Dear Clackmannanshire Council,

I read in the local paper this week that clackmannanshire/fife and stirling councils have signed a new agreement, what is the actual name of this agreement?

The newspaper reports this is "a new corporate management system", can you tell me what this means, and are Clackmannanshire/Fife and Stirling councils all corporations?

The newspaper continues that the system will be "introducing greater efficencies and reducing costs" and that this "should set a trend for local procurement in the future". again can you clear this up, what efficencies and what costs are you aiming to reduce?

the paper also states it will allow the councils to "make the best of their resources", what resources are you talking about specifically?

i would also like to know if the European union had anything to do with this agreement being passed? or any other involvement in it being created etc? basically any involved the European union had with it.

Yours faithfully,

B ovens

Ian Smail, Clackmannanshire Council

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To:
Mr. Brian Ovens Contact: Ian Smail
Tel. No: 01259 450000
Ref: CHI04C1D39
Date: 11/01/2010

Dear Mr. Ovens

Freedom of Information : CHI04C1D39

I acknowledge receipt of your request for information which was received
on 08/01/2010 about a recent article in the press. It will be forwarded
to the appropriate Council Service for action and you should receive a
response, or a request for clarification by 05/02/2010. If there is a need
to clarify anything relating to your request, colleagues will contact you.

If you have any queries about this letter, please contact me.

Yours sincerely

Ian Smail
Administration

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References

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1. http://www.clearswift.com/

Dear Ian Smail,

do you have the information for this yet? thanks.

Yours sincerely,

B ovens

Ian Smail, Clackmannanshire Council

Mr Ovens

The information you have requested has already been sent to you on 2nd
February and you confirmed receipt by your comment in your email of 3rd
February.
However, for clarification I will repeat the response so that it
corresponds to your entry in whatdotheyknow website.

You had asked:
Q. I read in the local paper this week that clackmannanshire/fife and
stirling councils have signed a new agreement, what is the actual name of
this agreement?
A.The agreement is called " A collaboration agreement to enter into the
joint procurement of a performance management system"

Q. The newspaper reports this is "a new corporate management system", can
you tell me what this means, and are Clackmannanshire/Fife and Stirling
councils all corporations?
A. The term 'corporate' is used solely in the sense that the system will
be deployed across the whole of the Council as opposed to a number of
parts, and not in reference to the type of organisation that the Council
belongs.
The system is a web-hosted IT system, used for the collation, monitoring
and reporting of performance data, better enabling the Council to
demonstrate Best Value, which is a statutory requirement.

Q. The newspaper continues that the system will be "introducing greater
efficencies and reducing costs" and that this "should set a trend for
local procurement in the future". Again can you clear this up, what
efficencies and what costs are you aiming to reduce?
A. Greater efficiencies and reducing costs should come from the shared
purchasing of the system. For instance, a general principle of
procurement is that larger scale can bring economies. i.e. more
competitive pricing. It is more likely that the 3 councils will receive
better value through procuring the system in collaboration, as opposed to
individually. Developing an invitation to tender for systems such as this
can be a complex and time-consuming process. There are also therefore
efficiencies to be gained in developing one collaborative invitation to
tender.

Q. The paper also states it will allow the councils to "make the best of
their resources", what resources are you talking about specifically?
A. The collation and publication of performance data and reports should
require less staff input once the system is up and running.

Q. I would also like to know if the European union had anything to do with
this agreement being passed? Or any other involvement in it being created
etc? Basically any involved the European union had with it.
A. The European Union has had no involvement in this agreement, however,
procurement is subject to European legislation. The Public Procurement
Directive 2004/18/EC and the Utilities Directive 2004/17/EC have been
implemented into Scots Law by the Public Contracts (Scotland) Regulations
2006 (SSI 2006/1) and the Utilities Contracts (Scotland) Regulations 2006
(SSI 2006/2)

More information can be found on the procurement at
http://www.publiccontractsscotland.gov.u....

Ian Smail
Administration Officer

brian ovens To Ian Smail
<[FOI #26626 email]> <[email address]>
cc
06/02/2010 17:08 Subject Re: Freedom of
Information request -
Performance management
system

Dear Ian Smail,

do you have the information for this yet? thanks.

Yours sincerely,

B ovens

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Dear Ian Smail,

Thank you for clearing that up, i would also like to know how Clackmannanshire council can work under european legislation when no one voted to join the European union.surely if the people of Clackmannanshire did not consent to these laws then they have no force?

Yours sincerely,

B ovens

Ampleforth left an annotation ()

Brian,

This is not an FOI relevant question - you really should not ask non FOI relevant questions (especially deliberately mischievous questions!) as it brings the spirit of the act into disrepute.

Oh and FYI the people of Clackmannanshire in voting in general elections over the last 20 years have voted to participate in EU legislation by electing governments who have supported the introduction - welcome to the democracy.

brian ovens left an annotation ()

AMPLEFORTH,

What rubbish, the people were told they would get a vote on joining the European union, this was a lie and we did not get the vote.why are you trying to con me? If the people did not vote to join the European Union, the laws passed by them have no force unless you consent.And don't talk about democracy, being made to join something without a say/vote is not democracy. my question still stands as a FOI request.

Ian Smail, Clackmannanshire Council

Dear Mr Ovens
Thank you for your query about European legislation.
However, I do not believe that this is a relevant FOI as it does not ask
for information held by the Council.
I would suggest that your enquiry is best directed to your local MP with
regards to Parliamentary business. To find your local MP please go to
http://findyourmp.parliament.uk/ to get contact details.

Yours sincerely,

Ian Smail

brian ovens To Ian Smail
<[FOI #26626 email]> <[email address]>
cc
08/02/2010 10:53 Subject Re: Freedom of
Information request -
Performance management
system

Dear Ian Smail,

Thank you for clearing that up, i would also like to know how
Clackmannanshire council can work under european legislation when
no one voted to join the European union.surely if the people of
Clackmannanshire did not consent to these laws then they have no
force?

Yours sincerely,

B ovens

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Dear Ian Smail,

If Clackmannanshire Council are using European legislation in their contracts, then it is part of a freedom of information request. I don't recall any European laws being put into Scots Law, it seems to have been done quietly and before we officially joined.

Can i have an answer to my question?

Yours sincerely,

b ovens

Ian Smail, Clackmannanshire Council

Dear Mr Ovens

Under section 17 of the Freedom of Information (Scotland) Act 2002, I must
inform you that the information you requested is not held by
Clackmannanshire Council.

If you are not satisfied with this response, you may contact the
Council’s Head of Administration and Legal Services seeking a review of
your request. (the address is: Clackmannanshire Council, Greenfield, Alloa
FK10 2AD. (Email address: [email address]). If you are not
satisfied with the outcome of the review you have the right to appeal
directly to The Scottish Information Commissioner, Kinburn Castle,
Doubledykes Road, St. Andrews, Fife KY16 9DS.
Ian Smail
Administration Officer

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References

Visible links
1. http://www.clearswift.com/

Dear Clackmannanshire Council,

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

I am writing to request an internal review of Clackmannanshire Council's handling of my FOI request 'Performance management system'.

I have been told to ask for an internal review if i am not happy with the answer to my FOI, so this is what im doing. i asked.........

I would also like to know how
Clackmannanshire council can work under European legislation when
no one voted to join the European union.surely if the people of
Clackmannanshire did not consent to these laws then they have no
force? Please clear this up, as we are being allowed less and less say every year, so much so that i feel we are just all slaves in Britain.

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

Yours faithfully,

b ovens

ContactCentre, Clackmannanshire Council

Dear Mr Ovens
Thank you for your request, this has been passed to the appropriate
department who will be in contact with you directly.

Regards

Ian Warender
Customer Service Advisor
Customer Contact Centre
Clackmannanshire Council

Tel: (01259) 450000

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References

Visible links
1. http://www.clearswift.com/

Rod Richardson, Clackmannanshire Council

1 Attachment

Mr Ovens - please see below for a response on you request for a review on
a Council FoI decision.

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