ICO tells Olympic legacy body to disclose details of deal with West Ham

Yet another decision that strengthens the public’s right to see information about deals that are kept secret due to “commercial confidentiality”. This decision makes it clear that, in just about all circumstances, this excuse will not wash. ALL details must be disclosed that do not reveal a particular business model.

Oh, oh Pegasus … looks like your deal might be one of those that has to be published in the public domain …

“The Commissioner noted that the arguments underpinning both the LLDC’s and the football club’s position were that disclosure would reveal elements of a business strategy which could be exploited by competitors.
The Commissioner said he acknowledged that the agreement included specific details of the terms on which West Ham used the Olympic Stadium and the obligations placed on the club based on its performance. He also accepted that at the time of the request contracts relating to some of the services provided by the stadium had still to be negotiated.
However, the Commissioner said the LLDC and West Ham had failed to demonstrate the specific way that the information at issue could be exploited by a competitor and, or how disclosure would place either party at a commercial disadvantage.
“In coming to this view, the Commissioner does not dispute that WHUFC operates in a highly competitive field. Yet, the Commissioner also considers that the terms of the Agreement that have been requested do not drill down to the specific business model adopted by WHUFC,” he said.

http://www.localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=24419:ico-tells-olympic-legacy-body-to-disclose-details-of-deal-with-west-ham&catid=53&Itemid=21

Government’s Freedom of Information department being monitored by I ormation Commissioner!

The Government department with overall responsibility for freedom of information (FOI) policy is itself being monitored by the Information Commissioner’s Office (ICO) amid concerns over the timeliness of its responses to FOI requests.

The ICO announced today that it would be reviewing the performance of the MoJ (Ministry of Justice) in relation to FOI requests received between 1 September 2015 and 30 November 2015.

“This is due to delays being identified in a significant number of cases where the statutory time limit of 20 working days was exceeded,” the watchdog said.

The latest MOJ quarterly FOI statistics have indicated that they are well below 85% which is one of the triggers for formal monitoring to be considered by the ICO.

The watchdog has reported that four councils – Greenwich, Cumbria, Nottingham and Salford – have now been taken off formal monitoring following improvements in their performance.

However, the ICO continues to monitor the Metropolitan Police Service and the Department of Finance and Personnel (Northern Ireland).

Graham Smith, the ICO’s Deputy Commissioner and Director of Freedom of Information, said: “Transparency is a cornerstone of a modern democracy and public authorities must respect people’s rights of access to information. That means responding to FOI requests within the statutory timeline of 20 working days, or with a short permitted extension where weighing up the public interest is particularly complex.
“We hope the Ministry of Justice uses this monitoring period to bring about significant improvements in this aspect of its service to the public. Statutory time limits are not optional. The improvements we’ve seen at the Royal Borough of Greenwich, Cumbria County, Nottingham City and Salford City Council are very welcome and I hope these service levels will be maintained.”

http://www.localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=24340:ministry-of-justice-to-be-monitored-over-delays-in-responding-to-foi-requests&catid=59&Itemid=27

No wonder the government wants to water down the Freedom of Information Act

“On Thursday morning, the Department for Work and Pensions is due to release information on those who have died after claiming employment and support allowance, incapacity benefit or severe disablement allowance. The figures are being released after the Information Commissioner’s Office ruled on 30 April that the DWP should disclose data that would show the number of benefits claimants who had died after being found fit to work.”

Guardian website, today

Freedom of Information: Former Labour Home Secretary branded “establishment stooge”

“The Labour Party has turned on its former Home Secretary Jack Straw, accusing him of conniving with the Tories to dismantle the Freedom of Information Act.

Party sources told The Independent that Mr Straw had been asked not to join a committee set up last month by the Cabinet Office to review the workings of the Act. The party fears that the committee will be used by the Tories as cover to restrict what information can be released under the Act and make it harder for the Opposition to scrutinise the work of the Government.

At the time it was launched, the Cabinet Office minister Matthew Hancock insisted the review had cross-party support with Labour being represented by Mr Straw and Lord Carlile representing the Liberal Democrats.

Labour denies this and revealed that the party’s shadow Justice Secretary, Lord Falconer, and acting leader, Harriet Harman, had made it clear to Mr Straw that they did not want him to serve on the committee. However, Mr Straw is said to have insisted he was going to take part anyway – even if it meant doing so in a “personal capacity”. This has angered a number of Shadow Cabinet members who have accused Mr Straw of acting as an “Establishment stooge”. “It was made very clear to Jack that it was not a great thing for him to do and that it would be much better if he did not participate,” said a senior Labour source.”

http://www.independent.co.uk/news/uk/politics/labour-accuses-jack-straw-of-conniving-with-tories-to-dismantle-freedom-of-information-act-10470074.html

Former head of Federation of Small Businesses criticises lack of transparency in Whitehall

Yet more ammunition for those who do NOT believe that Freedom of Information requests are a waste of money and that the Freedom of Information Act is invaluable!

Today’s Western Morning News:

Ian Handford is a former national chairman of the Federation of Small Businesses:

“Whitehall civil servants have always had a problem with transparency, writes Ian Handford. There is little doubt that Whitehall staff and not politicians dream up the majority of new ideas or, as the business community might say, new legislation resulting in more regulation.

Governments come and go as do our Members of Parliament but the process rarely sees civil servants moving on and particularly not the “mandarins”. Today’s most senior civil servant at Whitehall is Sir Jeremy Heywood who has suggested the idea of wanting to amend the Freedom of Information Act (FOI) .

He has stated he wished the FOI rules to be amended as the law was making his officials “less candid” when advising ministers on political issues. Earlier this year an ex-Tory was even quoted as having stated “Sir Jeremy has the Prime Minister by the privates” which seemed an interesting comment bearing in mind the PM’s own comment a few years before about the power of Whitehall.

Some years ago the Daily Mail unearthed an email from Whitehall boss Sir Andrew Cahn, the then head of the UK Trade and Investment (UKTI) quango, in which he had instructed his staff “to invent ways of spending one million pounds of taxpayers’ money” so that he might protect his department’s 2011 budget. The evidence was so damaging the Prime Minister had observed – the Civil Service seemed not to have developed a mind set about saving money continuing. He believed there was a cultural problem in Whitehall. “Frankly, it’s a culture that needs to change and we are going to change it,” he said.

Fine words but in practice a mission to fail, as had previously been found under numerous past Prime Ministers – including Mrs Thatcher.

Why on earth we continue to allow Whitehall officials to become so adept at side-stepping important questions is hard to understand, as it results in less transparency and virtually no accountability, which undermines the democratic process. Most of us can recall the marvellous television series Yes Minister where Sir Humphrey portrayed what happens in the corridors of power. It was a situation I witnessed over a number of years while lobbying for the Federation of Small Businesses.

Whitehall mandarins managed to block the idea of a Foreign Affairs Select Committee being set up to look into the Iraq conflict for more than 13 months before finally in 2013 Sir Jeremy’s predecessor, Gus O’Donnell, having been called to give evidence announced “various memos were not disclosable”. It was then down to Sir Jeremy to act as arbitrator .

Sir Jeremy’s brilliance at Civil Service “speak” is unequalled as question after question drew answers like “our talent matrix” or “functional leaders” or when asked to explain his own involvement in a decision as “no greater than that laid down in a protocol governing the inquiry”.

When Parliament appoints a Select Committee or asks the National Audit Office (NAO) to investigate an issue, the purpose is not to embarrass anyone but to interrogate those who are accountable in the hope of achieving more transparency.

Unfortunately, neither occurs and you have to wonder how it is that state-paid civil servants gain such notoriety.

In the private sector if a proprietor gets something seriously wrong, they will likely lose everything, yet if a civil servant dreams up a bad idea or makes a wrong decision they are rarely named.

For a highly paid civil servant to imagine that any email can remain buried might seems incredible. Yet having dealt with these officials for more than 20 years I know how far removed they are from reality. Sir Andrew, when later asked to comment, was unrepentant saying he had done nothing wrong.

He said: “In Government you are criticised as much for not spending your budget as you are for overspending.” That was exactly the portrayal of Ministers that Sir Humphrey undertook in Yes, Minister.

Sir Andrew eventually did depart, although not before being awarded a reported package of a quarter of a million pounds and a pension pot of a £1 million. Meanwhile the Prime Minister may still be seeking to change attitudes in Whitehall although in my view this is unlikely to occur until Select Committees and the NAO are given political power over decisions.

Sir Jeremy, meanwhile, will continue his quest to amend the FOI, maybe in the hope his staff can be left unaccountable to anyone, while Parliamentary committees will continue to use the law to demand an attendance. A much harsher regime than embarrassment is needed if we are to convince taxpayers that real accountability and transparency is being achieved from those they employ.”

http://www.westernmorningnews.co.uk/harsher-regime-needed-mandarins-accountable/story-27646198
detail/story.html#ixzz3jN5vX5Kd

Spin, spin, spin: DWP admits inventing quotes from fake’benefits claimants’ for leaflet


“The Department for Work and Pensions makes admission following FoI request from Welfare Weekly about leaflet featuring bogus sickness benefit claimants

The DWP made the admission in response to a freedom of information request from the news website Welfare Weekly. The leaflet was taken down from the DWP’s site and replaced with one that illustrated Zac and Sarah only in silhouette, along with a note clarifying: “The people in this factsheet aren’t real. We’ve used these stories to show how sanctions can work in practice.”

… In its response to the FoI request, the DWP said: “The photos used are stock photos and along with the names do not belong to real claimants. The stories are for illustrative purposes only.

“We want to help people understand when sanctions can be applied and how they can avoid them by taking certain actions. Using practical examples can help us achieve this.”

http://www.theguardian.com/society/2015/aug/18/dwp-admits-making-up-positive-quotes-from-benefits-claimants-for-leaflet

So, not real people and not real stories. Thank goodness for the Freedom of Information Act for revealing this!

Cost of Freedom of Information requests

A correspondent – “Jane Newman” – has taken exception to the number of requests people have made to East Devon District Council under the Freedom of Information Act. She suggests that the Taxpayers Alliance might wish to investigate this.

We doubt it, Jane. This is one of the latest FoI requests from the Taxpayers Alliance to the government’s Office of Manpower Economics, asking how many artworks the government possess, where they are displayed and how much the most valuable ones are worth:

Click to access taxpayers_alliance_FOI_reply_pdf_-_June_2015.pdf

and in February of this year the organisation complained that the Freedom of Information Act lacked teeth”:

“The Freedom of Information Act is toothless in the face of a local government ‘gagging letter’ – even if it is regarding alleged wrongdoing by a senior council manager – so says a recent judgment by a First Tier Tribunal. It is not good news for anyone investigating the use or misuse of taxpayers’ money by local government.”

http://www.taxpayersalliance.com/does_the_foi_act_have_enough_teeth

So, Jane, probably not the best organisation to complain to about those pesky people who ask for information to which they believe they are entitled by law!

Though they might well be interested in Information Commissioner v East Devon District Council where the Information Commissioner had to take the council to court to get information released that should have been in the public domain. The Council spent more than £10,000 on that case, which they lost.

Oh, and the judge called EDDC “unhelpful, discourteous and misleading”.

Teflon coating – 2

From P Freeman, comment on earlier post:

I learned today from a FoI to the Electoral Commission that our ERO / RO has not fulfilled his responsibilities in another area, specifically ‘How many people tried to vote on polling day and were found not to be registered?’.

Most other ERO/RO have provided this information, but a few including East Devon’s RO/ERO have not.

See https://www.whatdotheyknow.com/request/east_devon_may_2015_elections_re?nocache=incoming-691871#incoming-691871 .

BBC v Cabinet Office: parallels to Knowle relocation Freedom of Information debacle

Extract from the post directly below:

“I should declare an interest as someone who has made FOI requests to the Cabinet Office [now in charge of “reviewing the FoI Act]and assisted colleagues in doing so. This is one example of a frustrating recent experience:

21 March 2013: BBC makes FOI request to Cabinet Office for the cost of legal assistance provided for witnesses at the Leveson Inquiry.

2 August 2013: Cabinet Office replies, refusing to supply the information on the grounds it is intended for future publication (but without specifying a date).

20 August 2013: BBC asks the Cabinet Office to review its decision.

20 December 2013: BBC complains to ICO that the Cabinet Office has failed to respond to the internal review request.
31 December 2013: Cabinet Office responds, upholding the previous decision and still not providing a publication date.

15 January 2014: BBC complains to ICO about the Cabinet Office refusal.

19 March 2015: After taking over a year to consider the case, the ICO rules that the Cabinet Office stance is not reasonable and that it should give the information to the BBC without further delay. It states: “a denial of that right [of access to information] through procrastination is contrary to the spirit of the legislation”.

April 2015: Cabinet Office decides to appeal against the ICO decision to the Information Rights Tribunal. The case is set to be heard in September.

25 June 2015: The Cabinet Office suddenly withdraws its Tribunal appeal and announces that the cost involved was £287,491.10 – a fact which may well have been considerably more important and newsworthy when the initial request was made 27 months previously than it is now.

Cabinet Office which is now looking at weakening Freedom of Information Act has been in special monitoring – for delays in responding to FOI requests!

You couldn’t make it up: the government department now in charge of looking at ways to weaken the Freedom of Information Act

… has twice been subject to special monitoring by the ICO due to its inadequate performance on processing FOI applications. It’s possible that the Cabinet Office may now face this for a third time.

“In the last two months or so we’ve issued six decision notices against the Cabinet Office for exceeding the statutory time limit – it’s not a good record,” says Graham Smith, the deputy information commissioner.

http://www.bbc.co.uk/news/uk-politics-33696753

We are not alone (unfortunately)

Others in other areas have similar experiences of information being hidden from them and end up having their day(s) in court trying to get it:

https://westwayconcern.wordpress.com/freedom-of-information/

though, in their case, it took a lot less time!

AND this is information we have not (yet) seen for Knowle relocation.

Freedom of Information request, anyone?!

Not-so-secret secret meetings – and the very secret Asset Management Forum

Those of you who are as eagle eyed as the Owl may have spotted that EDDC have now started publishing the agendas and minutes for some of its less well known meetings such as:

  • the Tree Task and Finish Forum (TaFF), of which Claire Wright was previously a member and prime mover;
  • the Arts and Culture TaFF, a pet project of Paul Diviani and his partner (and co-councillor) John O’Leary, which has spent a lot of money on our behalf on the Thelma Hubert Gallery in Honiton;
  • the Grounds Maintenance TaFF (yawn);
  • the Garage Management TaFF (from 2012 – double yawn)
    etc.

But just in case EDDC decide to crow about this being an example of how they have decided out of the goodness of their hearts to voluntarily be more transparent, we should mention that:

  1. EDDC are actually doing this because of the persistence of a local resident and East Devon Alliance member who has complained to the information Commissioner that EDDC are not publishing what ALL councils are already required to publish (i.e. agendas, reports and minutes of all standing forum meetings – see Definition document for principal local Authorities page 7); and
  2. EDDC has still to publish the papers for perhaps the most important of their secretive meetings, the Asset Management Forum.

EDA members and councillors are continuing to fight to have EDDC be fully transparent, so we can all see the full set of documents behind their more controversial decisions.

Anyone got £30 to spare for a good cause?

Sidmothian Jeremy Woodward (who began the Freedom if Information process that East Devon District Council lost in court about secret relocation meetings and papers) is, as of this moment, only £30 away from raising the £660 needed to begin another challenge to EDDC.

This time it is about appropriation of Knowle parkland to enable developers of luxury retirement homes to have a larger outside space.

https://www.crowdjustice.co.uk/case/save-knowle-parkland/

Anyone who thinks this is a good cause is urged to donate the remaining amount. As mentioned before – this is NOT just about Sidmouth. This is about EDDC favouring developers over its own citizens and could happen anywhere in the district where EDDC own land.

Who do you get to review Freedom of Information? Those who benefit most from destroying it

Like the NPPF that was designed by a group of developers.

Like the Food Standards Committee made up of food industry representatives.

And like public speaking at EDDC being reviewed by the Council’s majority party Executive Committee.

At this rate, the Human Rights Act will probably be reviewed by prisoners found guilty of war crimes at the International Criminal Court!

http://www.bbc.co.uk/news/uk-33578842

EDDC Freedom of Information overload: it’s all the fault of heir hunters!

It’s Happy-Clappy Midweek Herald day again – all the local good news (apart from shed burglaries) until we get to page 25. There we find a story that EDDC wants to recruit an extra officer to deal with Freedom of Information requests.

Yes, you might think, they certainly need one after two high-profile run-ins with the Information Commissioner recently, one of which led to EDDC appearing in court (in a case which they lost) and one which criticised them for not offering basic guidance on what was needed for them to comply with a request. Both cases involved serious questions about relocation from the Knowle.

But no, it isn’t planning issues (which, from the whatdotheyknow website form a large part of their enquiries), it’s:

companies asking questions about council contracts

and

heir hunters asking about public burials and next of kin!

Now, this raises a fair few questions.

Why are there so many requests from companies asking about council contracts? We know from Information Commissioner v EDDC that the general public are certainly not allowed to see contracts – commercial confidentiality is always cited as the reason not to provide information. But it seems that companies may be getting information we don’t get.

And surely heir-hunters are seeking information already in the public domain.

Whitewash, hogwash and brainwash – with all the washes being given a fast spin by EDDC’s poorly-named “Communications” Department.

Now THAT’S a local newspaper!

http://localgovernmentlawyer.co.uk/index.php?option=com_content&view=article&id=23676:newspaper-wins-ftt-hearing-over-naming-of-unpaid-council-tax-councillor-&catid=59&Itemid=27

EDDC Cabinet agenda – 15 July 2015

All 203 pages of it:

Click to access 150715-combined-agenda.pdf

Far too many important discussions to mention here – best look at the papers though pages 175-177 on Local Government Ombudsman complaints (particularly those upheld in different local districts) make interesting reading. And then the report on Freedom of Information requests from page 178 -180 is an almost whitewash analysis of current difficulties.

The situation with the Information Commissioner (who recently called East Devon unhelpful and discourteous and of submitting misleading documentation, is discussed under the heading of “Review of recent request for information decisions” – itself perhaps somewhat misleading!

Basically the report is whining, self-serving and contains no insight whatsoever as to the council’s failings. No-one is named (only designations) and EDDC’s correspondence reveals a total lack of admission of responsibility for massive failings of all kinds.

The only recommendations are that EDDC needs a second FoI officer and when they are deciding if a matter should be kept secret another EDDC officer should read the documents and comment!

Tories of East Devon – You just don’t get it, do you?

Wednesday 3rd June

The motion to delay the Knowle Sale by 6 months was placed before Full Council by Cllr Cathy Gardner and Cllr Matt Booth.  They both presented very reasoned cases for the delay and were conciliatory in their approach.  They stressed Transparency to the residents of East Devon and in particular Sidmouth.  They did not oppose the move merely asked for more time to allow greater consultation to ensure that the Council made the right decision.

The reaction was set by Cllr Williamson who insisted that as the decision had already been validated by the Overview and Scrutiny Committee (with a set of “independent” auditors) there was no need to delay – in fact he maintained that there was a need for greater speed.  Other speakers opposing the motion spoke of the need to move and how inappropriate the current building was.

Tories – you just don’t get it!  It is recognised that the current buildings are not fit for purpose AND SOMETHING HAS TO BE DONE – but what that is and how due process is applied is the central issue in this motion.

Previous Committees and Councils sanctioned a move to Sky Park – not a mention of that! Then a sudden concept of two premises – why the change?

The appeal to the Freedom of Information request was scathing of the Council – no acceptance of that or any explanation of what was so important within the papers that they could not be released – I doubt most Tory members had even read (or been able to read) them.

Reference to election results and other “facts” but no concept of the Perception of the public – they rightly feel marginalised.

Tories – you seem to have forgotten that you serve your community – these assets are not yours – they are not even EDDC’s – they are owned by the Council Tax Payers of East Devon – you merely act as temporary custodians in the passage of time.  You MUST consult with your Community – you have failed to do this as on other occasions.  You were given the opportunity last night to make a fresh start with Openness and Transparency – you rejected that offer with your customary arrogance.

The motion was defeated by a recorded vote – this may come back to bite you!

Owl