Payment of £40,000 from Buccleuch Estates to Sanquhar Common Good and another matter.

The request was partially successful.

Dear Dumfries and Galloway Council,

This request is in part a follow up to a previous request which can be seen here:

https://www.whatdotheyknow.com/request/p...

The information sought now is as follows:

Please corroborate the payment of £40,000 by Buccleuch Estates to Sanquhar Common Good. This should give evidence of the fact this has been paid to Sanquhar Common Good.

Please outline the transfers which occurred in the Title Deeds for the land that was owned by Sanquhar Common Good that was sold unlawfully by Buccleuch Estates. This should be verified by evidence of all transfers etc in the Title Deeds.

It is known to be the case that Dumfries and Galloway Council has the power to obtain this information.

Yours faithfully,

Fiona Cameron

Dumfries and Galloway Council

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

Thank you for your request for information which was received on 23/04/2019 which we are dealing with in terms of the above legislation. We have given your request the unique reference 406762 and we would appreciate it if you could quote this on all correspondence to us.

Under the terms of the legislation, we have an obligation to respond to your request within 20 working days from the day after your request was received. We will therefore aim to respond to your request by 22/05/2019.

Please be aware that, in some circumstances, a fee may be payable for the retrieval, collation and provision of the information you have requested. If this is the case, a fees notice will be issued, which would need to be paid in order to progress your request.

If your request for information is considered and deemed as a 'business as usual' request, it will be responded to by the appropriate Service within the Council.

If you have any queries in the meantime, please contact [email address].

Kind Regards

FOI Unit
Dumfries and Galloway Council

Any email message sent or received by the Council may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002.

Dumfries and Galloway Council

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

Thank you for your request for information that we received on 23/04/2019 which we are dealing with in terms of the above legislation. We have given your request the unique reference 406762 and we would appreciate if you could quote this on all correspondence to us.

In order to assist the appropriate Council service(s) to deal with your request, can we please ask you to clarify the following:

please specify the land you require details on, and which transfers you are referring to..

Please be aware that in line with the above legislation, the 20 working days to respond to your request has been suspended and will be recalculated when we receive clarification from you.

Kind Regards

FOI Unit
Dumfries and Galloway Council

Dear Dumfries and Galloway Council,

I acknowledge receipt of your message of 3 May 2019. For reasons unknown I wasn't notified of this having been received and have just seen it now.

The lands in question were those covered in previous FOI requests to Dumfries and Galloway Council. These can be viewed here:

https://www.whatdotheyknow.com/request/f...

https://www.whatdotheyknow.com/request/p...

https://www.whatdotheyknow.com/request/p...

https://www.whatdotheyknow.com/request/p...

I trust these will be satisfactory for your purposes.

Yours faithfully,

Fiona Cameron

Dumfries and Galloway Council

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

Thank you for your request for information which was received on 23/04/2019 which we are dealing with in terms of the above legislation. We have given your request the unique reference 406762 and we would appreciate it if you could quote this on all correspondence to us.

Under the terms of the legislation, we have an obligation to respond to your request within 20 working days from the day after your request was received. We will therefore aim to respond to your request by 26/06/2019.

Please be aware that, in some circumstances, a fee may be payable for the retrieval, collation and provision of the information you have requested. If this is the case, a fees notice will be issued, which would need to be paid in order to progress your request.

If your request for information is considered and deemed as a 'business as usual' request, it will be responded to by the appropriate Service within the Council.

If you have any queries in the meantime, please contact [email address].

Kind Regards

FOI Unit
Dumfries and Galloway Council

This email, from Dumfries and Galloway Council, and any files transmitted with it, is confidential and intended solely for the use of the individual or entity to whom they are addressed.

If you are not the intended recipient of this email (and any attachment) please inform the sender by return email and destroy all copies. If you are not the intended recipient or responsible for delivering it to the intended recipient, you are hereby notified that any use, disclosure, review, dissemination, distribution or reproduction of this email is strictly prohibited. Please be aware that communication by internet email is not secure as messages can be intercepted and read by someone else. Dumfries and Galloway Council do not accept liability for any loss or damage which may result from this email or any files attached. It is your responsibility to scan this email and any attachments for computer viruses or other defects.

Any email including its content may be monitored and used by the Council for reasons of security and form monitoring internal compliance with the policy on staff use. Email monitoring or blocking software may also be used.

Any email message sent or received by the Council may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002. For further information and to view the Council’s privacy statement please go to https://www.dumgal.gov.uk/privacy

Dumfries and Galloway Council

Please find below the Council's response to your request 406762 which was received on 23/04/2019.

Details of request: This request is in part a follow up to a previous request which can be seen here:

https://eur03.safelinks.protection.outlo...

The information sought now is as follows:

Please corroborate the payment of £40,000 by Buccleuch Estates to Sanquhar Common Good. This should give evidence of the fact this has been paid to Sanquhar Common Good.

Please outline the transfers which occurred in the Title Deeds for the land that was owned by Sanquhar Common Good that was sold unlawfully by Buccleuch Estates. This should be verified by evidence of all transfers etc in the Title Deeds.

It is known to be the case that Dumfries and Galloway Council has the power to obtain this information.

Response:

Dumfries and Galloway Council confirm that we do not hold any additional information to that which has been provided in the previous FOI responses detailed in the requests

Please be aware that the Council holds the copyright, where applicable, for the information provided and it may be reproduced free of charge in any format or media without requiring specific permission. This is subject to the material not being used in a misleading context. The source of the material must be acknowledged as Dumfries and Galloway Council and the title of the document must be included when being reproduced as part of another publication or service.

If you require any further clarification, please contact us. However, if you are not satisfied with the way in which your request has been dealt with, you can request us to carry out an internal review of the decision by emailing [email address] or writing to us within 40 working days of receiving this response.

If you are dissatisfied with the outcome of the review, you have the right to apply to the Scottish Information Commissioner for a decision. Appeals to the Commissioner can be made online at www.itspublicknowledge.info/Appeal or in writing to: The Office of the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS.

Kind Regards

FOI Unit
Dumfries and Galloway Council

This email, from Dumfries and Galloway Council, and any files transmitted with it, is confidential and intended solely for the use of the individual or entity to whom they are addressed.

If you are not the intended recipient of this email (and any attachment) please inform the sender by return email and destroy all copies. If you are not the intended recipient or responsible for delivering it to the intended recipient, you are hereby notified that any use, disclosure, review, dissemination, distribution or reproduction of this email is strictly prohibited. Please be aware that communication by internet email is not secure as messages can be intercepted and read by someone else. Dumfries and Galloway Council do not accept liability for any loss or damage which may result from this email or any files attached. It is your responsibility to scan this email and any attachments for computer viruses or other defects.

Any email including its content may be monitored and used by the Council for reasons of security and form monitoring internal compliance with the policy on staff use. Email monitoring or blocking software may also be used.

Any email message sent or received by the Council may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002. For further information and to view the Council’s privacy statement please go to https://www.dumgal.gov.uk/privacy

Dear Dumfries and Galloway Council,

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

I am writing to request an internal review of Dumfries and Galloway Council's handling of my FOI request 'Payment of £40,000 from Buccleuch Estates to Sanquhar Common Good and another matter.'.

I refer to your response to this request which was dated 25 June 2019.

This request asks for different information to that required in the original FOI that was made to you some time ago. I recall that you failed to respond to those questions concerning matters which were raised then.

The information requested here is within your power to obtain and is similar to information requested regarding the sale of lands belonging to Sanquhar Common Good by Buccleuch Estates. When that information was requested you obtained this and it seems it is possible for you to do so again now.

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

Yours faithfully,

Fiona Cameron

Dumfries and Galloway Council

FREEDOM OF INFORMATION (SCOTLAND) ACT 2002

Thank you for your request for a formal review which was received on 01/07/2019 and is being dealt with. We will respond within 20 working days from the day after the request was received. A response to your request will be sent promptly, and in any event not later than 29/07/2019.

If you have any queries in the meantime, please do not hesitate to contact [email address].

This email, from Dumfries and Galloway Council, and any files transmitted with it, is confidential and intended solely for the use of the individual or entity to whom they are addressed.

If you are not the intended recipient of this email (and any attachment) please inform the sender by return email and destroy all copies. If you are not the intended recipient or responsible for delivering it to the intended recipient, you are hereby notified that any use, disclosure, review, dissemination, distribution or reproduction of this email is strictly prohibited. Please be aware that communication by internet email is not secure as messages can be intercepted and read by someone else. Dumfries and Galloway Council do not accept liability for any loss or damage which may result from this email or any files attached. It is your responsibility to scan this email and any attachments for computer viruses or other defects.

Any email including its content may be monitored and used by the Council for reasons of security and form monitoring internal compliance with the policy on staff use. Email monitoring or blocking software may also be used.

Any email message sent or received by the Council may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002. For further information and to view the Council’s privacy statement please go to https://www.dumgal.gov.uk/privacy

FOI, Dumfries and Galloway Council

PUBLIC

Please be advised that we are still working on the formal review, however, due to holidays, this is taking longer than expected. A response is due on the 29th July, however, it is unlikely that this will be available. We will endeavour to respond during that week and apologise for the delay

Regards

FOI Unit
Dumfries and Galloway Council

Disclaimer:
This email, from Dumfries and Galloway Council, and any files transmitted with it, is confidential and intended solely for the use of the individual or entity to whom they are addressed. 

If you are not the intended recipient of this email (and any attachment) please inform the sender by return email and destroy all copies.  If you are not the intended recipient or responsible for delivering it to the intended recipient, you are hereby notified that any use, disclosure, review, dissemination, distribution or reproduction of this email is strictly prohibited.  Please be aware that communication by internet email is not secure as messages can be intercepted and read by someone else.  Dumfries and Galloway Council do not accept liability for any loss or damage which may result from this email or any files attached.  It is your responsibility to scan this email and any attachments for computer viruses or other defects.

Any email including its content may be monitored and used by the Council for reasons of security and form monitoring internal compliance with the policy on staff use.  Email monitoring or blocking software may also be used.

Any email message sent or received by the Council may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002.  For further information and to view the Council's privacy statement please click  here

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PUBLIC

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FOI Responses, Dumfries and Galloway Council

1 Attachment

OFFICIAL

Details of request: I am writing to request an internal review of Dumfries and Galloway Council's handling of my FOI request 'Payment of £40,000 from Buccleuch Estates to Sanquhar Common Good and another matter.'.

I refer to your response to this request which was dated 25 June 2019.

This request asks for different information to that required in the original FOI that was made to you some time ago. I recall that you failed to respond to those questions concerning matters which were raised then.

The information requested here is within your power to obtain and is similar to information requested regarding the sale of lands belonging to Sanquhar Common Good by Buccleuch Estates. When that information was requested you obtained this and it seems it is possible for you to do so again now.

Response: In addition to the information previously given, please find attached information that corroborates the payment of £40,000 by Buccleuch Estates to Sanquhar Common Good. This evidences the fact that a credit of £40,000 has been paid to Sanquhar Common Good in April 2017.

If you are not satisfied with the way in which your request has been dealt with you may request a review of the decision by writing to Information Management and Complaints Unit, 118 English Street, Dumfries DG1 2DE, within 40 days of receiving this letter. Thereafter: The Office of the Scottish Information Commissioner at Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS, Telephone: 01334 464 610.

If you are unhappy with a decision by the Scottish Information Commissioner, you may be able to take the matter to the courts or complain to the Scottish Public Services Ombudsman.

Kind Regards

FOI Unit
Dumfries and Galloway Council

OFFICIAL

This email, from Dumfries and Galloway Council, and any files transmitted with it, is confidential and intended solely for the use of the individual or entity to whom they are addressed.

If you are not the intended recipient of this email (and any attachment) please inform the sender by return email and destroy all copies. If you are not the intended recipient or responsible for delivering it to the intended recipient, you are hereby notified that any use, disclosure, review, dissemination, distribution or reproduction of this email is strictly prohibited. Please be aware that communication by internet email is not secure as messages can be intercepted and read by someone else. Dumfries and Galloway Council do not accept liability for any loss or damage which may result from this email or any files attached. It is your responsibility to scan this email and any attachments for computer viruses or other defects.

Any email including its content may be monitored and used by the Council for reasons of security and form monitoring internal compliance with the policy on staff use. Email monitoring or blocking software may also be used.

Any email message sent or received by the Council may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002. For further information and to view the Council’s privacy statement please go to https://www.dumgal.gov.uk/privacy

Dear Dumfries and Galloway Council,

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

I am writing to request an internal review of Dumfries and Galloway Council's handling of my FOI request 'Payment of £40,000 from Buccleuch Estates to Sanquhar Common Good and another matter.'.

In your response dated 13 August 2019 you have failed to provide all the information that was requested. You were asked for the following, "Please outline the transfers which occurred in the Title Deeds for the land that was owned by Sanquhar Common Good that was sold unlawfully by Buccleuch Estates. This should be verified by evidence of all transfers etc in the Title Deeds".

Please provide this without further delay.

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

Yours faithfully,

Fiona Cameron

Fiona Cameron left an annotation ()

The whole situation surrounding this appears to be very peculiar indeed. How could Buccleauch Estates sell land to which they didn't have the title, or Title Deeds? This is the reason for the request for evidence and the history of the transfers, or sales, of land.

FOI, Dumfries and Galloway Council

OFFICIAL

For clarity regarding your review requests:

Please corroborate the payment of £40,000 by Buccleuch Estates to Sanquhar Common Good. This should give evidence of the fact this has been paid to Sanquhar Common Good.

Response:
In addition to the information previously given, please find attached information that corroborates the payment of £40,000 by Buccleuch Estates to Sanquhar Common Good. This evidences the fact that a credit of £40,000 has been paid to Sanquhar Common Good in April 2017.

Please outline the transfers which occurred in the Title Deeds for the land that was owned by Sanquhar Common Good that was sold unlawfully by Buccleuch Estates. This should be verified by evidence of all transfers etc in the Title Deeds.

Response:
Dumfries and Galloway Council confirm that we do not hold any additional information to that which has been provided in the previous FOI responses detailed in the requests

If you are dissatisfied with the outcome of the review, you have the right to apply to the Scottish Information Commissioner for a decision. Appeals to the Commissioner can be made at www.itspublicknowledge.info/YourRights/U...

or in writing to: The Office of the Scottish Information Commissioner, Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS.


Kind Regards

Disclaimer:
This email, from Dumfries and Galloway Council, and any files transmitted with it, is confidential and intended solely for the use of the individual or entity to whom they are addressed. 

If you are not the intended recipient of this email (and any attachment) please inform the sender by return email and destroy all copies.  If you are not the intended recipient or responsible for delivering it to the intended recipient, you are hereby notified that any use, disclosure, review, dissemination, distribution or reproduction of this email is strictly prohibited.  Please be aware that communication by internet email is not secure as messages can be intercepted and read by someone else.  Dumfries and Galloway Council do not accept liability for any loss or damage which may result from this email or any files attached.  It is your responsibility to scan this email and any attachments for computer viruses or other defects.

Any email including its content may be monitored and used by the Council for reasons of security and form monitoring internal compliance with the policy on staff use.  Email monitoring or blocking software may also be used.

Any email message sent or received by the Council may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002.  For further information and to view the Council’s privacy statement please click  here

P SAVE PAPER - Please do not print this e-mail unless absolutely necessary

OFFICIAL

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Dear Dumfries and Galloway Council,

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

I am writing to request an internal review of Dumfries and Galloway Council's handling of my FOI request 'Payment of £40,000 from Buccleuch Estates to Sanquhar Common Good and another matter.'.

The request for Internal Review asked you to provide all the information that was required. You state that you do not hold any more information but you have the power to obtain this. Councillor Dempster is usually involved in transactions between Buccleuch Estates and sales/transfers of land in Crawick.

The exact nature of the legal process in these land sales needs to be clarified. Previous attempts at obtaining information surrounding these met with obstruction and obfuscation on the part of the council. There has been too much secrecy about these transactions. It is in the public interest for this information to be available. As it stands there is the stench of corruption.

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

Yours faithfully,

Fiona Cameron

FOI, Dumfries and Galloway Council

PUBLIC

Dear Ms Cameron

If you are not satisfied with the way in which your request has been dealt with you may request a review of the decision by writing to The Office of the Scottish Information Commissioner at Kinburn Castle, Doubledykes Road, St Andrews, Fife, KY16 9DS, Telephone: 01334 464 610.

If you are unhappy with a decision by the Scottish Information Commissioner, you may be able to take the matter to the courts or complain to the Scottish Public Services Ombudsman.

Kind Regards

FOI Unit
Dumfries and Galloway Council

Disclaimer:
This email, from Dumfries and Galloway Council, and any files transmitted with it, is confidential and intended solely for the use of the individual or entity to whom they are addressed. 

If you are not the intended recipient of this email (and any attachment) please inform the sender by return email and destroy all copies.  If you are not the intended recipient or responsible for delivering it to the intended recipient, you are hereby notified that any use, disclosure, review, dissemination, distribution or reproduction of this email is strictly prohibited.  Please be aware that communication by internet email is not secure as messages can be intercepted and read by someone else.  Dumfries and Galloway Council do not accept liability for any loss or damage which may result from this email or any files attached.  It is your responsibility to scan this email and any attachments for computer viruses or other defects.

Any email including its content may be monitored and used by the Council for reasons of security and form monitoring internal compliance with the policy on staff use.  Email monitoring or blocking software may also be used.

Any email message sent or received by the Council may require to be disclosed by the Council under the provisions of the Freedom of Information (Scotland) Act 2002.  For further information and to view the Council’s privacy statement please click  here

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Dear FOI,

I note the typical obstructive attitude that prevails in Dumfries and Galloway Council.

It is clear that you have the power to obtain these details but refuse to do so. The question is why you decline to comply with the FOI Act here and in many other examples on this site? It can only be concluded that the secrecy and clandestine manner is due to some unlawful activity that needs to be covered up.

How is it that Buccleuch Estates are succeeding in obtaining land from Sanquhar Common Good for their benefit? Are these transactions being conducted in the public domain? Are they lawful? Are councillors involved in what appear to be surreptitious deals that are beneficial to Buccleuch Estates?

Yours sincerely,

Fiona Cameron

Fiona Cameron left an annotation ()

Here we go again. Dumfries and Galloway Council decline to comply with the FOI Act and conspire to cover up some very dubious transactions between Sanquhar Common Good and Buccleuch Estates. It is all very murky and suggests something unlawful is being conducted.