Friday 6 September 2013

Regeneration, development and FoI requests...

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Southwark Council, in the spirit of openness and cooperation is refusing to comply with a Freedom of Information request about the deal done with Lend Lease to 'rescue' the Elephant & Castle regeneration scheme:

Fiona Colley, Southwark’s cabinet member for regeneration, went on record to say: “There is nothing I would like more than to publish this document and show the world what a fantastic deal we negotiated for the people of Elephant and Castle. However, we entered into those negotiations with Lend Lease on a confidential basis, and I am not willing to break that agreement because a handful of people wrongly think the document contains something sinister. Moreover, the ICO’s decision has huge implications for councils wanting to enter into commercial partnerships with developers across the country.

“We could find ourselves sleepwalking into a situation where developers refuse to work with councils for fear their commercially sensitive information will be forced into the public domain. That wouldn’t be in anyone’s interests, and that is why we’re appealing the ICO’s decision.” 

This is a pretty big deal - I've no issues with the Council seeking to protect commercial arrangements and it will be very interesting to see how the Courts view Southwark's argument. It seems to me (and Jackie Sadek from UK Regeneration seems to agree) that the content of contracts between private companies and public bodies should be in the public domain. I can see the need for confidentiality during a negotiation especially where there is competition for the business. But once the deal is done the contract should be published.

The alternative is that people - in this case the opposition on Southwark Council - will see bogie men, corruption and scandal where there probably isn't any. And simply saying 'the Council refuses to publish they must be hiding something' makes the point eloquently. If that Council replies with 'no we're not hiding anything' then the response is 'publish'.

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Fiona Colley, Southwark’s cabinet member for regeneration, went on record to say: “There is nothing I would like more than to publish this document and show the world what a fantastic deal we negotiated for the people of Elephant and Castle. However, we entered into those negotiations with Lend Lease on a confidential basis, and I am not willing to break that agreement because a handful of people wrongly think the document contains something sinister. Moreover, the ICO’s decision has huge implications for councils wanting to enter into commercial partnerships with developers across the country.
“We could find ourselves sleepwalking into a situation where developers refuse to work with councils for fear their commercially sensitive information will be forced into the public domain. That wouldn’t be in anyone’s interests, and that is why we’re appealing the ICO’s decision.”
- See more at: http://www.estatesgazette.com/blogs/jackie-sadek/2013/09/southwarks-silence-raises-interesting-issues/#sthash.Y0ZwXeog.dpuf

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