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Councillors and Eastwood Park Masterplan cross party member and officer working group
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TOPIC: Councillors and Eastwood Park Masterplan cross party member and officer working group

Re: Councillors and Eastwood Park Masterplan cross party member and officer working group 4 years ago #19

  • RM64
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------ Original Message ------
To: "Daly, Eamonn" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >; "Innes, Caroline" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Monday, 9 Mar, 2020 At 18:26
Subject: RE: COUNCIL MEETINGS - WEEK COMMENCING 9 MARCH 2020

Hi Eamonn

You have been misinformed.

It was not explained to me 'why this was the case'.

The Director of Environment has not replied to below.

Perhaps you could ask them to reply.


'------ Original Message ------
To: "Fry, Lesley" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Thursday, 27 Feb, 2020 At 20:48
Subject: RE: RE: Eastwood Park Masterplan cross party member and officer working group.

Hi

Thanks for this.

but, would appreciate your help with some clarification.

Where in East Renfrewshire Councils HQ will the meeting be held?

Is it open to the public?

You say -

'Agendas/papers/minutes are not available'

What information is available?

- regarding the meeting?

- regarding the function of the group?

- regarding the work carried out by the group?

You say

'This is an internal and private member/officer working group established to deal with operational matters'

I don't remember the Director for Environment describing the group as 'an internal and private member/officer working group established to deal with operational matters' when making the recommendation that the group be setup?

I think their words were 'In the circumstances it is suggested that a cross party member and officer working group (including elected member Trust representation) be established..........'

My understanding that it is the Eastwood Park Masterplan cross party member and officer working group - a very public group.

Why is it now 'internal' and 'private'?

Would appreciate if you can clarify what you mean by 'internal'.

Would appreciate if you can clarify what you mean by 'private'.

Who are the private members?

Please give names.

Who are the private officers?

Please give names?

To deal with what operational matters?

Please give details of these operational matters.

Your help is appreciated.

Thanks'

Thanks

Re: Councillors and Eastwood Park Masterplan cross party member and officer working group 4 years ago #20

  • RM64
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------ Original Message ------
To: "Fry, Lesley" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Monday, 9 Mar, 2020 At 18:48
Subject: RE: RE: Eastwood Park Masterplan cross party member and officer working group.

Hi

It would appear that Eamonn Daly, Democratic Services Manager, Department of Corporate and Community Services has been misinformed that I have received a reply to below.

I have not received a reply to my request below for clarification.

I would appreciate a reply before the meeting.

Thanks

------ Original Message ------
To: "Fry, Lesley" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Thursday, 5 Mar, 2020 At 16:03
Subject: RE: RE: Eastwood Park Masterplan cross party member and officer working group.

Hi

Would appreciate reply.

Thanks

------ Original Message ------
To: "Fry, Lesley" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Thursday, 27 Feb, 2020 At 20:48
Subject: RE: RE: Eastwood Park Masterplan cross party member and officer working group.

Thanks for this.

but, would appreciate your help with some clarification.

Where in East Renfrewshire Councils HQ will the meeting be held?

Is it open to the public?

You say -

'Agendas/papers/minutes are not available'

What information is available?

- regarding the meeting?

- regarding the function of the group?

- regarding the work carried out by the group?

You say

'This is an internal and private member/officer working group established to deal with operational matters'

I don't remember the Director for Environment describing the group as 'an internal and private member/officer working group established to deal with operational matters' when making the recommendation that the group be setup?

I think their words were 'In the circumstances it is suggested that a cross party member and officer working group (including elected member Trust representation) be established..........'

My understanding that it is the Eastwood Park Masterplan cross party member and officer working group - a very public group.

Why is it now 'internal' and 'private'?

Would appreciate if you can clarify what you mean by 'internal'.

Would appreciate if you can clarify what you mean by 'private'.

Who are the private members?

Please give names.

Who are the private officers?

Please give names?

To deal with what operational matters?

Please give details of these operational matters.

Your help is appreciated.

Thanks

Re: Councillors and Eastwood Park Masterplan cross party member and officer working group 3 years, 9 months ago #21

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------ Original Message ------
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
Sent: Wednesday, 3 Jun, 2020 At 08:14
Subject: Request for FOI Review - Eastwood Park Masterplan cross party member and officer working group - Ref: 221500

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

REQUEST FOR FOI REVIEW

My understanding is that

- East Renfrewshire Council(ERC) has informed me that this first FOI stage is officially over and that ERC will not be responding to the FOI within the 60 working days.

- ERC has informed me that The next stage is to ask the Chief Officer of Legal and Procurement to carry out a review of my request.

As I have been informed that the first FOI stage is officially over and as Gerry Mahon, The Chief Officer Legal & Procurement, has previously stated that for the Council, 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 wish to request said FOI review.

I wholeheartedly agree and support the praise for the effort being made by Council and NHS staff during this coronavirus pandemic and these worrying times.

This request for review in no way distracts from this praise or the work they are carrying out.

I am aware of the pressures staff have been working under and FOI response timscales had been extended.

However, in a report to the EAST RENFREWSHIRE COUNCIL EMERGENCIES COMMITTEE dated 14 May 2020 the Deputy Chief Executive Caroline Innes has stated regarding tackling the COVID-19 pandemic -

'However, despite the additional work required, a degree of relative stability has now been reached.................'

The Scottish Information Commissioner has now written on their Website (26/5/2020) -

Please note that:

As a result of the new changes, all requests for information and requests for review must still be responded to promptly, and within a maximum timescale of 20 working days.

and wrote previously

'Public authorities are still required to respond "promptly" to the requests for information they receive however, as well as to requests for review. The temporary 60-working day timescale for responses is a maximum timescale only. '

The Scottish Information Commissioner has also posted on their Website a Statement dated 15 April 2020 from ICIC (the Governance Working Group of the International Conference of Information Commissioners (ICIC) - which includes the Scottish Information Commissioner) on access to information during Covid-19 pandemic.

Included in the statement -

'“The impact of coronavirus (COVID-19) brings unprecedented challenges for our society, both nationally and globally.

“Public authorities must make significant decisions that affect public health, civil liberties and people’s prosperity.

“The public’s right to access information about such decisions is vital.

“But the importance of the right to access information remains.

“Public bodies must also recognise the value of clear and transparent communication, and of good record-keeping, in what will be a much analysed period of history.

“We add our support and gratitude to those who are dedicated to tackling the current pandemic.” '


My reasons for requesting this review are -

In my email of 27 February 2020(attached below) I was seeking clarification on the statement

'The first meeting of the group will be held on 12th March 2020 at 11am at East Renfrewshire Councils HQ.

The chair of the group has still to be determined.

Agendas/papers/minutes are not available. This is an internal and private member/officer working group established to deal with operational matters.'

made by Lesley Fry, Secretary to Director of Environment on 27 February 2020.


ERC turned this request for clarification into a FOI request on 17 March 2020 (attached below)-


'I can confirm that your email of 27th February will be treated as a Freedom of Information request. '


ERC have not responded within 60 working days.

No reason has been given.

No reason has been given for the information being withheld.

My understanding is that the Eastwood Park Masterplan cross party member and officer working group is a very public group.

Dealing with matters(reports/recommendations/options/information) very much in the public domain.

Nothing to do with being an internal/private group dealing with operational matters.

What operational matters?

I don't remember the Director for Environment describing the group as 'an internal and private member/officer working group established to deal with operational matters' when making the recommendation that the group be setup.

Their words were 'In the circumstances it is suggested that a cross party member and officer working group (including elected member Trust representation) be established..........'

Nothing about internal/private/operational matters.

There is no reason why the explanation/information cannot be provided along with the relevant recorded information/reports etc.

It is my understanding that giving this clarification would only have taken 5 - 10 minutes to provide.

I would appreciate if each of the requested information points listed below are now answered.

Where in East Renfrewshire Councils HQ will the meeting be held?

Is it open to the public?

You say -

'Agendas/papers/minutes are not available'


What information is available?

- regarding the meeting?

- regarding the function of the group?

- regarding the work carried out by the group?

You say

'This is an internal and private member/officer working group established to deal with operational matters'

I don't remember the Director for Environment describing the group as 'an internal and private member/officer working group established to deal with operational matters' when making the recommendation that the group be setup?

I think their words were 'In the circumstances it is suggested that a cross party member and officer working group (including elected member Trust representation) be established..........'

My understanding that it is the Eastwood Park Masterplan cross party member and officer working group - a very public group.

Why is it now 'internal' and 'private'?

Would appreciate if you can clarify what you mean by 'internal'.

Would appreciate if you can clarify what you mean by 'private'.

Who are the private members?

Please give names.

Who are the private officers?

Please give names?

To deal with what operational matters?

Please give details of these operational matters.


In this period the first meeting of the group was held on 12th March 2020 at 11am at East Renfrewshire Councils HQ.

I don't think it unfair to ask and it would be appreciated, if all recorded information (Reports/minutes/notes/emails etc) for this meeting held on 12 March 2020 are provided as part of this review.

The relevant FOI request information is attached below.

Keep well

Re: Councillors and Eastwood Park Masterplan cross party member and officer working group 3 years, 9 months ago #22

  • RM64
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------ Original Message ------
From: "Mahon, Gerry" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Cc: "Geddes, Craig" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >; "Maxwell, Graeme" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Wednesday, 1 Jul, 2020 At 17:55
Subject: freedom of information review request

I refer to the above, to your request of 27 February 2020 regarding the Eastwood Park masterplan cross party working group and to your request for review received on 3rd June following a number of communications between you and the Council on this issue.

As you are aware, I have responsibility within the Council for dealing with reviews under the Freedom of Information and Environmental Information regimes and can advise that I have now concluded consideration of this case.

I would highlight that my role on review is to consider the terms of your original request and assess the appropriateness or otherwise of the Council’s response to date.

In the first instance I would agree that the response received by you does not fully address all relevant matters within timescales as required under the Freedom of Information (Scotland) Act 2002 and/or Environmental Information (Scotland) Regulations 2004 nor intimate where information is not held or appropriate appeal mechanisms.

I would also however note that the Council’s obligations under FOI/EIR are to provide recorded information held in respect of the information sought.

There is no obligation on the Council to generate such a record under the Act and as such a number of the questions you pose in your initial and review requests are not apt to be answered in this context.

I have however attempted were possible to provide some clarity to the situation.

I would now therefore take this opportunity to address any deficiencies in the earlier reply.

In considering this matter I have established that your initial correspondence contained the following requests for information:-

1. Where in East Renfrewshire Councils HQ will the meeting be held?

As indicated in the attached e-mails, the meeting was scheduled to (and did) take place in the committee room.

2. Is it open to the public?

As previously advised in the departmental response, these are private operational meetings and are not therefore open to the public to attend

3. What information is available?

- regarding the meeting?
- regarding the function of the group?
- regarding the work carried out by the group?

E-mail correspondence regarding the meeting (including the meeting invite) is attached. The proposed work of the meeting is highlighted in these messages whilst the overall function of the group is highlighted in paras 19 and 20 of the report attached which has already been disclosed to you and is publicly accessible via the Council’s website.

No minute of the meeting has yet been produced.


4. Why is it now 'internal' and 'private'?

No recorded information is held.

The Council is not required to generate further explanations as part of its response to an FOI request but for clarification, this has always been the intended nature and membership of such a meeting.

There has been no change in this regard.


5. Would appreciate if you can clarify what you mean by 'internal'.

This query is not strictly answerable in FOI terms as it does not seek information..

I do not consider the nature of the initial response to be particularly unclear but in terms of the duty to assist I would indicate that this is an operational group made up of Council staff, consultants engaged by the Council, Trust representation and elected members ie membership constituted by the Council, those legally engaged by it or those legally associated with it.

6. Would appreciate if you can clarify what you mean by 'private'.

See above – this is not open to public attendance

7. Who are the private members?

Please give names.

Who are the private officers?
Please give names?

There are no private members or private officers – the word “private” is being used as an adjective to describe the nature of the meeting (ie not open to public attendance), as are the terms “member/officer” which are intended to reflect its composition or membership.

The core composition of the group is as per the indication already provided in the report attached and the particular participants in the meeting are reflected in the addressees to the meeting request and associated e-mail correspondence .

8. To deal with what operational matters?
Please give details of these operational matters.'

This is considered to be a duplicate request to part of 3 above.

The remit of the group has already been disclosed to you in terms of the initial Council report to which you have been referred and further detail regarding the particular scope of the meeting is as per the response to that question.

I trust this fully satisfies your request for review.

However, if you are dissatisfied with the outcome of this review, you have the right to appeal to the Scottish Information Commissioner.

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

Yours sincerely
Gerry Mahon
Chief Officer – Legal and Procurement


Mahon, Gerry
freedom of information review request
17:55
FW: Eastwood Leisure Centre and Eastwood Park Master Plan: Member/Officer Working Group 12th March 2020.eml

FW: Eastwood Leisure Centre and Eastwood Park Master Plan: Member/Officer Working Group 12th March 2020

Cahill, Andrew < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
01/07/2020 16:21
11
24.1 KB
181219_Eastwood Leisure Centre and Eastwood Park Masterplan.docx

From: Fry, Lesley < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: 24 June 2020 12:08
To: Cahill, Andrew < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Subject: FW: Eastwood Leisure Centre and Eastwood Park Master Plan: Member/Officer Working Group 12th March 2020

From: Fry, Lesley On Behalf Of Cahill, Andrew
Sent: 11 March 2020 15:31
To: Buchanan, Tony (Cllr); Cahill, Andrew; Daws, Phil; Fletcher, J (Provost); Grant, B (Cllr); Ian Harper; McReavy, Anthony; Merrick, C (Cllr); O'Kane, Paul (Cllr); Shaw, Mhairi; Smith, Graeme5; Wallace, Gordon (Cllr)
Cc: Bruce, Christina
Subject: Eastwood Leisure Centre and Eastwood Park Master Plan: Member/Officer Working Group 12th March 2020

Colleagues

Eastwood Leisure Centre and Eastwood Park Master Plan: Member/Officer Working Group

Please find attached a copy of the covering report which contains a link to the consultant’s Vision and Master plan report considered by the Council on 18 December 2019 for discussion at the 1st meeting of the Member/Officer to be held tomorrow at 11am in the Committee Room at Eastwood HQ. Some printed copies will be available at the meeting.

At the meeting I intend to take the group through the background, the findings, the potential vision and the options at a fairly high level.

Stallan Brand consultants will be in attendance to assist and answer any queries.

Regards
Andy

Lesley Fry
Secretary to Director of Environment
Environment Department


Mahon, Gerry
freedom of information review request
17:55
FW: Eastwood Leisure Centre and Eastwood Park Masterplan Working Group.eml

FW: Eastwood Leisure Centre and Eastwood Park Masterplan Working Group

Fry, Lesley < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
01/07/2020 16:20
11
2.8 KB
Eastwood Leisure Centre and Eastwood Park Master.ics
FW: Eastwood Leisure Centre and Eastwood Park Masterplan Working Group
Date 12/03/2020
Time 11:00 -> 13:00 Time zone [GMT +00:00] Europe/London
Repeats Never
Participants Mahon, Gerry
Description

-----Original Appointment-----
From: Fry, Lesley < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: 26 February 2020 16:35
To: Fry, Lesley; Cahill, Andrew; Buchanan, Tony (Cllr); Daws, Phil; Fletcher, J (Provost); Grant, B (Cllr); Ian Harper; McReavy, Anthony; Merrick, C (Cllr); O'Kane, Paul (Cllr); Shaw, Mhairi; Wallace, Gordon (Cllr)
Subject: FW: Eastwood Leisure Centre and Eastwood Park Masterplan Working Group
When: 12 March 2020 11:00-13:00 (UTC+00:00) Dublin, Edinburgh, Lisbon, London.
Where: Committee Room, HQ

-----Original Appointment-----
From: Fry, Lesley
Sent: 26 February 2020 16:35
To: Buchanan, Tony (Cllr); Cahill, Andrew; Daws, Phil; Fletcher, J (Provost); Grant, B (Cllr); Ian Harper; McReavy, Anthony; Merrick, C (Cllr); O'Kane, Paul (Cllr); Shaw, Mhairi; Wallace, Gordon (Cllr)
Subject: Eastwood Leisure Centre and Eastwood Park Masterplan Working Group
When: 12 March 2020 11:00-13:00 (UTC+00:00) Dublin, Edinburgh, Lisbon, London.
Where: Committee Room, HQ


Good afternoon

You are invited to the inaugural meeting of the Eastwood Leisure Centre and Eastwood Park Masterplan Working Group.

A light lunch will be provided.

Regards
Lesley

Location Committee Room, HQ
Going? YesMaybeNo

Re: Councillors and Eastwood Park Masterplan cross party member and officer working group 3 years, 8 months ago #23

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Sent: 02 July 2020 11:44
To: Mahon, Gerry < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Cc: Geddes, Craig < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >; Maxwell, Graeme < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Subject: Re: freedom of information review request

Hi Gerry

Sorry, I know you are busy but would appreciate if you can clarify a very important point.

You say in the review response -

'No minute of the meeting has yet been produced.'

You do not say 'No recorded information is held.'

Would appreciate if would please clarify what you mean by saying 'No minute of the meeting has yet been produced.'

Do you mean

- that recorded information is held as a result of the meeting?
- this recorded information is being withheld?
- that recorded information is held to be used to produce a minute of the meeting?
- this recorded information is being withheld?
- if 'No minute of the meeting has yet been produced.' you are saying it is intended to produce a minute of the meeting?

The meeting was held on 12 March 2020.

It is now 2 July 2020. Over 3 1/2 months later.

Your help with this clarification would be much appreciated.

Thanks

Re: Councillors and Eastwood Park Masterplan cross party member and officer working group 3 years, 8 months ago #24

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------ Original Message ------
From: "Mahon, Gerry" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Thursday, 2 Jul, 2020 At 12:12
Subject: RE: freedom of information review request

I understand that brief handwritten notes were taken with a view to formulating a minute which would  then be issued in draft for agreement before being finalised.

Due to the lockdown the notes have not been accessible and the process has not yet been taken forward.

I made specific reference to a minute in my response as you had specifically referenced that  in your request.

No minute is accordingly held and whatever information was recorded has not yet been accessed by me due to the closure of the Speirsbridge office.

Gerry Mahon
Chief Officer – Legal and Procurement


Sent: 08 July 2020 14:58
To: Mahon, Gerry < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Subject: RE: freedom of information review request

Hi Gerry

Thanks for this.

Would appreciate some further clarification.

When do you expect the Speirsbridge office to be open in order for you to access the recorded information(notes)?

Will the recorded information(notes) be published under this FOI review?

If not, how should publication of this recorded information(notes) be requested?

Thanks


------ Original Message ------
From: "Mahon, Gerry" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Friday, 10 Jul, 2020 At 16:04
Subject: RE: freedom of information review request

The Council’ s Recovery  team is currently assessing proposals for reopening of various offices taking account of social distancing  requirements etc but no concrete date has of yet been set.

I would intend to access the notes when the office opens and consider them for disclosure under the Regulations as part of this current review request.

Gerry Mahon
Chief Officer – Legal and Procurement
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