What The Papers Say (2)
Council loses pay disclosure case
The Scotsman - 30 July 2013
A council had no right to withhold information on its salary scales from an equal pay campaigner, the UK's highest court ruled following a £100,000 legal battle.
Action 4 Equality Scotland campaigner Mark Irvine wanted to know if South Lanarkshire Council had paid more money for jobs traditionally done by men, and had asked the council for details about its pay scales in May 2010.
The council refused claiming disclosure would breach the Data Protection Act, and ultimately took the Scottish Information Commissioner to the Supreme Court in London after the Commissioner said Mr Irvine had a right to the information.
The council also accused the Commissioner of "a breach of natural justice" because he did not copy its officials into all of his correspondence with Mr Irvine and two MSPs who were following the case during the course of his investigations.
Supreme Court deputy president Lady Hale dismissed the council's arguments, and ruled that the Commissioner was right to back Mr Irvine's request for information.
The ruling states: "The Supreme Court unanimously dismisses the council's appeal. It holds that the Commissioner was entitled to reach his conclusion that disclosure of the information should be given by the council to Mr Irvine, and that there had been no breach of the rules of natural justice when the Commissioner did not copy the correspondence to the council."
The cost of the entire legal action is approximately £100,000, according to South Lanarkshire Council. The Commissioner has spent £67,836 defending its ruling to date, although its costs have still to be finalised, bringing the total cost to the public purse so far to around £168,000.
The council said it is "disappointed" by the Supreme Court's decision but will now release the information "as soon as is practical".
Current Information Commissioner Rosemary Agnew, who took over the post from Kevin Dunion last year, said: "I am pleased that the ruling by the Supreme Court supports our own carefully considered conclusions on this case. While the relationship between FOI and data protection law can be complex, the Supreme Court's ruling confirms the robustness of our approach and is a clear guide to how similar cases should be handled by Scottish public authorities. Importantly, the ruling also means that the requester can, at long last, receive the information to which he is entitled."
In a statement on the Action4Equality website, Mr Irvine said: "After three long years, justice and common sense have finally prevailed - although no thanks to South Lanarkshire Council which has wasted over £200,000 of public money fighting this case."
Action 4 Equality Scotland campaigner Mark Irvine wanted to know if South Lanarkshire Council had paid more money for jobs traditionally done by men, and had asked the council for details about its pay scales in May 2010.
The council refused claiming disclosure would breach the Data Protection Act, and ultimately took the Scottish Information Commissioner to the Supreme Court in London after the Commissioner said Mr Irvine had a right to the information.
The council also accused the Commissioner of "a breach of natural justice" because he did not copy its officials into all of his correspondence with Mr Irvine and two MSPs who were following the case during the course of his investigations.
Supreme Court deputy president Lady Hale dismissed the council's arguments, and ruled that the Commissioner was right to back Mr Irvine's request for information.
The cost of the entire legal action is approximately £100,000, according to South Lanarkshire Council. The Commissioner has spent £67,836 defending its ruling to date, although its costs have still to be finalised, bringing the total cost to the public purse so far to around £168,000.
The council said it is "disappointed" by the Supreme Court's decision but will now release the information "as soon as is practical".
Current Information Commissioner Rosemary Agnew, who took over the post from Kevin Dunion last year, said: "I am pleased that the ruling by the Supreme Court supports our own carefully considered conclusions on this case. While the relationship between FOI and data protection law can be complex, the Supreme Court's ruling confirms the robustness of our approach and is a clear guide to how similar cases should be handled by Scottish public authorities. Importantly, the ruling also means that the requester can, at long last, receive the information to which he is entitled."
In a statement on the Action4Equality website, Mr Irvine said: "After three long years, justice and common sense have finally prevailed - although no thanks to South Lanarkshire Council which has wasted over £200,000 of public money fighting this case."
