Tag: The Information Commissioner

What are the 21 paragraphs of reasons why Wirral Council opposes release of the Hoylake Golf Resort contract?

What are the 21 paragraphs of reasons why Wirral Council opposes release of the Hoylake Golf Resort contract?

What are the 21 paragraphs of reasons why Wirral Council opposes release of the Hoylake Golf Resort contract?

                                       

ICO (Information Commissioner's Office) logo
ICO (Information Commissioner’s Office) logo

I’ll declare at the start an interest as the person who made the information request the below is about.

This is an update to two earlier blog posts, the first headlined ICO require Wirral Council to release 94 page draft agreement with Nicklaus Joint Venture Group Limited about Hoylake Golf Resort and the second being Wirral Council asks judiciary to intervene to keep 94 page report on Hoylake Golf Resort secret!

Below are Wirral Council’s grounds of appeal. On the first page it lists Wirral Metropolitan Borough Council as the Claimant, when they are in fact the Appellant.

The case number is EA/2017/0191 in the First-tier Tribunal (Information Rights) which is part of the General Regulatory Chamber. I’ve linked certain words and phrases below such as to legislation or the decision notice. I will point out that there are parts of it I do not agree with.
Continue reading “What are the 21 paragraphs of reasons why Wirral Council opposes release of the Hoylake Golf Resort contract?”

What was the decision in First-tier Tribunal case EA/2016/0054?

What was the decision in First-tier Tribunal case EA/2016/0054?

What was the decision in First-tier Tribunal case EA/2016/0054?

                                                

Liverpool Civil & Family Court, Vernon Street, Liverpool, L2 2BX (the venue for First-Tier Tribunal case EA/2016/0054)
Liverpool Civil & Family Court, Vernon Street, Liverpool, L2 2BX (the venue for First-Tier Tribunal case EA/2016/0054)

I’ll declare at the start I was the Appellant in this First-tier Tribunal case.

As the costs issue has yet to be decided (that is it is still sub judice), unfortunately I’m turning off comments on this blog post to prevent any comments about an issue that is still sub judice.

This decision was received on Friday 23rd September 2016 and is based on the hearing that happened on Wednesday morning (21st September 2016).

Added 28/9/2016 The original 2nd Respondent’s name read incorrectly Merseyside Fire and Rescue Service (not Merseyside Fire and Rescue Authority). The GRC have been in touch with an amended version and it is the corrected version that is below rather than the original.

In the First – Tier Tribunal (information Rights)

Appeal No. EA/2016/0054

BETWEEN

John Michael Brace

Appellant

and

The Information Commissioner

First Respondent

and

Merseyside Fire and Rescue Authority

Second Respondent


 


Consent Order


 


By consent of all parties, the requested information having been provided to the Appellant by the Second Respondent, this appeal is withdrawn.


The Second Respondent’s application for costs pursuant to Rule 10(2) of the 2009 Rules is adjourned for a date and a procedure to be fixed.


David Farrer Q.C.


Tribunal Judge


22nd. September 2016


What was in the 5 A4 page witness statement of Andrew Roberts (Wirral Council) about a Freedom of Information request for the minutes of a meeting of the Headteachers’ and Teachers’ Joint Consultative Committee (EA/2016/0033)?

What was in the 5 A4 page witness statement of Andrew Roberts (Wirral Council) about a Freedom of Information request for the minutes of a meeting of the Headteachers’ and Teachers’ Joint Consultative Committee (EA/2016/0033)?

                                             

At the outset I will make four declarations of interests.

1) I am the Appellant in this case (EA/2016/0033).
2) My wife was my McKenzie Friend in case EA/2016/0033.
3) I made the original Freedom of Information request on the 29th March 2013.
4) I am referred to by name (Mr. Brace) in paragraphs 1, 4 and 5 of the witness statement of Andrew Roberts.

This continues from an earlier blog post headlined What were the 6 A4 pages of partially redacted minutes of a Headteachers’/Teachers’ Joint Consultative Committee meeting and the name of a LGA Associate Tutor that Wirral Council disclosed voluntarily in response to a First Tier-Tribunal (General Regulatory chamber) hearing (case number EA/2016/0033) about a Freedom of Information request first made in March 2013?.

Line breaks are indicated by a double horizontal line break. A picture of Andrew Roberts at a meeting of Wirral Council’s Schools Forum from the 3rd December 2014 is below so people reading know who I’m referring to. I have included his signature at the end of the witness statement as an image.

I have added a links from his witness statement below to decision notice FS50596346 referred to in paragraph 1 of his witness statement as this has been published on ICO’s website. I also link to the Freedom of Information Act 2000 also referred to in paragraph 1.

Where paragraphs cross over multiple page I have added the paragraph number on the second page to preserve formatting and to aid with comprehension.

The witness statement of Andrew Roberts was sent to me by post to the incorrect address (Wirral Council decided to delete the road and property number) for service (recorded signed for mail) by Wirral Council on 31st May 2016. It was received by myself on the 2nd June 2016.

Andrew Roberts at a public meeting of Wirral Council's Schools Forum 3rd December 2014
Andrew Roberts at a public meeting of Wirral Council’s Schools Forum 3rd December 2014

Continue reading “What was in the 5 A4 page witness statement of Andrew Roberts (Wirral Council) about a Freedom of Information request for the minutes of a meeting of the Headteachers’ and Teachers’ Joint Consultative Committee (EA/2016/0033)?”