Transparency

Response to this request is delayed. By law, Copeland Borough Council should normally have responded promptly and by (details)

Dear Sir,

Energy Coast West Cumbria Limited and its related companies appear to keep a rather low profile in relation to redevelopment of certain parts of the Town. BEC is the face claiming that it is a Company. However, a search at Companies House indicates that it has not been registered as a company so I conclude that it isn't one in law. I am unclear as to just what it is in terms of a legal entity.

The reality seems to be that Energy Coast West Cumbria Limited and its related companies are actually leading on development projects. The land being vested in Energy Coast West Cumbria (Properties) Limited. Clarification would be appreciated

A. Mayor Starkie is a Director of Energy Coast West Cumbria Limited. Its accounts for 2017 indicate that the Directors were paid a remuneration.

The Company appears to be local authority controlled in that it seems to be owned by your Council, Allerdale and Cumbria County Council with nominees of each Council acting as a Director.

1. Is it a Local Authority controlled company?

2.Is Mayor Starkie a nominee or appointee of your Council to the Company?

3. Did Mayor Starkie receive any remuneration and if so how much?

4. Was any remuneration in excess of the allowance due to a Councillor for similar duties?

4. Should the directorship be recorded in Mayor Starkie's register of interests? If not why not?

B. Mayor Starkie is also a Director of Energy Coast West Cumbria (Properties) Limited and Energy Coast West Cumbria (Workspace) Limited.

1. Is either or both of these a Local Authority controlled company?

2. Is Mayor Starkie a nominee or appointee of your Council to either or both of the Company's?

3. Did Mayor Starkie receive any remuneration and if so how much?

2. Was any remuneration in excess of the allowance due to a Councillor for similar duties?

4. Should the directorship be recorded in Mayor Starkie's register of interests? If not why not?

C. If Mayor Starkie is a nominee or appointee of the Council for any post of Director

1. should that be registered as an interest in part 8 of the register?

Thanks for your time

Jayne Laine

Sent request to Copeland Borough Council again.

Richard Taylor left an annotation ()

The council asked WhatDoTheyKnow to resend this request; so we did.

--
Richard - WhatDoTheyKnow volunteer

info@copeland.gov.uk, Copeland Borough Council

1 Attachment

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Tel: 01946 598300. Fax: 01946 598303. [5]www.copeland.gov.uk,
[6][Copeland Borough Council request email] 

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1 Attachment

Dear Jayne,
 
Thank you for your Freedom of Information Request.  Your request for
information has been forwarded on to our Freedom of Information Officer,
who will respond to your request as soon as possible, and not later than
20 days after receiving your request.
 
Yours sincerely,
  

Customer Service Officer

Copeland Direct

Copeland Borough Council 

Copeland Borough Council, Market Hall, Market Place, Whitehaven, CA28
7JG. Tel: 01946 598300. Fax: 01946
598303. [1]www.copeland.gov.uk, [2][Copeland Borough Council request email]

 



Working to improve lives, communities and the prosperity of Copeland

 

--------------------------------------------------------------------------

From: jayne laine <[FOI #479293 email]>
Date: Wednesday, 25 April 2018, 13:57:58
To: FOI requests at Copeland Borough Council <[Copeland Borough Council request email]>
Subject: Freedom of Information request - Transparency
Dear Sir,

Energy Coast West Cumbria Limited and its related companies appear to keep
a rather low profile in relation to redevelopment of certain parts of the
Town. BEC is the face claiming that it is a Company. However, a search at
Companies House indicates that it has not been registered as a company so
I conclude that it isn't one in law. I am unclear as to just what it is in
terms of a legal entity.

The reality seems to be that Energy Coast West Cumbria Limited and its
related companies are actually leading on development projects. The land
being vested in Energy Coast West Cumbria (Properties) Limited.
Clarification would be appreciated

A. Mayor Starkie is a Director of Energy Coast West Cumbria Limited. Its
accounts for 2017 indicate that the Directors were paid a remuneration.

The Company appears to be local authority controlled in that it seems to
be owned by your Council, Allerdale and Cumbria County Council with
nominees of each Council acting as a Director.

1. Is it a Local Authority controlled company?

2.Is Mayor Starkie a nominee or appointee of your Council to the Company?

3. Did Mayor Starkie receive any remuneration and if so how much?

4. Was any remuneration in excess of the allowance due to a Councillor for
similar duties?

4. Should the directorship be recorded in Mayor Starkie's register of
interests? If not why not?

B. Mayor Starkie is also a Director of Energy Coast West Cumbria
(Properties) Limited and Energy Coast West Cumbria (Workspace) Limited.

1. Is either or both of these a Local Authority controlled company?

2. Is Mayor Starkie a nominee or appointee of your Council to either or
both of the Company's?

3. Did Mayor Starkie receive any remuneration and if so how much?

2. Was any remuneration in excess of the allowance due to a Councillor for
similar duties?

4. Should the directorship be recorded in Mayor Starkie's register of
interests? If not why not?

C. If Mayor Starkie is a nominee or appointee of the Council for any post
of Director

1. should that be registered as an interest in part 8 of the register?

Thanks for your time

Jayne Laine

-------------------------------------------------------------------

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[FOI #479293 email]

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requests to Copeland Borough Council? If so, please contact us using this
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show quoted sections

Clifford Walker, Copeland Borough Council

1 Attachment

Dear Jayne,

 

I acknowledge receipt of your Request for Information under the Freedom of
Information Act 2000.

 

Your request is being considered and you will receive any recorded
information held by Copeland Borough Council within the statutory
timescale of 20 working days as defined by the Freedom of Information Act
2000, subject to the information not being exempt or containing a
reference to a third party.

 

For your information, the Act defines a number of exemptions, which may
prevent release of the information you have requested.  There will be an
assessment and if any of the exemption categories apply then the
information will not be released.  You will be informed if this is the
case, including your rights of appeal.

 

If the information you request contains reference to a third party then
they may be consulted prior to a decision being taken on whether or not to
release the information to you.  You will be informed if this is the case.

 

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 working
day time limit for responses is suspended until receipt of the payment.

 

If you have any queries or concerns then please contact me.

 

Further information is also available from the Information Commissioner
at:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

 

Telephone 01625 545700

[1]https://ico.org.uk/

 

Yours sincerely

 

 

 

Cliff Walker

Information Management Officer

Copeland Borough Council

 

Tel: 01946 59 8529

Email: [2][email address]

 

Copeland Borough Council, The Copeland Centre, Catherine Street,
Whitehaven, Cumbria, CA28 7SJ. Tel: 01946 598300. Fax: 01946 598303.
[3]www.copeland.gov.uk, [4][Copeland Borough Council request email]

[5]Description: cid:image001.png@01CE1E6D.7E7E5480

Working to improve lives, communities and the prosperity of Copeland

 

 

--------------------------------------------------------------------------

From: jayne laine <[6][FOI #479293 email]>
Date: Wednesday, 25 April 2018, 13:57:58
To: FOI requests at Copeland Borough Council <[7][Copeland Borough Council request email]>
Subject: Freedom of Information request - Transparency

Dear Sir,

Energy Coast West Cumbria Limited and its related companies appear to keep
a rather low profile in relation to redevelopment of certain parts of the
Town. BEC is the face claiming that it is a Company. However, a search at
Companies House indicates that it has not been registered as a company so
I conclude that it isn't one in law. I am unclear as to just what it is in
terms of a legal entity.

The reality seems to be that Energy Coast West Cumbria Limited and its
related companies are actually leading on development projects. The land
being vested in Energy Coast West Cumbria (Properties) Limited.
Clarification would be appreciated

A. Mayor Starkie is a Director of Energy Coast West Cumbria Limited. Its
accounts for 2017 indicate that the Directors were paid a remuneration.

The Company appears to be local authority controlled in that it seems to
be owned by your Council, Allerdale and Cumbria County Council with
nominees of each Council acting as a Director.

1. Is it a Local Authority controlled company?

2.Is Mayor Starkie a nominee or appointee of your Council to the Company?

3. Did Mayor Starkie receive any remuneration and if so how much?

4. Was any remuneration in excess of the allowance due to a Councillor for
similar duties?

4. Should the directorship be recorded in Mayor Starkie's register of
interests? If not why not?

B. Mayor Starkie is also a Director of Energy Coast West Cumbria
(Properties) Limited and Energy Coast West Cumbria (Workspace) Limited.

1. Is either or both of these a Local Authority controlled company?

2. Is Mayor Starkie a nominee or appointee of your Council to either or
both of the Company's?

3. Did Mayor Starkie receive any remuneration and if so how much?

2. Was any remuneration in excess of the allowance due to a Councillor for
similar duties?

4. Should the directorship be recorded in Mayor Starkie's register of
interests? If not why not?

C. If Mayor Starkie is a nominee or appointee of the Council for any post
of Director

1. should that be registered as an interest in part 8 of the register?

Thanks for your time

Jayne Laine

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[8][FOI #479293 email]

Is [9][Copeland Borough Council request email] the wrong address for Freedom of Information
requests to Copeland Borough Council? If so, please contact us using this
form:
[10]https://emea01.safelinks.protection.outl...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[11]https://emea01.safelinks.protection.outl...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[12]https://emea01.safelinks.protection.outl...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

Clifford Walker, Copeland Borough Council

1 Attachment

Dear Jayne,

 

Thank you for your request for information regarding Transparency

 

I can advise that the information requested is as follows:

 

 A. Mayor Starkie is a Director of Energy Coast West Cumbria Limited. Its
accounts for 2017 indicate that the Directors were paid a
remuneration.

The Company appears to be local authority controlled in that it seems
to be owned by your Council, Allerdale and Cumbria County Council with
nominees of each Council acting as a Director.

1. Is it a Local Authority controlled company? – No – Please see below
response at ‘D’

2.Is Mayor Starkie a nominee or appointee of your Council to the
Company? -  Yes

3. Did Mayor Starkie receive any remuneration and if so how much?  -
None received

4. Was any remuneration in excess of the allowance due to a Councillor
for similar duties?  N/a.

4. Should the directorship be recorded in Mayor Starkie's register of
interests? If not why not? Non pecuniary position.  No requirement for
registration

B. Mayor Starkie is also a Director of Energy Coast West Cumbria
(Properties) Limited and Energy Coast West Cumbria (Workspace)
Limited.

1. Is either or both of these a Local Authority controlled company?  -
No – Please see below response at ‘D’

2. Is Mayor Starkie a nominee or appointee of your Council to either
or both of the Company's?  - Yes

3. Did Mayor Starkie receive any remuneration and if so how much?  -
None received

2. Was any remuneration in excess of the allowance due to a Councillor
for similar duties? – N/a.

4. Should the directorship be recorded in Mayor Starkie's register of
interests? If not why not? - Non pecuniary position.  No requirement
for registration

C. If Mayor Starkie is a nominee or appointee of the Council for any
post of Director

1. should that be registered as an interest in part 8 of the register?
Board of CCF - Non pecuniary position.  No requirement for
registration

  ‘D’      Britain’s Energy Coast (BEC) has been a very transparent entity
in and around Whitehaven for many years, and have had two very big
advertising boards in place for the last 3 years indicating that
development will be coming forward. Britain’s Energy Coast (BEC) are
legitimate trading names for Energy Coast West Cumbria Ltd (ECWC) and have
been for many years. They have never made a claim that BEC is a limited
company and on all website, and written correspondence they reference ECWC
Ltd

 

The ownership of ECWC Ltd and the other two companies listed below are
Nuclear Decommissioning Authority (50%) with the other 50% ownership being
split between Allerdale Borough Council (ABC), Copeland Borough Council
(CBC) and Cumbria County Council (CCC). Each Owner has one seat on a Board
of nine – the remaining Board positions are taken up by independents. No
Owner receives any form of payment for the companies, they do however make
payments to Non-Executive Directors.  

 

In the past the company was supported in part with funding from the
nuclear sector. This funding was to provide business support across the
two councils. However, in 2016 all funding was withdrawn and BEC reduced
significantly its operating remit, developed a new ten year strategic plan
and became a fully commercial operation funding its activities and
developments through the rental yield on its current asset base.  BEC is a
‘Profit for Purpose’ organisation and pumps its profits into future
developments. These developments include the Northshore where BEC has
provided funding to-date in excess of £5M, LEP funding from Growth Deal of
£4.5M, Sellafield funding of £2.6M and Cumbria County Council funding for
infrastructure of £1.8M.

 

You will be aware of the significant development proposed for Whitehaven’s
North Shore, which with the exception of the above identified funding, is
funded purely from the private sector – this scheme is only made possible
by BEC’s ability at pulling in private sector investment. It is also
important to note that BEC is also carrying out large scale development in
Allerdale including commercial warehousing at Lillyhall.

 

Please note that neither Copeland nor Allerdale have funded the
organisation at any point.  

 

For clarity:

 

o Under the registered trading name of Britain’s’ Energy Coast, (BEC) as
it is formed today, grew out of a series of regeneration and economic
development companies designed to boost the economies of Allerdale and
Copeland. BEC is made up of three companies registered in England at
companies house being:-

 

o Energy Coast West Cumbria Limited a private company limited by
guarantee, without share capital.  Formed in 2011, company number
02234442, formally West Cumbria Development Fund Limited formed in
1988.

 

o Energy Coast West Cumbria (Workspace) Limited is a private company
limited by guarantee, without share capital.  Formed in 2012, company
number 02259526, formally West Cumbria Development Agency Limited
formed in 1988.

 

o Energy Coast West Cumbria (Properties) Limited is a private limited
company that is a fully owned subsidiary of Energy Coast West Cumbria
Ltd.   Formed in 2012, company number 02414283, formally Westlakes
Properties Limited formed in 1989.

 

Mayor Starkie is a Director of the above in a non-pecuniary role and as
such does not receive remuneration and is not subject to any requirement
to disclose.

I hope this is the information you require, but do not hesitate to contact
me if you wish to clarify anything further.

 

The Council makes every effort to make sure that the services it provides
are as efficient and effective as possible, and this includes any requests
under the Freedom of Information Act.

 

If you believe that your request has not been dealt with satisfactorily
you should follow the Council’s complaints procedure.

 

If you have followed the complaints procedure and are still not happy with
how your request has been dealt with you may also contact the:

 

Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Enquiry/Information Line: 01625 545 745

For more information: [1]https://ico.org.uk/

 

Yours sincerely

 

 

Cliff Walker

Information Management Officer

Copeland Borough Council

 

Tel: 01946 59 8529

Email: [2][email address]

 

Copeland Borough Council, The Copeland Centre, Catherine Street,
Whitehaven, Cumbria, CA28 7SJ. Tel: 01946 598300. Fax: 01946 598303.
[3]www.copeland.gov.uk, [4][Copeland Borough Council request email]

[5]Description: cid:image001.png@01CE1E6D.7E7E5480

Working to improve lives, communities and the prosperity of Copeland

 

 

--------------------------------------------------------------------------

From: jayne laine <[6][FOI #479293 email]>
Date: Wednesday, 25 April 2018, 13:57:58
To: FOI requests at Copeland Borough Council <[7][Copeland Borough Council request email]>
Subject: Freedom of Information request - Transparency

Dear Sir,

Energy Coast West Cumbria Limited and its related companies appear to keep
a rather low profile in relation to redevelopment of certain parts of the
Town. BEC is the face claiming that it is a Company. However, a search at
Companies House indicates that it has not been registered as a company so
I conclude that it isn't one in law. I am unclear as to just what it is in
terms of a legal entity.

The reality seems to be that Energy Coast West Cumbria Limited and its
related companies are actually leading on development projects. The land
being vested in Energy Coast West Cumbria (Properties) Limited.
Clarification would be appreciated

A. Mayor Starkie is a Director of Energy Coast West Cumbria Limited. Its
accounts for 2017 indicate that the Directors were paid a remuneration.

The Company appears to be local authority controlled in that it seems to
be owned by your Council, Allerdale and Cumbria County Council with
nominees of each Council acting as a Director.

1. Is it a Local Authority controlled company?

2.Is Mayor Starkie a nominee or appointee of your Council to the Company?

3. Did Mayor Starkie receive any remuneration and if so how much?

4. Was any remuneration in excess of the allowance due to a Councillor for
similar duties?

4. Should the directorship be recorded in Mayor Starkie's register of
interests? If not why not?

B. Mayor Starkie is also a Director of Energy Coast West Cumbria
(Properties) Limited and Energy Coast West Cumbria (Workspace) Limited.

1. Is either or both of these a Local Authority controlled company?

2. Is Mayor Starkie a nominee or appointee of your Council to either or
both of the Company's?

3. Did Mayor Starkie receive any remuneration and if so how much?

2. Was any remuneration in excess of the allowance due to a Councillor for
similar duties?

4. Should the directorship be recorded in Mayor Starkie's register of
interests? If not why not?

C. If Mayor Starkie is a nominee or appointee of the Council for any post
of Director

1. should that be registered as an interest in part 8 of the register?

Thanks for your time

Jayne Laine

-------------------------------------------------------------------

Please use this email address for all replies to this request:
[8][FOI #479293 email]

Is [9][Copeland Borough Council request email] the wrong address for Freedom of Information
requests to Copeland Borough Council? If so, please contact us using this
form:
[10]https://emea01.safelinks.protection.outl...

Disclaimer: This message and any reply that you make will be published on
the internet. Our privacy and copyright policies:
[11]https://emea01.safelinks.protection.outl...

For more detailed guidance on safely disclosing information, read the
latest advice from the ICO:
[12]https://emea01.safelinks.protection.outl...

Please note that in some cases publication of requests and responses will
be delayed.

If you find this service useful as an FOI officer, please ask your web
manager to link to us from your organisation's FOI page.

show quoted sections

Dear Clifford Walker,

Thank you for your prompt response

You have commented in response to my enquiry whether Mayor Starkie should have registered his nomination or appointment to the Companies in the register of interests " Non pecuniary position. No requirement for
registration".

However there are two types of interest that require to be registered. Firstly there are the disclosable pecuniary interests required to be registered under "THE RELEVANT AUTHORITIES (DISCLOSABLE PECUNIARY INTERESTS) REGULATIONS 2012". These would be numbered 1-7 in the register. Secondly there are non pecuniary interests that the Council decides should be registered. Copeland has decided that those that fall within section 8 need to be registered. Mayor Starkie being a member of a company to which he has been nominated or appointed by the Council seems to fall with this requirement even as a non pecuniary interest.

1. Can you please review your response on any need to register the interest as a non pecuniary interest?

2. Is a failure to register a non pecuniary interest required to be registered by the Mayor a breach of the Code of Conduct ?

3. As a nominee or appointee of the various companies the law, I believe, requires that its accounts are forwarded to you. Those accounts should reveal how much each Director received. Can you provide a copy of the relevant part of the accounts listing each Directors remuneration. The names of other Directors and the sums received by them can be redacted but if Mr Starkie's name is listed then that should not be redacted. I am not challenging your answer merely seeking evidence in the public domain to meet criticism that has been made on social media. Thank you

4. Please note that BEC states on its website "Cumbrian property company, BEC, has revealed more detailed......". It has made other references to it being a "Company". I have yet to find it describing itself as Energy Coast West Cumbria Limited trading as BEC. I believe that legislation obliges a company using a trading name as part of carrying out business, to display the appropriate company information in all places where the business is carried out and on all documentation, invoices and alike. BEC website does not carry such company information or at least I could not find it. Companies must disclose their actual company name on their websites and multiple other locations. Could you review your response under D in relation to these legal obligations.

5. Are these company's or any of them Local Authority influenced companies? If so which? Bear in mind here the number of Directors seem to have been reduced this last year.

Yours sincerely,

Jayne Lainé

Clifford Walker, Copeland Borough Council

Dear Jayne,

Thank you for your additional request for information regarding Transparency. FOI 7256/18

I can advise that the information requested is as follows:

1. Can you please review your response on any need to register the interest as a non-pecuniary interest? -

Reviewed and response remains unchanged from original reply (copied below).

2. Is a failure to register a non-pecuniary interest required to be registered by the Mayor a breach of the Code of Conduct ? -

No. Not in the circumstances outlined.

3. As a nominee or appointee of the various companies the law, I believe, requires that its accounts are forwarded to you. Those accounts should reveal how much each Director received. Can you provide a copy of the relevant part of the accounts listing each Directors remuneration. The names of other Directors and the sums received by them can be redacted but if Mr Starkie's name is listed then that should not be redacted. I am not challenging your answer merely seeking evidence in the public domain to meet criticism that has been made on social media. Thank you

I can confirm that Copeland Borough Council holds this information. The information is exempt under Section 21 of the Freedom of Information Act (FOIA), because the information is accessible to you, as it is already in the public domain and may be accessed at www.gov.uk/government/organisations/comp...

4. Please note that BEC states on its website "Cumbrian property company, BEC, has revealed more detailed......". It has made other references to it being a "Company". I have yet to find it describing itself as Energy Coast West Cumbria Limited trading as BEC. I believe that legislation obliges a company using a trading name as part of carrying out business, to display the appropriate company information in all places where the business is carried out and on all documentation, invoices and alike. BEC website does not carry such company information or at least I could not find it. Companies must disclose their actual company name on their websites and multiple other locations. Could you review your response under D in relation to these legal obligations.

Reviewed and response remains unchanged from original reply. Following consultation around this request I have been asked to again invite you to a personal meeting with the BEC Chief Executive at your convenience to fully discuss and explain matters of concern around the organisation.

5. Are these company's or any of them Local Authority influenced companies? If so which? Bear in mind here the number of Directors seem to have been reduced this last year.

None are Local Authority influenced companies.

I hope this is the information you require, but do not hesitate to contact me if you wish to clarify anything further.

The Council makes every effort to make sure that the services it provides are as efficient and effective as possible, and this includes any requests under the Freedom of Information Act.

If you believe that your request has not been dealt with satisfactorily you should follow the Council’s complaints procedure.

If you have followed the complaints procedure and are still not happy with how your request has been dealt with you may also contact the:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Enquiry/Information Line: 01625 545 745
For more information: https://ico.org.uk/

Yours sincerely

Cliff Walker
Information Governance and Data Protection Officer
Telephone: 01946 598529

Copeland Borough Council, The Copeland Centre
Catherine Street, Whitehaven, Cumbria, CA28 7SJ

show quoted sections

Dear Clifford Walker,

1. Please explain why this is not a section 8 matter in your declaration form which concerns nominees of the Council who are members/directors of a company and which the Mayor is

2. The information on how much each Director received is not available from any of the sources you have outlined. They simply indicate all directors aggregated payments rather than individual payments. I note that you confimr that you hold the individual payment details so can you please now properly respond to my enquiry

Yours sincerely,

Jayne Lainé

Clifford Walker, Copeland Borough Council

1 Attachment

Dear Jayne,

Thank you for your follow up email.

I can advise that I have revisited your request and that the information requested is as follows:

1. Please explain why this is not a section 8 matter in your declaration form which concerns nominees of the Council who are members/directors of a company and which the Mayor is

You are correct, they are Section 8 and concern non-pecuniary interests, the requirements to disclose not being statutory but being required pursuant to a decision of Council made on 6th September 2012. The Mayor was not made aware of this fact.

The declaration under Section 8 relate to matters which have been in the public domain for some time in consequence of Council, each year appointing members to outside bodies.

The Annual Meeting of the Council is held each year and at this meeting Full Council considers nominations for member representation to outside bodies. This outside bodies list includes the Britain's Energy Coast (BEC) Board. The formal agreement to the newly elected Mayor being the Council's representative to the BEC Board was agreed at this annual meeting on 01 June 2015 (and subsequent reappointment having been made in the same public forum in the same way each year thereafter). The Mayor was elected to his office on 07 May 2015 formally signing his acceptance to office on 12 May 2015. He worked with our then Monitoring Officer at the time regarding the declaration of interest requirements. His Council agreed appointment to BEC was 13 working days after his taking up office and in the public domain. The Mayor was not advised that although this is a Full Council appointment, and therefore in that sense was an appointment made in public, that his Declaration of Interest Form needed also to be updated in this regard.

2. The information on how much each Director received is not available from any of the sources you have outlined. They simply indicate all directors aggregated payments rather than individual payments. I note that you confimr that you hold the individual payment details so can you please now properly respond to my enquiry

The Board is made up of 4 public sector members and 5 private sector members. The private sector members (NEDS and the CEO) receive payment for the services provided. No public sector member receives any payment. In relation to your request for individual payment details, redacted or otherwise, I would advise you that we have the right to withhold any individual’s personal information being given to a third party under Absolute Exemption, Section 40 (3)(a)(i) of the Freedom of Information Act 2000. This states that personal information should not be disclosed if it would contravene one of the principles of the Data Protection Act. This exemption is an absolute exemption under the act. For clarity, I repeat, the Mayor receives no payments from BEC in his capacity as Board Member.

I hope this is the information you require, but do not hesitate to contact me if you wish to clarify anything further.

The Council makes every effort to make sure that the services it provides are as efficient and effective as possible, and this includes any requests under the Freedom of Information Act.

If you believe that your request has not been dealt with satisfactorily you should follow the Council’s complaints procedure.

If you have followed the complaints procedure and are still not happy with how your request has been dealt with you may also contact the:

Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Enquiry/Information Line: 01625 545 745 For more information: https://ico.org.uk/

Yours sincerely

Cliff Walker
Information Governance and Data Protection Officer
Telephone: 01946 598529

Copeland Borough Council, The Copeland Centre Catherine Street, Whitehaven, Cumbria, CA28 7SJ

show quoted sections

Dear Mr Walker

I'm afraid I won't hold back. The people are sick of asking questions and then being given the run around!!!! It's not good enough.

Thank you for admitting that you LIED to me.

Thank you also for admitting that the Mayor FAILED to comply with the law. It is the express obligation of the Mayor to register the relevant interests and not for anyone to advise him. Thus your response that the Mayor was not made aware of this legal obligation is irrelevant. It was his duty and he failed for years.

It matters not that such information might be in the public domain THE MAYOR LIED on his register.

Can you please stop defending this illegal misconduct YOU HAVE A DUTY IF CARE IN YOUR ROLE TO TELL THE PUBLIC THE TRUTH.

Please confirm that there is no legal entity called BEC.

Please now confirm the level of income the Mayor has obtained from this hidden interest and whether that was also such to registration.

Please stop hiding behind some misplaced concept of exemption. Enough is enough isn;t it?

Yours sincerely,

jayne laine

Clifford Walker, Copeland Borough Council

1 Attachment

Dear Jayne,

 

A Public Authority is able to refuse requests which can divert resources
away from more deserving requests and other public business, or threaten
to undermine the credibility of the freedom of information system. It is
recognised that dealing with unreasonable requests can place a strain on
resources and get in the way of delivering mainstream services.

I believe that, given the previous responses and explanations provided and
your continued refusal to accept invitations to discuss the matters in
person, the below request has no reasonable foundation; that is, no
reasonable foundation for thinking that the information sought would be of
value to the requester or to the public or any section of the public. Nor
does your request contain a request for recorded information as defined by
the Act. Public Authorities do not have to comply with requests that
appear to lack any serious purpose. For this reason, your request is
refused under section 14(1) of the Act, which states that requests that
are considered to be vexatious do not have to be complied with.

Based on the hostile wording of your correspondence, I determine that this
request is vexatious. Your correspondence is intended to raise unfounded
allegations against individuals, and organisations with no substance
behind your allegations, or intention to obtain information from Copeland
Borough Council or BEC Ltd. In this case it is clear from your questions
that your requests lack any serious purpose or value.  The only intention
being to cause disruption, which is complete abuse of the rights under
freedom of information act.

I believe that answering this request will likely lead to further
correspondence, requests or complaints; thus imposing a significant burden
on Council resources.

Section 14 (1) of the Freedom of Information Act states that a public
authority is not obliged to comply with a request for information if that
request is vexatious.

This letter serves as a Refusal Notice under Section 17 of the Freedom of
 Information Act 2000.

Copeland Borough Council will therefore not be responding to this request.

If you disagree with the Council determining your request is vexatious you
have the right to request an internal review by the Council. If following
this you remain dissatisfied you may contact the Office of the Information
Commissioner. If you wish to request an internal review, please contact me
and I will make the necessary arrangements.

Regards,

 

Cliff Walker

Information Governance and Data Protection Officer

Copeland Borough Council

 

Tel: 01946 59 8529

Email: [1][email address]

 

Copeland Borough Council, The Copeland Centre, Catherine Street,
Whitehaven, Cumbria, CA28 7SJ. Tel: 01946 598300. Fax: 01946 598303.
[2]www.copeland.gov.uk, [3][Copeland Borough Council request email]

[4]Description: cid:image001.png@01CE1E6D.7E7E5480

Working to improve lives, communities and the prosperity of Copeland

 

 

 

 

Dear Mr Walker

 

I'm afraid I won't hold back. The people are sick of asking questions and
then being given the run around!!!! It's not good enough.

 

Thank you for admitting that you LIED to me.

 

Thank you also for admitting that the Mayor FAILED to comply with the law.
It is the express obligation of the Mayor to register the relevant
interests and not for anyone to advise him. Thus your response that the
Mayor was not made aware of this legal obligation is irrelevant. It was
his duty and he failed for years.

 

It matters not that such information might be in the public domain THE
MAYOR LIED  on his register.

 

Can you please stop defending this illegal misconduct YOU HAVE A DUTY IF
CARE IN YOUR ROLE TO TELL THE PUBLIC THE TRUTH.

 

Please confirm that there is no legal entity called BEC.

 

Please now confirm the level of income the Mayor has obtained from this
hidden interest and whether that was also such to registration.

 

Please stop hiding behind some misplaced concept of exemption. Enough is
enough isn;t it?

 

Yours sincerely,

 

jayne laine

 

show quoted sections

Ann Wilson left an annotation ()

"His Council agreed appointment to BEC was 13 working days after his taking up office and in the public domain. The Mayor was not advised that although this is a Full Council appointment, and therefore in that sense was an appointment made in public, that his Declaration of Interest Form needed also to be updated in this regard."

13 working days would take us to the 13th May 2015.
The elections was on the 7th May and his term of office commenced 4 days later according to Regulations in 2012 Number 336. Not working days but days so that would be the 11th. Matters not but the officer seems to have it wrong again.

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