agendas and minutes of Wirral Public Service Board meetings

ScarletPimpernel made this Rhyddid Gwybodaeth request to Wirral Metropolitan Borough Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Gwrthodwyd y cais gan Wirral Metropolitan Borough Council.

Dear Wirral Metropolitan Borough Council,

Please could you supply the agendas and minutes for the Wirral Public Service Board meetings for the last twelve months. For the purposes of clarity, this request is being made on the 13th November 2013, so this is for the period 14th November 2012 to the 13th November 2013.

Thank you.

Yours faithfully,

John Brace

Corrin, Jane, Wirral Metropolitan Borough Council

1 Atodiad

Dear Mr. Brace,

Thank you for your enquiry below.    I am the qualified person for the
purpose of your enquiry and as such I consider that the information you
have requested is exempt under Section 36 (2) (b) (ii) of The Freedom of
Information Act 2000.  Please see details on this exemption here - 36 (2)
Information to which this section applies is exempt information if, in the
reasonable opinion of a qualified person, disclosure of the information
under this Act –

                                    (b) would, or would be likely to,
inhibit –

                                    (ii) the free and frank exchange of
views for the purpose of deliberation.

 

I am required to give a reasonable opinion about the likelihood of
inhibition under Section 36 (2)(b) (ii); my reasonable opinion is that if
the requested information were disclosed it would be likely to inhibit the
free and frank exchange of views for the purposes of deliberation.   In
reaching this conclusion I have had regard to the guidance issued by the
Information Commissioner’s Office - Prejudice to the effective conduct
of public affairs (section 36 ) Version 2.  I believe that Members of the
Public Service Board would be reluctant to participate in a full, free and
frank exchange of views, if they knew that their responses would be
attributed to individual member.  This would lead to
suppression/restraining of the freedom to express such opinions.   The
exchange of views is a key factor as part of the process of deliberation,
in regard to important Council issues.

 I further believe there would be a “chilling effect” and that the loss of
candour and frankness that would ensue, would likely damage the quality of
deliberation taking place.  This in turn would lead to a poorer decision
making process in respect of the issues under consideration by the Board. 

 

I have to consider the public interest test in this matter and I consider
that the public interest in maintaining the exemption outweighs the public
interest in disclosure.   I have reached this decision, as disclosure of
the information requested would make it less likely that individual Board
members would participate in giving full, free and frank exchanges of
views.  This would be because they would know that such views and
deliberations would then be made available in a form, which would identify
them to a member of the public.  In addition I have also had regard to
public interest factors in favour of disclosure.  I have considered such
aspects as transparency in respect of the views contributing to the
deliberation process.  After consideration I believe these are outweighed
by the “chilling effect “ and the suppression of that full, free and frank
exchange of views.   After these careful considerations and as the
authorised person, I am satisfied that the balance of the public interest
test favours withholding the information requested.

 

In addition to the exemption as detailed above, I also consider that your
request for information in relation to the Public Service Board is exempt
information under Section 40 (2) of the Freedom of Information Act.  This
is because you are requesting information which would enable you to
identify living individuals, in respect of which you are not the data
subject.  Therefore disclosure of the information you have requested
would, in my opinion contravene the 1^st Data Protection Principle, which
is that personal data shall be processed fairly and lawfully, and shall
not be processed unless at least one of the conditions in Schedule 2 of
the Data Protection Act 1998 is met.

I do not consider that any of the conditions in Schedule 2 would be met;
this is an absolute exemption and is not subject to the public interest
test.

 

Your request is therefore refused under Section 17 (1) of Freedom of
Information Act 2000, relying on the exemption contained in Sections 36
and 40 (2) of the Act.

 

You have the right to ask for an internal review with regard to the
refusal of your request.  Any request should be emailed to
[1][email address]  and it will be assigned to an
independent Officer.  If you are dissatisfied with any response to an
Internal Review, then you can complain to the Information Commissioner at
[2]https://www.ico.org.uk/Global/contact_us

 

Your sincerely and sent on behalf of the Qualified Officer

Surjit Tour

Head of Legal & Member Services and Monitoring Officer

Department of Transformation and Resources

Wirral Metropolitan Borough Council

Town Hall

Brighton Street

Wallasey

Wirral

CH44 8ED

 

Tel:  0151 691 8569

Fax: 0151 691 8482

Email: [3][email address]

 

Visit our website: [4]www.wirral.gov.uk

 

This information supplied to you is copyrighted and continues to be
protected by the Copyright, Designs and Patents Act 1988. You are free to
use it for your own purposes, including any non commercial research you
are doing and for the purposes of news reporting. Any other reuse, for
example commercial publication, would require our specific permission, may
involve licensing and the application of a charge.

 

 

From: ScarletPimpernel [mailto:[FOI #184810 email]]
Sent: 13 November 2013 15:32
To: InfoMgr, FinDMT
Subject: FOI 730538 - John Brace - Agendas and Minutes of Wirral Public
Service Board meetings

 

Dear Wirral Metropolitan Borough Council,

 

Please could you supply the agendas and minutes for the Wirral Public
Service Board meetings for the last twelve months. For the purposes of
clarity, this request is being made on the 13th November 2013, so this is
for the period 14th November 2012 to the 13th November 2013.

 

Thank you.

 

Yours faithfully,

 

John Brace

 

dangos adrannau a ddyfynnir

References

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2. https://www.ico.org.uk/Global/contact_us
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mailto:[email address]
4. http://www.wirral.gov.uk/
http://www.wirral.gov.uk/