Labour Leader
Now this is in stark contrast to the Labour leader's interest in FOI matters much closer to home which I wrote to Johann Lamont about back in 2012 - regarding the non-disclosure of pay information by Labour-run South Lanarkshire Council.
And this issue went all the way to the UK Supreme Court which ruled in my favour of course, yet throughout this period Johann Lamont had nothing to say on the subject - and nor did her predecessor, Iain Gray.
Despite the fact that the FOI request in South Lanarkshire concerned people's jobs and livelihoods - not some petty point about the First Minister's expenses while he was on official business abroad on behalf of the Scottish Government.
If the Labour leader believes that Alex Salmond is guilty of some wrongdoing, then why doesn't Johann Lamont put her money where her mouth is and complain to the relevant authorities?
I suspect the answer to that question is all too obvious, but it's to the great shame of the Labour leader (a self-declared feminist) that she has shown much more interest in Alex Salmond's expenses than she ever has done on the subject of equal pay in Scotland's councils.
Labour's Double Standards (25 April 2012)
I sent a letter by e-mail to the Scottish Labour Leader last Thursday - following Johann Lamont's pointed comments at First Minister's Questions.
Having heard nothing for the past week - not even an acknowledgement - I think it's fair to share what I had to say with readers of the blog site in South Lanarkshire - and elsewhere.
To my mind Scottish Labour's double standards are shameful and spectacular in equal measure - because while they have plenty to say about other people when it comes to Freedom of Information - party leaders turn a blind turn a blind eye when it suits their purpose.
No wonder people get cynical about politics and politicians, but Scotland's voters get a chance to have their say - at next week's local council elections on 3rd May.
Johann Lamont, MSP
Scottish Labour Leader
Dear Johann
Labour in South Lanarkshire
Please find attached a copy of a letter I sent to the Labour leader of South Lanarkshire Council, Cllr Eddie McAvoy, on 10 May 2011.
As things turned out, the Labour leadership of the council failed to listen to my advice but, as I predicted, the decision to appeal the adjudicated decision of the Scottish Information Commissioner has come back to haunt Councillor McAvoy and his colleagues.
Because in a landmark ruling recently, three judges at the Court of Session dismissed South Lanarkshire Council's appeal and in their detailed written decision Lords Marnoch, Mackay and Brailsford said:
"We say that because, having regard to the Commissioner's findings looked at as a whole, we are satisfied that even applying the stricter test the Commissioner could only have concluded that necessity (of publishing the information) was made out. In particular, he held that the Requester's own interest coincided with a widespread public interest in the matter of gender equality and that it was important to achieve transparency on the subject of Equal Pay. No better means existed to achieve that goal than by releasing the information in question."
In my view South Lanarkshire Council's behaviour is a cynical abuse of the FOI process and a terrible waste of taxpayers' money into the bargain.
I recall that your predecessor as Scottish Labour leader - Iain Gray - was quick to criticise the Scottish Government for failing to immediately comply with a previous adjudication of the Scottish Information Commissioner.
And at First Minister's Questions (FMQs) today in the Scottish Parliament, you referred to this previous FOI case and also accused the Scottish Government of suppressing information ahead of the local council elections on 3 May 2012.
Yet here we have a much better example and one that is far closer to home: a major Labour-run council in South Lanarkshire has been suppressing public information for years, then makes a fool of itself by pursuing the issue to destruction at the Court of Session in Edinburgh, and all at huge public expense.
Up till now Scottish Labour leadership has said nothing about this scandal, despite all the brave words spoken at FMQs, and to many people, myself included, this looks decidedly odd, if not downright hypocritical.
The irony is, of course, that similar pay information is freely available in other Scottish councils without the need even to resort to a formal FOI request.
I believe the voters in South Lanarkshire are entitled to know where the Scottish Labour party stands on these issue before the local elections on 3 May 2012 because - to my mind - the political leadership of South Lanarkshire Council is bringing the Scottish Labour party into disrepute.
I look forward to hearing from you soon.
Kind regards
Mark Irvine
Councillor MaAvoy
Labour Leader - South Lanarkshire Council
Dear Councillor McAvoy
Freedom of Information
I refer to our exchange of e-mails yesterday - 9 May 2011.
I heard subsequently from a council official, as you will know, and have since been advised that South Lanarkshire Council intends to appeal the decision of the Scottish Information Commissioner.
I have to say I find this an astonishing decision - one which will comeback to haunt the council in future, I hope - not least because it is another cynical delaying tactic as well as a complete abuse of taxpayers money, in my opinion.
No other council in Scotland behaves in this furtive fashion over the pay levels of its male dominated council jobs - such as refuse workers and gardeners.
South Lanarkshire Council's behaviour is epitomised by secrecy and obfuscation - in my experience - yet the council proclaims to support openness, transparency and freedom of information.
To my mind South Lanarkshire Council is putting itself in exactly the same position as the House of Commons when - a few years ago - it tried to prevent the public from learning the truth about Westminster MPs and their expenses - unsuccessfully as it turned out in the end.
I will have more to say on the subject in the weeks ahead and no doubt many other people will as well - including the 2,000 plus South Lanarkshire Council employees who are still fighting for equal pay.
Kind regards
Mark Irvine
Labour Hypocrisy (1 April 2012)
Scottish Labour stands accused of hypocrisy in a long running dispute over equal pay in South Lanarkshire Council.
The Labour-run council - which has been propped up by Tory support since 2007 - has lost a major legal ruling in the Court of Session after refusing to accept an independent adjudication by the Scottish Information Commissioner.
The information originally requested relates to the pay and treatment of traditional male jobs in South Lanarkshire Council - compared to female jobs.
Similar information is freely available in every other council in Scotland, but not in Labour-run South Lanarkshire.
In a detailed written judgment Lords Marnoch, Mackay and Brailsford said:
"We say that because, having regard to the Commissioner's findings looked at as a whole, we are satisfied that even applying the stricter test the Commissioner could only have concluded that necessity (of publishing the information) was made out. In particular, he held that the Requester's own interest coincided with a widespread public interest in the matter of gender equality and that it was important to achieve transparency on the subject of Equal Pay. No better means existed to achieve that goal than be releasing the information in question."
Now what's interesting about this case is that the Labour party has had lots to say about the need for Freedom of Information - but only when the obligation to comply or publish rests on someone else.
For example, the Scottish Government in Edinburgh - or the Coalition Government in Westminster.
In fact Labour seems really keen on transparency and openness everywhere in government - except in local government - which of course is one of the few remaining areas where Labour still has influence.
The former Scottish Labour leader - Iain Gray - made a huge fuss during the 2011 election campaign over the SNP Government's failure to comply immediately with a disclosure order from the Scottish Information Commissioner.
I wrote to Iain Gray and the time and here is what I said:
Iain Gray MSP
Leader of the Scottish Labour Party
Dear Mr Gray
Freedom of Information
I followed the recent Scottish election campaign with great interest and noted your positive comments and strong support on the subject of Freedom of Information.
I wonder if you would like to intervene in a situation much closer to home - one that involves Labour-led South Lanarkshire Council.
For years the council has been refusing to publish proper details about the pay levels enjoyed by traditional male council jobs - information which every other council in Scotland released a long time ago, without any fuss or bother.
The Scottish Information Commissioner issued a decision in April 2011 which required South Lanarkshire Council to release this information at long last, but since then the council has lodged an appeal with the Court of Session - using taxpayers’ money of course.
The circumstances are similar to the one during the Scottish election campaign where - as Labour's Scottish leader - you called on the government to stop wasting time and comply with the Scottish Information Commissioner's decision.
I wonder of you would now do the same in relation to South Lanarkshire Council - as I'm sure your views will be listened to very carefully by the council's Labour leadership.
I look forward to your reply.
Kind regards
Mark Irvine
I never received a proper answer to my enquiry about to the behaviour South Lanarkshire Council - the Labour leader just fobbed me off and refused to answer my questions.
To my mind the whole affair is a complete abuse of the FOI process and is similar - in many ways - to the way the last Westminster government behaved over MPs' expenses.
The Labour Government of the day - led by Gordon Brown and Harriet Harman - tried everything possible to keep the details of MPs expenses secret and under wraps.
And that's exactly what they're trying to do now in South Lanarkshire Council and they're using taxpayers' money by the barrowload in this desperate, last-ditch effort to cover their tracks.
Now I find it truly amazing that the Labour party has such a selective approach to the importance of Freedom of Information generally - and the behaviour of South Lanarkshire Council in particular.
So I think I'll write be writing to the new leader of the Scottish Labour party - Johann Lamont.
To my mind the voters in South Lanarkshire are entitled to know where Scottish Labour stands on this issue – in the run up to the local council elections on May 3rd 2012.
The Labour-run council - which has been propped up by Tory support since 2007 - has lost a major legal ruling in the Court of Session after refusing to accept an independent adjudication by the Scottish Information Commissioner.
The information originally requested relates to the pay and treatment of traditional male jobs in South Lanarkshire Council - compared to female jobs.
Similar information is freely available in every other council in Scotland, but not in Labour-run South Lanarkshire.
In a detailed written judgment Lords Marnoch, Mackay and Brailsford said:
"We say that because, having regard to the Commissioner's findings looked at as a whole, we are satisfied that even applying the stricter test the Commissioner could only have concluded that necessity (of publishing the information) was made out. In particular, he held that the Requester's own interest coincided with a widespread public interest in the matter of gender equality and that it was important to achieve transparency on the subject of Equal Pay. No better means existed to achieve that goal than be releasing the information in question."
Now what's interesting about this case is that the Labour party has had lots to say about the need for Freedom of Information - but only when the obligation to comply or publish rests on someone else.
For example, the Scottish Government in Edinburgh - or the Coalition Government in Westminster.
In fact Labour seems really keen on transparency and openness everywhere in government - except in local government - which of course is one of the few remaining areas where Labour still has influence.
The former Scottish Labour leader - Iain Gray - made a huge fuss during the 2011 election campaign over the SNP Government's failure to comply immediately with a disclosure order from the Scottish Information Commissioner.
I wrote to Iain Gray and the time and here is what I said:
Iain Gray MSP
Leader of the Scottish Labour Party
Dear Mr Gray
Freedom of Information
I followed the recent Scottish election campaign with great interest and noted your positive comments and strong support on the subject of Freedom of Information.
I wonder if you would like to intervene in a situation much closer to home - one that involves Labour-led South Lanarkshire Council.
For years the council has been refusing to publish proper details about the pay levels enjoyed by traditional male council jobs - information which every other council in Scotland released a long time ago, without any fuss or bother.
The Scottish Information Commissioner issued a decision in April 2011 which required South Lanarkshire Council to release this information at long last, but since then the council has lodged an appeal with the Court of Session - using taxpayers’ money of course.
The circumstances are similar to the one during the Scottish election campaign where - as Labour's Scottish leader - you called on the government to stop wasting time and comply with the Scottish Information Commissioner's decision.
I wonder of you would now do the same in relation to South Lanarkshire Council - as I'm sure your views will be listened to very carefully by the council's Labour leadership.
I look forward to your reply.
Kind regards
Mark Irvine
I never received a proper answer to my enquiry about to the behaviour South Lanarkshire Council - the Labour leader just fobbed me off and refused to answer my questions.
To my mind the whole affair is a complete abuse of the FOI process and is similar - in many ways - to the way the last Westminster government behaved over MPs' expenses.
The Labour Government of the day - led by Gordon Brown and Harriet Harman - tried everything possible to keep the details of MPs expenses secret and under wraps.
And that's exactly what they're trying to do now in South Lanarkshire Council and they're using taxpayers' money by the barrowload in this desperate, last-ditch effort to cover their tracks.
Now I find it truly amazing that the Labour party has such a selective approach to the importance of Freedom of Information generally - and the behaviour of South Lanarkshire Council in particular.
So I think I'll write be writing to the new leader of the Scottish Labour party - Johann Lamont.
To my mind the voters in South Lanarkshire are entitled to know where Scottish Labour stands on this issue – in the run up to the local council elections on May 3rd 2012.
