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Contract terms and costs of The Shell Ladies of Margate porjecy
Louise Oldfield made this Freedom of Information request to Thanet District Council
The request was successful.
From: Louise Oldfield
24 November 2011
Dear Thanet District Council,
I am writing to request information under the Freedom of
Information Act.
Specifically I would like information on the Shell Ladies by artist
Ann Carrington.
1. What was the total cost of the Shell Ladies including the statue
on the Margate Harbour Arm.
2. What was the scope of the Orientating Margate project the Shell
Ladies were chosen to fulfil?
3. Please provide the details of the contract with the artist.
4. When and how was it decided to return the Shell Ladies to the
artist.
5. Details of the project evaluation as a signage project for The
Old Town.
6. Details of the legacy of the project.
Our preferred format to receive this information is by electronic
means. If one part of this request can be answered sooner than
others, please send that information first followed by any
subsequent data. If you need any clarification of this request
please feel free to email me. If FOI requests of a similar nature
have already been asked could you please include your responses to
those requests.
Many public authorities release their contracts with private
vendors in line with the Freedom of Information Act. The exemption
for commercial interest under the Act (section 43) is a qualified
exemption, which means information can only be withheld if it is in
the public’s interest. The public have an interest in knowing the
terms of contracts and grants awarded by public authorities,
whether or not public money changes hands immediately.
If you are relying on section 41 (the exemption for legal breach of
confidence) then we would like to know the following:
• When these confidentiality agreements were agreed
• All correspondence and email in which these confidentiality
agreements were discussed.
• The precise wording of the confidentiality agreements
We ask these questions because guidance issued by both the Lord
Chancellor (draft guidance on FOI implementation) and the Office of
Government Commerce (Model terms and conditions for goods and
services) specifically state that public authorities should not
enter into these types of agreements. They go directly against the
spirit of the laws of disclosure. We would also point to the
Information Commissioner’s guidance on accepting blanket commercial
confidentiality agreements: ‘Unless confidentiality clauses are
necessary or reasonable, there is a real risk that, in the event of
a complaint, the Commissioner would order disclosure in any case.’
Finally, within the law of confidence there is also a public
interest test. Therefore, the information should be disclosed in
full. If any parts are redacted they must be for information that
can be proven to be a legal breach of confidence in court, and only
then where secrecy can be shown to be in the public interest. These
are difficult positions to argue when public money is at stake or
where a public authority is offering a private company a monopoly
to charge its stakeholders.
We would be grateful if you could confirm, in writing, that you
have received this request, and we look forward to hearing from you
within the 20-working day statutory time period.
Yours faithfully,
Louise Oldfield
From: Alan Martin
Thanet District Council
30 November 2011
Ref No:32413 / 1926558
Dear Ms Oldfield
Thank you for your communication of 24/11/2011 requesting information on the Shell Ladies by artist Ann Carrington.
Your request is being dealt with under the terms of the Freedom of Information Act 2000 and will be answered within twenty working days.
If you have any queries about this request do not hesitate to contact me. Please remember to quote the reference number above in any future communications.
Yours sincerely,
Alan Martin
Information Request Assessor
show quoted sections
From: Alan Martin
Thanet District Council
20 December 2011
Ref No: 32413 / 1926558
Dear Ms Oldfield
Thank you for your communication received 24/11/2011 requesting information on the Shell Ladies by artist Ann Carrington.
We do hold information falling within the terms of your request, however, we would like to ask for more time to consider your enquiry. The manager who is collating the information has informed me of the following:
The Shell Ladies formed part of the The Banners, Signage and Street Furniture project and was jointly funded by the European Regional Development Fund, East Kent Partnership and Thanet District Council back in 2007. The project was part of the Margate Renewal Partnerships regeneration programme and was managed by them. However, the MRP closed this year which has made it more difficult than usual to locate the information required.
I apologise for the delay; we hope to let you have a full response by Tuesday 10th January 2011.
On receiving your final response, if you are dissatisfied with the handling of your request, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date of receipt of the response to your original letter and should be addressed to: Information Request Assessor, Thanet District Council, P O Box 9 Cecil Street, Margate Kent CT9 1XZ, or send an email to [email address].
Please remember to quote the reference number above in any future communications.
If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at: Information Commissioners Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Yours sincerely,
Alan Martin
Information Request Assessor
show quoted sections
From: Louise Oldfield
20 December 2011
Dear Alan Martin,
Yes, it is ok for you to reply to me by January 10th 2012.
Yours sincerely,
Louise Oldfield
From: Janice Wason
Thanet District Council
12 January 2012
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Dear Ms Oldfield
FOI 32413
Margate Renewal Partnership
The project Ref: Delivering Margate's Creative Quarter
Project Name: Improved signage, banners & street furniture
1. What was the total cost of the Shell Ladies including the statue on the Margate Harbour Arm. £62,000.
2. What was the scope of the Orientating Margate project the Shell Ladies were chosen to fulfil? The Shell Ladies formed part of the project designed to improve Banners, Signage and Street Furniture in Margate’s Creative Quarter and was jointly funded by the European Regional Development Fund, East Kent Partnership and Thanet District Council back in 2007. The project was part of the Margate Renewal Partnership’s regeneration programme and was managed by them.
3. Please provide the details of the contract with the artist. We have passed the contract to our Legal department for their advice on whether or not it can be released as it contains commercial information. We await their advice.
When and how was it decided to return the Shell Ladies to the artist?
The Shell Ladies had to be stored for over 3.5 years in a variety of places For the first season they were stored in a private garage, but on-going costs meant this couldn't be continued. They were then moved to a disused TDC storage space, which proved not to be water-proof and so they were eventually stored in 'The Humbug Shop' and empty central premise on Margate seafront. During their outings and due to the nature of the large 'castings' of the heads and arms, many of the Ladies became seriously damaged and when 'The Humbug Shop' was sold at auction, the condition of the Shell Ladies was appraised by representatives of KCC Arts Development Unit, MACH and Officers of TDC. It was considered that they were no longer an able representation of the artist and that they should be de-commissioned.
It is standard good practice that if an artwork is deemed to be negative in representation of an artist's work and is being considered for de-commission, that the artist has input into the de-commissioning before the work is destroyed. On this occasion it was not possible to consider a re-site, as this was not the issue and the more pressing problem was the deterioration of the artwork. Rather than see the work be destroyed, it was agreed that a favourable way forward would be for the artist to take ownership of the artwork; restoring, insuring and storing the Shell Ladies, so that they were still available in Margate from 2012 onwards. The contract was passed to our legal team, with the suggested way forward and they agreed that this was in keeping with the contract.
Details of the project evaluation as a signage project for The Old Town.
We have no records of a project evaluation. However, we have retained visitor figures to the Tudor House during the summer promoting the Shell Lady trail, the full details of these figures are available upon request.
Details of the legacy of the project.
In legacy of the project could be described as:
Created iconic artwork for Margate.
Created high visibility to the Creative Community, showcasing Margate as a creative town, through national advertising of the competition.
A bronze statute 'Mrs Booth' sits proudly on Margate Pier, looking out to sea. Visitors walk to and visit the statue, giving passing trade the Harbour Arm.
The project attracted National press, making the central pages of The Guardian (see attached photograph) – providing publicity which we could never afford otherwise.
Ann as an artist was covered in an article for the Independent newspaper, showing Thanet as a place for creative practitioners s to live and work.
Between May 31st and August 31st on Saturday's and Sunday's (just 3hrs a day), over 2,300 people visited the Tudor House to take part in the trail.
Sponsorship by Guylian Chocolates through their PR agency, as a prize for taking part in the Shell Lady Competition - created a family experience and animated the Old Town.
People posing with and taking their photos of the Shell Ladies, sites such as Flikr are a testimony to this.
And finally, the Shell Ladies still exist and are available for outings in Margate and will be presented in a professional manner, which befits the artwork and project. These will hopefully draw further press and media, whilst being maintained, insured and stored at no further cost to the council.
I hope that this response to your enquiry is satisfactory.
Yours sincerely
Janice Wason
Community Development Manager
show quoted sections
From: Louise Oldfield
16 January 2012
Dear Thanet District Council,
Please pass this on to the person who conducts Freedom of
Information reviews.
I am writing to request an internal review of Thanet District
Council's handling of my FOI request 'Contract terms and costs of
The Shell Ladies of Margate porjecy'.
I requested information on the Shell Ladies by artist
Ann Carrington.
I asked question 3. Please provide the details of the contract with
the artist.
This information has not been provided. I had specifically stated:
Many public authorities release their contracts with private
vendors in line with the Freedom of Information Act. The exemption
for commercial interest under the Act (section 43) is a qualified
exemption, which means information can only be withheld if it is in
the public’s interest. The public have an interest in knowing the
terms of contracts and grants awarded by public authorities,
whether or not public money changes hands immediately.
If you are relying on section 41 (the exemption for legal breach of
confidence) then we would like to know the following:
• When these confidentiality agreements were agreed
• All correspondence and email in which these confidentiality
agreements were discussed.
• The precise wording of the confidentiality agreements
We ask these questions because guidance issued by both the Lord
Chancellor (draft guidance on FOI implementation) and the Office of
Government Commerce (Model terms and conditions for goods and
services) specifically state that public authorities should not
enter into these types of agreements. They go directly against the
spirit of the laws of disclosure. We would also point to the
Information Commissioner’s guidance on accepting blanket commercial
confidentiality agreements: ‘Unless confidentiality clauses are
necessary or reasonable, there is a real risk that, in the event of
a complaint, the Commissioner would order disclosure in any case.’
Finally, within the law of confidence there is also a public
interest test. Therefore, the information should be disclosed in
full. If any parts are redacted they must be for information that
can be proven to be a legal breach of confidence in court, and only
then where secrecy can be shown to be in the public interest. These
are difficult positions to argue when public money is at stake or
where a public authority is offering a private company a monopoly
to charge its stakeholders.
A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/co...
Yours faithfully,
Louise Oldfield
From: Alan Martin
Thanet District Council
18 January 2012
18 January 2012
Ref No:32413/1926558
Dear Ms Oldfield
This is an acknowledgement of your request to review your FOI response regarding the Margate Shell Ladies. I shall pass this onto Legal Services today.
Yours sincerely,
Alan Martin
Corporate Information Officer
show quoted sections
From: Alan Martin
Thanet District Council
1 February 2012
Dear Ms Oldfield
In addition to the response sent to you on the 12th January 2012, please find attached the contract requested. The case is still marked for an internal review as per your request of the 16th January 2012.
Yours sincerely
Alan Martin
Corporate Information Officer
show quoted sections
From: Harvey Patterson
Thanet District Council
15 March 2012
Ref No:32413 / 1926558
Dear Ms Oldfield
Thank you for your communication received on 17 January 2012 where you requested a review of the decsioniof the Council not to respond to one of your questions requesting information about the contrcat with the artist for the Shell Ladies of Margate Project.
I have conducted a review of the decision to, in effect, not provide you with any information in response to that request and I have decided that the contract should be disclosed.
I have requested my colleagues to make the necessary arrangements for disclosure.
If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF
Yours sincerely,
Harvey Patterson
Corporate & Regulatory Services Manager
show quoted sections
From: Louise Oldfield
15 March 2012
Dear Harvey Patterson,
Thank you for your communication dated 15th March 2012.
I'm happy to hear that the information on the Shell Lady contract
will now be made available.
Please can it be sent digitally via the WhatDoTheyKnow website so
that all the information pertaining to this request is in one
place.
Yours sincerely,
Louise Oldfield
From: Alan Martin
Thanet District Council
20 March 2012
20 March 2012
Ref No:32413/0
Dear Ms Oldfield
Please see e-mail sent on 1st February:
http://www.whatdotheyknow.com/request/co...
Apologies, I should have informed Legal Services that the contract had been sent prior to the internal review.
Yours sincerely,
Alan Martin
Corporate Information Officer
From: Louise Oldfield
15 March 2012
Dear Harvey Patterson,
Thank you for your communication dated 15th March 2012.
I'm happy to hear that the information on the Shell Lady contract
will now be made available.
Please can it be sent digitally via the WhatDoTheyKnow website so
that all the information pertaining to this request is in one
place.
Yours sincerely,
Louise Oldfield
show quoted sections
Things to do with this request
- Add an annotation (to help the requester or others)
- Download a zip file of all correspondence
D. Jones left an annotation (14 January 2012)
They cost a lot and so it would be interesting to know whether the public had a chance to give their views before they seem to have been given away e.g. was there a report the public could read on this and pass comments to Councillors etc.? If not there may have been other opportunities for displaying the artwork that may not have been considered as people didn't get a chance to put forward ideas.
As it's public money it's important that they are seen to be put to the best use - which they may have been but from the answer it seems hard to guage.
Link to this