Thank you for your email which has been forwarded to the FoI office for response.

Kind regards

Customer Services
Swindon Borough Council
Wat Tyler House
Swindon SN1 2JG
Phone: 01793 445500

E-mail: [Swindon Borough Council request email]
Website: www.swindon.gov.uk

show quoted sections

Dear Mr Reid,

FOI101000232334 Freedom of Information Request

Thank you for your attached request which was received on 23 August and I
am dealing with it under the terms of the Freedom of Information Act 2000.

The Council has a duty to respond promptly or no later than 20 working
days, which in this case is 22 September 2010. However, as in this case,
if a qualified exemption applies to the information and the public
interest test is engaged, the Act allows the time for the response to be
longer than 20 days, and the information must be supplied within what is
considered a `reasonable' time scale considering the circumstances of the
case.

We need to consider if the information is subject to Section 42 which sets
out an exemption from the right to know for information protected by Legal
Professional Privilege and or Legal Advice Privilege and Section 36
Prejudice to the effective conduct to public affairs.

We anticipate it will take a further seven day s before we can come to a
conclusion which in this case will be 1st October 2010.

If you have any queries about this matter please contact me. Please
remember to quote the reference number above in all future communications.

Yours sincerely,

Sharon Druett

Sharon Druett ([email address])
Freedom of Information Officer
Law and Democratic Services
Swindon Borough Council
Tel: 01793 463377
Fax: 01793 463405
Web: [1]www.swindon.gov.uk

Please consider the environment before printing this email.

show quoted sections

Thank you for your email which has been forwarded to the FoI office for response.

Kind regards

Customer Services
Swindon Borough Council
Wat Tyler House
Swindon SN1 2JG
Phone: 01793 445500

E-mail: [Swindon Borough Council request email]
Website: www.swindon.gov.uk

show quoted sections

Dear Mr Reid

Ref: FOI101000232334 Freedom of Information Request

Further to my acknowledgement, I enclose for your attention, the following
information;

1. How many sources of legal advice regarding the grant given to the
Swindon Dial A Ride Service have been used to determine or
otherwise verify that the grant described as 'illegal' by Councillor
Perkins is actually illegal under European law?

Response: Two - the Council's in-house legal service has advised, as
have external lawyers.

1.1 Please give the name and address of each source of legal advice
used by Swindon Borough Council to determine the
legality/illegality of the grant given to Swindon Dial a ride.

Response: The Director of Law and Democratic Services,
Swindon Borough Council, whose contact details you have.
The external lawyer was Simon Baker of Veale Wasborough Vizards of
Orchard Court, Orchard Lane, Bristol BS1 5WS.

2. What advice was given by the Swindon Borough Council Director of
Law and Democratic Services, or other members of the
Swindon Borough Council legal department), to elected members of the
council cabinet, or other elected members of the council,
regarding the legality of the grant given to the Swindon Dial A Ride
Service?

Response - The advice was to the effect that the giving of the grant
would constitute state aid for the purposes of Article 87
of the EU Treaty, which does not appear to fall within any exemption.

2.1 Which elected members of Swindon Council requested or received
advice regarding the legality of the grant given to the Swindon
Dial A Ride Service such advice from the Director of Law and
Democratic Services and/or other directors & Officers of the
Swindon Borough Council?

Response - The Leader, Lead Member and other members have been
informed but no log has been kept of those who
have requested or received advice in this matter, or when as these
were in verbal conversations, enquires are currently being made
of other officers.

2.2 When was such advice requested or given?

Response - no log has been kept of such contacts.

3. Are the Director of Law and Democratic Services, other Council
Directors and Officers qualified to advise elected members on
matters of European law which pertain to the legality of the grant
given to the Swindon Dial A Ride Service?

Response - The Director and relevant members of his staff are
Solicitors of the Supreme Court and duly qualified to advise.
The in-house advice was fully supported by the external specialist.

4. If external legal advice regarding the legality of the grant given
to the Swindon Dial A Ride Service was sought by elected
members, officers of Directors of Swindon Borough Council, then:

4.1 Did the Director of Law and Democratic Services, other Council
Directors or Officers, or anyone acting on their instructions,
advise any elected members of the council that such external legal
advice should be sought?

Response - The Director informed the Leader that external advice
would be sought in view of the legal advice obtained by
Dial A Ride which contradicted the in-house advice. Enquiries are
being made of other officers.

4.2 Which elected members received such advice, from whom was it
received and when was it given?

Response - it is not clear which advice the questioner is referring
to.

4.3 What was the advice?

Response it is not clear which advice the questioner is referring to.

4.4 Was the advice given in writing or orally?

Response - it is not clear which advice the questioner is referring
to

4.5 Did the Director of Law and Democratic Services, other Council
Directors or Officers, or anyone acting on their instructions,
cause or instruct external legal advice to be sought regarding the
legality under European law of the grant given to the Swindon Dial
A Ride Service?

Response - Yes

5 Did any elected members of Swindon Borough Council seek, cause or
instruct that external legal advice regarding the legality under
European law of the grant given to the Swindon Dial A Ride Service be
sought? if so:

Response - No elected member asked that I obtained such advice, so
far as I recall.

5.1 Which elected member of Swindon Borough Council sought, caused or
instructed that such external legal advice be sought?

Response - None

5.2 What is the name and address of the Company(s) or organisation(s)
from which legal advice was sought?

Response - As stated above

5.3 What advice was given by each?

Response - As stated above

5.4 What was the cost of obtaining the external legal advice?

Response - £650 plus VAT, under a call-off contract

6. Please supply copies of any correspondence between the Cabinet
Member for Sustainability, Strategic Planning, Property and
Transport, (Councillor Peter Greenhalgh) and the Director of Law and
Democratic Services which pertain to the grant given to the
Swindon Dial A Ride Service.

Response - I am not aware of any.

6.1 Please supply copies of any correspondence between the Cabinet
Member for Sustainability, Strategic Planning, Property and
Transport, (Councillor Peter Greenhalgh) and other directors of
officers of Swindon Borough Council which pertain to the grant
given to the Swindon Dial A Ride Service.

Response - Enquiries are currently being made of other officers.

Stephen Taylor ([email address])
Director of Law & Democratic Services
and Monitoring Officer

If you are dissatisfied with the service you have received in relation to
your request and wish to make a complaint or request a review, you should
contact:

Customer Services
Civic Offices
Euclid Street
Swindon
Website: [1]www.[Swindon Borough Council request email]

The complaints/review procedure involves a full review and an examination
of all the information by the Council's Monitoring Officer.

If you are not content with the outcome of our conclusion, you may apply
directly to the Information Commissioner's Office for a decision, before
contacting the Council. Generally, the ICO cannot make a decision unless
you have exhausted the Council's own complaints procedure.

The Information Officer can be contacted at:

The Information Commissioner's Office,
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Email: [2][email address]
Tel: 01625 545700 (ask for Freedom of Information)

If you require any further information concerning this matter, please
contact me as detailed, quoting the above reference number in any future
communications.

Yours sincerely

Sharon Druett

Sharon Druett ([email address])
Freedom of Information Officer
Law and Democratic Services
Swindon Borough Council
Tel: 01793 463377
Fax: 01793 463405
Web: [3]www.swindon.gov.uk

Please consider the environment before printing this email.

______________________________________________
From: Sharon Druett
Sent: 22 September 2010 17:48
To: '[FOI #45614 email]'
Subject: FOI101000232334 Freedom of Information Request

Dear Mr Reid,

FOI101000232334 Freedom of Information Request

Thank you for your attached request which was received on 23 August and I
am dealing with it under the terms of the Freedom of Information Act 2000.

The Council has a duty to respond promptly or no later than 20 working
days, which in this case is 22 September 2010. However, as in this case,
if a qualified exemption applies to the information and the public
interest test is engaged, the Act allows the time for the response to be
longer than 20 days, and the information must be supplied within what is
considered a `reasonable' time scale considering the circumstances of the
case.

We need to consider if the information is subject to Section 42 which sets
out an exemption from the right to know for information protected by Legal
Professional Privilege and or Legal Advice Privilege and Section 36
Prejudice to the effective conduct to public affairs.

We anticipate it will take a further seven day s before we can come to a
conclusion which in this case will be 1st October 2010.

If you have any queries about this matter please contact me. Please
remember to quote the reference number above in all future communications.

Yours sincerely,

Sharon Druett

Sharon Druett ([email address])
Freedom of Information Officer
Law and Democratic Services
Swindon Borough Council
Tel: 01793 463377
Fax: 01793 463405
Web: [4]www.swindon.gov.uk

Please consider the environment before printing this email.

show quoted sections