DEAL AXES TRUTH: Scottish Ministers avoid probe of undermining Freedom of Information requests as political deal sidelines report revealing secret two-tier FOI regime

Holyrood deal blocks probe of Ministers FOI misuse. THE Scottish Government has avoided an independent investigation into a deliberate policy by Ministers to mishandle and undermine Freedom of Information requests.

Earlier today, demands for an independent review of how Scottish Ministers deliberately mishandle FOI requests from journalists & the public were thwarted after the Scottish Government struck a deal with the Liberal Democrats against a Scottish Labour motion calling for a probe.

Now, after months of work by the Scottish Information Commissioner’s Office on a report into the Scottish Government’s abuses of Freedom of Information laws (FOISA), the widely criticised anti-transparency attitude of Scottish Ministers will instead result in a ‘consultation’ on Libdem proposals to extend FOI coverage to private contractors providing services to the public sector.

However, the highly critical report published by the Scottish Information Commissioner earlier this month, found Scottish Ministers are operating a secret two-tier FoI regime – which deliberately & consistently obstructs the release of any information which is likely to embarrass them.

The report also found that journalists, MSPs and their researchers were subject to extra scrutiny, leading to deliberate delays (sometimes of many months) in requests being handled, despite the law saying the FoI system should be blind.

There is also anecdotal evidence in recent media reports that the Scottish Government’s anti-transparency attitude towards Freedom of Information compliance has trickled down to almost every single Scottish Public authority – including Police Scotland, the Crown Office & other key justice related agencies.

Today, during the Holyrood debate on calls for an independent probe of Scottish Ministers & their misuse of FOI legislation, parliamentary business minister Joe FitzPatrick agreed the deal with the LibDems instead of a fully independent probe into Scottish Ministers.

Mr Fitzpatrick said: “Against a backdrop of an ever-changing public service delivery landscape, where services traditionally provided by public authorities are now being provided by the third sector or private contractors, I'm conscious there are increasing demands to look again at the scope of coverage of the legislation.”

The full debate can be viewed online here:

Debate: Review of Government FOI Handling and Record Keeping - 20 June 2018

Readers may also be interested in a retired journalist’s petition to bring a guarantee of honesty to Freedom of Information legislation, after it was found public authorities were distorting and in some cases, providing dishonest information in response to Freedom of Information requests.

Video footage of the proposal to the Scottish Parliament's Public Petitions Committee in April 2014, by retired Scotsman journalist William Chisholm MBE, can be viewed here:

Petition PE01512 Amendments to the Freedom of Information Scotland Act 2002 Scottish Parliament

However, and somewhat surprisingly, Rosemary Agnew - who was at the time, the Scottish Information Commissioner - and is now currently serving as the Scottish Public Services Ombudsman - blocked the attempt to bring a guarantee of honesty to Freedom of Information responses.

Video footage of Rosemary Agnew’s evidence to the Petitions Committee and her position against addressing issues of honesty in Freedom of Information responses, can be viewed here:

Scottish Information Commissioner Evidence to MSPs on Petition PE1512 6th May 2014

A full history of the work & report by the current Scottish Information Commissioner on the Scottish Government’s policy of undermining Freedom of Information requests, can be found here on the SIC website - which has published the following details:

Intervention 201702106: Scottish Government 

Intervention Report: Assessment Phase

On 13 June 2018 the Commissioner published his report following the assessment phase of his intervention into the Scottish Government's FOI practice and performance. The full report is available to download below.

The report details the findings of the Commissioner's extensive assessment. These include:

• It is an important principle of FOI law that, in most cases, it should not matter who asks for information. The practice of referring requests for clearance by Ministers simply because they come from journalists, MSPs and researchers is inconsistent with that principle.
• The Scottish Government's FOI policies and procedures are not clear enough about the role of special advisers in responding to FOI requests.
• The Scottish Government takes longer to respond to journalists' FOI requests than other requests, but in only one case did the Commissioner find evidence that delay was deliberate.
• The Scottish Government's FOI practice has improved significantly over the last year, following the Commissioner's first intervention: average response times to all requests, including journalists' requests have reduced.
• The Commissioner makes seven recommendations for further specific improvements to: clearance procedures; quality assurance of FOI responses; training; case handling and case records management; monitoring FOI requests and review procedures.

This assessment included:

• Statistical analysis of data from 7,318 FOI requests received by the Scottish Government between December 2014 and December 2017
• Inspection of 104 individual Scottish Government FOI case files
• Examination of 87 appeals to the Commissioner about the Scottish Government's handling of FOI requests
• Review of the Scottish Government's FOI guidance and procedures
• Face-to-face interviews with 31 Scottish Government officials and four Cabinet Secretaries.

The Commissioner requires the Scottish Government to develop an action plan (for his approval) by 13 September 2018. The Commissioner will monitor and review the implementation of the action plan.

Read the Report:

Scottish Government Intervention - Assessment Report (PDF - 321 kB)

Background  

In November 2017 the Commissioner confirmed that he would be undertaking a further intervention into the Scottish Government's FOI performance. The Commissioner's letter to the Minister for Parliamentary Business provides background to the intervention.

Invitation to journalists to provide further information

On 13 December 2017, the Commissioner issued the invitation below to the signatories of a letter sent by journalists in May 2017 to the Scottish Parliamentary Corporate Body. He invited them to provide further evidence to help him frame accurately the assessment phase of the intervention.

The invitation provides useful information about the scope of the intervention and a list of the questions the assessment phase will focus on.

Invitation to provide further evidence

We will publish a summary of the responses to this invitation as soon as possible after the closing date for submissions (12 January 2018).

Terms of the intervention

The Commissioner wrote to the Minister on 2 February 2018 to set out the aims of the intervention, the methodology for the assessment phase and the questions the intervention will explore.

The assessment phase is due to begin at the end of February 2018.

2018 02 02 Commissioner's letter to Minister for Parliamentary Business

Correspondence about the intervention

On 8 February 2018 Tavish Scott MSP wrote to the Commissioner about the intervention. You can read the exchange of correspondence below.

2018 02 08 Letter from Tavish Scott MSP to Commissioner

 2018 02 15 Letter from Commissioner to Tavish Scott MSP

Previous articles by Diary of Injustice on Freedom of Information issues, including investigations by the Scottish Information Commissioner can be found here: Reports & investigations on Freedom of Information disclosures in the legal sector & public authorities in Scotland

Consumer Focus Scotland will continue to make sure Scots consumers get a fair deal until Tory-Libdem axe falls in 2012

Consumer Focus Scotland helped Scots consumers on many issues, including access to justice. CONSUMER FOCUS SCOTLAND staff have been told by their Chairman Douglas Sinclair, the organisation will continue to make sure Scots consumers get a fair deal in both private markets & public services until the Westminster coalition’s very anti-consumer decision to scrap the organisation takes effect sometime in 2012. I previously reported on the UK Government’s decision to scrap Consumer Focus & Consumer Focus Scotland HERE & HERE.

There is of course to be a “consultation” on the closure of Consumer Focus & Consumer Focus Scotland, details of which will follow in further reports, so there’s still time to try and save what is certainly a much needed voice for consumers all across the UK, and especially in Scotland.

Scots will also have a chance to voice their opinion at the ballot box next May 2011 on which Scottish political party is doing the most to protect Scots consumers, so use your vote wisely when the time comes, and make your voice heard against those who would strip us of much needed consumer protection, especially in these perilous times of financial hardship where a lack of consumer advocacy will assist those professions who seek to rip-off consumers when no one is around to do anything about it.

Consumer Focus Scotland’s Chairman, Douglas Sinclair told his staff in a letter released to the media : “I am writing to you in the light of the announcement last week that the UK Government has decided to transfer Consumer Focus’ functions to Citizens Advice and Citizens Advice Scotland. Subject to the approval of the UK Parliament, it is proposed that the work of Consumer Focus Scotland will transfer to Citizens Advice Scotland in 2012, and at that point, it is planned that Consumer Focus will be abolished.”

“As it is expected that the necessary legislative measures, if passed by the UK Parliament, will not take effect until sometime in 2012, we will continue our work in making sure that consumers get a fair deal in both private markets and public services. We will be issuing a draft work plan for 2011/12 and look forward to working with you to deliver more benefits for consumers.”

“We will be working with the Scottish Government to ensure the best future management arrangements for the Scottish Government funded national development projects – healthy living award, Community Food and Health (Scotland), Scottish Accessible Information Forum and Health Rights Information Scotland. We will also continue to work with the Scottish Government on the planned transfer of Waterwatch Scotland’s advocacy powers to find a solution that works effectively for consumers.”

“I am immensely proud of everything which Consumer Focus Scotland, formed by the merger of the Scottish Consumer Council, Energywatch and Postwatch, has achieved in the first two years of its life, and of the legacy of over thirty years of work by these bodies in bringing about real benefits for consumers in Scotland. Consumer Focus and Consumer Focus Scotland have achieved a huge amount for consumers. Earlier this month, Consumer Focus obtained a £70 million energy bill refund for consumers across the UK.”

Consumer Focus Scotland’s achievements have included:

* Establishing the Scotland-based Extra Help Unit to support vulnerable consumers across Great Britain with their energy and post complaints. Since beginning work, the Extra Help Unit has dealt with thousands of complaints and enquiries and obtained over £1.4 million in compensation for vulnerable consumers.

* Following years of campaigning and influencing work, helping to secure the passage of the Legal Services (Scotland) Bill which will widen choice for users of legal services and increase access to justice.

* Securing the inclusion of a new duty on scrutiny bodies to continuously improve user focus in the Public Services Reform (Scotland) Act.

* Playing a key role in the establishment of the Post Office Challenge Fund for Scotland to support the development of Scotland’s post offices.

Considering some of their achievements, and their work as the former Scottish Consumer Council, they’ve done pretty well for us Scots, in many areas of consumer interest, particularly on issues relating to legal services, access to justice & regulation of the legal profession – my specialist areas of reporting. For what it costs to run Consumer Focus as an organisation, well, we’d be better saving it, than handing millions from the taxpayer over to those negligent bankers who have caused the cuts now facing public services & jobs in the UK.

Westminster Expenses : Ex Scottish Borders Libdem MP Lord Kirkwood claimed furnishings & more on taxpayer - should be stripped of title

Archy Kirkwood as a member of Parliament offered little help to victims of crooked Scottish Borders lawyers. Former Scottish Borders MP, now 'Lord' Archy Kirkwood features in today's Telegraph newspaper revelations on the Westminster expenses scandals, and deservingly so, as the paper reports he "claimed £5,000 in expenses to refurbish his London flat before retiring as an MP and selling it to his daughter for less than half its value."

Archy Kirkwood offered little help against crooked lawyer Andrew Penamn & crooked accountant Norman Howitt. I always wondered what Archy Kirkwood did for the Scottish Borders, because all I was ever able to secure from him was a letter writing contest to the former Scottish Office then Scottish Executive on the corruption of crooked Borders lawyer Andrew Penman of Stormonth Darling solicitors, Kelso - right in the heart of Archy Kirkwood's constituency. It seemed to me, backed up by information provided by others in the region, Mr Kirkwood was a touch soft on the likes of crooked lawyers, and particularly didn't want to do much regarding corrupt Borders accountants such as Norman Howitt, who you can read more about here : A picture is worth a thousand words - Images of fraud reveal corruption & deceit by lawyers & accountants in the Scottish Borders

Borders accountant Norman Howitt of JRW Group, Hawick took pensioner’s pension & bank book, even made false statements to Police to cover his tracks, but Kirkwood did nothing. Now, you’d think ‘Lord’ Kirkwood would have done something about a crooked accountant confiscating a pensioner’s pension book and wanting to take control of a pensioner’s entire savings for himself .. but, strangely, no. It seems there was too much to gain from supporting the same crooked accountancy and legal firms as one of the region’s leading solicitors informed me …

However, it wasn't just me who felt the lack of support from Mr Kirkwood during his time as an MP, after several people in the Borders began to contact me over similar problems in getting Mr Kirkwood to do anything for them at all other than the standard fair of writing letters, while refusing to raise issues or early day motions at the Westminster Parliament, during the time where that's all we had as a legislature.

Taking a look around the Scottish Borders as I did before I left it years ago (and apparently it has changed little to-date) backs up the idea the region needs younger, harder working idealistic politicians who have the region's people and Scotland's interests at heart, rather than preferring the Westminster cabal to give them long term jobs and the facility to milk the taxpayer for expenses while their constituency lies in ruins.

I note Lord Kirkwood still remains in the LibDems armoury, his name cropping up on the GovNet website here, alongside other such luminaries as Lord Foulkes of Cummock, also an MSP : Govnet Advisory Board, which lists his following details as :

Lord Archy Kirkwood of Kirkhope

Archy Kirkwood was MP for Roxburgh and Berwickshire for 22 years, standing down at the May 2005 General Election. First elected in June 1983, he became the Liberal Party’s spokesman on Health, Social Services and Social Security. In 1992, he became the Chief Whip of the Liberal Democrat parliamentary party. In 1997 Archy became Chair of the Social Security Select Committee (now Work & Pension Committee).

He served on the House of Commons Audit Committee and on the House of Commons Commission and was knighted in 2003 for services to Parliament. Archy was made a life peer in 2005. He is currently head of external relations at the office of the Liberal Democrat Leader.

However, despite all of his positions, 'Lord' Kirkwood is now revealed as just another British politician who has milked the taxpayer, for, as the Telegraph reports, everything down to £3,000 for carpets and flooring for his kitchen and bathroom from John Lewis and £94 for a lavatory paper holder and tiles from Fired Earth.

Not satisfied with that, as the Telegraph continues to report, he returned to John Lewis to buy a £207 bathroom cupboard and mirror, curtains for £90 and lighting worth £72. Whatever relationship carpets, flooring, and other furnishings has to politics, evades me. Pay the money back. In fact, give up your title - as sure as all titles should be stripped from any politician caught milking the system.

Congratulations to the Telegraph for their excellent reporting, and I hope someone makes 'Lord' Kirkwood pay all the money back he has claimed from the taxpayer, along with all the other Westminster, and Scottish politicians who have done the same. Politicians are paid plenty for their job, and should bear in mind its all about representing the community, not ripping us off.

Pay the money back 'Lord' Kirkwood. In fact, since everyone was recently shouting to take Sir Fred Goodwin's title away, give up your title too, 'Lord' Kirkwood, as sure as all titles & privileges should be stripped from any politician caught milking the system.

The Telegraph reports :

MPs' expenses: Lord Kirkwood did up flat on expenses, then sold it cheaply to daughter

Lord Kirkwood, a Liberal Democrat peer, claimed £5,000 in expenses to refurbish his London flat before retiring as an MP and selling it to his daughter for less than half its value.

By Jon Swaine
Published: 10:30AM BST 03 Jun 2009

The peer, a work and pensions spokesman, used public funds to buy carpets, curtains and bathroom furniture for his Westminster flat from stores including John Lewis and Fired Earth.

He made the purchases after announcing in April 2004 that he would retire as MP for Roxburgh and Berwickshire at the general election in May 2005. During his final year in the Commons, he claimed a total of £18,806 in allowances for the flat, which he bought for £182,500 in 2001.

These included about £670 a month to pay the interest on its mortgage. He then sold it in May 2007 to his daughter Holly, 31, a journalist for Country Life magazine, for £100,000. On Tuesday he said the flat had been valued at £225,000.

Three weeks before the sale, a flat in the same building sold for £358,000.

When he made the claims, Lord Kirkwood, then Sir Archy Kirkwood, sat on the House of Commons commission which was overseeing the first publication of basic details of MPs' expenses. As the details were published in October 2004, he said that he welcomed the fact that "taxpayers can really see how their money is being spent".

However, he dismissed suggestions that voters would be shocked by the amount of money involved. "I'm not saying it's an insignificant sum, but it's pretty small beer," he said.

Between November and December 2004, Lord Kirkwood claimed more than £3,000 for carpets and flooring for his kitchen and bathroom from John Lewis. He also claimed £94 for a lavatory paper holder and tiles from Fired Earth.

In April 2004, the month he announced his intention to step down as an MP, he claimed £200 for repairs to the flat's electrics. In June 2004, he claimed £50 for fans. In July he claimed £660 for unspecified work by a contractor.

Over the following months, he returned to John Lewis to buy a £207 bathroom cupboard and mirror, curtains for £90 and lighting worth £72.

In February 2005, he claimed £145 for a clothes rail and storage devices, £78 for kitchen stools and £56 for roller blinds. He also claimed £115 for computer equipment through his office expenses two months before he retired.

Lord Kirkwood, 63, had designated as his main home a house in Selkirk where he still lives with his wife Rosemary.

He claimed more than £63,000 in House of Lords allowances last year, including £20,019 on overnight subsistence: the Lords' equivalent of second home allowances.

He claimed £11,419 in "day subsistence" allowances, £11,419 in office running costs and £9,741 in travel costs.

Lord Kirkwood, who was knighted for services to Parliament in 2003, was one of five Lib Dem MPs put forward for peerages by Charles Kennedy, the then party leader, after the 2005 election. He announced his retirement after it was decided that his seat should merge with that of Tweeddale, Ettrick and Lauderdale, which was held by Michael Moore, a fellow Lib Dem.

Lord Kirkwood said yesterday: "When I sold the flat to my daughter a professional valuation was secured on the property. It was valued at £225,000. This was declared for capital gains.

"The fuse box and wiring system was unsafe and needed to be replaced. There were some costs of relaying flooring in parts of the property."