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Sent: Monday, 11 Sep, 2023 At 09:23
Subject: Chair Cllr Owen O'Donnell Statement - Freedom of Information Annual Report 2022/23 - Cabinet presentation 7 September 2023

Cc: John Burke
Craig Geddes

Dear Chair Cllr Owen O'Donnell

Freedom of Information Annual Report 2022/23 - Cabinet presentation 7 September 2023

The report states

'FoI encourages openness and accountability and helps to build trust between the Council and the public that we serve.'

After presentation of FOI report by Craig Geddes at 10:13 in recording you(Chair Cllr Owen O'donnell) state -

'...disappointing that the total volume is increasing again and that we need to note the impact this has on Council resources and the time that it takes senior officers time to deal with these...'

The report makes no mention of 'the impact this has on Council resources and the time that it takes senior officers time to deal with these...'

So, how can you note this?

Who needs to note?

'the time that it takes' - As you are aware Council has 20 working days to respond to FOI request and a further 20 working days for any subsequent review request?

Are you proposing changes to how ERC deals with FOI Requests?

Was this an instruction to Council Officer Craig Geddes to undertake work on

- the increasing total volume ?

- impact on Council resources ?

- the time it takes senior officers to deal with these?

If not, what was the purpose of the statement?

As said,

The report makes no mention of 'the impact this has on Council resources and the time that it takes senior officers time to deal with these...'

So, how can you note this?

Would appreciate if you can correct this error.

Your help is appreciated.

Thanks


------ Original Message ------
From: "ODonnell, Owen (Cllr)" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Cc: "Burke, John" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >; "Geddes, Craig" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Wednesday, 27 Sep, 2023 At 14:35
Subject: Re: Chair Cllr Owen O'Donnell Statement - Freedom of Information Annual Report 2022/23 - Cabinet presentation 7 September 2023

I have not gone back to watch the video of the meeting but have assumed you are quoting me correctly.

In discussions with officers either after or during the Cabinet meeting in 2022 when FOI was previously discussed I was informed that each FOI on average takes one full day (of elapsed time) of officer's time to complete an FOI response. So, I remain disappointed that FOI volumes are increasing particularly at a time when Council budgets are so stretched and it is important for members and residents to be aware of these increasing pressures on Council resources.

I have nothing further to add on this subject.

Kind regards

Cllr Owen O'Donnell


------ Original Message ------
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Sent: Wednesday, 27 Sep, 2023 At 16:57
Subject: Re: Complaint - Chair Cllr Owen O'Donnell Statement - Freedom of Information Annual Report 2022/23 - Cabinet presentation 7 September 2023

Cc: John Burke
Craig Geddes
Gerry Mahon

Dear Chair Cllr Owen O'Donnell

Thanks for this.

I congratulate you on the recollection of your memory regarding the 1 September 2022 Cabinet Meeting where the 2021 - 2022 FOI Annual Report was presented.

However, as you are aware there is no recording available of the 1 September 2022 Cabinet Meeting.

I have looked back at the minutes and can see no mention of this -


'...on average takes one full day (of elapsed time) of officer's time to complete an FOI response. '


Would appreciate your help in giving this information -

What officers gave you this information either after or during the Cabinet meeting in 2022?

What evidence was used to arrive at this figure?

Where/When and how was the figure calculated?

Where can further information regarding this figure be found?

In response to me (4 October 2022 at 17:14) regarding Cabinet Meeting of 1 September 2022 and FOI Annual Report, you did not mention that this fact/figure


('...on average takes one full day (of elapsed time) of officer's time to complete an FOI response. ')

had been given to you by officers.

Why not?

Your help is appreciated

Thanks




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Sent: Wednesday, October 4th 2023, 09:57
Subject: Re: Complaint - Chair Cllr Owen O'Donnell Statement - Freedom of Information Annual Report 2022/23 - Cabinet presentation 7 September 2023

Cc: John Burke
Craig Geddes
Gerry Mahon

Dear Chair Cllr Owen O'Donnell

When the Chair of Cabinet makes a statement we have to be able to veryfy that statement to analyse the meaning and enable comment.

If the comment cannot be verified then we have to assume it has just been been made up by the Chair.

Again this figure

'...on average takes one full day (of elapsed time) of officer's time to complete an FOI response. '

along with your other statement

'...disappointing that the total volume is increasing again and that we need to note the impact this has on Council resources and the time that it takes senior officers time to deal with these...'

did not appear in the Freedom of Information Annual Report 2022/23 presented to Cabinet on 7 September 2023 and

require explanation.

Would appreciate your help in giving this information -

'...on average takes one full day (of elapsed time) of officer's time to complete an FOI response. '

What officers gave you this information either after or during the Cabinet meeting in 2022?

What evidence was used to arrive at this figure?

Where/When and how was the figure calculated?

Where can further information regarding this figure be found?

Your help will be appreciated.

Thanks


Note:

Cllr O'Donnell never did explain how the figure was calculated/arrived at.

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Sent: Monday, October 21st 2024, 10:16
Subject: Cabinet Chair Cllr Owen O'Donnell Statement - FOIs remain a significant burden on council resources

Dear Cabiet Chair Cllr Owen O'Donnell

Please see FOI Request 1642-9881-6760-6213 below in which it asks -

Please provide all information (Reports/papers/correspondence etc) produced/held from 2021 to present day regarding

- investigations/work carried out regarding the costs of FOI

and

- investigations/work carried out regarding the average time to investigate/process each FOI (stated by Cllr O'Donnell at around one day of officer's time).


Craig Geddes , Senior Information and Improvement Officer , Chief Executive’s Office has responded that the Council holds no information regarding -


'Within the dates specified I can make a nil return from my records. I have also contacted officers across the Council and again, none had any recorded information on this matter.'


However, but not part of my FOI request, Craig Geddes has supplied this information from a previous FOI request (not mine) 24 June 2024 0177-7224-1067-7609


'We have no policy or procedure for calculating the costs of dealing with requests under FoI. '


Would appreciate in the interests of balance that you also give the benefits of FOI regarding democracy and scrutiny of Councils, Officers and Councillors -

Transparency: make government/councils more transparent and accountable.
Public trust: improve public trust in government/council processes.
Informed debate: allows the public to be better informed about public authorities, which can lead to more productive public debate.
Decision-making: improve the quality of government/council decision-making.
Public participation: encourage public participation in politics.
Deterrent effect: act as a deterrent against mismanagement and corruption.

Again in the interest of openess and transparency and to allow scrutiny of the source of your information and calculation of figures when you stated -


'...on average takes one full day (of elapsed time) of officer's time to complete an FOI response. '

would appreciate if you give the information previously requested

What officers gave you this information either after or during the Cabinet meeting in 2022?

What evidence was used to arrive at this figure?

Where/When and how was the figure calculated?

Where can further information regarding this figure be found?


Your help in giving the requested information and your support for the benefits of Freedom of Information will be appreciated.

Thanks


FREEDOM OF INFORMATION(FOI) REQUEST

This FOI Request is in connection with the information below as given by Cllr Owen O'Donnell regarding costs/time of processing FOI requests.

Please provide all information (Reports/papers/correspondence etc) produced/held from 2021 to present day regarding

- investigations/work carried out regarding the costs of FOI

and

- investigations/work carried out regarding the average time to investigate/process each FOI (stated by Cllr O'Donnell at around one day of officer's time).

Your help will be appreciated.





------ Original Message ------
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Sent: Monday, October 7th 2024, 11:52
Subject: Re: Your statement - FOI is STILL SIGNIFICANT BURDEN on Council - RE: FOI Annual report for 2023/2024 Cabinet Presentation Thursday 5 September 2024

With the number of FOI's now over 1000 per year as stated in the report and with the average time to investigate each FOI stated at around one day of officer's time per cabinet discussion in 2022, at a time when council resources are tight I am happy to say that FOIs remain a significant burden on council resources.

I have nothing further to add to my comments.

Kind regards
Cllr Owen O'Donnell
Leader East Renfrewshire Council
Tel: 0141 577 3107

------ Original Message ------
From: "ODonnell, Owen (Cllr)" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Cc: "Burke, John" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >; "Geddes, Craig" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Wednesday, 27 Sep, 2023 At 14:35
Subject: Re: Chair Cllr Owen O'Donnell Statement - Freedom of Information Annual Report 2022/23 - Cabinet presentation 7 September 2023

I have not gone back to watch the video of the meeting but have assumed you are quoting me correctly.

In discussions with officers either after or during the Cabinet meeting in 2022 when FOI was previously discussed I was informed that each FOI on average takes one full day (of elapsed time) of officer's time to complete an FOI response. So, I remain disappointed that FOI volumes are increasing particularly at a time when Council budgets are so stretched and it is important for members and residents to be aware of these increasing pressures on Council resources.

I have nothing further to add on this subject.

Kind regards
Cllr Owen O'Donnell


Thanks

Focussing on the next chapter of FOI (31 October 2024)

The Scottish Information Commissioner laid his 2023-24 Annual Report before the Scottish Parliament on 30 September 2024.



The report, which covers the transition between the third and fourth Scottish Information Commissioners, details the performance of the organisation over that year, while also setting out Commissioner David Hamilton’s early priorities for his term of office.



In terms of performance, the report describes a busy year for our small team:

We received 590 FOI and EIR appeals, a 12% increase on previous year
We carried out 296 interventions to support public authority FOI performance
We responded to 859 enquiries from the requesters and public bodies
The report also highlights that:

79% of appeals were made by members of the public
70% of our appeals found wholly or partly in the requester’s favour
Only 6% of respondents to our public awareness polling believed that FOI was a waste of public money
We also report a significant increase in the appeals made following a failure to respond by public bodies, up from 23% last year to 32% this year. This data highlights the key importance for authorities of responding within FOI response timescales to avoid time-consuming reviews and appeals. Our Responding on Time self-assessment tool is designed to help authorities improve in this essential area.



In terms of the Commissioner’s immediate priorities, the report highlights the vital role of interventions in bringing improvements to public authority performance and delivering better FOI for all. It also makes clear, however, that this work must be adequately resourced if it is to have a sustained and meaningful impact. The Commissioner also sets out his view that Scotland’s FOI Act is in need of some revision if it is to remain fit for purpose in our increasingly digital world.



And finally, the Commissioner makes clear that his work to eliminate the backlog of FOI appeals remains an urgent and ongoing priority, noting that, at the time the report was drafted, our new approach had reduced the backlog by one third.



And how are we doing now? Well, we’ll be providing a full update on our progress to reduce the backlog in our next newsletter, so watch this space…

------ Original Message ------
From: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Sent: Thursday, October 24th 2024, 16:05
Subject: Re: Cabinet Chair Cllr Owen O'Donnell Statement - FOIs remain a significant burden on council resources

I have nothing further to add on my previous comments on FOIs remaining a significant burden.  Craig Geddes has responded separately to you on this.

You asked

'Would appreciate in the interests of balance that you also give the benefits of FOI regarding democracy and scrutiny of Councils, Officers and Councillors.'

I refer you to the following in our FOI policy and our recent Annual Report.

The Council’s FoI Policy refers to the statutory basis for Foi and states that:

“East Renfrewshire Council welcomed this legislation as an important part of improving transparency, accountability and service delivery”

And in our most recent FoI Annual Report we state that:

“Freedom of Information remains an important element of East Renfrewshire Council’s commitment to transparency and accountability. It provides an efficient means for the public to access information about the services that the Council provides, and the Council remains committed to delivering a positive and efficient customer experience”

I don't intend entering into any further correspondence on this issue.

Kind regards
Owen


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Sent: Monday, November 4th 2024, 10:04
Subject: Re: Re: Cabinet Chair Cllr Owen O'Donnell Statement - FOIs remain a significant burden on council resources

Cc: Craig Geddes

Dear Cabinet Chair/Council Leader Cllr Owen O'Donnell

Thanks for this.

I had referred to the statement in the recent FoI Annual Report in my previous emails.

Sorry, but in this instance, I am taking from your reply

'I don't intend entering into any further correspondence on this issue.'

that you are conceding you do not have the figures to back up your statement that FOI is a 'significant burden on the Council' 

as

Craig Geddes , Senior Information and Improvement Officer , Chief Executive’s Office  has responded that the Council holds no information since 2021 regarding -

- investigations/work carried out regarding the costs of FOI
and
- investigations/work carried out regarding the average time to investigate/process each FOI (stated by Cllr O'Donnell at around one day of officer's time).

He says - 'Within the dates specified I can make a nil return from my records. I have also contacted officers across the Council and again, none had any recorded information on this matter.'

and

'We have no policy or procedure for calculating the costs of dealing with requests under FoI. '

Also

You have failed to explain why you only single out FOI as a 'significant burden on the Council'
and
failed to explain why only FOI is a 'significant burden on the Council'

All Council Services require resources.

But you are only singling FOI out as a 'significant burden on the Council'

In my opinion, your statement that FOI is a 'significant burden on the Council' was opportunistic, made to cast doubt on the value of FOI and was not backed up with any figures as outlined above.

Thanks