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Reason for delay in specific minutes

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Dear Northern Ireland Council for the Curriculum, Examinations and Assessment,

I note that in a request to publish minutes of Council and ARAC meetings that have not been published but which took place many months ago that in response to a separate FOI you state various reasons why they have not been published. This is an unrelated new request ( not regarding the seeking of publication which has been referred for internal review ) rather to ascertain which minutes of unpublished minutes fall under reasons given in response to that previous request

Specifically and for avoidance of doubt I refer to Council Meetings numbers 149, 151,152,153

Can you in respect of each of those outstanding minutes confirm following
1. Dates that those meetings were held
2. What is reason for non publication and specifically based on reasons previously stated to a different FOI request seeking publication this request requests only that you state for each unpublished minute what is the specific reason and in particular which of following applies
(a) minutes have not been ratified
(b) minutes have been ratified but resource and company secretarial pressures mean that uploading a copy of minutes is not possible
(c)if minutes have not been ratified please advise reason ( disagreement etc ) and assuming that can only mean disagreements has an independent minute taker been appointed and how if historic disagreements exists preventing agreement to publication has this been noted in subsequent council meetings and if so which meetings ? Refer by number)
(d) Confirmation that all those who attended any such meetings that they are in agreement that minutes should not be published and if not who issued instructions not to publish and in particular was it Chairperson, DE official, CEO of CCEa or some other and are all those who attended aware that requests to publish have been made and this has been refused

Thank you

Yours faithfully,
M Manning

Data Protection Officer, Northern Ireland Council for the Curriculum, Examinations and Assessment

Dear Mr Manning,

We acknowledge receipt of your email which we are processing under the Freedom of Information Act 2000. As per section 10 of the Act, you can expect a response no later than 20 working days from the date of receipt of your request.

There may be a fee payable for this information. This will be considered and you will be informed if a fee is payable. In this event, the fee must be paid before the information is processed and released. The 20-day time limit for responses is suspended until receipt of the payment. Should a fee be payable, we will write to you to inform you that a fee is required and the process for making payment.

For your information, the Act defines a number of exemptions which may prevent the release of the information you have requested. We will assess whether any of the exemption categories apply to your request (as per PART 11 of the Act) and if they do, or if there is a delay due to the application of an exemption we will contact you and keep you informed.

If any further assistance on this matter is required, please do not hesitate to contact us at [CCEA request email]

Kind regards
Data Protection

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Data Protection Officer, Northern Ireland Council for the Curriculum, Examinations and Assessment

Dear Mr Manning,

 

We are responding to your email dated 6 January 2023 which we have
processed under the Freedom of Information Act 2000.

 

Any minutes of meetings of CCEA Council which have not been published on
the CCEA website at the date of your request are exempt from release at
this stage under Section 22 of the Freedom of Information Act 2000
(Information Intended for Future Publication). We have already provided
explanations regarding the timing of the publication of this information
and the issues and challenges around this in responses to previous FOI
Requests dated 21 January 2022 and 29 July 2022 and Internal Review
responses dated 11 February 2022 and 22 August 2022. A Public Interest
Test has been carried out which supports the application of this exemption
and a summary of the factors considered in the Public Interest Test are as
follows.

 

Factors Favouring Applying the Exemption

•            The CCEA Publication Scheme commits to publishing minutes of
Council and ARAC meetings. The Publication Scheme does not specify
timescales for publication nor does the application of a Section 22
exemption require timescales to be specified.

•            There is a requirement for minutes to be fully ratified
before they are published which necessitates a time delay. The Publication
Scheme rightly does not contain timescales for publication for this
reason.

•            The finite resources involved in publishing minutes faces
competing demands from other aspects of Council Secretariat business.

•            The resourcing of the Council Secretariat function faces
competing demands from other CCEA functions, many of whom are tasked with
delivering statutory duties.

 

Factors Favouring Disclosure

•            CCEA is a designated Public Authority in receipt of public
funding and as such there is a public interest in ensuring financial
accountability.

•            There is a public interest in the accountability and
transparency of the decision making processes within CCEA.

•            Disclosure may improve the public understanding of CCEA and
the current issues being dealt with and therefore allow more effective
challenge.

•            Disclosure may increase trust and confidence in CCEA and
provide a basis to share and improve best practice.

 

We are happy to state again that that there has never been any suggestion
that CCEA does not intend to publish the minutes of Council meetings as
set out in the CCEA Publication Scheme, and that CCEA remains committed to
the principles of openness and transparency. We are also able to state
that we are currently carrying out a comprehensive review of the minutes
of all CCEA Council and ARAC meetings which have not yet been published on
the CCEA website and we fully expect to be have all ratified minutes
published within the next 2 months. We intend to use the feedback from
your various requests and correspondence to inform this review.

 

Requesting an internal review

 

If you are dissatisfied with the handling of your request, you have the
right to request an internal review.  Internal review requests should be
submitted within 40 working days of receiving this response and should be
addressed, by email or by post to:

 

Complaints Co-ordinator

CCEA

29 Clarendon Road

Belfast

BT1 3BG

 

or

[email address]. 

 

If you are not content with the outcome of the internal review, you have
the right to apply directly to the Information Commissioner for a
decision.  The Information Commissioner can be contacted at:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

 

Feedback

 

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https://research.ccea.org.uk/index.php/3...

 

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to others and how we keep it secure. The Privacy Notice can be found at:
https://ccea.org.uk/legal/privacy-policy

 

Best wishes

Data Protection Officer

 

 

 

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Dear Data Protection Officer,

I note that your independent internal review is now complete. This comment is merely just that, a comment in response and no response is required as you have stated CCEA comment on this matter is concluded but I feel it states obvious issues of concern by way of record for future reference for those that will now take matters forward on my behalf.

1. You have previously stated that minutes had not been ratified. That is a huge concern in a public body particularly when they refer to unpublished minutes of meetings that took place many many months ago. Why is the question when other subsequent recent meeting minutes have been and no reference on those minutes to non ratified prior meetings.

2. You incredibly refer to the fact that no obligation is stated by way of specific timeframes to publish minutes. That is not worthy of comment so can I therefore assume that schools or other public bodies are under no such obligation or reasonable expectation to publish minutes in a timely manner. In your case minutes of meetings of @circa year ago are outstanding and you seek to rely on the idea that no specific timeframes exist. It must be assumed that going forward minutes will simply be published if and when you feel like it with no statutory or expectation to do so within a predefined timeframe.

3. It is noted from published minutes that that many senior positions within CCEA including CEO, finance and others were acting up positions so public’s assurance over accuracy and disclosure of decisions taken in Council and ARAC meetings I think it is reasonable to suggest that minutes would be published in a more timely manner to reassure public on many levels.

4. Going back to fundamental point it was you in your previous response that referred to need for minutes to be ratified as one reason for delay . Perhaps you could explain how if minutes were unable to be ratified of meetings that took place up to year ago ( how many minutes of meetings not ratified you didn’t say ) then how possibly could they be ratified now as no one could possibly given passage of time accurately now confirm such accuracy so the simple point raised by way of previous legitimate concern was that it appeared there may be dispute which is highly irregular.

5. It was also suggested to you that where issues arise alternative arrangements may reasonably be expected to have been out in place to as a minimum ensure accurate and critical contemporaneous recording of minutes and if any issue prevented ratification that this would have been addressed and noted within subsequent meetings. No response was given.

6. Publication requires simple uploading of a document ( minutes) and to suggest that staff had other priorities or that this required some level of work that could not be attended to is without stating obvious at best strange

You have stated your reasons on record and I certainly hope that my school can apply such exceptions in relation to publication of minutes of meetings they hold if requested.

I spoke with a company who is a very large business and they advised me they can upload minutes in 30 seconds so the question remains are there minutes, are they contemporaneous and approved and what unique systems in place that require other than a simple scan upload to web.

You have concluded your enquiry and internal review stating in your opinion exemption to publish to date so this will serve simply as a note for ICO and others this matter will now be referred to.

7. Finally I on various occasions if I recall asked taht yiu confirm that all attendees of meetings in which minutes have not been published have been made aware that firstly the minutes have not been published ( albeit subsequent more recent meeting minutes have ) , that you have stated amongst your reasons that the meetings were not ratified and thirdly that deep concern exists over non publication. This note served again by way of reference that all those attending agree with reasons as stated by you for non publication

Yours sincerely,

Mr Manning

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