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News and Comment May 2024

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25 May - Zero transparency leads to wanton waste

It all began twelve years ago when Bexley Council, rather more bent than it is now, was in panic mode about what might be uncovered by Social Media users and bloggers. A newish phenomenon at the time. A joker from Crayford was the most vociferous and occasionally foul mouthed critic and touted the idea of a bus trip around the borough to see what sort of houses Councillors lived in. There was no way he was going to do it and even less chance of anyone coughing up the price of a ticket but the Councillors of the day, fresh from reporting every identifiable critic to the police, went into headless chicken mode.

The bus trip idea provoked several Councillor lemmings into invoking the then new Section 32 of the Localism Act 2011 and followed Councillor Craske into obscurity. Never being keen on justice Bexley Council decided that hiding their addresses should be counterbalanced by publishing those of their critics.

A London wide check of Section 32 exemptions found 15 in the whole of London, eleven of them among Bexley Conservatives and most of those new applicants scared of buses.

To be exempted from registering an address in the Register of Interests a Councillor has to persuade the Monitoring Officer that there is a danger of violence or intimidation.

Currently 13 Bexley Councillors hide their addresses from public view. Zainab Asunramu, Larry Ferguson, Sally Hinkley, Mabel Ogundayo and Nicola Taylor; all Labour, and Conservatives Teresa O’Neill, Frazer Brooks, Bola Carew, Kurtis Christoforides, Andrew Curtois, Andy Dourmoush, Cameron Smith and Janice Ward-Wilson.
Section 32 exemption

You can see who has claimed the exemption and we know it can only be because of the threat of violence or intimidation.

The observant may notice that the man who had the most reason to be fearful in 2012 no longer considers himself to be at risk. Councillors Cheryl Bacon, and Chris Taylor have similarly jumped ship.

What we don’t know is what sort of reasons for issuing an exemption certificate are accepted by the Monitoring Officer. Dimitri thought we ought to know and in April 2023 submitted an FOI. Not for the specifics relating to individual Councillors but just a general idea of what is enough to convince the Monitoring Officer. Bexley Council wouldn’t play ball and neither would the Information Commissioner. Secrecy and rule bending is the name of their game. Dimitri is not a man to give up easily so he took the case to law.

The verdict was delivered last week; a little progress but not much.

The ICO, always ready to move the goalposts, had claimed that the information provided to the Monitoring Officer was personal and therefore exempt under Section 40 (not 32). He went off on a ridiculous tangent about them declaring interests before Council meetings, as though that was relevant to a home address. That was essentially Dimitri’s grounds for Appeal and the fact he hadn’t asked for personal information.

The judgment confirmed Bexley Council’s incompetence by revealing that Councillors were able to merely phone the Monitoring Officer requesting a Section 32 exemption. Nothing was written down and Bexley Council genuinely has no idea why the exemption was granted. (And we pay our useless Monitoring Officer £104,522 a year!) A mild reprimand was given because the correct FOI response should have been ‘Not Held’ rather than the refusal to cooperate.

Only five Councillors had made their applications in writing and the inference to be drawn is that their reasons relate to things going on in their personal lives. One case was more extreme than the others - the Judgment refers to it as a Special Category. This is likely to be the special circumstances of the Baroness. Going into detail may well allow identification of individuals and for that reason Dimitri’s request for more information was not accepted.

Another big waste of money then? Yes, but clearly Bexley Council’s fault. All that was requested was anonymised reasons for the granting of Section 32 exemptions to which the answer should have been “Five Councillors are at risk from their personal lives and relationships while in the remaining cases we regret that we failed in our responsibility to take adequate notes”.

The ICO would not have had to make up excuses and the Tribunal Appeal Panel would not have been required.

All that has been gained is confirmation that Bexley Council has never been blessed with competent Monitoring Officers and the ICO is inclined to make up the rules as it goes along.

 

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