians have opinions on everything - that's part of their job - they are often quick to comment on the performance of public bodies such as health boards and local councils (ggod or bad) - when it suits them. Labour's health spokesperson - Jackie Baillie - is never out of the papers on that score.

2 Elected councils and councillors are not a law unto themselves - in just the same way that MSPs and MPs are not beyond criticism for their behaviour. So it's perfectly reasonable to ask the Scottish Labour leader to comment on the antics of Labour-run local councils - on the subject of equal pay.

Last year I wrote to the previous Scottish Labour leader - Iain Gray - about Freedom of Information (FOI) in South Lanarkshire.

Because Iain had plenty to say about FOI and the Scottish Government - but had so little to say about the need for openness and transparency in Labour's own backyard - South Lanarkshire Council.

Now people may or may not get a response - and if you get a response you may not be impressed with the answer.

But one thing's for sure - people's enquiries are taken seriously, they have a big impact and create waves - which is the whole point.

Especially at election time.

The key point is why would people vote for politicians - and their party - if they are being fobbed off and ignored?

So here's what I had to say to the Scottish Labour leader last year - sadly I got fobbed off with a ridiculous answer which tried to palm me off - and ignored all the points I raised.

But then again look what happened to Iain Gray.

Labour's Double Standards (30 October 2011)

Here's what I wrote about Iain Gray and the Labour leader's double standards - over Freedom of Information - back in July 2011.

South Lanarkshire Council's appeal to the Court of Session is still rumbling on in the background - costing South Lanarkshire Council and the Scottish Information Commissioner a small fortune in legal fees - all of it public money of course.

Yet while the Labour leader was quick to condemn the Scottish Government for mounting such an appeal - and refusing to accept the decision of the Scottish Information Commissioner - Iain Gray has said absolutely nothing about the behaviour of Labour-led South Lanarkshire Council.

I wonder why?

Freedom of Information (July 4 2011)

A few weeks ago I wrote to the leader of the Scottish Labour party - Iain Gray, MSP.

The reason being that the Labour leader had spoken up strongly about freedom of information - during the Scottish election campaign.

So I asked Iain Gray whether he would do the same - in relation to Labour-led South Lanarkshire Council - which is also defying a clear decision of the Scottish Information Commissioner.

I received an acknowledgement from Iain Gray's office - but not a substantive reply to the points I raised - despite sending a reminder.

I now believe the Labour leader is ducking the issue - simply because it involves a big Labour-led council - but readers can make up their own minds.

Here's what I had to say.

Iain Gray MSP
Leader of the Scottish Labour Party

Dear Mr Gray

Freedom of Information

I followed the recent Scottish election campaign with great interest and noted your positive comments and strong support on the subject of Freedom of Information.

I wonder if you would like to intervene in a situation much closer to home - one that involves Labour-led South Lanarkshire Council.

For years the council has been refusing to publish proper details about the pay levels enjoyed by traditional male council jobs - information which every other council in Scotland released a long time ago, without any fuss or bother.

The Scottish Information Commissioner issued a decision in April 2011 which required South Lanarkshire Council to release this information at long last, but since then the council has lodged an appeal with the Court of Session - using taxpayers money of course.

The circumstances are similar to the one during the Scottish election campaign where - as Labour's Scottish leader you called on the government to stop wasting time and comply with the Scottish Information Commissioner's decision.

I wonder of you would now do the same in relation to South Lanarkshire Council - as I'm sure your views will be listened to very carefully by the council's Labour leadership.

I look forward to your reply.

Kind regards


Mark Irvine

PS I enclose a copy of a recent letter to the Scottish Information Commissioner - explaining the background in more detail

Dear Scottish Information Commissioner

South Lanarkshire Council (SLC) – FOISA request

I enclose an exchange of correspondence with South Lanarkshire Council (SLC) regarding a FOISA enquiry which I initiated on 17 February 2011.

I asked South Lanarkshire Council to review its initial decision, but I am dissatisfied with their response in relation to Document 1 – a written report to a meeting of the Council’s Corporate Management Team – which the Council has redacted to avoid public scrutiny. As a result, I would like to register the following appeal with the Scottish Information Commissioner (SIC).

1. In my view the council have produced no evidence to show that the release of this information would be prejudicial to the conduct of public affairs; quite the opposite in fact, because it would have the effect of holding senior officials and elected councillors to account.

2. The information relates to the introduction of a non-discriminatory Job Evaluation Scheme as required under the 1999 Single Status (Equal Pay) Agreement.

3. Unusually South Lanarkshire Council decided not to implement the tried and tested Gauge JES – which had the national approval and backing of the Scottish local authority employers and the trade unions.

4. Instead South Lanarkshire Council implemented its own ‘in-house’ scheme which is the subject of considerable controversy amongst council staff – and the wider public.

5. The redacted information relates to decisions of the Corporate Management Team in deciding how to implement the 1999 Single Status Agreement which came into effect in July 1999.

6. The underlying issue is whether South Lanarkshire Council was saying one thing in public and a different thing in private. In other words was the advice given to the Corporate Management Team thorough, professional and in accordance with good practice - in terms of job evaluation and equal opportunities?

7. In my view the release of this information would demonstrate whether the council acted properly at the time and, as such, there can be no prejudice to the effective conduct of public affairs in 2011.

8. I attach a separate letter to South Lanarkshire Council dated 18 April 2011 regarding an Equal Pay Review instructed by the Council’s Personnel Services Committee in July 1997. The results of this ‘comprehensive review’ were never made public and discussion of the issue effectively disappeared from Council committees between July 1999 and March 2003 – as the minutes show.

9. In my view, this was a deliberate tactic by the Corporate Management Team to avoid proper public scrutiny on a matter of strategic importance. In choosing to deal with the matter in this way South Lanarkshire Council prevented the wider body of elected councillors, the council workforce and the general public from understanding what was going on – in particular the scale and extent of pay discrimination against female council jobs which was kept ‘under the radar’.

10. I believe that the redacted section of the Corporate Management Team minute of 18 November 1999 contains important information regarding South Lanarkshire Council’s attitude towards the 1999 Single Status (Equal Pay) Agreement and the Council’s use of public money.

11. Instead of delivering on its public commitments towards the 1999 Single Status (Equal Pay) Agreement, South Lanarkshire Council secretly decided to maintain the higher bonus related earnings of traditional male jobs - thereby continuing the widespread pay discrimination which existed at the time against predominantly female council jobs.

12. In my view, therefore, therecompelling case that this information should now be published in the wider public interest and that is the basis of my appeal to the Scottish Information Commissioner.

I look forward to hearing from you soon and if I can be of any further assistance, please let me know.

Kind regards


Mark Irvine