------ Original Message ------
From: "Jenkins, Anthony2" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Cc: "EN EnvFoi" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Monday, 18 Dec, 2023 At 15:51
Subject: Environmental Information Regulations Response - 0281-2166-8501-2885

Information Request under the Environmental Information (Scotland) Regulations 2004

I refer to your Information Request (referenced 0281-2166-8501-2885) regarding the progress on the Clarkston Parklets, following the October 2023 Cabinet report.

To clarify, I am answering the information request under the Environmental Information (Scotland) Regulations 2004, as the information relates to buildings, planning, roads or the state / status of ground or air.

In relation to your query, I can confirm that following the 5 October Cabinet, scoping of options has been carried out - to be within the £30,000 cost parameters within the Cabinet Report.

A tendering exercise is required to be carried out and as such the refurbishment and maintenance programme has yet to commence.

The frequency of maintenance will be determined by the successful tender bid.

The costs will be in line with the £30,000 figure within the Cabinet Report.

I can confirm that the 5 October Cabinet report is currently the only report in relation to the refurbishment and maintenance programme of the Clarkston Parklets at this time.

In relation to your ask for both all relevant correspondence on the matter, in light of the tendering exercise having not yet been carried out; and as such the process is still effectively a draft.

With this in mind I have not disclosed all correspondence as under Regulation 10(4)(d) of the Environmental Information (Scotland) Regulations 2004 - I believe it is material still under the course of completion.

I am of the belief that as the tendering exercise may result in tweaks to the option undertaken and proposed model of activity at the parklets, full disclosure could negatively affect the works to be undertaken, by presenting incomplete data / materials.

I have considered the public interest test in this matter, and while I recognise that the project is of interest to the public - providing materials relating to incomplete work would be detrimental at a point where full expectations on what works can realistically be carried out within the £30,0000 figure outlined in the previous Cabinet report you have cited.

In the hope it is of assistance to you, and to clarify on some of your asks, despite the exemption above, because this is of significant public interest to those in Clarkston, please find below a summary of the works that would be included within the forthcoming tender for repair and refurbishment of the Clarkston Parklets:

Parklets

All parklets 1-4 decking will be power washed only and any loose boards will be repaired.

The benches and planters will also be power washed, cleaned, sanded and sealed.

The configuration of the parklets 1-4 will remain the same.

Full road closure will be required from traffic lights to Strawhill Road junction.

All Based on approx 2-3 week programme (estimated).

Planters

Replace dead and missing Ivy, Geraniums, Grasses and Phormiums as required and remove any dead growth and prune back as required.

As mentioned, the costs of any repair and refurbishment under the tendering exercise will be in line with the £30,000 figure outlined in the October Cabinet report.

I hope this information has been of use.


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 Legal Officer
Council Headquarters
Rouken Glen Road
Giffnock
G46 6UG

Or by email to:

This e-mail address is being protected from spambots. You need JavaScript enabled to view it

marking your letter / email "Environmental Information Regulations, request for review". In your response, please state 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. Their address is:

Scottish Information Commissioner
Kinburn Castle
St Andrews
Fife
KY16 9DS

Regards
Anthony
Anthony Jenkins
Resilience Coordinator
Environment Department
East Renfrewshire Council

------ 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
Sent: Friday, 5 Jan, 2024 At 12:06
Subject: Freedom of Information(FOI) Review Request - 0281-2166-8501-2885 - Update on progress since Cabinet Meeting on 5 October 2023 - Agenda Item 6 -CLARKSTON PARKLETS

Cc:Craig Geddes

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

REQUEST FOR FREEDOM OF INFORMATION(FOI) REVIEW

I wish to request FOI review for the FOI request FOI 0281-2166-8501-2885 made 22/11/2023 attached to this email.

Gerry Mahon, The Chief Officer Legal & Procurement, East Renfrewshire Council, 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.'

and The Scottish Information Commissioner has written -

'The duty to advise and assist
Under FOI law, authorities have a duty to advise and assist people who want to access their information. The duty to advise and assist makes sure that customer service and customer engagement are central to FOI practice.
Taking a positive and proactive approach to the duty to advise and assist will strengthen relations with service users and help build trust. Offering help, support and guidance to people looking for information will also reduce the likelihood of more FOI requests.
Legal requirement
The FOI Act requires authorities to provide reasonable advice and assistance to people who have made, or are planning to make, a request for information (section 15).
The EIRs contain a similar provision for requests for environmental information (regulation 9).
Both the FOI Act and the EIRs say that authorities which comply with the Scottish Ministers' FOI Code of Practice when providing advice and assistance are complying with the duty under FOI law.'

The Scottish Information Commissioner has also written in their December 2022 Newsletter

'Open Update: FOI News from the Scottish Information Commissioner December 2022
Make the most of the FOI review process
Authorities are always given a chance to provide comments during our appeal investigations. However, we too often see authorities change their position during the investigation, suggesting that their initial response wasn't properly thought through.
Recently we've seen examples of proper searches not being carried out until we get involved; authorities locating additional information during the investigation; confusing and inadequate submissions; exemptions being changed mid-investigation (then changed back); and authorities not knowing what information they withheld under particular exemptions. (These examples are taken from cases such as Decision 125/2022 and 128/2022). For obvious reasons, this makes an investigation more complex and more time-consuming for all involved.
The FOI 'review' stage gives authorities an opportunity to reconsider the handling of a request - and they should remember than an appeal to the Commissioner will often follow a review. Authorities should always make the most of this important opportunity to get their FOI response right.'

My reasons for requesting FOI Review are as follows -


Yes as Anthony Jenkins confirms, there is significant (and probably a great deal more) public interest in this, as although in the Consultation a majority of 461 people responded that they were not in favour of the parklets being made permanent, the Council have gone ahead anyway.

There is again significant (and probably a great deal more) public interest, as the Consultation was started in November 2021 and it is now January 2024 and any work has yet to commence.

It is now over 3 months since 5 October 2023 Cabinet Meeting.

1. 'scoping of options has been carried out - to be within the £30,000 cost parameters within the Cabinet Report. '

There is no reason given as to why disclosure of these 'scoping of options' has been withheld.

2. As the work has to be within the £30,000.00 budget and the information below has been provided -

'please find below a summary of the works that would be included within the forthcoming tender for repair and refurbishment of the Clarkston Parklets:

Parklets
- All parklets 1-4 decking will be power washed only and any loose boards will be repaired.
- The benches and planters will also be power washed, cleaned, sanded and sealed
- The configuration of the parklets 1-4 will remain the same.
- Full road closure will be required from traffic lights to Strawhill Road junction.

All Based on approx 2-3 week programme (estimated)

Planters
Replace dead and missing Ivy, Geraniums, Grasses and Phormiums as required and remove any dead growth and prune back as required.'

I believe -

that below is just a bit of bureaucratic spin and the requested correspondence should be disclosed/provided.

'...I am of the belief that as the tendering exercise may result in tweaks to the option undertaken and proposed model of activity at the parklets, full disclosure could negatively affect the works to be undertaken, by presenting incomplete data / materials.
I have considered the public interest test in this matter, and while I recognise that the project is of interest to the public - providing materials relating to incomplete work would be detrimental at a point where full expectations on what works can realistically be carried out within the £30,0000 figure outlined in the previous Cabinet report you have cited. '


3. I do not believe this to be true -

' full disclosure could negatively affect the works to be undertaken, by presenting incomplete data / materials.'

4.Again, I do not belive this to be true -

'providing materials relating to incomplete work would be detrimental at a point where full expectations on what works can realistically be carried out within the £30,0000 figure outlined in the previous Cabinet report you have cited. '


The requested correspondence should be provided.

Your help is appreciated.

Thanks

Sent: 05 January 2024 12:17
To: Jenkins, Anthony2 < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Subject: Re: Environmental Information Regulations Response - 0281-2166-8501-2885

Hi Anthony

Would appreciate your help.

When you say - ' A tendering exercise is required to be carried out...'

Can you confirm that details of this tender/tender exercise will appear here -

www.publiccontractsscotland.gov.uk/Contr....aspx?AuthID=AA00183

If not where can details be found?

Your help is appreciated.

Thanks

------ Original Message ------
From: "Jenkins, Anthony2" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Friday, 5 Jan, 2024 At 15:25
Subject: Re: Environmental Information Regulations Response - 0281-2166-8501-2885

Good Afternoon...,

I am messaging to acknowledge your email.

I will raise this query with appropriate colleagues and come back to you accordingly.

Regards
Anthony
Anthony Jenkins
Resilience Coordinator
Environment Department
East Renfrewshire Council

------ Original Message ------
On Tuesday, 9 Jan, 2024 At 09:55, Jenkins, Anthony2< This e-mail address is being protected from spambots. You need JavaScript enabled to view it > wrote:

Good Morning...,

To clarify in relation to the procurement side of things, this requirement with be published as a quick quote in line with Scottish Government Procurement Guidance as well as the Council's Standing Orders.

Regards
Anthony

Anthony Jenkins
Resilience Coordinator
Environment Department
East Renfrewshire Council


Sent: 09 January 2024 10:07
To: Jenkins, Anthony2 < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Subject: Re: Environmental Information Regulations Response - 0281-2166-8501-2885

Hi Anthony

Where will it be published and how can I access and read the 'quick quote'.

please supply link.

Thanks

------ Original Message ------
On Tuesday, 9 Jan, 2024 At 15:28, Jenkins, Anthony2< This e-mail address is being protected from spambots. You need JavaScript enabled to view it > wrote:

Good Afternoon...,

The publication would be via the Public Contracts Scotland portal:

www.publiccontractsscotland.gov.uk/Contr....aspx?AuthID=AA00183

Apologies I should have made that clear / included that in my initial response.

In relation to viewing the quick quote; you would not be able access & read it as they are not visible to anyone who is not invited to the process.

Regards
Anthony
Anthony Jenkins
Resilience Coordinator
Environment Department
East Renfrewshire Council

------ Original Message ------
From: "Jenkins, Anthony2" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Monday, 15 Jan, 2024 At 09:37
Subject: Re: Environmental Information Regulations Response - 0281-2166-8501-2885

Good Morning...,

With regards your further enquiries on 9 January, please find the below in the hope it is of assistance.

Q - Why are you now sending me the same link?

A - This link had been included, as it is where information on any Public Contract would be shared.

Q - When will the relevant entry appear?

A - The Council is still working to finalise a programme for these works, so is unable to comment further on timescales. Even once a programme is in place, it would be indicative due to various external and internal factors that may impact on a procurement process and awarding a contract.

Q - Why would I not be invited to the process?

A - Please refer to the Council's Contract Standing Orders and Procurement Strategy, which outlines how the Council carries out procurement activity and how it selects bidders (both documents should be hyperlinked).

Q - When will invites be sent out?

A - The Council is still working to finalise a programme for these works so is unable to comment further on timescales.

Q - How can I be informed when invites are sent out?

A - Only bidders invited to the process, in line with the Contract Standing Orders and Procurement Strategy, will be invited.


I hope this information is of assistance to you.

Regards
Anthony
Anthony Jenkins
Resilience Coordinator
Environment Department
East Renfrewshire Council

++++

Did you notice?

++++


------ Original Message ------
From: "Jenkins, Anthony2" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Thursday, 11 Apr, 2024 At 16:30
Subject: Re: Update on Progress Clarkston Shops Parklets - Re: Environmental Information Regulations Response - 0281-2166-8501-2885

Good Afternoon...

In relation to the capital works to the parklets to improve the health and safety of them, these works have been completed.

New planting will take place over the next couple of months, subject to the weather.

I hope this information helps.

Regards
Anthony
Anthony Jenkins
Resilience Coordinator
Environment Department
East Renfrewshire Council