Martin Morton - Gagging clause/unreported email..

Martin Morton 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 refused by Wirral Metropolitan Borough Council.

Dear Wirral Metropolitan Borough Council,

Martin Smith in his Bullying/Harassment/Abuse of Power investigation report (March 2011) concludes that a gagging clause is not an abuse of power despite the fact that Section 43J of the Public Interest Disclosure Act has a specific provision that to gag a whistleblower is unlawful if the matters that they disclose are in the public interest.

What is more disconcerting is that Mr.Smith reaches this conclusion when he was aware of an email sent by DASS HR Manager Tom Ryan to Colin Hughes in Wirral Council's Legal Department on 25th February 2008 which seems to indicate the true motivation behind the Compromise Agreement and the gagging clause.

The email makes reference to a friend of mine and states that my friend "...... believes he can make him (Martin Morton) sign the Compromise Agreement for £45K and stop him going anywhere with his grievance".

I can only conjecture what was Mr.Smith's motivation for excluding this information from his final report.

However I would like to request a copy of the email referenced above (and any response from Mr.Hughes) to ensure that I am aware of the full context of the correspondence so that I do not have to "subsequently backtrack" on any conclusions I may reach.

Yours faithfully,

Martin Morton

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 'Martin Morton - Gagging clause/unreported email..'.

Email is required to complete specific investiagtion of gagging clause

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

Yours faithfully,

Martin Morton

InfoMgr, FinDMT, Wirral Metropolitan Borough Council

1 Attachment

Good Morning,

With regard to your request for an Internal Review, please see attachment
as our response. 

Kind Regards

Jane Corrin

Information Manager

 

 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 

 

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Martin Morton left an annotation ()

Needless to say I will be taking this matter to the ICO.
How can an email about me be shared with an external investigator and yet I'm not allowed to see it?

ScarletPimpernel left an annotation ()

If the email relates to you, you can make a request under s.7 of the Data Protection Act 1998 to Wirral Council. They then have 40 days to reply (or claim an exemption). If they don't provide it within 40 days or rely on an exemption, you can then get a court order to compel disclosure.

Alternatively try ICO (which will probably take longer than the above).

Corrin, Jane, Wirral Metropolitan Borough Council

1 Attachment

Good Afternoon

Please see attachment as Council’s response to your complaint made to the
Information Commissioner’s Office.

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

Dear Corrin, Jane,

Can you explain as to why you have disclosed one sentence from the email I have requested for which you originally claimed an exemption and yet have denied me the rest of the email which the ICO have advised you should have already disclosed well before now!!!.

It appears to me that you are now being deliberately obstructive,this matter is not closed and I have to refer back to the ICO.

Yours sincerely,

Martin Morton

Corrin, Jane, Wirral Metropolitan Borough Council

1 Attachment

Good Afternoon
With regard your further email below. Please see attachment as Council's response.
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