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Corporate Services Glasgow City Council City Chambers George Square Glasgow G2 1DU Phone 0141 287 0900 Fax 0141 287 4575 Email [email address] |
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Our Ref |
FOI 2654999 |
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30 October 2009 |
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Sent by email to: [FOI #17519 email] |
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Dear Lord McDowall
Request under the Freedom of Information (Scotland) Act 2002
Thank you for your email received on 30 August 2009 requesting that the following information be provided to you:
“Please provide documents, memos and minutes of meetings
which refer to the Glasgow LGBT centre, its closure,
funding (decision to stop funding) and concerns regarding
allegations of mismanagement and maladministration.”
The Council is treating your request as a request under the Freedom of Information (Scotland) Act 2002.
On inspecting our records and the information which we hold, it would appear that the information requested is covered by an exemption or exemptions contained within the Act. We are required to explain why we believe this to be the case.
The information which you have requested is, in our opinion, exempt from a request under section 1 of the Freedom of Information (Scotland) Act 2002 because of the exemption contained in section 30 of the Act. In other words, in our opinion disclosure of the information would, or would be likely to, inhibit substantially the free and frank exchange of views for the purposes of deliberation. Such candid discussion would be inhibited if information of this type were to be routinely released, to the substantial prejudice to the quality of the decision-making process and, in consequence, to the free and frank exchange of views for purposes of deliberation.
While we believe the exemption contained in section 30 applies in this case, we would still be obliged to release the information in response to your request unless the public interest in maintaining the exemption outweighs the public interest in disclosing the information. Glasgow City Council acknowledges the significant public interest in openness and transparency and therefore recognises that any request under section 1 of the Act is potentially in the public interest. However, we also believe there is a significant public interest in the Council being able to assess critically all factors involved in these types of decisions, and to reach the best possible decision. This includes the interests of the users of the centre and the Council itself. On occasions this can only be
done on the basis of candid advice and a free exchange of views, of a sort which cannot take place if all information is disclosed. The public interest in openness and transparency is, we feel, satisfied by the release of all relevant information concerning the decisions ultimately reached and the reasons for these, without the need to disclose all the debate which surrounded those decisions. In the circumstances we feel that the specific public interest in safeguarding these decision making processes outweighs the general public interest in openness and transparency, and we are not aware of any specific public interest in the particular subject matter of your request. We are therefore unable to comply with your request.
The information which you are seeking has been obtained from a programme of investigation and review which includes a report on the possible options being considered. This report is due to go to the Council's Executive Committee on 30 October 2009 and is available on our website at the following address.
If you are dissatisfied with the way Glasgow City Council has dealt with your request you are entitled to require the Council to review its decision. Please note that for a review to take place you must:
Lodge a written requirement for a review within 40 working days of the date of this letter
Include a correspondence address and a description of the original request and the reason why you are dissatisfied
Address your request to the Executive Director of Corporate Services
Executive Director of Corporate Services
Glasgow City Council
City Chambers
George Square
Glasgow G2 1DU
Email: [email address]
You will receive notice of the results of the review within 20 working days of receipt of your request. The notice will state the decision reached by the reviewing officer as well as details of how to appeal to the Scottish Information Commissioner if you are still dissatisfied with the Council's response. You must request an internal review by the Council before a complaint can be directed to the Scottish Information Commissioner.
If you have any further queries regarding this process, please do not hesitate to contact me.
Yours sincerely
Kathleen Reid
Corporate Compliance Officer
Glasgow - Proud Host City of the 2014 Commonwealth Games