Minutes of meeting of January 22 2018 with Gairloch Community Council, Legal Services, Roads & Ward Member

The request was successful.

Dear Highland Council,

Please let me have all the information you hold about the meeting held on 22 January 2018 with Gairloch Community Council, Legal Services, Roads & Ward Member as outlined in the time line sent to me on 6 September 2018 in reply to an earlier FOI appeal of mine.

Section 10(1) of FOISA states you must comply with requests promptly; and in any event by not later than the twentieth working day after receipt of a request. It is the council's habit to take the full 20 days to reply, possibly in contravention of the need to reply promptly. If you again take a long time to respond then I request your advice and assistance in helping me to understand why it takes such a long time send to me documents you clearly have to hand.

I should also like your advice and assistance to understand fully the time line you sent to me on 6 September. Am I correct to interpret the time line as telling me that no negotiation with the McClachlans has taken place since a meeting with their representative on 29 August 2017?

Yours faithfully,

Guy Kerry

Highland Council

Case Ref: HC0226-4134  
Dear Guy Kerry, 
We acknowledge receipt of your request for information under the
FOI legislation received on 07/09/2018.
Subject: 
Minutes of Meetings
Request Detail:
Dear Highland Council, Please let me have all the information you hold
about the meeting held on 22 January 2018 with Gairloch Community Council,
Legal Services, Roads & Ward Member as outlined in the time line sent to
me on 6 September 2018 in reply to an earlier FOI appeal of mine. Section
10(1) of FOISA states you must comply with requests promptly; and in any
event by not later than the twentieth working day after receipt of a
request. It is the council's habit to take the full 20 days to reply,
possibly in contravention of the need to reply promptly. If you again take
a long time to respond then I request your advice and assistance in
helping me to understand why it takes such a long time send to me
documents you clearly have to hand. I should also like your advice and
assistance to understand fully the time line you sent to me on 6
September. Am I correct to interpret the time line as telling me that no
negotiation with the McClachlans has taken place since a meeting with
their representative on 29 August 2017? Yours faithfully, Guy Kerry
The Highland Council will endeavour to respond within the legislative time
scale of 20 working days from date of receipt unless further clarification
of your request is required.
Further information on response times can be found at:
[1]http://www.itspublicknowledge.info/YourR...
Yours Sincerely,
The Highland Council
This is an automatically generated email - PLEASE DO NOT REPLY 

Unless related to the business of The Highland Council, the views or
opinions expressed within this e-mail are those of the sender and do not
necessarily reflect those of The Highland Council, or associated bodies,
nor does this e-mail form part of any contract unless so stated.
Mura h-eil na beachdan a tha air an cur an cèill sa phost-d seo a'
buntainn ri gnothachas Chomhairle na Gàidhealtachd, 's ann leis an neach
fhèin a chuir air falbh e a tha iad, is chan eil iad an-còmhnaidh a'
riochdachadh beachdan na Comhairle, no buidhnean buntainneach, agus chan
eil am post-d seo na phàirt de chunnradh sam bith mura h-eil sin air
innse.

Listening * Open * Valuing * Improving * Supporting * Partnering * Delivering
Èisteachd * Fosgailte * Luach * Leasachadh * Taic * Com-pàirteachas *
Lìbhrigeadh

References

Visible links
1. http://www.itspublicknowledge.info/YourR...

Freedom of Information, Highland Council

1 Attachment

Dear Mr Kerry,

 

I refer to your request for information below. 

 

I have attached a file which contains the information we have which is
held relating to the meeting in question.  The meeting appears to have
been instigated by Gairloch community Council and the information held
mainly relates to the organisation of the meeting.  I have been informed
that there was no minute of the meeting and that no handwritten notes were
taken or retained by Council staff.

 

You should be aware that Councillors are not subject to the Freedom of
Information (Scotland) Act 2002, so our searches have not included
information which Councillor Macleod may hold.  You may wish to contact
Councillor Macleod directly to see if has any further information which he
can provide.

 

I can confirm that the Council has not taken part in any activity which
could be described as negotiations with the lighthouse owners since the
meeting on 29 August 2017.

 

In relation to timescales for compliance, the Council currently has around
60 open requests which it is dealing with as well as a number of reviews
and appeals. These all need to be responded to under the terms of the
legislation.  It is usually only a small number of our officers who are
able to provide the information required and they have other duties to
attend to as well as responding to information requests.  It is inevitable
that requests which require searches for information held across a number
of Council Services will take longer to respond to.

 

Under Section 20 of the Freedom of Information (Scotland) Act 2002 and/or
Regulation 16 of the Environmental Information (Scotland) Regulations 2004
(EIRs), you have the right to request that the Highland Council reviews
any aspect of how it has dealt with your request. This requirement for
review should be put in writing to the Freedom of Information Officer,
Chief Executive’s Office, Glenurquhart Road, Inverness IV3 5NX, within 40
working days of receipt of this letter. The request should include details
of the information requested and the aspects of the Highland Council’s
response which you are not satisfied with.

 

If you are subsequently dissatisfied with the outcome of the Council's
review, you have the right to appeal to the Scottish Information
Commissioner under Section 47 of the Act (Regulation 17 of the EIRS),
within six months of receiving the Council's review response.

 

Kind Regards

 

Eliane Higa

Customer Services Officer

Chief Executive’s Office

The Highland Council

HQ

Glenurquhart Rd

Inverness

IV3 5NX

 

 

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Dear Freedom of Information,
Thank you for this.
May I please have your advice and assistance to understand what you have sent to me.
In a previous FOI response the Council told me that as part of ongoing negotiations this meeting had been held.
You now tell me that the council holds no records of the meeting being held. Instead you have sent to me a series of communications which appear to be organising a meeting but which do not confirm a meeting took place. If you have no information that the meeting was held or any information about what was discussed at the meeting (if it was held) how can the council tell me, in response to FOi request that you hold information this meeting took place as part of 'ongoing' negotiations especially since there has been no negotiation for over a year? You don't actually hold information from which to say such a thing in response to FOI. Do you? Surely this is based on conjecture or hearsay and not on information held by the council?

Please review your response.

Yours sincerely,

Guy Kerry

Highland Council

  ?Guy Kerry

Re : ENQ229373

 

Thank you for contacting The Highland Council regarding your request for a
review of HC0226-4134. Your case reference number is ENQ229373.

The Highland Council will endeavour to respond within the legislative
timescale of 20 working days.

 

 

 

Unless related to the business of The Highland Council, the views or
opinions expressed within this e-mail are those of the sender and do not
necessarily reflect those of The Highland Council, or associated bodies,
nor does this e-mail form part of any contract unless so stated.
Mura h-eil na beachdan a tha air an cur an cèill sa phost-d seo a'
buntainn ri gnothachas Chomhairle na Gàidhealtachd, 's ann leis an neach
fhèin a chuir air falbh e a tha iad, is chan eil iad an-còmhnaidh a'
riochdachadh beachdan na Comhairle, no buidhnean buntainneach, agus chan
eil am post-d seo na phàirt de chunnradh sam bith mura h-eil sin air
innse.

Listening * Open * Valuing * Improving * Supporting * Partnering * Delivering
Èisteachd * Fosgailte * Luach * Leasachadh * Taic * Com-pàirteachas *
Lìbhrigeadh

Kate Lackie, Highland Council

2 Attachments

Dear Mr Kerry,

 

Thank you for your email below which I have treated as a request that the
Council reviews its initial response to your request regarding a meeting
which took place between Council staff and Gairloch Community Council on
22 January 2018.

 

You appear to consider that, although the Council has provided you with
information it holds about the meeting of 22 January 2018, you have
received insufficient evidence that the meeting took place.  Having
reviewed the Council's response, and carried out further searches, I have
now attached two additional documents.  One is a meeting request  which
indicates the date and time of the meeting and those who were invited to
attend.  The second document contains the relevant pages from the signing
in book at headquarters from the day of the meeting which shows that Iain
Moncrief, Philip Waite and the Chairman of Gairloch Community Council all
signed in prior to the time of the meeting.

 

I hope that the additional information provided fulfils your request. 
However, if you remain dissatisfied with the outcome of this review, you
have the right to appeal to the Scottish Information Commissioner. His
contact details are:

 

Scottish Information Commissioner,

Kinburn Castle,

Doubledykes Road,

St Andrews, Fife

KY16 9DS

Telephone: 01334 464610

Fax: 01334 464611

e-mail: [1][email address]

 

Your request should contain details of the aspects of the Council's
response with which you are dissatisfied and should be made within 6
months of receipt of this review response. If you are subsequently
dissatisfied with the outcome of your appeal to the Commissioner you then
have the right of appeal to the Court of Session regarding a point of law.

 

Yours sincerely,

 

Kate Lackie

 

Kate Lackie

Business Manager

Chief Executive’s Office

The Highland Council

01463 702041

07990 782197

 

 

               

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