Breach of confidence
LARNE Council this week announced an "urgent, open, transparent" probe into alleged breaches of confidence and data protection laws.
Members, at a policy and resources meeting, were told by chief executive Geraldine McGahey of a Freedom of Information request received last Thursday, which contained "very specific content". She said that legal advice had been sought and the incident is one of several recently which have "clearly impacted on the public image of the organisation".
Last Thursday, the Larne Times lodged an FoI request for a copy of a management consultant's report into a council staff matter but it is not clear if this is the request under debate.
Mrs McGahey told members that the Public Records Act, the Disposal of Records Order, environmental regulations, Data Protection Act and Freedom of Information Act bestow certain responsibilities on councillors and officers. "I have no alternative but to recommend an urgent and open review of information management should be undertaken in confidence by an appropriately qualified person, or persons," she said.
The purpose of a review is to identify where the council's information management practices are lacking, implement improvements where alleged breaches have occurred and provide additional training to staff if necessary, she said.
"You should be aware if the investigation identifies that there has been a deliberate act to disclose information in breach of any legislation, we will have no alternative but to refer the matter to the appropriate authorities. The advice says there is a breach, since May 2006 and longer. We have no alternative but to proceed," she told members.
Members voted overwhelmingly in favour of initiating a probe. Councillor Bobby McKee proposed accepting the recommendation, which was seconded by Councillor Michael Lynch. Councillor John Mathews abstained. It is understood that an investigation will begin as soon as possible.
Larne Times editor Hugh Vance has expressed surprise at the council's action. "If, and I stress if, this is a reaction to our FoI request then I am astounded. The report which we have requested is, as far as I am aware, a document compiled and published at public expense. On that basis alone the bill payer - the ratepayer - is entitled to see this information.
"It has, I believe, great relevance to the recent Staff Commission investigation into the council yet, as far as I am aware, councillors did not even know of its existence until the Larne Times began to make inquiries. I find it extremely depressing that elected representatives have, not for the first time, allowed themselves to be herded like sheep and bamboozled by pseudo legal references in what has become a very clear pattern. They were elected to protect the interests of the ratepayers, not withhold information from them.
"Do they also think they are going to suppress the Commissioner for Complaints' report into the handling of the contract for the Glenarm re-development? Even in the very short time they were granted to view the draft report, councillors must have realised that there are much stormier times ahead and that the public will definitely be entitled to know what has been found. After all, the Commissioner investigates allegations of maladministration - very serious matters indeed which look to have great ramifications for the future.
Councillor Martin Wilson made some very perceptive comments following the Staff Commission report including reference to 'experienced councillors'. 'What is now clear is that the authority is now back with the elected representatives,' he stated. Ratepayers will make their own judgement on that.
"This is an opportunity for councillors to really clean up their house but it looks like it is heads in the sand once again. They have accepted the information given to them without a single independent check.
"However, I can save the ratepayers further expense by giving a categorical and public assurance that I did not learn of the Joynes Report from a councillor, council officer or member of staff," Mr Vance said.
Source: Larnetoday (22/02/2007)
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