SOLICITOR TO THE COUNCIL & CORPORATE LEGAL TEAM
MARK HEATH, LLB Solicitor, Dip.LG
Southampton City Council
Civic Centre
Southampton SO14 7LT
Direct Dial:
023 8083 2794
Fax:
023 8083 2308
Email:
[email address]
Our ref: RJI/lpl
Please ask for:
Mr R Ivory
Date:
21st December 2009
Stephen Nash
(Email: [FOI #23667 email])
Dear Stephen
FREEDOM OF INFORMATION REQUEST
Thank you for your Freedom of Information request received on 24th November 2009. In your
request, you have requested the fol owing information.
1.
For the last year, the total amount spend on outside legal advice.
2.
The name and address of those provided the advice and how much was paid to them and
to which departments they were provided advice to.
Please find attached a spreadsheet giving the information you have requested.
Section 40 (2)
Whilst disclosing to you the detail of outside legal advice, namely the total spend, address of
Counsel and the directorate involved, the Council has decided that the information you have
requested relating to names of those individuals is exempt from disclosure by virtue of the fol owing
exemption:
S40: Personal Information
The section states that ‘information held by a public authority is exempt information if it constitutes
personal data…and…the disclosure of the information to a member of the public otherwise than
under this Act would contravene (i) any of the data protection principles…’
The information redacted from the spreadsheet (i.e names of counsel instructed by the Council)
constitutes personal data of third parties within the meaning of the Data Protection Act 1998. The
first data protection principle requires that personal data shal be processed fairly and lawful y, and
in particular shal not be processed unless at least one of the conditions in schedule 2 of the Data
Protection Act 1998 is met. The Council is satisfied that none of the conditions set out in schedule
2 would be met in this case and the Council is therefore prohibited from releasing such third party
data.
Under the Freedom of Information Act 2000, section 40(2) is an absolute exemption in accordance
with s40(3)(a)(i) if disclosure by the authority would contravene any of the data protection
principles as set out on the Data Protection Act 1998. This means that a public authority is under
no duty to consider whether disclosure should nevertheless be made in the public interest.
I am obliged to inform you that al material supplied to you including, layout, presentation, text,
logos, icons, photos, and al material is copyright © Southampton City Council (date documents
produced), unless otherwise stated. Please note that the Council cannot guarantee the accuracy
of information supplied.
Response to Stephen Nash
2
Stephen Nash
21st December 2009
Use of any material supplied in response to your Freedom of Information request including
reproduction or transmission in any form by any means electronic, mechanical, photocopying,
recording or otherwise, or stored on any retrieval system of any nature of any material contained in
these pages may not be made without permission. No use of any material is authorised without
the express written permission of the Solicitor to the Council. The supply of documents does not
give you an automatic right to re-use the documents in a way that would infringe copyright.
If you have any complaints in respect of your information request, please write to the Complaints
Officer:
Corporate Complaints Officer
Corporate Policy and Performance Division
Southampton City Council
Civic Centre
Southampton SO14 7LT
Alternatively you can telephone 023 8083 3050. If your complaint is not resolved to your complete
satisfaction, you have the right to apply to the Information Commissioner for a decision.
The Information Commissioner’s Office can be contacted by way of letter addressed to:
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Alternatively you can telephone: 01625 545 700
Please contact me again if you require any further assistance on this matter and I wil do my best
to provide relevant help and advice.
Yours sincerely,
Richard Ivory
Assistant Solicitor to the Council
If you would like this letter sent to you in another format or language, please contact the
number at the top of this letter.
Response to Stephen Nash