Labour's Double Standards

I sent a letter by e-mail to the Scottish Labour Leader last Thursday - following Johann Lamont's pointed comments at First Minister's Questions.

Having heard nothing for the past week - not even an acknowledgement - I think it's fair to share what I had to say with readers of the blog site in South Lanarkshire - and elsewhere.

To my mind Scottish Labour's double standards are shameful and spectacular in equal measure - because while they have plenty to say about other people when it comes to Freedom of Information - party leaders turn a blind turn a blind eye when it suits their purpose.

No wonder people get cynical about politics and politicians, but Scotland's voters get a chance to have their say - at next week's local council elections on 3rd May. 


Johann Lamont, MSP
Scottish Labour Leader

Dear Johann

Labour in South Lanarkshire

Please find attached a copy of a letter I sent to the Labour leader of South Lanarkshire Council, Cllr Eddie McAvoy, on 10 May 2011.

As things turned out, the Labour leadership of the council failed to listen to my advice but, as I predicted, the decision to appeal the adjudicated decision of the Scottish Information Commissioner has come back to haunt Councillor McAvoy and his colleagues.

Because in a landmark ruling recently, three judges at the Court of Session dismissed South Lanarkshire Council's appeal and in their detailed written decision Lords Marnoch, Mackay and Brailsford said:

"We say that because, having regard to the Commissioner's findings looked at as a whole, we are satisfied that even applying the stricter test the Commissioner could only have concluded that necessity (of publishing the information) was made out. In particular, he held that the Requester's own interest coincided with a widespread public interest in the matter of gender equality and that it was important to achieve transparency on the subject of Equal Pay. No better means existed to achieve that goal than by releasing the information in question."

In my view South Lanarkshire Council's behaviour is a cynical abuse of the FOI process and a terrible waste of taxpayers' money into the bargain.

I recall that your predecessor as Scottish Labour leader - Iain Gray - was quick to criticise the Scottish Government for failing to immediately comply with a previous adjudication of the Scottish Information Commissioner.

And at First Minister's Questions (FMQs) today in the Scottish Parliament, you referred to this previous FOI case and also accused the Scottish Government of suppressing information ahead of the local council elections on 3 May 2012.

Yet here we have a much better example and one that is far closer to home: a major Labour-run council in South Lanarkshire has been suppressing public information for years, then makes a fool of itself by pursuing the issue to destruction at the Court of Session in Edinburgh, and all at huge public expense.

Up till now Scottish Labour leadership has said nothing about this scandal, despite all the brave words spoken at FMQs, and to many people, myself included, this looks decidedly odd, if not downright hypocritical.

The irony is, of course, that similar pay information is freely available in other Scottish councils without the need even to resort to a formal FOI request.

I believe the voters in South Lanarkshire are entitled to know where the Scottish Labour party stands on these issue before the local elections on 3 May 2012 because - to my mind - the political leadership of South Lanarkshire Council is bringing the Scottish Labour party into disrepute.

I look forward to hearing from you soon.

Kind regards


Mark Irvine

Councillor MaAvoy
Labour Leader - South Lanarkshire Council


Dear Councillor McAvoy

Freedom of Information

I refer to our exchange of e-mails yesterday - 9 May 2011.

I heard subsequently from a council official, as you will know, and have since been advised that South Lanarkshire Council intends to appeal the decision of the Scottish Information Commissioner.

I have to say I find this an astonishing decision - one which will comeback to haunt the council in future, I hope - not least because it is another cynical delaying tactic as well as a complete abuse of taxpayers money, in my opinion.

No other council in Scotland behaves in this furtive fashion over the pay levels of its male dominated council jobs - such as refuse workers and gardeners.

South Lanarkshire Council's behaviour is epitomised by secrecy and obfuscation - in my experience - yet the council proclaims to support openness, transparency and freedom of information.

To my mind South Lanarkshire Council is putting itself in exactly the same position as the House of Commons when - a few years ago - it tried to prevent the public from learning the truth about Westminster MPs and their expenses - unsuccessfully as it turned out in the end.

I will have more to say on the subject in the weeks ahead and no doubt many other people will as well - including the 2,000 plus South Lanarkshire Council employees who are still fighting for equal pay.

Kind regards


Mark Irvine