02/09/2009

Forum of Private Business launches FOIA payment campaign

PLC Public Sector reports:

Wherever you look there are people giving advice to local authorities about how to help their local communities and the businesses within them cope with the ongoing recession. While many suggestions may seem worthy, they are often superficial and unlikely to get real help to where it is needed. In fact,  the simplest idea is often the most effective. Making sure that bills are paid on time is a simple concept that introduces money into the local economy and will ease cash flow pressures on local businesses. 

This week, the Forum of Private Business noted that central government figures indicate that it is – in most cases – living up to its commitment to pay invoices within 10 working days.  However, the Forum cast doubt on whether local authorities and PCTs were meeting the same standards.  As a result, it has undertaken a fact-finding mission submitting a FOIA request to every local authority and PCT in Great Britain.

Continue reading →

26/08/2009

FOIA: publish and be damned (or lose your professional privilege)

PLC Public Sector reports:

The concept of legal professional privilege and the dangers of the partial disclosure of information waiving it are well known in the context of civil litigation. 

However, a recent decision of the Scottish Information Commissioner (SIC) highlights another reason why public authorities need to consider the risks of using excerpts from what would be privileged advice in press releases to support action they are taking. If they do, the exemption from disclosure for the whole of the advice under FOIA may be lost.

Continue reading →

19/08/2009

Procurement pay-offs – the unavoidable outcome of the Government’s refusal to meet tender costs?

PLC Public Sector reports:

There has been a great deal of doom-laden discussion about the new remedies directive which is due to come into force at the end of 2009.  This is understandable as the directive may have a significant impact on public procurement in the UK by removing the sanctity of contract.  However, practitioners should be aware that public procurement case law in the UK has been developing rapidly over the last few years without the need for any actual assistance from Europe. Two recent stories in particular caution against assuming that the courts are waiting for the directive to come into force before getting tough in respect of flawed procurement processes or that remedies are something to worry about in 2010.

Continue reading →