PLC Public Sector reports:
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FOIA: information lawyers should note:
- That the Constitutional Reform and Governance Act 2010 (Commencement No 4 and Saving Provision) Order 2011 has been published bringing into force various provisions of the Constitutional Reform and Governance Act 2010 that amend the Freedom of Information Act 2000 (FOIA) in relation to communications with the Sovereign, Royal Family and Royal Household.
- The FTTIR has ruled that details of employee grievances against the FCO should be disclosed even though they constitute personal information.
- The ICO has ordered:
- the Department of Health to disclose information about the costs of purchasing a flu vaccine. However, only high-level information about the costs involved was required to be disclosed, a breakdown of the individual manufacturer’s costs was exempt under FOIA;
- Hampshire County Council to disclose details of schools it has identified as “coasting”; and
- Neath Port Talbot County Borough Council to disclose a list of all of council house addresses in its area.
Public procurement: public procurement lawyers should note:
- The High Court decision on what documentation may need to be disclosed in relation to a claim that an authority had not disclosed all relevant evaluation sub-criteria to bidders.
- The government’s guidance to central government on the requirement to publish contract documents and other information about contract awards.
- The draft guidance issued by HM Treasury on how savings can be made in operational PFI projects. While the guidance is only draft, HM Treasury is keen for central and local government authorities to make use of it straight away.
Data protection: the ICO has warned councillors that they may need to register as data controllers with it under the Data Protection Act 1998. Local authorities should ensure that their members are aware of the applicable requirements.
Reporting a death in case of deprivation of liberty: managing authorities under the Mental Capacity Act 2005 (MCA) should be aware that the Department of Health has published guidance on how to report the death of a person subject to an authorisation under the MCA deprivation of liberty safeguards.
Planning: planning lawyers will be interested to note that the Supreme Court has clarified the meaning of disturbance of a protected species under Habitats Directive.
CRC: those advising on the implications of the CRC Energy Efficiency Scheme should note that statutory guidance on the use of civil penalties in relation to the scheme has been published.
Landfill emissions: environment lawyers should note that the Environment Agency has published two briefing notes setting out guidance on monitoring emissions from landfill sites.
Equality Act: anyone advising on the implications of the Equality Act 2010 for public sector organisations should note that:
- The government now has the power to issue regulations on the public sector equality duties (draft regulations have already been published) and that section 159 of the Act, which deals with positive action in recruitment and promotion, will come into force on 6 April 2011.
- The Law Society of England and Wales has issued a practice note to assist solicitors who are involved in drafting or advising on compromise agreements covering discrimination under the Equality Act 2010.