Glasgow's Lawbreakers

Glasgow City Council has finally responded to my FOI Request about the costs of defending its 'unfit for purpose' WPBR which I submitted back on 3 January 2018.

I will publish the Council's response in the next day or so, but in the meantime here is an extract which includes a mealy mouthed 'apology' for the Council's failure to respond to me (twice) within the 20 day time limits laid down by the Freedom of Information (Scotland) Act 2002.

"On behalf of the Council, I apologise that you did not received a response to your initial request for information nor your subsequent request for review within the statutory timescales. You should have received a response within the 20 working day timescales set out in the legislation and I apologise that on this occasion you did not.

"I have now carried out a full and impartial review. As part of this review, I have investigated the reasons behind the Council’s failure to respond to your initial request for information and your subsequent request for review. I can advise that while both requests were logged by the Council’s centralised Freedom of Information team, the failure to respond was a result of human error. Again, I apologise on behalf of the Council for this oversight."

Now I don't accept the Council's laughable 'non apology' because it is complete nonsense from beginning to end.

As the exchange of emails below with the Council's FOI Team demonstrates, I was in touch with officials in the chief executive's department who were at pains to assure me that my request was receiving attention.

Which clearly was not true.

So while it's correct and proper that council officials have the responsibility for dealing with FOI requests, in my view it is essential that elected councillors have proper oversight for the process to prevent irresponsible officials from abusing or manipulating the rules for their own ends.

In this particular case, Glasgow City Council has behaved in an embarrassingly unprofessional manner especially with its pathetic 'human error' and 'oversight' excuses.

As on so many issues these days - Equal Pay, the Court of Session, its 'unfit for purpose' WPBR, the dismantling of Glasgow's ALEOs, a replacement Job Evaluation Scheme, the Council's new Rolls Royce - events are conspiring to make Scotland's largest council look amateurish and ridiculous.

Enclosure 6 - FOI Review Request to GCC dated 15 March 2018 

-----Original Message-----
From: Mark Irvine 
To: FOIreviews ; carole.forrest 
Sent: Thu, Mar 15, 2018 12:49 pm
Subject: Fwd: FOI Review Request regarding FOISA request - FOI 6474804.

Dear FOI Review Team

FOI Review Request regarding FOISA request - FOI 6474804.

I would like to submit an FOI Review Request in light of Glasgow City Council's failure to respond to my original FOI request within the time limits laid down by the Freedom of Information (Scotland) Act 2002.

I look forward to your reply and would be grateful if you could respond to me by e-mail at: markirvine@compuserve.com

Kind regards

Mark Irvine 

Enclosure 7 - Letter from GCC dated 13 April 2018

-----Original Message-----


From: FOI_CEDReviews <FOI_CEDReviews@glasgow.gov.uk>
To: Mark Irvine <markirvine@compuserve.com>
Sent: Fri, Apr 13, 2018 2:08 pm
Subject: TSR FOI Review 6553624 - Regarding FOISA request. (OFFICIAL)

OFFICIAL

Dear Mr Irvine,

In reference to your email to Carole Forrest of 15 March 2018.

We write to confirm the response to your request for information is in progress, however, there has been a delay in obtaining some of the information required due to a number of factors, including staff leave.

We write to confirm the response will be issued as soon as possible and apologise for any inconvenience in this matter.

With regards

FREEDOM OF INFORMATION TEAM

Chief Executives Department

Glasgow City Council

Enclosure 8 - Letter from Mark Irvine to GCC dated 17 April 18

-----Original Message-----


From: Mark Irvine 
To: FOI_CEDReviews 
Sent: Tue, Apr 17, 2018 10:48 am
Subject: Re: TSR FOI Review 6553624 - Regarding FOISA request. (OFFICIAL)

Dear FOI Team

I refer to your letter dated 13 April 2018 and would be grateful if you can confirm when the Council will be in a position to respond to my Review Request?

Kind regards

Mark Irvine

Enclosure 9 - Letter from Mark Irvine to GCC dated 20 April 2018

From: Mark Irvine [mailto:markirvine@compuserve.com]
Sent: 20 April 2018 09:31
To: FOI_CEDReviews <FOI_CEDReviews@glasgow.gov.uk>
Subject: Re: TSR FOI Review 6553624 - Regarding FOISA request. (OFFICIAL)

Dear FOI Team

Re: TSR FOI Review 6553624 - Regarding FOISA request. (OFFICIAL)

I refer to your letter dated 13 April and my response of 17 April to which, I note, I have still to receive a reply.

I would be grateful if you can send me all of the information gathered to date in response to my request because that would at least represent some progress.

I would also ask that you confirm a date on which all of the outstanding information will finally be provided.

If I do not receive a satisfactory response by 5pm on Monday 23 April 2018, I will pursue the matter to the Scottish Information Commissioner.

Kind regards

Mark Irvine 

Enclosure 10 - Letter from GCC to Mark Irvine dated 23 April 2018

-----Original Message-----

From: FOI_CEDReviews <FOI_CEDReviews@glasgow.gov.uk>
To: Mark Irvine <markirvine@compuserve.com>
Sent: Mon, Apr 23, 2018 2:23 pm
Subject: TSR FOI Review 6553624 - Regarding FOISA request. (OFFICIAL)

OFFICIAL

Dear Mr Irvine,

In reference to your emails of 17 and 20 April 2018.

We write to confirm the response to your request for information is being progressed.   We are unable to provide you with an exact date as to when the response will be issued, however, the request is being dealt with as a priority and a response will be issued as soon as possible.

We apologise for any inconvenience in this matter.

With regards

FREEDOM OF INFORMATION TEAM

Chief Executives Department

Glasgow City Council

Enclosure 11 - letter from Mark Irvine to GCC dated 23 April 2018 

-----Original Message-----


From: Mark Irvine 
To: FOI_CEDReviews 
Sent: Mon, Apr 23, 2018 3:06 pm
Subject: Re: TSR FOI Review 6553624 - Regarding FOISA request. (OFFICIAL)

Dear FOI Team

TSR FOI Review 6553624 - Regarding FOISA request. (OFFICIAL)

I refer to your letter dated 23 April 2018.

I would take this seriously if you had provided me with all the information gathered so far  in response to my original request, but you have not done so and have simply ignored the point I raised in my letter to you dated 20 April 2018.

So I will now refer this matter to the Scottish Information Commissioner given that:

1. the Council is already in breach of the FOISA timelines
2. the Council has not even responded partially to my original FOI Request
3. the Council cannot provide any indication as to when my FOI Request will be finally and properly answered

Kind regards

Mark Irvine 

  

Glasgow's Lawbreakers (09/06/18)

Glasgow City Council is currently breaking the law (the Freedom of Information (Scotland) Act 2002 to be precise) by failing to respond to my freedom of information (FOI) request regarding the costs of defending the Workforce Pay and Benefits Review (WPBR).

Now senior council officials are responsible for handling and responding to FOI requests, but you would think that Glasgow's elected councillors would insist on proper oversight of the process - to guard against officials abusing the rules for their own ends.

The independent Scottish Information Commissioner (SIC) is now investigating my complaint - so watch this space.

  

Glasgow - FOI, Senior Officials and Equal Pay (30/04/18)

Here's an application I've made to the Scottish Information Commissioner (SIC) over Glasgow City Council's failure to answer a freedom of information (FOI) request within the time limits laid down by the Freedom of Information (Scotland) Act 2002.

Now this request was originally lodged back on 3 January 2018, but at every stage the City Council has dragged its feet and even now Scotland's largest and best resourced council is unable - or unwilling - to confirm when my FOI request will be answered.

Hence my application to SIC for a decision because as things stand the Council is breaking the law by failing to observe the FOISA time limits of 20 working days to answer an FOI request or and FOI Review Request.

In my view, the underlying problem is the arrogant, unprofessional behaviour of senior officials who pay lip service to the Council's policy of 'openness and transparency', and although I am challenging their behaviour with my appeal to SIC I think it's time for Glasgow's political leaders and elected councillors to get involved. 

Glasgow's senior officials must be held accountable for their actions in defending the 'unfit for purpose' WPBR through the courts for years because the council workforce and the wider public are entitled to know the truth.   

 24 April 2018

Daren Fitzhenry

Scottish Information Commissioner

Kinburn Castle

Doubledykes Road

St Andrews

Fife

KY16 9DS

By email to: enquiries@itspublicknowledge.info

Dear Mr Fitzhenry

Glasgow City Council (GCC) – FOISA Appeal

I would like to make the following application for an adjudication by the Scottish Information Commissioner in connection with an FOI Request to Glasgow City Council. The background to my application is as follows.

1. I submitted an FOI Request to Glasgow City Council on 3 January 2018 and received a request for clarification a week later on 10 January 2018.
2. I responded to this GCC request on the following day, by providing the Council with two further copies of the Table they had trouble reading - one in PDF format and another as a Word document.
3. The Council acknowlweged receipt the following day and confirmed that the new Table/s were legible. 
4. I did not receive a response from the Council within the time limits laid down by FOISA and sent a 'chase up' letter to the Council on 27 February 2018.
5. In the absence of a reply to this letter I submitted an FOI Review Request to the Council on 15 March 2018.
6. I did not receive a proper response to my Review Request within the time limits laid down by FOISA although the Council did write to me on 13 April 2018 indicating there was a 'delay'.
7. I queried the reasons for this delay with the Council, asked that they provide me with the information gathered so far and to provide me an indication of when my original FOI Request would be properly answered.
8. In the absence of a satisfactory answer from the Council and in view of its behaviour in relation to my original request, I am now seeking an order from the Scottish Information Commissioner requiring the Council to answer my original FOI request without further delay.

I look forward to hearing from you in due course and if you require any further details or clarification at this stage, please contact me by e-mail at markirvine@compuserve.com

Kind regards



Mark Irvine 

List of enclosures x 11

  

Enclosure 1 - Initial letter to Glasgow City Council dated 3 January 2018

-----Original Message-----
From: Mark Irvine 
To: foi ; annemarie.odonnell 
Sent: Wed, Jan 3, 2018 1:11 pm
Subject: FOISA Request

3 January 2018

Annemarie O'Donnell

Chief Executive

Glasgow City Council

By email to - annemarie.odonnell@ced.glasgow.gov.uk

Dear Ms O'Donnell

FOISA Request

I would like to make the following request under the Freedom of Information (Scotland) Act 2002. 

I refer to the following table which details some of the the costs incurred by Glasgow City Council in dealing with ongoing equal pay claims. The figures were originally published by The Sunday Herald newspaper in response to a freedom of information request, I believe.

YEAR	Counsel	External Solicitor	Other professional fees and expenses	Other items	Internal staff costs	Contra award	TOTAL
2007/08		15188					15188
2008/09		46999					46999
2009/10		48122					48122
2010/11	36725	9069					45794
2011/12	276461	70646	9520	450	124776	0	481853
2012/13	345129	156720	44049	26585	124776	0	697259
2013/14	140202	82712	18015	4046	93582	0	338557
2014/15	96289	42681	0	26575	118070	74275	357890
2015/16	54619	14235	0	0	83876	0	152730
2016/17	28340	44853	0	0	83876	0	157069
2017/18	30093	95826	0	0	83876	0	209795
TOTAL	1007858	627051	71584	57656	712832	74275	2551256

Please provide me with the following information:

1) Please provide a breakdown of the 'Other professional fees and expenses' into their component parts?

2) Please provide a breakdown of the 'Internal staff costs' into their component parts?

3) Please provide a breakdown of 'Counsel' fees into those attributed to the 'Scottish bar' and the 'English bar'?

4) Please provide a breakdown of the 'External Solicitor' fees and whether or not these include the solicitor advocate's fees?

5) Please provide a breakdown of the 'Counsel Fees' and 'External Solicitor Fees' in terms of the apportionment of these costs between:

a) Tribunal fees?

b) Court of Session fees?

c) Cots of general advice?

6) Please confirm the day rate or rates charged by 'Counsel' and by the 'External Solicitor' 

I look forward to your reply and would be grateful if you could respond to me by e-mail at: markirvine@compuserve.com

Kind regards

Mark Irvine