Doreen
So far as I have been able to find out, there is a requirement for an
Authority to publish a register of councillors' allowances and expenses.
This register can be inspected at any time by an elector for the Authority
concerned. Your councillor under investigation must also be an elector as
part of his qualification to be a councillor. The publication requirement
is to show the actual amounts paid and does not extend to the detail of
claims made. Tony's point about members' responsibilities for monitoring
the use of public funds should only apply on a need to know basis, ie if a
councillor is a member of a committee charged with monitoring councillors'
expenses, ok, otherwise there is no entitlement to see the details of
claims.
This is true under English law (the Local Government Act 1972, I think) -
I've no idea whether Scottish law is any different in this case.
Hope this helps.
Stuart
-----Original Message-----
From: Broom, Doreen [mailto:[log in to unmask]]
Sent: 28/09/2001 13:32
To: [log in to unmask]
Subject: Right to Information
Hi All
A Councillor is being investigated as to his expenses claims. He has aksed
for Access to all other Councillors' expenses. This information is held in
paper format. My view is that we can withhold the information until 24
October 2001 as it is in paper format - also I believe that the reason why
he is demanding this information is due to his own circumstances and not for
any legitimate Council duty and therefore we should refuse. The information
is generally made available at the beginning of each financial year i.e. how
much is allocated to each councillor for expenses. Obviously, I want to get
this right and have checked with the OIC who have voiced the same opinion as
myself. My worry is that there may be some overriding legislation which
allows him to have access to that information and is therefore not solely a
DP issue eg Access to Information Act.
Anyone any views.
Doreen Broom
Data Administrator
Scottish Borders Council
Council HQ
Newtown St.Boswells
Melrose
Borders TD6 0SA
Tel: 01835 826516
e-mail: [log in to unmask]
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