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Conflict of Interest - Councillors, Leisure Trust and Leisure Centre New Build
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TOPIC: Conflict of Interest - Councillors, Leisure Trust and Leisure Centre New Build

Re: Conflict of Interest - Councillors, Leisure Trust and Leisure Centre New Build 5 years, 2 months ago #7

  • RM64
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Threats included in Letter received from Mary E Hart Business Support Manager -

11 December 2018

I refer to your request for information e-mailed to Mhairi Shaw, Director of Education.

Your request has been forwarded to me to respond.

In this connection, I would advise you that the minute of the Board meeting held on Tuesday 4 December 2018 will be published following ratification at a Board Meeting.

As such, it is for future publication and under Section 27 is exempt from release at this time.

The minute of the meeting will become publicly available through the normal channels and I am of the view that it is in the public interest to adhere to the usual publication arrangements.

I refer to your recent requests for information.

I would advise you that East Renfrewshire Council is committed to openness and transparency, and continues to work hard to respond to freedom of information requests.

However, this comes at a cost.

Every request requires an amount of officers’ time and, depending on the nature of the enquiry, this can be a significant demand on the operation of the Education department.

When one applicant submits a number of requests over a short period of time, that demand can start to have a significant impact on our ability to provide key services.

This level of demand places an excessive burden on the department.

As noted above, the Council is keen to provide any information that we reasonably can.

The Freedom of information (Scotland) Act and the associated Environmental Information Regulations, however, do have scope exempting public authorities from having to deal with requests when these become “vexatious or repeated” or when requests are “manifestly unreasonable”.

There is a range of Education information available on the Council’s website, and guidance on making requests is available from both the Scottish Information Commissioner and from the Information Commissioner (see OSIC advice and ICO guidance).

We are keen to offer as much help and assistance as we can but it is important to try to ensure that any future requests that you may wish to make are reasonable.

East Renfrewshire Council offers the opportunity to apply to the Council for a review of how we have dealt with your enquiry.

If you wish to proceed to review, please apply in writing within 40 working days to:

Chief Officer (Legal and Procurement), East Renfrewshire Council, Council Headquarters, Rouken Glen Road, Giffnock, G46 6UG,

marking your letter “Freedom of Information, request for review”, and stating the exact nature of the matter you wish to be reviewed.

The review will be carried out within 20 working days of receipt.

If you are dissatisfied with the outcome of the review, you have the right to then appeal to the Scottish Information Commissioner who has extensive powers to investigate such matters.

His address is:
Scottish Information Commissioner, Kilburn Castle, St Andrews, Fife, KY16 9DS.

Yours sincerely

Mary E Hart
Business Support Manager

Re: Conflict of Interest - Councillors, Leisure Trust and Leisure Centre New Build 5 years, 2 months ago #8

  • RM64
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----Original message----
Date : 03/01/2019 - 12:02 (GMT)
To : This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Cc : This e-mail address is being protected from spambots. You need JavaScript enabled to view it , This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Subject : Request for review - FOI Response from Mary E Hart

The Chief Officer Legal & Procurement
Council Headquarters
Rouken Glen Road
Giffnock G46 6UG


REQUEST FOR FOI REVIEW

As instructed by Mary E Hart in their reply below and as Gerry Mahon, The Chief Officer Legal & Procurement, has previously stated that FoI is normally a 2 stage process -

'As you will be aware the Council's response to an FOI request does not merely revolve around the initial request but also the review process. It is hoped that any human error in relation to the 1st part of the process is properly remedied at the 2nd stage.'

I therefore request the said FoI Review.

My FoI request and the response is attached in the emails below.

My reasons for requesting a review are as follows.

My requests are in the interests of openness and transparency.

My requests are not manifestly unreasonable.

I do not believe my requests have placed an excessive burden on the department.

I have a serious purpose behind my requests, and I do not believe my motivation is to cause only disruption or annoyance.

As you are aware there are rules around the cost of requests.

These rules refer to compliance and costs in excess of the relevant statutory threshold, currently set at £600.

Please give details of how this request does not adhere to the statuary threshold and if necessary, please give advice and assistance to allow me to redefine my request to bring it within the relevant cost parameters.

Please clarify what information is being withheld under Section 27.

Please clarify under what legislation and/or FOI section the other requested information is being withheld.

There is no evidence provided that the public interest test required under Section 27 has been applied.

The response is somewhat confusing.

It is not clear when you are referring to FOI legislation or other matters.

- Please clarify where you are referring to FOI legislation in the letter.

- Please clarify where you are referring to other matters in the letter.

As a Council Tax Payer and Resident in East Renfrewshire the cost of democracy and ensuring openness and transparency is a price I am willing to pay.

It would have taken Ms Hart longer to write their response letter than to provide the requested information.

Democracy is a fragile baby.

It is all too easy to be thrown out with the bathwater.

The first actions of autocrats is to make themselves out to be the victims of democracy.

They then sermonise why democracy does not necessarily apply to them :

- Democracy distracts them from their true purpose

- Democracy is too costly

- Democracy prevents them from providing key services

- Democracy is an excessive burden

- They commit to openness and transparency but take every action to limit and minimise being open and transparent by issuing threats to those seeking information via this openness and transparency

- Everybody is unreasonable apart from them

I will not be frightened off by the threats to bully and intimidate me, from making requests for information that I am perfectly legally and legitimately entitled to make.

However, the tone of the letter and the threats and attack on me in the letter did cause me distress.

I am simply a resident and council tax payer with an interest in what is being done on my behalf.

I have no political motives and do not belong to and/or represent any group or person.

As a Council Tax Payer and Resident in East Renfrewshire the cost of democracy and ensuring openness and transparency is a price I am willing to pay.

It would have taken longer to write the response letter than to provide the requested information.

This request is not manifestly unreasonable.

It is reasonable that the requested information below is provided.

I refer to -

'Did the Director of Education and Chief Accountant as observers of the Board have to intervene at this meeting?'

Previous minutes have not provided this information.

This information has been previously after the 4 September Board meeting.

It would have taken longer to write the letter than to provide this information.

It is not manifestly unreasonable to ask Ms Hart to provide this information.

Did the Director of Education and Chief Accountant as observers of the Board have to intervene at this meeting?

If so -

Please give details of interventions

Please give details if these interventions were recorded.

Please give details of the processes in place to manage any potential conflict of interest regarding this meeting.


I refer to -

'Did the Director of Education prior to this Trust Board meeting hold a briefing meeting with elected members to advise and guide them on specifics related to the agenda?

This did not take part at the Board meeting, therefore would not be included in the Board minutes. It is information that would only be known to yourself.

Again, it is not manifestly unreasonable to ask you to provide this information -

'Did the Director of Education prior to this Trust Board meeting hold a briefing meeting with elected members to advise and guide them on specifics related to the agenda?

If so -

Please give details of briefing meeting.

Please give details of the Agenda items requiring advice and guidance.

Please give details if this briefing was recorded.'

Regarding below, it was yourself that provided this information.

Again, as you are aware information of this nature has not been provided in previous minutes.

I will be quite happy if you could give assurances that this information will be included in the minutes for the meeting and answer these -

Did the four elected members on the Trust Board scrutinise the review plan?

Did the four elected members on the Trust Board consider progress of review plan?

Did the four elected members on the Trust Board ask questions of Council officers ?

Did the four elected members on the Trust Board ask questions of Trust officers ?

However, again It would have taken longer to write the letter than to provide this information.


The information below relates to information given by the Director of Education.

I have concerns over these replies and the accuracy of the replies.

Again, It is not manifestly unreasonable to ask you to clarify your replies and to provide the information.


Sorry, in your reply you raise further issues that give rise to great concern and I would appreciate further clarification on the specific points below.

As you are aware -

'Councillors who are members of East Renfrewshire Culture & Leisure Trust
Board -

Councillor Paul O’Kane
Councillor Colm Merrick
Councillor Barbara Grant
Councillor Danny Devlin

Company law demands that -

‘all board members must place the interest of the trust before that of the Local Authority, including Councillors and officers.’

'Although councillors can and will be on the board, the law is clear that they are there in a private capacity and not present to reflect the needs of the council.''


You say -


'As such the four elected members on the Trust Board will be able to scrutinise and consider progress, ask questions of Trust and Council officers and offer an element of challenge or consent with the suggested future actions and timescales.'


Please confirm you have no authority to make this actually happen - The four elected members on the Trust Board are there in a private capacity and not present to reflect the needs of the council - Therefore, they can do as they please.


You say - 'ask questions of Trust and Council officers'


If you check the ERCLT Board minutes you will note that Cllrs Merrick, O'Kane, Grant and Devlin are not noted for asking questions or making contributions to these Board meetings.


Who are these Council Officers?

Where will the four elected members on the Trust Board and there in a private capacity ask questions of Council officers ?

How will the four elected members on the Trust Board and there in a private capacity ask questions of Council officers ?

Where/how will these questions be recorded?

Where/how will the answers to these questions be recorded?


You say - 'Their role is to communicate decisions and matters of note to Council colleagues. This can be done through political group meetings.'

Please give details of where this particular role is documented.

I do not belong to any political party, nor do I represent any other political organisation, or any other organisation, group or person but you appear to be knowledgeable regarding Cllrs Merrick, O'Kane, Grant and Devlin's Council colleagues and Political groups -

As you have raised the subject of Cllrs Devlin, Merrick, Grant and O'Kane's Council colleagues and their political group meetings would appreciate if you give the following details to clarify your statement -

Please give the names of these Council colleagues.

Please give details of these political group meetings

- What political groups?

- What political parties attend?

- Who are members of these political groups?

- Where are the meetings held?

- Who attends these meetings?

Please confirm How? Where? When? Cllrs Merrick, O'Kane, Grant and Devlin will communicate these decisions and matters of note to my Councillor David MacDonald, who would appear not to be a member of a political group.

You say - 'The Convener, who is also a Trustee of ERCLT, makes regular statements to Council on the performance of the Trust.'


Please confirm - The Convener is not a member of the Leisure Board Trust - Cllr Merrick is on the Trust Board and is there in a private capacity and not there as Convener and not present to reflect the needs of the council.


As Cllr Merrick attends the ERCLT Board meetings in a private capacity -


Who compiles the statements that the Convener makes at Full Council meetings?

Who supplies the information for the statements that the Convener makes at Full Council meetings?



Your help with openness and transparency on this matter is appreciated.

Again I request that all the requested information is provided.


Thanks
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