Business Operations and Partnerships Department
Director of Business Operations & Partnerships: Louise Pringle
Council Headquarters, Eastwood Park, Giffnock, East Renfrewshire, G46 6UG
Phone: 0141 577 3000 Fax: 0141 577 3834
website: www.eastrenfrewshire.gov.uk
Date: 25 August 2023
When calling please ask for: John Burke (Tel. No 0141-577-3026)
e-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it

TO: Councillors O O’Donnell (Chair); A Anderson (Vice Chair); D Devlin and K Pragnell.

CABINET
A meeting of the Cabinet will be held in the Council Chambers, East Renfrewshire Council Headquarters, Eastwood Park, Giffnock on

Thursday, 7 September 2023 at 10.00am.

The agenda of business is as shown below.

Louise Pringle
L PRINGLE
DIRECTOR OF BUSINESS OPERATIONS & PARTNERSHIPS

AGENDA

...

4. Freedom of Information – Council Performance 2022-23 – Report by Chief
Executive (copy attached, pages 27 - 36).

...


You can read report from Council webpage here -

www.eastrenfrewshire.gov.uk/cabinet-070923


Read the report -

www.eastrenfrewshire.gov.uk/media/9453/C...m=638284763096930000

------ Original Message ------
To: "Geddes, Craig" < 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, 25 Aug, 2023 At 16:33
Subject: RE: Freedom of Information Annual Report 2022/23

Hi Craig

I see FOI report to be presented to Cabinet at meeting on 7 September 2023.

Report paints a 'rosy' picture.

However I, ERC and others who use FOI know that under the surface(as can be seen in examples provided below) all was not as 'Rosy' as made out.


------ Original Message ------
To: "Geddes, Craig" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Tuesday, 11 Apr, 2023 At 09:58
Subject: RE: Freedom of Information Annual Report 2022/23

Hi Craig

Thanks for this.

September? The wheels do turn slowly !

It is an important statistic where the Chief Officer(Legal & Procurement) has made reference to poor FOI responses and/or recommended for training to be carried out.

Thanks

------ Original Message ------
From: "Geddes, Craig" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Tuesday, 11 Apr, 2023 At 09:14
Subject: RE: Freedom of Information Annual Report 2022/23

Hi...

Thanks for your comments.

I will indeed be producing an FoI annual report.

No plans as yet, although I imagine it will be going to Cabinet around September.

I note your comments re. improvement actions, etc.

The report is primarily just a statistical summary of response metrics - but I will include a narrative covering broader developments.

Yours
Craig


Sent: 05 April 2023 10:04
To: Geddes, Craig < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Subject: Freedom of Information Annual Report 2022/23

Hi Craig

It's that time again.

Can you confirm a Freedom of Information Annual Report will be produced to cover 2022/23 (1/4/2022 to 31/3/2023).

Can you give an indication of any changes envisaged this year and give a rough estimate of what the report will include, when the report will be compiled and then published.

I would request that the Report makes specific reference to FOI Requests that have resulted in poor reponses, and as a result the Chief Officer (Legal & Procurement) has made reference to these poor responses and/or recommended for training to be carried out.

I think this is important for a balanced view, the report includes the comments made by the Requester and the Chief Officer (Legal and Procurement) in responses below (you may be aware of more)


- 2392-9686-6452-3183

------ 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 >
Sent: Wednesday, 29 Mar, 2023 At 11:06
Subject: Re: Freedom of Information(FOI) Request for Review - 2392-9686-6452-3183 - Licensing Committee Meeting Tuesday 14 February 2023

I refer to the above and to your review request of 13 March 2023 included in the chain below. I have now concluded my inquiries into your request for information and can provide you with my findings.

In the first instance I agree that the response was poorly worded and did not provide you with sufficient clarity as to the information considered to be within the scope of your request nor properly identify the basis upon which information held was not in fact disclosed.

I apologise for these failures and can confirm that these issues will be further reflected in ongoing training for staff handling these matters in the future.

I can confirm that your entitlement is to information held by the organisation at large, not just that available to the officer in question.

My review proceeds on this basis.


Sent: 13 March 2023 08:11
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 >
Subject: Freedom of Information(FOI) Request for Review - 2392-9686-6452-3183 - Licensing Committee Meeting Tuesday 14 February 2023

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 2392-9686-6452-3183 made 17 February 2023.............

My reason for requesting FOI Review is as follows -

The FOI request was not properly read.

I should be provided with all the requested information held by East Renfrewshire Council, not just redacted information available to Eleanor Moore and also given relevant exemptions for withheld information. This was a poor response

- Please find attached redacted information I have available.

1. I did not request certain information given in the response and specifically requested -

This FOI is not interested in copies of Applicant's

Driving Licence
Passport

However, I was provided copies of Applicants' Passports and Driving Licences (one licence with the name [name]).

2. I was not provided with information or exemption for withholding this information -

Please provide the Committee Clerk's note of the proceedings -

The Chief Officer (Legal & Procurement) wrote on 2 February 2023

'I am also advised that the exempt part of proceedings are now being separately recorded for the clerks’ use which obviates the need for written notes. These recordings are made as single computerised files.'

Please provide this file and/or transcript of file contents.


- 5345-1824-9032-1996

------ Original Message ------
From: "Mahon, Gerry" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Wednesday, 8 Feb, 2023 At 19:02
Subject: Re: Freedom of Information Review Request - 5345-1824-9032-1996 - Scotland Loves Local gift card'

Having spoken to the officer who produced the response I can confirm that he appreciates that the terms of the initial response did not satisfy the requirements of the Act and did not address the reasons behind the conclusions reached at that time or the public interest test.

He also recognises that the wording on the public interest test was poorly chosen, his reference to "appeal" being intended to reflect the review process.

I have reminded him of the need to be more explicit in responses and the issues highlighted will more generally be canvassed in the next training meeting for all departmental FOI officers.

Regards
Gerry


Sent: 08 February 2023 14:47
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 >
Subject: Re: Freedom of Information Review Request - 5345-1824-9032-1996 - Scotland Loves Local gift card'

Hi

Sorry typo

Should read The FOI basically said ERC have 'concerns' . That is all. They did not clarify this with any specific details.

------ Original Message ------
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 >
Sent: Wednesday, 8 Feb, 2023 At 14:39
Subject: Re: Freedom of Information Review Request - 5345-1824-9032-1996 - Scotland Loves Local gift card'

To: Gerry Mahon
Cc: craig Geddes

Hi Gerry

Thanks for this Review response.

However, I would like to register my reservations over the quality of the original FOI response that necessitated my Review request.

In my opinion it was a response that showed poor knowledge of the FOI legislation.

The FOI basically said ERC have 'concerns' . That is all. They did clarify this with any specific details.

I would have expected this to have been known and understood.

'In seeking to withhold information under section 33(1)(b), the authority must ensure that it sets out whose commercial interests are likely to be prejudiced, as well as the particular nature of those interests'

The FOI response said - ' I appreciate that there is a public interest test to this exemption; that would be considered under appeal.'

ERC do not just have to 'appreciate that there is a public interest test ', they have to apply the public interest test as part of the FOI response.

I would have expected this to have been known and uderstood.

This has got me really confused - 'that would be considered under appeal.' ?

I did specifically raise this point in my Review Request but you declined to give an explanation.

Under what appeal?

Please explain what this means and why it was specifically included.

Again, in my opinion this shows poor knowledge of the legislation.

Your clarification of the above points will be appreciated and hopefully will enable us to move on with the elimination of these types of poor responses in the future.

Thanks

Thanks

------ Original Message ------
To: "Geddes, Craig" < 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: Sunday, 10 Sep, 2023 At 15:01
Subject: RE: Freedom of Information Annual Report 2022/23 - Cabinet presentation 7 September 2023

Hi Craig

Good to see you again in meeting recording.

You did paint a 'rosy' picture.

However I, ERC and others who use FOI know that under the surface(as can be seen in examples provided below) all was not as 'Rosy' as made out.

It is disappointing you could not highlight the important statistic where the Chief Officer(Legal & Procurement) has made reference to poor FOI responses and/or recommended for training to be carried out.

After your presentation of FOI report at 10:13 in recording the Chair Cllr Owen O'donnell states -

'...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...'

Was this an instruction to yourself to carry out 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?

Your help is appreciated.

Thanks

------ 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: 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 ------
To: 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 >; This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Sent: Wednesday, 27 Sep, 2023 At 10:41
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


I refer to Mr Mahon's response below.


Disappointed you did not have the courtesy to acknowledge my original email and let me know you intended to issue a response in the near future.


However, I do look forward to your response addressing the points raised and giving answers to the questions asked.


Your help is appreciated.


Thanks


------ 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 >; "Burke, John" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >; "ODonnell, Owen (Cllr)" < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Sent: Wednesday, 27 Sep, 2023 At 09:29
Subject: Re: Complaint - Chair Cllr Owen O'Donnell Statement - Freedom of Information Annual Report 2022/23 - Cabinet presentation 7 September 2023

I have noted the terms of your complaint and would advise that I would not intend to take any action as monitoring officer.

The response sought is a matter for the Councillor to address as he sees fit.

In any event, my understanding is that Cllr O'Donnell does intend to issue a response to your request in the near future.

Regards
Gerry Mahon


Sent: 26 September 2023 15:02
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 >; Burke, John < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >; ODonnell, Owen (Cllr) < This e-mail address is being protected from spambots. You need JavaScript enabled to view it >
Subject: Complaint - Chair Cllr Owen O'Donnell Statement - Freedom of Information Annual Report 2022/23 - Cabinet presentation 7 September 2023

Cc: Cllr Owen O'Donnell Cabinet Chair
Craig Geddes
John Burke

Dear East Renfrewshire Council Councillors' Code of Conduct Monitoring Officer - Gerry Mahon

Sorry, but If not you, please forward to relevant person to deal with.

I wish to make complaint that my request of 11 September 2023 to Cabinet Chair has been ignored and requested information not given.

This complaint can be resolved at this stage of the Complaints Process by

- Acknowledging my email of 11 September 2023

and

Giving the requested information made in my email of 11 September 2023 -

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...'

1 - So, how can you note this?

2 - 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?


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


4 - 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?


5 - 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...'

6 - So, how can you note this?

7 - Would appreciate if you can correct this error.


This complaint can be resolved at this stage by

Acknowledging my email of 11 September 2023

and

Giving the requested information made above.

Thanks


------ 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: Friday, 15 Sep, 2023 At 10:24
Subject: Re: 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

Would appreciate courtesy of acknowledgement/response correcting 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 ------
To: 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 >; This e-mail address is being protected from spambots. You need JavaScript enabled to view it
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


------ Original Message ------
To: 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 >; This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Sent: Wednesday, 4 Oct, 2023 At 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