Documentation submtted to Richard Penn for his report into the allegations about the role of the Director of Technical Services in the award of the HES Contract

ScarletPimpernel made this Freedom of Information 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.

The request was partially successful.

ScarletPimpernel

Dear Wirral Metropolitan Borough Council,

Over Christmas 2012 Wirral Council published a report of Richard Penn titled "Preliminary investigation into issues raised in the Report in the Public Interest in relation to the role of the Director of Technical Services in the
procurement and management of the HES contract" which can be downloaded from Wirral Council's website at http://www.wirral.gov.uk/downloads/5295 .

The report at 1.5 states "a full documentation list is available if required".

I would like to request:

(a) the full documentation list of documents provided to Richard Penn in writing his report and

(b) a copy of the documents specifically referred to in his report at 1.4 which are

(1) a copy of the draft Report in the Public Interest (March 2012) on the HES contract
(2) correspondence between the Council and the Director in relation to the investigation and his suspension on 30 March 2012
(3) the PIDA report, September 2010
(4) copies of correspondence in 2011 between Dave Green and the Chief Executive
(5) the draft HES follow up report, December 2012 subject to section 49 Audit Commission Act 1998
(6) an email with attachments from the Audit Manager dated 6 February 2012
(7) an email with attachments from the Audit Manager dated 8 February 2012
(8) the District Audit response to the Council response to draft report in email dated 08 February 2012
(9) the response from District Auditor dated 30 March 2012
(10) the Council’s Conflict of Interest Policy
(11) the Council’s Conflict of Interest of Procedure

Thank you.

Yours faithfully,

John Brace

ScarletPimpernel

Dear Wirral Metropolitan Borough Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Wirral Metropolitan Borough Council's handling of my FOI request 'Documentation submtted to Richard Penn for his report into the allegations about the role of the Director of Technical Services in the award of the HES Contract'.

My original FOI request made on the 15th April is below. I have not received a reply to my request within the 20 day deadline which was 16th May 2014. Therefore I am requesting this internal review as I have not received a reply within the statutory deadline.

Dear Wirral Metropolitan Borough Council,

Over Christmas 2012 Wirral Council published a report of Richard
Penn titled "Preliminary investigation into issues raised in the
Report in the Public Interest in relation to the role of the
Director of Technical Services in the
procurement and management of the HES contract" which can be
downloaded from Wirral Council's website at
http://www.wirral.gov.uk/downloads/5295 .

The report at 1.5 states "a full documentation list is available if
required".

I would like to request:

(a) the full documentation list of documents provided to Richard Penn in writing his report and

(b) a copy of the documents specifically referred to in his report at 1.4 which are

(1) a copy of the draft Report in the Public Interest (March 2012) on the HES contract
(2) correspondence between the Council and the Director in relation to the investigation and his suspension on 30 March 2012
(3) the PIDA report, September 2010
(4) copies of correspondence in 2011 between Dave Green and the Chief Executive
(5) the draft HES follow up report, December 2012 subject to section 49 Audit Commission Act 1998
(6) an email with attachments from the Audit Manager dated 6 February 2012
(7) an email with attachments from the Audit Manager dated 8 February 2012
(8) the District Audit response to the Council response to draft report in email dated 08 February 2012
(9) the response from District Auditor dated 30 March 2012
(10) the Council’s Conflict of Interest Policy
(11) the Council’s Conflict of Interest of Procedure

Thank you.

Yours faithfully,

John Brace

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/d...

Yours faithfully,

ScarletPimpernel

Corrin, Jane, Wirral Metropolitan Borough Council

2 Attachments

Good Morning

Thank you for your request for an internal review shown below, the Council
apologies for the delay in responding to you. 

In relation to the rest of your enquiry below, the Council is unable to
disclose the information you have requested and has relied on the
exemption contained within Section 40 (2) of The Freedom of Information
Act 2000 – Personal Data.  More detail on our reliance on this exemption
is below:

 

The Council considers the information you have requested is exempt
information under Section 40 (2) of the Freedom of Information Act
2000. The Council believes that disclosure of the information could lead
to the identification of living individuals. Because of this, disclosure
of the information would contravene The Data Protection Act 1998 and in
particular, the 1st Data Protection Principle. The 1^st Principle states
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.

 

Definition of Schedule 2 - Conditions relevant for purposes of the first
principle: processing of any personal data

 

1.         The data subject has given his consent to the processing.

 

2.         The processing is necessary:-

(a) for the performance of a contract to which the data subject is a
party, or

(b) for the taking of steps at the request of the data subject with a view
to entering into a contract.

 

3.         The processing is necessary for compliance with any legal
obligation to which the data controller is subject, other than an
obligation imposed by contract.

 

4.         The processing is necessary in order to protect the vital
interests of the data subject.

 

5.         The processing is necessary for the administration of justice
or is required by law.

 

6.         The processing is necessary for the purposes of legitimate
interests pursued by the Council of a third party or parties to whom the
data are disclosed.

 

I do not consider that any of the conditions in Schedule 2, as outlined
above would be met; this is an absolute exemption and is not subject to
the public interest test. Your request is therefore refused for the
reasons set out above and the Council has relied on the exemption
contained within Section 40(2) of The Freedom of Information Act 2000. 
You have the right to complain to the Information Commissioner, if you are
dissatisfied with the outcome of this internal review, contact
[1]https://www.ico.org.uk/Global/contact_us

 

Please see attached the Council’s Conflict of Interest Policy and also
it’s Conflict of Interest Procedures, as requested.

 

Kind Regards

Jane Corrin

Information and Central services Manager

Transformation and Resources

Wirral Council

 

 

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.

 

 

 

show quoted sections