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Sent: Thursday, 11 Jan, 2024 At 10:00
Subject: Freedom of Information(FOI) Review Request - 8876-9030-8243-0166 - Eastwood Park Leisure Refurbishment/New Build from 26 October 2022 to date

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 8876-9030-8243-0166 made 05/12/2023

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 -

There is no indication from ERC as to what work should be carried out in the period while the Project was on hold.

This FOI request is to get information on what work was carried out in the period 14 December 2022 to date while the Project was on hold.

I believe that the search for 'Eastwood' has greatly exaggerated the volume/numbers of emails/documents.

I belive my request is a reasonable request and that the information can be provided with no cost to myself.

Below is not strictly accurate as the decision to put on hold was actually taken at 14 December 2022 Full Council Meeting

'EAST RENFREWSHIRE COUNCIL - Cabinet 14 December 2023 Report by the Chief Financial Officer - GENERAL FUND CAPITAL PROGRAMME Culture & Leisure
Eastwood Park Leisure – Refurbishment
Para 10 Property, Schools Culture & Leisure
This project was placed on hold at the meeting of the Council on 26 th October 2022with only initial design work being progressed. This will be the subject of a separate report to Council on 13 December 2023 and estimated expenditure in the current year has been reduced by £1.140m.'

'Agenda Item 14
EAST RENFREWSHIRE COUNCIL 14th December 2022 Report by Chief Executive EASTWOOD LEISURE CENTRE / THEATRE OPTIONS
RECOMMENDATION
40. It is recommended that the Council:-
• Notes that a figure of £55m has previously been approved by Council to be included in the capital plan for the purpose of building a replacement Eastwood Leisure Centre;
• Notes that since the capital plan was approved, there has been considerable instability in construction prices, interest rates, and energy prices and that a centre of the scale originally envisaged would require additional investment;
• Consider a range of options for the provision of leisure facilities in Eastwood and identify a preferred option to allow the Head of Accountancy to make changes to the capital plan (if necessary) in preparation for the Council meeting in March 23; and
• Consider the timing of the preferred option'

Extract from Minute of Full Council Meeting 14 December 2022 -

'In conclusion, Councillor O’Donnell recognised some of the unease expressed by Members and stated that it had been appropriate to review the options before making a decision.

Thereafter, seconded by Councillor Anderson, Councillor O’Donnell proposed that Option 2 be selected, keeping the original budget approval of £55 million and deferring the start of construction for 2 years to allow further scrutiny and £5 million of revenue savings within years 2 and 3 of the original plan.
Councillor Buchanan stated that, while he agreed with the majority of the points raised by Councillor O’Donnell, he felt there was a risk in delaying for 2 years, as was the case with Option 2. On that basis Councillor Buchanan, seconded by Councillor Merrick, moved as an amendment that Option 2 be selected, but that work begin as soon as possible to deliver the new facility.
Thereafter, on the roll being called, Councillors Anderson, Campbell, Devlin, Edlin, Provost Montague, Morrison, O’Donnell, Pragnell and Wallace voted for the motion. Councillors Bamforth, Buchanan, Convery, Ireland, Lunday and Merrick voted for the amendment. Councillor McDonald abstained.
There being 9 votes for the motion and 6 for the amendment, with 1 abstention, the motion was declared carried.'

In the above there is no mention of any work to be carried out to generate the number/volume of emails/documents quoted in the FOI response.

My request specifically concerns the Eastwood Park Leisure Refurbishment/New Build.

Not a general query concerning 'Eastwood'.

The numbers quoted does seem extremely large for just 'only initial design work being progressed'

I have no idea who The Council's Major Capital Projects Manager, or any other Council official emails or receives emails from but

Eastwood Park contains
- St Ninian's School Eastwood Park
- Eastwood House Eastwood Park
- Council HQ Eastwood Park
- Eastwood Liesure Centre
- Eastwood Park itself

and a search for 'Eastwood' could bring back info on any one of the above.

A search for 'Eastwood' could also bring back info on
Eastwood High school
Clint Eastwood

My request specifically concerns the Eastwood Park Leisure Refurbishment/New Build.

I can confirm at this stage I can amend the date range for required information to 14 December 2022(Full Council Meeting) to date.

Please give name of Council's Major Capital Projects Manager (who subsequently no longer works for the Council) and date when they left Council.

Please give name of new Council's Major Capital Projects Manager and date they joined Council/took up the post.

Please confirm for the period that no money was paid out by ERC and no invioces received/issued for the project.

There is no indication from ERC as to what work should be carried out in the period 14 December 2022 to date while the Project was on hold.

This FOI request is to get information on what work was carried out in the period 14 December 2022 to date while the Project was on hold.

I believe that the search for 'Eastwood' has greatly exaggerated the volume/numbers of emails/documents.

I belive my request is a reasonable request and that the information can be provided with no cost to myself.

Your help is appreciated.

Thanks