minutes of the Chief Executive Strategic Group

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 refused by Wirral Metropolitan Borough Council.

Dear Wirral Metropolitan Borough Council,

I would like minutes of the Chief Executive Strategic Group (or Chief Executive Strategy Group) meetings of the 5th June 2013 and the 30th August 2013.

Thank you.

Yours faithfully,

John Brace

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 'minutes of the Chief Executive Strategic Group'.

My original request made on the 3rd September 2013 is below.

Dear Wirral Metropolitan Borough Council,

I would like minutes of the Chief Executive Strategic Group (or Chief Executive Strategy Group) meetings of the 5th June 2013 and the 30th August 2013.

Thank you.

Yours faithfully,

John Brace

I am requesting an internal review, because twenty days have passed since my initial request and I have not received either a response confirming you have or don't have this information or a response containing the information requested. I look forward to receiving the information requested soon as this request is already over the twenty day limit and you have not requested an extension of the time limit.

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/m...

Yours faithfully,

John Brace

Corrin, Jane, Wirral Metropolitan Borough Council

1 Attachment

Good Morning,

With regard to your request for an Internal Review, please see text below
which constitutes the Council’s response. 

 

Firstly please accept my apologies for the time delay in responding to
you.

 

I consider that the information you are seeking is exempt under Section 36
(2) (b) (ii) of The Freedom of Information Act 2000, which provides as
follows:

            36 (2) Information to which this section applies is exempt
information if, in the reasonable opinion of a qualified person,
disclosure of the information under this Act –

                                    (b) would, or would be likely to,
inhibit –

                                    (ii) the free and frank exchange of
views for the purpose of deliberation.

 

For the purposes of Section 36, I am the qualified person and am required
to give a reasonable opinion about the likelihood of inhibition under
Section 36 (2) (ii).  I consider as the authorised person that if the
requested information was disclosed it would inhibit the free and frank
exchange of views for the purpose of deliberation.  I have had regard to
the guidance issued by The Information Commissioner’s Office – Prejudice
to the effective conduct of public affairs (section 36) Version 2.

 

 It is my reasonable opinion that the minutes of CESG meetings need to be
kept confidential, as the subject matters under consideration and the
nature of discussions at CESG meetings could give rise to unnecessary
speculation, which would interfere with the Council’s ability to function
properly.

 

I am required to consider the public interest test and consider that the
public interest in maintaining the exemption outweighs the public interest
in disclosure, because disclosure would make it less likely that
individuals would participate in giving their free and frank exchange of
views; if they knew such views would be made available to a member of the
public. 

 

I have also had regard to the public interest factors which favour
disclosure, such as transparency of the views being exchanged, but have
considered these were outweighed by the consequences of suppressing the
free and frank exchange of views at CESG, for the purpose of
deliberation.   I have also considered the unnecessary speculation which
could arise and interfere with the Council’s ability to function properly
and as the authorised person, I am satisfied that the balance of the
public interest test favours withholding the information requested.  

 

I am therefore refusing your request for information under Section 17 (1)
of The Freedom of Information Act 2000, relying on the exemption contain
in Section 36 of the Act.  If you are dissatisfied with this Internal
Review then you have the right to complain to The Information Commissioner
at:

 

ICO Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

[1]www.ico.gov.uk

 

Your sincerely and sent on behalf of the Qualified Officer

 

Pp Surjit Tour

Head of Legal & Member Services

and Monitoring Officer

Department of Transformation and Resources

Wirral Metropolitan Borough Council

Town Hall

Brighton Street

Wallasey

Wirral

CH44 8ED

 

Tel:  0151 691 8569

Fax: 0151 691 8482

Email: [2][email address]

 

Visit our website: [3]www.wirral.gov.uk

 

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.

 

 

--Original Message-----
From: ScarletPimpernel [mailto:[FOI #175240 email]]
Sent: 02 October 2013 11:03
To: InfoMgr, FinDMT
Subject: Internal Review 714576 - John Brace - minutes of the Chief
Executive Strategic Group

 

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 'minutes of the Chief Executive
Strategic Group'.

 

My original request made on the 3rd September 2013 is below.

 

Dear Wirral Metropolitan Borough Council,

 

I would like minutes of the Chief Executive Strategic Group (or Chief
Executive Strategy Group) meetings of the 5th June 2013 and the 30th
August 2013.

 

Thank you.

 

Yours faithfully,

 

John Brace

 

I am requesting an internal review, because twenty days have passed since
my initial request and I have not received either a response confirming
you have or don't have this information or a response containing the
information requested. I look forward to receiving the information
requested soon as this request is already over the twenty day limit and
you have not requested an extension of the time limit.

 

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/m...

 

Yours faithfully,

 

John Brace

 

 

 

 

 

 

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References

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3. http://www.wirral.gov.uk/
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