In a message dated 09/12/2001 13:08:46 GMT Standard Time,
[log in to unmask] writes:
<< The nature, circumstances, persons involved and issues being addressed must
inherently affect any decision on disclosure. The standing of persons, and
legal/professional rules surrounding certain roles (i.e. religious) would
appear to provide additional assurance for meeting the first principle
requirements.
In my opinion each case should be determined on its merits. Although there
are generic rules which can be followed they will not be correct in every
circumstance. What do others think? >>
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I agree to a certain extent but in the public sector, particularly in the
field of representation, there are other factors to consider.
Most elected reps can be viewed as honest and trustworthy individuals, but
they are still human, and in the example Ian W gave about the barrister
representing their father this would cause problems in a public sector body
where such representation could foster claims of nepotism or a conflict of
interests.
In my opinion, to avoid such problems and to ensure probity, public bodies
should take reasonable measures to ensure the person has asked someone to act
on their behalf. A simple phone call should suffice where a written request
is not available.
As Ian W says, there must always be exceptions such as where urgent action is
needed - but this does not mean it cannot be followed up afterwards.
Ian Buckland
MD
Keep IT Legal Ltd
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