Competitive tendering and OJEU relating to the outsourcing of IW fire control to Surrey.
The request was successful.
From: Sarah Rogers
Dear Isle of Wight Council,
At the full council meeting On Wednesday 15th June 2011 the following question was asked from the public gallery
"Can you please explain why the contract to outsource the Island's emergency control did not also go through a competitive tendering process, nor was it advertised in the Official Journal of the European Community?"
The chairman directed the question to Cllr Abraham, who was unable to respond. The Chairman informed the public that a written response would be made and offered a supplementary Question. The member of the public replied:
'I am fully aware that Section 16 of the Fire & Rescue Services Act 2004 contains a provision which may permit a local fire & rescue authority (FRA) to enter into an arrangement to discharge a function to another FRA. However, as I am sure you are aware, domestic legislation such as the FRA cannot be used to allow a contracting authority to escape its advertising obligations.'
Could you please provide me with the following information relating to that question and supplementary point.
1. Had any advice been sought from within the council prior to this question being asked on the legality of avoiding going through a competitive tendering process and advertising obligations?
2. To be able to provide the written response offered by the chairman, was legal advice subsequently sought from within the Council?
3. To be able to provide the written response offered by the chairman, was legal advice subsequently sought from any other source?
4. To be able to provide the written response offered by the chairman, has advice been sought from any other source?
5. Can you please provide me with the information which was sought and received from questions 1-4.
If you need any clarification or further information relating to my questions please do not hesitate to ask.
From: Cleary, Sarah
Isle of Wight Council
Dear Sarah Rogers
Re: Information Request CRM Ref. iw11/6/33680
Thank you for your information request dated 23 June 2011.
After giving careful consideration to your request I am able to respond in
part by providing you with some of the information you are seeking. Please
find attached a copy of the information I am able to supply in respect of
this aspect of your request.
Unfortunately, the Council is not able to give you the rest of the
information for the reasons detailed in the refusal notice enclosed.
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