Rob Shorrock

And so my request for information from SKDC on payments made to the outgoing CEO has now gone to the Information Commissioners Office (ICO). It should tell us something about both the success and problems within the Freedom of Information Act that the ICO is averaging a turnaround time of 19 months! 

Slightly dispirited, I came across a rather technical consultation from the DCLG which recognises the problem. Being led by Local Government minister John Healey it is a proposal to ensure that there will be a presumption that the salaries and benefits of senior employees in public authorities will be publically available http://www.communities.gov.uk/news/corporate/1189291

I have drafted a response to the consultation which is posted below:

 I would support the proposed regulations as described.

I would also concur with the ambition to extend this to senior postholders of other publically funded organisations. This would be the officers with the key controlling influence (director level) and\or chief finance officer. This should apply to organisations that are majority funded through public grants. Majority will need to be defined but should be in the region of 2\3rd of overall income.

All interim appointments should be covered by these regulations.

I would also extend the regulation to make it clear that the following data is permissable under freedom of information Act 2000 requests:

• Pay
• Performance related bonuses
• Other bonuses
• Pension information
• Severance payments
• Acting up allowances
• Expenses payments (including access to claims)
• Recruitment incentives
• All cost related employment benefits
• Benefits in kind
• Consultancy payments

The SI should also make it clear that it is not permissable for a publically funded authority to enter into confidentiality agreements with senior employees on any of the above matters and to then hide behind the Data Protection Act. I would be interested to know the interrelationship between this SI and legislation covering Freedom of Information and Data Protection.

In line with recent SOLACE guidance this data should be published along with the authorities annual report.

The consultation closes on the 20th.

I am also in the process of referring the members on the SKDC Chief Executive Performance Panel to the Standards Board for England. Essentially, they have breached their duty be open and transaparent and by agreeing to enter into a confidential agreement with the outgoing CEO hamstrung all the elected members of the council who have essentially be warned that a breach of this agreement could have serious consequences for the council. Ill informed and generally aquescient these members who voted through the secret report probably thought they had little choice.

But there has been little regard to the public interest case for releasing this information. There had been a long period of criticism of the CEO compounded by his decision to take a long period of sabbatical leave to go cycling around Europe, and also the high profile national concerns about pay, expenses and remuneration of senior civil servants and elected officials that appears to be absent from information I have seen and received to date. By entering into a confidentiality agreement, the public interest case was kicked into touch.