Present:
| Councillors: |
I Graham
C Nineham
S J Simpson |
| Lead Officer in Attendance: |
Mr S Young (Legal Services Manager) |
| Democratic Services Officer |
Mrs Jo Brabbins |
FOI/4/05 Election of Chairman
Motion by Councillor S Simpson
Seconded by Councillor I Graham
And RESOLVED that Councillor C
Nineham be elected Chairman for this meeting.
FOI/5/05 Exclusion of Press and Public
RESOLVED that the Press and
Public should be allowed to remain in the meeting and that all the
information within the reports should be made available to
them.
FOI/6/05 Review Hearing Freedom of information Reference
00052
The Panel considered the appeal made by Mr J
Whittle against the decision to refuse his request for information,
made under the Freedom of Information Act 2000, relating to the
salary of the Chief Executive. Mr Whittle had made the following
formal request:
'I am making a formal request under the Freedom
of Information Act for information about Eden Council's Chief
Executive's salary.
We require to know:
- The rate paid in 2000-1;
- The rate paid now.'
Mr P Foote, Director of Corporate and
Legal Services addressed the Panel and read out the following
statement from the Chief Executive:
Whilst the Chief Executive considers that his
pay and remuneration through the Council is a private matter he
recognises that Members may wish on grounds of accountability to
respond to the request for information on the remuneration paid to
him. As such he recognises that such a decision is one for Members
to make on grounds of their accountability. Whilst personally he
will not provide the information requested he consents to Members
making that information available in terms of their public
accountability if they so wish.
Mr Foote explained that since the main
ground for refusal of the original application for information was
that the Chief Executive had not consented to the disclosure of the
information; he could see no reason now to maintain the refusal of
the request.
Following withdrawal from the meeting of
the press, public, Mr Whittle and the Director of Corporate and
Legal Services, the Panel considered the matter and received legal
advice.
RESOLVED that
- the Appeal be upheld and the information
requested by Mr Whittle be supplied to him, and
- the Establishment Committee be recommended to
consider a policy to deal with possible future requests for
information considered personal to officers.
The press, public, Mr Whittle and the
Director of Corporate and Legal Services rejoined the meeting and
were informed of the Panel's decision
Reasons for Decision
- The requested information was personal data
within the meaning of the Data Protection Act
1998. However, it was not considered to be
exempt information within the meaning of section 40(2) of the 2000
Act because disclosure was considered to be both fair and lawful
and one of the conditions set out in Schedule 2 to the 1998 Act was
met because the officer affected by the provision of the
information had given consent to its disclosure.
The meeting closed at
10.12am
