Jan 032013
 

By Angus Macmillan.

  TREE OVER SUN  Feat  © Egidijus Mika | Dreamstime.com Conservationists and nurseries have been quick to claim that the spores of chalara fraxinea, which is the fungus causing Ash Dieback, could have blown over from mainland Europe but are very quiet about their role in planting diseased trees from the same source.

They have known for around six years that Ash Dieback was widespread in Europe but are now blaming government for not introducing a ban earlier in the hope they will be compensated or get grants for replanting from the hard pressed public purse.

Considering the vague media references to where the diseased plantings took place and what organisations owned the woodlands, I decided to make a Freedom of Information request to the Forestry Commission to reveal this information in detail.

They replied saying, they were not prepared to release this information at this time and that, whilst it might be of interest to the public, it was not in the public interest to divulge locations and owner organisations as it could deter other owners from reporting the disease. The Forestry Commission obviously has a poor opinion of those who plant trees and possibly quite rightly so.

Following a newspaper report that the Woodland Trust “is one of Britain’s biggest importers of ash” – and they call them “native” trees – had at least two infected properties, I emailed them to ask how many of their woodlands had Ash Dieback. Unsurprisingly, they didn’t reply.

So there we have it. Up to 80 million ash trees are at risk from disease but the Forestry Commission is quite prepared to protect its tree-planting buddies from criticism, in what must be one of the most scandalous environmental introductions from abroad by those who have been advocating the destruction of “alien” populations of both flora and fauna for years.

And it’s not in the public interest to reveal who they are?

The “con” in conservation is truly exposed.

Further reading –  The_Rise_and_Fall_of_Biotic_Nativeness_- A_Historical_Perspective

Oct 182012
 

Voice’s Old Susannah looks back on the week that was, complete with Zeppelins, BrewDogs, and a bad smell coming not from the Torry sewage plant, but a whiff of scandal from Edinburgh. By  Suzanne Kelly

dictionary

Tally  Ho!  By the time you read this, I’ll have been to the Led Zeppelin film ‘Celebration Day’ at the Belmont.  Am counting the minutes.  Another major highlight of this week was  BrewDog Aberdeen’s second birthday party.  I celebrated with great people, great beers, food and a lovely cake.  Happy Birthday to Brew.

I also took in a bread-making course at Nick Nairn Cookery school; it was a great course, not least because of the lovely breads I got to take home (including the tutor’s lovely white loaf).

On the down side of this week, a dog has disappeared from its garden on Holburn Street.  Grampian police downplayed earlier Facebook posts warning of potential dog thieves in our area. 

The police issued a Facebook post about a week ago, saying dog-napping worries were just rumour-mongering, and several FB posters chimed in to ridicule the people worried about potential thefts.

The cops categorically claimed no such thing was going on. Fast-forward to 16 October, and a dog has mysteriously disappeared from its back garden in Holburn Street.

Unless the small dog, not tall enough on its hind legs to reach the lock, undid the lock, went away, and decided never to return again for food or shelter, it looks like theft is a possibility.  However, the police refuse to treat this as a theft.  There is no evidence you see.

Perhaps they had expected a smoking gun, guys in striped shirts wearing masks holding bags of swag?  I wonder whether they even checked the gate for fingerprints – they certainly could have done so.  The moral is – keep an eye on your pets as much as possible, and report anything like thefts or suspicions straight away to the Scottish SPCA – and/or email stop.dogfights@yahoo.co.uk.  PS – dogs, cats, handbags, Led Zeppelin CDs , etc. are not safe left alone in cars for any length of time, either.

Common Good Aberdeen reached its financial target of £15K for a children’s play area in Union Terrace Gardens with ease, expect a play area in UTG sometime soon, hopefully with a volunteer-run, cafe, too (with all profits going directly on UTG).  No one could object to putting a play area in a city centre park, could they?

But perhaps best of all this week was sharing joyful commuting stories with fellow bus travellers.  To a man we’re all thrilled to bits at the reduction in routes.  We are of course waiting for the corresponding reduction in bus fares, which must be just ‘round the corner‘.  How wonderful that the No. 21 bus is no more, just as those wonderful Milne homes are going up in Cove.

  I’m wondering  exactly what kind of ‘independence’ Alex is actually offering

It must have been my imagination (and the imaginations of a few dozen other people), but it seemed as if quite a number of scheduled buses (no. 3s, 1s, etc) didn’t actually materialise when they should have.  I got to learn a few more new words from fellow travellers while waiting for a No. 1 bus on Monday evening.

In the wider Scottish environment, this was the week that Cameron and Salmond signed up to a yes/no referendum (wish we’d done so over the gardens –  but never mind).  Alex smiled from the covers of most newspapers this past week, and he told the press:-

 ”I didn’t want to look too triumphant.” 

Don’t worry about that, Alex, you didn’t.

In fact, Alex is starting to look like a man with Ninety-Nine Problems.

Old Susannah is looking at some of these minor worries.  All things considered, I’m wondering  exactly what kind of ‘independence’ Alex is actually offering.  For openers, once you consider some of Alex’s  pals, you come to one inescapable question:  How independent exactly is Alex himself?

Is he offering Scots independence or perhaps a form of government that is just a little bit older?

Feudalism: (Eng. noun) – A system of governance/land steward ship prevalent in the middle ages in Europe where a small minority of wealthy property holders wielded power over those with less money, and a great gap existed between the haves and have-nots.

Believe it or not, it was not only the English who were oppressing the Scottish people throughout history, many Scottish nobles did so, too.  Clan warfare, theft, battles, treachery, wife-stealing, drunkenness, cruelty – these are not just part of the daily grind at Holyrood.  Indeed, there were many forms of Scot on Scot violence in the bad old days, too.

In the feudal societies of the past, a rich man owned everything in his territory and all those below him fell in line in accordance with his wishes.  If this ‘lord’ (or sometimes the noble was given the title ‘Sir’, as in ‘Sir Ian Wood’) wanted a castle, a bit of land, or say a granite web, his lackeys ensured he got what he wanted by hook or crook, or compulsory purchase order or by an arm’s length management company or Aberdeen City Gardens Trust.

Thankfully, the days of the rich man dictating the future of the land to the common man are gone.

Alex Salmond will ensure that no rich men can possibly dictate policy, seize land (or public parks), bend Quangos to their will, shield their gold from the taxman via offshore schemes, etc.  No, Alex won’t in any way favour the rich or help them gain unfair advantage.

If he did do so, say for a Murdoch (to whom he seems to have offered his services at one point), a Wood (whose web he favoured) or a Trump (who got permission to ruin the only moveable sand dune system on the UK mainland), then we would not have a free republic.  We would have feudalism.

Intervention: (Eng. noun) to take action in a situation to try and prevent an undesirable outcome.  Interventions can be legal or not.  In Scottish politics – usually not.

When Aberdeenshire Council said no to Donald Trump, Alex’s Government weighed in and  said ‘we’re open for business; c’mon over’.  Thanks for the intervention!

But now it looks as if when Scottish Futures Trust (SFT) didn’t give the beautiful, sparkly granite web the thumbs up, Alex intervened again.

The cat is out of the bag, the chickens have come home to roost, and so on.  No doubt with the best interests of Aberdonians at heart, Alex seems to have put the £140 million web into position to get TIF funding.  Where would we have been without him?

This little intervention raises just one or two questions.  Firstly, I wonder what first attracted politician Alex Salmond to Billionaire tycoon Sir Ian Wood and his Wood-Wide-Web?

How could Scottish Futures Trust (SFT) criticised Wood’s wonderful web?  Well, for openers here is how it scored ( click on table to enlarge ):-

assessmentpanelscoringaug2011
http://www.scotland.gov.uk/Topics/Government/Finance/18232/FOI/TIFScoring

“…further detail / clarity could have been added in relation to:

  • The potential level of private sector activity created (in terms of NDR creation) and its likelihood
  • The underlying enabling nature of the assets themselves – i.e. why are these the right assets
  • The potential level of retail activity in comparison to the overall activity enabled by the TIF
  • The rationale for the redline
  • The key milestones of the project
  • The consideration of risk and risks beyond those detailed in the submission”
    http://www.scotland.gov.uk/Topics/Government/Finance/18232/FOI/TIFComments

The SFT/Government fought tooth and nail (whatever that means) against Steve Vass of the Herald getting this information made public.  For one thing, the SFT claimed people weren’t smart enough to understand their findings.  Quite right.  They argued people would not understand  that Scottish Futures Trust and its reports were only meant to guide the Government, which was then free to ignore the report and do whatever it chose to do.  Funny, this method of government consultation seems perfectly obvious to me.

You are of course as surprised and disappointed as I am that our web didn’t get higher scores.  It’s hard to imagine SFT deciding there were some financial and risk elements.

We should have sent them some of those lovely glossy brochures from Vote for the City Gardens Trust -  you know, the ones that promised 6,500 permanent jobs and £122 million flowing into Aberdeen every year if we got us a web.  That would have swung the balance.

Some  voters may well wonder why this SFT  information wasn’t  shared in advance of any referendum vote.  I’m sure it was for our own good and not to confuse us with facts.  However, if you  are angry we had a referendum with crucial facts withheld deliberately, Go Ask Alex.  Just drop him a line to find out who was playing at what, and why anyone thought we weren’t clever enough to understand a short report.

  No doubt Alex is confident that an independent Scotland will demand a granite web

Perhaps this is all too complicated for us non-Government mortals after all.  I’m so confused I’m thinking the Government wanted a trial run of the referendum system to see what the pros and cons were in advance of the Independence Referendum.

The pros?  You can put anything you want to in a glossy brochure, true or not as long as you remain anonymous.  Result!   You can also hide the voting record from any scrutiny, as was done in Aberdeen.

The Cons?  I think there were plenty of ‘cons’ involved, don’t  you?  In fact, I’m fighting the urge to list the cons by name.

You could also be forgiven for wondering  why the SFT report was prepared in the first place, if the Government had its own ideas about what should or shouldn’t be given a TIF loan.  (Old Susannah heard an unconfirmed rumour that Alex told Sir Ian to ‘leave his money on the table’ for a year.  No doubt Alex is confident that an independent Scotland will demand a granite web.  We could put it on the back of the new Scottish Banknotes).

So, Alex is going to try not to look too triumphant.  If it helps, Alex, just think back to some of your finer moments:-

  • Testifying to the Leveson Inquiry – Alex claimed the Observer had hacked his banking account in 1999 (no evidence was found) – almost as if he were trying to deflect attention from the revelation that Mr Salmond’s adviser (Aberdein) – had agreed that the first minister would call Culture Secretary Jeremy Hunt “whenever we need him to” on Murdoch’s behalf.
  • intervening in Aberdeenshire planning permission and giving Trump carte blanche to bulldoze the SSI, make life a misery for the existing residents, and run the area with heavy-handed security
  • Asking Donald Trump to back the return of Megrahi to Libya
  • Spending c. £48,000 to go to the premier of the film ‘Brave’ with an entourage
  • Claiming a sum adjacent to £1,800 per week for food and drink (four year period May 2007 onward)
  • Meddling in the future of the Granite Web, and elevating it over other areas’ projects
  • Cutting money to charities while allowing unelected quangos to thrive…..

It might not amount to quite 99 problems, Alex, but you’re getting there.  Give it a week.

Teflon: (mod Eng.noun) a non-stick coating often applied to pots and pans.

Bill Clinton lurched from sex scandal to Whitewater financial scandal and back to sex scandal again, yet he escaped relatively unscathed.  People called him ‘the Teflon President’:  nothing stuck to him.

Not that our First Minister would ever do anything untoward of course, but it is almost like he’s using deflection techniques – sorry to even think it!  Just because he showed up at Leveson with counter claims that he had been hacked when he was there to testify as to his relationship with Murdoch is no reason to think he’s a slippery character.

In fact I’ve  written to Salmond to ask for his comments on some of these little trifling issues.  As soon as he answers, I’ll let you know.  Until then, just keep waving the Saltire, chant ‘Freedom!’ and believe everything you’re being promised.  Would Alex ever steer you wrong?

Just one little thing to remember:  sooner or later that non-stick pan stops working, and it gets thrown out.

Next week:  A wee update on council finances, and an old FOI of mine updated.

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Oct 182012
 

utgbyelaine122feat By Mike Shepherd.

The City Garden Project is effectively dead and although Sir Ian Wood has left his offer of £50 million investment on the table for another year, his project is now unlikely to go ahead.

The final blow came with the publication of a Freedom of Information (FOI) request that showed that politicians in the Scottish government had tampered with the rankings of TIF (Tax Increment Funding) applications made by Scottish councils.

The Aberdeen TIF was ranked a lowly tenth out of sixteen, but was then moved into the top six – a placing that would qualify the project for government sanction.

This furtive move has finally destroyed whatever credibility was left for the City Garden as a TIF project and the FOI documents also reveal the Aberdeen business case as dubious.

So, while it is unlikely that there will be any future attempt to bulldoze through a City Garden Project TIF, if there is, it will be shouted down as foul play.

Additionally, councils elsewhere in Scotland are hacked off with the Scottish government as the TIF ranking process was supposed to be objective – as befits a process allocating multi-million pound infrastructure spending in Scotland – but wasn’t.

The message is clear – Union Terrace Gardens have been saved!

There is an unreal air about this as I’m not sure many people really believe that the park has survived, yet it has.  There are several factors that have led to a lack of belief, let alone euphoria, on the issue.

The relentless juggernaut of the City Garden Project has been rolling for almost four years, supported by the rich and powerful, together with local and national governments and the Aberdeen press.  So the fact that it appears to have just ‘evaporated’ overnight seems incredible, but that’s exactly what has happened.

The August 22nd council vote rejected the City Garden Project and the current council administration are determined to stick to the decision.

This is the power of participative democracy in action.  An interest group tried to boss through the project by all means possible and met up with the checks and balances of a democracy that we should all be extremely thankful for.

utgbyelaine122-2 We now move forward with a future for Union Terrace Gardens. The status quo is not an option.

The Gardens need tender loving care to restore them to their former glory and to get them back to a fully functioning park.  It won’t take much to kick this off, but it does need to be done.

This was the theme at the AGM of the Friends of Union Terrace Gardens held in the Belmont Cinema last Saturday.

The AGM marked a pivotal moment for the Friends group as it signifies the transition from a campaign phase to one where we can adopt a protective and proactive role for Union Terrace Gardens.  This role will be similar to that adopted by the Friends of Duthie Park in which the council manage the day to day running of Duthie Park while the Friends act to raise funds – they have raised several million pounds – and make improvements to the park.

In my last speech as chairman I announced that we have been asked by the council administration to make a proposal outlining what we would like to see happen in the park.  This would be much more than a wish list.  We would intend the programme to advise on the improvements and features that the park needs, together with indicative costs and a strategy for fund raising.

We held a general discussion amongst our membership as to what they thought was needed to improve the park and, unsurprisingly, better toilets and easier access came top of the list with everything else being open to further discussion.

I did not stand for re-election as Chair as I felt that someone with a less divisive reputation needs to take the group forward in its new role.  I also need a break, as the past few years have been somewhat hectic, although I will stay on the committee.

We have a new chairwoman, Robin McIntosh, who is the perfect choice as she is an expert on facilitation skills.  Skills that she will get the chance to use to best advantage before long.

In her closing message at the AGM Robin said:

“We want to make it clear that the future of the Gardens is in the community’s hands, that the decisions we are going to make will be to please the people.  These are exciting times for Friends of UTG and I am looking forward to a year of progress; big and small.  The city centre’s green heart deserves to be loved and used, and we are going to help to do this.”

The people of Aberdeen have saved Union Terrace Gardens.  This is only the beginning.  We can now go forward and restore our park to its full glory.  A park that is the pride of Aberdeen!

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Jul 062012
 

Disillusioned and dissatisfied with the speed, quality and transparency (for lack of a better word), Suzanne Kelly sums up her dealings with Aberdeen City’s FOI officers.

Aberdeen Rain

In 2007 I made my first Freedom of Information request to Aberdeen City Council.  This concerned travellers’ sites (the city had the brainstorm of telling travellers to go to the Torry  Battery – I pointed out that it was an Ancient Monument which the City was supposed to safeguard).

I received a reasonable answer in a reasonable timeframe.

However, it seems as if FOI request handling is far from straightforward of late.

I have been given information late on several occasions.  I have been refused information which I should have been given (as the Information Commissioner later agreed).  I have been given contradictory information. I have even, in my opinion, had disingenuous interpretations made of straightforward requests.    A few examples will illustrate the types of failings I believe need to be addressed.

1.  How many deer were shot on Tullos Hill?

Initially the first figure of deer shot was 22.  This was later changed to 23.  The figures continue to change.  An email of 22 June 2012 from the FOI Office implies 33 shots were fired.  Yet this same reply came with a copy of a handwritten notebook, in which 35 deer were listed as  killed.

Still another document sent at the same time shows 34 deer were killed.  Even though the last animal was -we are told- killed on 9 May, June FOI requests said 23 deer were killed.

This hardly seems like accurate information management to me.

2.  CJ Piper & Co. -  A mystery to ACC

‘CJ Piper & Co.’ is an entity connected to the tree scheme and the cull.  This company co-wrote a report with ACC on the tree scheme – recommending the destruction of 22 deer this year.  ACC paid CJ Piper & Co. at least £44,000.  However, there is no ‘CJ Piper & Co’ listed with Companies House.  There may be very simple explanations for this.  Whatever the explanation, we are not likely to get details anytime soon.

The FOI officer advised me:

“ACC is unable to provide you with information on ‘C J Piper & Co’, including  whether or not this is a registered company, … as it is not held by ACC. “

Precisely how Aberdeen City can spend public money and make payments to a company without holding its details may be of interest to the Information Commissioner as well as Audit Scotland.   It must have been extremely difficult to write a report with this mysterious firm, but ACC managed it.

There is of course the assumption that Chris Piper (a known forestry expert) is the main force behind this company, but the public should have the right to know this company’s details and whether there are any other directors/shareholders.

Should someone being paid to plant trees be the same person who writes a report recommending deer should be slaughtered in order to plant trees when they stand to gain financially from the contents of the report? The relevant issues will be looked at in the next Aberdeen Voice.

3.  How much has the Tree for Every Citizen and deer cull cost? 

I have received two spreadsheets under FOI legislation on this question.  The  latest spreadsheet was meant to show all the incoming and outgoing money on the deer cull and tree scheme.  But it raised more issues than it answered, including:

  • Thirteen lines of 32 line items are classed as ‘unknown concerning ‘ – this is unacceptable
  • Who are ‘Highland Estate Services’  – did they carry out the cull?  How did they and other contractors win work on this project?
  • What exactly are the ‘interdepartmental charges’ on Line 15 for £3000?
  • Where do the accounts show  the £43,800 returned to the Forestry Commission?  Accounting for this returned grant, it would seem ACC spent £167,512 minimum on the tree scheme and cull to date
  • Where are any entries to reflect all the deer fencing that was put up, or the £480 per week site clearance charges that went on over several months?
  • One of the few income streams coming in would have been the deer carcasses which were sold to a game meat dealer.  Where is an entry in the books showing how much money the City made from destroying this herd of deer?

4.  Correspondence between ACC and the Scottish SPCA – Someone is hugely mistaken

A story in the Evening Express recently claime 2 deer were found dead ‘ahead’ of the cull (the story appeared in 2012; the deer died of unknown causes in…2010).   The ‘news’ item quoted heavily from a letter ACC sent to the Scottish SPCA.

I asked for copies of letters to and from ACC and the Scottish SPCA (which told me there were a handful of letters on the Tullos topic).

However, Aberdeen FOI office says:

“… ACC holds a high volume of correspondence with the SSPCA relating to Tullos Hill. As such, it has proven to be quite difficult in identifying the particular letter to which you refer.  … it [FOI office]  is not aware of ACC supplying a copy of any letter to the Evening Express.”

So, not only do the City’s FOI people contradict the Scottish SPCA over the quantity of correspondence, but the ACC FOI office also cannot find a letter from ACC to the Scottish SPCA, quoted heavily in a news story (a copy of which I sent with my request).

At this point I can be forgiven for asking whether there is an political pressure at work on the FOI team concerning the cull.

5.  Q:  ‘Who or which agency performed site clearing work at Tullos?’

My question could not have been more straightforward; I asked ‘who or which agency’ performed site clearing work at Tullos (work which was worth apparently £480 per week).  The answer I first got smacked of sarcasm:  ‘a private contractor’.   Somehow, I had already managed to deduce that myself.   Sarcasm is fine in creative writing, but I question its place in a FOI response.

I wrote back:

“…the name of the company / companies involved should be specified.  This should please include their Company Registration Number by which they are listed in Companies House – if not listed, then please specify”

The FOI officer replied:

 “ACC is unable to provide you with the name of the private contractor (a sole trader).  ACC considers this information to be excepted under Regulation 11(2) and Regulation 10(5)(f) of the EIRS.  Please refer to the attached exception notices”

Perhaps they should have just said they were refusing to answer the question in the first place.   I am not completely certain that a sole trader should be called ‘CJ Piper AND COMPANY’, either.

Private entity  or not, the person/company was paid with public money, and we should know who is connected with it, how it was appointed, and what other work it has done.

6.  Is the use of a present tense verb reason enough to deny that a debt existed?

Rumour reached me that the failure of the first planting had cost the taxpayer about £44,000.  I asked the FOI office:

“Is it true that Aberdeen City Council owes a sum for previous, failed planting? “

The answer came:

“No money is owed by Aberdeen City Council to any agency or organisation for the previous planting.”

When I obtained a SNH letter proving £43,800 debt for the previous failed planting indeed existed,  the Chief Executive Watts denied the £43,800 had anything to do with my FOI request.  The Chief Executive indicated the £43,800 for the failed tree planting on Tullos Hill had nothing to do with the current scheme.

In the first place, it certainly has every relevance to the phase 2 tree planting.  In the second, my question did not say anything about phase 2 – just a ‘previous failed planting’.

The FOI people also defended their answer, writing  that since the debt had been paid, it no longer existed – and therefore they considered my question was not relevant.  The debt was paid in March; I asked my question in May.

I may be alone, but I see a connection between the £43,800 repaid for the previous failed planting and the £44,000 I asked about for a previous failed planting, irrespective of my  use of past or present tense verb in  my question, it was abundantly clear what information I had wanted.

7.  FOI 10703 The Tree scheme won’t cost us anything

I asked a ‘non-factual’ question, and wondered how the FOI office would cope.   I did get an interesting reply.

I asked,

“ Why is the ‘a tree for every citizen’ project something that must be adhered to so precisely?”

The reply came:

“Elected members made a commitment in their Vibrant Dynamic and Forward Looking statement … to plant a tree for every citizen to support the ongoing development and improvement of the quality and quantity of public open space in the City.  Officers have been challenged to deliver this commitment.  

“Aberdeen has a relatively small area of woodland cover (8.8%) as a percentage of its total area.  ….   Woodland recognised to offer a range of benefits for human well-being, creating a pleasant environment for people to live and work in, as well as being of great biodiversity value. 

“Creating these woodlands … will deliver on all these points, with the additional benefit of being created at no cost to the City Council due to the levels of external funding being obtained to deliver the project.  This demonstrates that the Tree for Every Citizen is not taking resources from other services within the City.”

I have to wonder how this answers ‘why’ we must adhere precisely to a scheme which condemned the existing meadowland ecological system.  is the above answer a factual, quantifiable piece of information – or is it political waffle?  The FOI did not attribute their answer.

8.  Marischal College – on time and under budget?  Where’s the proof?

Back when the idea of gutting Marischal College to create offices (too small for the  Council’s needs) first emerged, people were telling me that the costings for alternative projects had been done very hastily and all alternatives were dropped quickly in favour of the Marischal plan.

My FOI ENQ 7172 uncovered that ACC spent £20K on consultants to look at the Marischal project.  However while I found out that costings on alternatives were done, I can’t see them .

I had asked:

“What were the costings done on the alternatives to Marischal College development?”

FOI Answer:

“ACC are of the opinion that… because the Copyright and Patents Act 1988 forbids Aberdeen City Council from copying the cost analysis on the Marischal Project without the owners consent. … ACC is not obliged under the terms of the FOISA to provide you with the information requested. “

How can ACC have paid consultants to look at costings – and the taxpayer not be allowed to know what the results are because of ‘copyright’ ?  Certainly copyright is meant to stop people profiting from the writings of other people, not to prevent the public finding out how its money could have been spent.

#                              #                              #

We are asked to have sympathy for the FOI staff and are told many of the requests they receive are ‘frivolous.’  However, the purpose of this Freedom of Information office  is to fulfil Aberdeen’s legal duties under Freedom of Information Legislation.

I haven’t counted up how many emails I received from the FOI office apologising for lateness in replying to me (all FOIs are meant to be answered within a certain time frame).  Let’s suffice it to say at least 50% of my requests are answered late.

There is also the matter of a judgment from the Information Commissioner against Aberdeen.  A FOI request concerning Stewart Milne group companies of mine went largely unanswered by the Council, which said the law was against the information coming out.  The information Commissioner had a different take, and eventually  five  errors were identified in how ACC FOI staff handled my questions were identified.

If we want FOI responses  to be accurate, swiftly delivered and comprehensive, then this department needs immediate overhauling.  I will be asking Councillors and the Information  Commissioner  to investigate further.

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Jan 272012
 

Aberdeen Youth Council’s former head Sean Press resigned because of ‘a conflict of interest’, citing his involvement with ACSEF the ‘pro-business and development body [which] is fully supportive of the City Garden Project’ per the Press & Journal.  Now Aberdeen City Youth Council, the official voice of young people in the city, has spoken out against the proposed development of Union Terrace Gardens, describing the plans as “unwanted” and “potentially devastating to young people”.

301011-1140002 17 year-old office-bearer, Kenneth Watt, comments on the decision:
“It’s not normal for the Youth Council to speak out against the Council like we are doing. However, the decisions made have the potential to be devastating to our generation, and generations to come and we are genuinely worried about the prospect of the City Gardens Project going ahead.”

As a result, the group has registered to submit 300 words in the voter registration pack.

The group also criticised the City Council in its involvement of young people in the decision-making process, after they discovered that only 113 young people from just two schools were consulted with. In the Youth Council’s own consultation 98% of 14-25 year-olds were in favour of retaining the Gardens.

The financial security of the City Gardens Project (CGP) concerns the Youth Council. The Aberdeen City Youth Council (ACYC) are worried by the lack of a plan to cover the possible failure of the risky Tax Increment Funding scheme. After multiple requests for detailed financial information from councillors on the monitoring board were ignored, the group became very apprehensive over the CGP’s feasibility.

Kenneth Watt, an office-bearer in the ACYC says that:

“Young People have been hit hard by spending cuts to key services already; the prospect of facing more in the future is a risk the Council can’t afford to take.”

“Young people need to be listened to and have their questions answered. We’re the ones that will have to foot the bill when the £96million loan can’t be repaid.”

One of the main sufferers of cuts to public services is Aberdeen’s youth. Northfield has the highest rate of child poverty in the north-east of Scotland and the Council cannot commit to such a financially unstable project when they are closing key services to the youth in many areas.

“It is ridiculous for the Council to commit to a £96million loan when vital community services – such as the Mastrick Young People’s Project – are being cut left, right and centre.”

It was claimed that the CGP would reduce crime rates in the city, which young people are frequently blamed for. Both final designs for the CGP have direct access from Belmont Street and Union Street, home to many pubs and clubs. A £170million project of this nature will not cure the violence and crime that Aberdeen faces.

“Voters need to think seriously about the long-term aspect of the City Gardens Project and the financial burden it could easily leave for generations of Aberdonians to come.”

“Union Terrace Gardens is a space that is unique to our city. Our parents have loved the Gardens, we love the Gardens, and – if retained – our children will love the Gardens too.”

 

Jan 192012
 

Old Susannah tries to get to grips with the newspapers, the actual news, and council-speak.  By Suzanne Kelly.

dictionary

Dancing in the streets is assured today, for tomorrow we will be dancing on the concrete ramps!  (hopefully without falling off of them).  Rejoice!  Result!  The lovely ramp / Teletubbies design has been selected (just in the nick of time for the Referendum, mind) to ‘transform’ Union Terrace Gardens.

Old Susannah has been laid low by a cold/cough, so no outings of  late to Brewdog or anywhere really.  This has given me plenty of time to catch up on my leisure reading, so I’ve now read tons of minutes, board reports, registers of interest and so on.   But I’ll soon celebrate this good news with a brewdog or two.

I was so glad to have bought the Evening Express on the 17th; it had taken its own 50-person poll and guess what?  Yes, 59% of people polled want to ‘transform’ the gardens!  Fantastic!  Perhaps we should just knock the Referendum on the head now and go with those results.

To those few remaining NIMUTGs / NIMBYs / Luddites out there who think the vibrant and dynamic scheme to put concrete ramps over Union Terrace Gardens is nothing but the old boy network flexing its muscles to give some of the more hard-up members work, money and real estate, I say no.  There is no conspiracy.  There is nothing untoward going on.  (Can I have a directorship now?)

If anything looks funny, be it overlapping interests and board memberships, coincidental office block developments in the area, or what have you, here are some useful definitions to allay any fears.  Rest assured – in a few short years when you’re looking over your plastic hedge in the Monorail Café as the band plays in the Dr Bochel outdoor auditorium, you’ll look back and be glad that your tax money was well spent in convincing people what’s really important.

The Gardens dominate the news and the definitions this week as well.

City Garden Project Minutes: (compound noun) a series of documents charting the apolitical, beneficial, transparent proceedings of the Project team appointees.

We’ve already seen that there is no overlap between the City, Chamber of Commerce, BiD,  a couple of multi-millionaires and some council officials.  Here’s a little quote from the September City Gardens Project Implementation Team which shows as much:-

“Agreed that it would be helpful if ACSEF and Aberdeen Grampian Chamber of Commerce could provide supportive letters to the key decision makers within the Scottish Futures Trust.  The web link to the submission to be forwarded to ACSEF, the Chamber and BID”.

and now to illustrate the total independence of the Implementation Team, let’s put some names in brackets for the organisations listed above of people connected to the City Gardens Project as well:

“Agreed that it would be helpful if ACSEF(John Michie, Jennifer Craw, Colin Crosby, Tom Smith, Callum McCaig) and Aberdeen Grampian Chamber of Commerce (John Michie, Colin Crosby) could provide supportive letters to the key decision makers within the Scottish Futures Trust.  The web link to the submission to be forwarded to ACSEF, the Chamber and BID (Callum McCaig, John Michie – Chair)”.

It’s going to be a hard slog for these people to get themselves on side, don’t you agree?  Or perhaps that’s what’s meant by ‘having a word with yourself.’

For a more complete de-bunking of any lingering doubts, have a look at this little link, showing the members of some of our homegrown organisations.  http://oldsusannahsjournal.yolasite.com/

Overlap: Adjective – for two or more items to share similar components, area or characteristics.

If you have looked at the spread sheet on the above link, you will see there is just a touch of overlap.  Believe it or not, there are people who are involved in a quango here, a committee there – and all of them relating in some way to the desire to improve Union Terrace Gardens.

That nice Mr Michie gets around quite a bit, as do Messrs Collier and Crosby.  Never before have so few done so much in so many organisations against the wishes of so many.  Referendum or no, I think this lot are unstoppable.

Bad Timing: (Eng Phrase) events which in some way conflict with each other or subvert other events.

This will be a tough one to explain, so here is a wee example.  The deadline for registering a group for the Union Terrace Gardens Referendum was 13 January – so far, so good.  The deadline for these groups to submit a 300 word statement as to why people should vote for or against Teletubby land – sorry the dynamic ramp system which will turn Aberdeen into Barcelona– is 20th January at 5pm.  The Referendum is a month away.

Still so far, so good.  Then we come to next week. On 25th January the full council is going to vote on a report about the Gardens project – the report has various clauses which seem to indicate this thing might cost the City money after all – who would have guessed it??? But by then it will be too late for any of the statements going in the Referendum voting pack to be altered.

On 25 January it will also be too early to know what the referendum result will be – but the city is still going to vote on some very crucial items.  Why you might ask is this happening now? Why would the city want to do this before the referendum and before the new council is elected in May – only a few  months away?

It couldn’t possibly be so that any potential voters see the City voting to go ahead and decide that voting in the referendum (which is not binding of course) is pointless.  It is not to discourage, dispirit or mislead – obviously not.  I think this haste all just has to do with saving time.  I did ask this question of the council – and they’ve told me not to worry my old head about it.  Fair enough then.

PS ….

I am currently less than pleased that the City cannot (or will not) provide me with a list of property that the Mortification Board is responsible for – the FOI folk have told me to come down and look through the archives.  I still can’t believe Councillor West (leader of the Morticians – sorry Mortification Board) doesn’t have this info.

However – I am happy with him on this one score, and I thought  it worth sharing.  So, here are some extracts from old minutes from the City Garden Project Monitoring Board – cast your mind back to August – this is what was being said…

“Councillor Yuill asked Mr Brough to confirm whether there would be a ‘no action’ option on the card. Mr Brough replied that there would NOT be a ‘no action’ option at this stage because the feedback was part of a tendering process to select the best of six designs. Once the best design has been selected, other parties, such as the Council, may wish to determine whether the status quo was preferable to the chosen design. However the Project Management Board do not see this as their role. Their job is simply to come up with the best possible design for a proposed City Garden Project.

Councillor West asked that it be noted that every week the councillors of the Monitoring group have asked for the ‘no action’ option to be part of the public display and this has been passed on to the Management Board by Mr Brough. The Councillors stated that they were very disappointed that this was still not an option”.

You might ask yourself who is driving this project.  It’s not the citizens.  It’s not the councillors.  The answer just might lie on my spread sheet.

Next week – A Milne special issue, some Trump gossip, and more.

Jan 192012
 

By Mike Shepherd.

utgdesign3pic The final design for the City Garden Project was picked this week.  The proposed plan is to replace Union Terrace Gardens with a futuristic design of curving walkways and grass called the “Granite Web”.
The announcement stoked up even more controversy as it appears that the design was not the first choice amongst those that voted in the exhibition in October last year.

Favoured was the “Winter Garden”, the design with the big greenhouse resembling a giant glass worm.

A letter in the Scotsman gave a typical response to this ‘consultation’:

Pointless poll. Of the six designs submitted for the development of Aberdeen’s Union Terrace Gardens, one emerged as the clear favourite during a protracted public consultation in which the Aberdeen electorate took part.

Yet a panel of judges has selected one of the other designs, and the Aberdeen public is apparently to be given the choice between this one or nothing. What is the point of holding a public consultation and treating the result as if it didn’t exist?

Derrick McClure, Aberdeen
http://www.scotsman.com/news/letters/letter_pointless_poll_1_2061360

It is not the first time that a consultation on the fate of Union Terrace Gardens has been ignored. A public consultation run in 2010 saw a majority of the public rejecting the scheme.

The design itself is also controversial. John Glenday, the editor of the magazine for Scottish architects the Urban Realm, commented:

“Diller Scofidio & Renfro’s ‘granite web’ of interconnected walkways has been sold as a vision of the future for Aberdeen. However the seductive sixties sci-fi vision presented may be out of date before the journey from concept to reality has even begun. In their submission the architects have spun a tale of making Aberdeen “throb” again but the history of elevated walkways and underpasses, as anyone who has ever traversed any concrete New Town will attest, is often dystopian.

“Health and Safety officials are also likely to have a field day with the walkways and platforms as presented, inevitably leading to a compromised design with fencing, signage and other clutter once the demands of building regulations are met.”
http://www.scotsman.com/news/cartoon/analysisagrandschemebutitmayjustbealittletoolate

Others have been more  sceptical. It has been variously likened to a Teletubbies TV set, a skatepark and even  ‘Mounthooly Roundabout on steroids’. The City Garden Project have however reached for their dictionaries to praise the ‘vision’, with press releases abounding with words such as ‘transformative’, ‘vibrant’ and ‘dazzling’. Despite the hype there are very few facts being presented. We still do not know how much it will cost or how long it will take to build.

In another development, Aberdeen City Council are to hold a special council meeting next Wednesday to discuss the City Garden Project.
http://committees.aberdeencity.gov.uk/mgConvert2PDF.aspx?ID=18252

The report for the meeting asks councillors to approve the final City Garden Project design , expects the private sector to commit at least £70 million towards the project and discusses some of the land ownership issues.

There is no discussion in the report as to what happens if the City Garden Project goes into massive cost over-run. In 2009 the then Chief Executive, Sue Bruce,  decreed the private sector would be responsible for any cost over-run. Since then, no procedure has been discussed on ensuring agreement about this. In my opinion, Aberdeen City council are being grossly negligent here.

Councillors are effectively being asked to approve the final City Garden Project design ahead of February’s public referendum.

Yet the report mentions that:

ACGT has produced initial draft proposals in respect of the likely uses of any internal and external space to be created by the proposed development and are currently redrafting these proposals to reflect the space provision within the design recently selected by the Design Competition Jury.”

It is difficult to see how councillors can approve a project when there is no clear statement as to what the scheme is going to be used for.

The requests to councillors to spend up to £300,000 on legal costs from Council funds will be very controversial. We have been repeatedly told that the City Garden Project will have no impact on Council budgets, yet this is clearly not the case here. Some will ask how such costs can be justified when services and amenities are being drastically cut elsewhere.

Polling cards for the referendum are to be issued to Aberdeen residents on or around the 16th February. We will be asked for a third time – what do we want our city centre to look like?

The public are being treated with disrespect on this issue. Nevertheless, Aberdonians should ensure that they vote in the referendum.  This one counts.

Dec 152011
 

Voice’s Suzanne Kelly provides further detail regarding The Scottish Information Commission’s decision on Aberdeen City Council’s handling of FOI requests regarding  sales to and contracts won by Stewart Milne related companies.

  Town House From Castlegate This week the Supreme Court sided with Aberdeen City Council and rejected Stewart Milne’s appeal concerning profit-sharing on a land deal.

Milne bought land from Aberdeen City Council (property worth some £5 million was sold to him for c £375,000) with a clause stipulating Milne had to share any related profits with the seller, Aberdeen City Council.

After lengthy appeals, the Milne Group must pay £1.7 million pounds to Aberdeen City Council (legal costs are at present unknown).

Precisely how and why the cash-strapped City Council made this deal still remains unclear.  Once acquired, the property was sold from one arm of the Milne group of companies to another, and on this basis, Milne’s position was that there were no profits to share.  The Courts have disagreed.

This issue spurred a freedom of information request to the City Council.

What land had been sold to Milne-related companies?  What contracts had been awarded to the Milne companies?   Was a group of companies receiving preferential treatment by being sold public assets without the assets going on the open market to the highest bidder?  Was a construction firm buying land at considerable discount with one hand, and at the same time under-bidding competition to win work?

It is a year (and a few days) since the initial FOI request was lodged with Aberdeen City Council.  Late replies, denials that information was held, assertions that information was too difficult and costly to obtain were some of the obstacles in the way of obtaining information.

If not for the Information Commission, there would be no chance of this information – concerning public assets and the public purse – coming to light.  As it is, the City has until 23 January to finally comply.  At that time it must either disclose the information or lodge an appeal against the decision.

The decision will be disclosed to the public  around 16th December.  In the meantime, here are some of the important issues and facts to emerge from the Information Commissioner’s decision.

On 10 December 2010 a FOI request was sent to Aberdeen City.  Such requests are to be answered within a specific time frame and are backed up by legislation.

The City failed to respond in time. Aberdeen’s representatives said the information was not easy to obtain, would cost over £600 pounds to collect, and that some of the data was immune from disclosure.  When the request was largely turned down, an internal investigation by ACC into its handling of the affair was requested as the law permits.  The City was sorry it was late in responding, but it was not going to release the information.

Findings:

The Information Commissioner’s office was supplied with the entire (lengthy) chain of emails from the first request through the refusal and the internal investigation.  The Commissioner will soon release its report into ‘Case 243/2011’ and these points are among the findings:-

  • ACC FAILED to comply with Part 1 of the Information (Scotland) Regulations 2002 (FOISA)
  • ACC  FAILED to comply with the Environmental Information (Scotland) Regulations 2004
  • ACC FAILED in dealing with the request by wrongly claiming that section 12(1) of FOISA was applicable to the request
  • ACC FAILED to provide reasonable advice and assistance under Section 15(1) of FOISA.
  • ACC FAILED to meet statutory timescales for handling the request

Background:

The comprehensive decision from the Commission covers the history, legal issues and relevant points of my request.  The Background section covers my initial questions to Aberdeen:

1. List of property (including but not limited to land, buildings, building services, material goods, etc.) Aberdeen City sold to the Stewart Milne Group, Stewart Milne Homes and/or any associated companies, and/or directly to Mr Stewart Milne. List to show property name/description, date of sale, sale price, minutes/reports of the City Council approving/recommending the sale, and if available the market value at time of sale.

2. List of property or services (including but not limited to land, buildings, building services, material goods, etc.), the Stewart Milne Group, Stewart Milne Homes and/or any associated companies, and/or directly to Mr Stewart Milne sold, managed or built for Aberdeen City Council. List to show property name/description, date of sale, price, reports/minutes of the City Council recommending the purchase, and if available the market value at time of sale.

If any aspect of this request is not clear, then please contact me directly for clarification.

I was asked to clarify what I meant by Stewart Milne associated companies, and on the same day as the request was emailed to me, I sent this list from Companies House:-

05232604

D

STEWART-MILNE CATERING LIMITED Dissolved
SC305012 STEWART MILNE CENTRAL LIMITED
SC152943 STEWART MILNE COMMERCIAL LIMITED
SC083265 STEWART MILNE CONSTRUCTION LIMITED
SC054259 STEWART MILNE DEVELOPMENTS LIMITED
SC191167 STEWART MILNE (GLASGOW) LIMITED
SC057709 STEWART MILNE GROUP LIMITED
SC132524 STEWART MILNE HOLDINGS LIMITED
SC137803 STEWART MILNE HOME OPTIONS LIMITED
SC065403 STEWART MILNE HOMES LIMITED
SC096898 STEWART MILNE HOMES (SOUTHERN) LIMITED
SC056620 STEWART MILNE INVESTMENTS LIMITED
SC063606 STEWART MILNE INVESTMENTS (SCOTLAND) LIMITED
SC349644

D

STEWART MILNE KITCHENS AND BATHROOMS LIMITED Dissolved
SC204848 STEWART MILNE PART EXCHANGE LIMITED
SC145941 STEWART MILNE PROPERTIES LIMITED
SC192726 STEWART MILNE (WEST) LIMITED
SC305009 STEWART MILNE WESTHILL LIMITED

The City also wanted to know what time period the request covered.  This was a bit of a surprise – was the list of property sold so extensive that a cut-off date was needed?  Dates of 1980 to the present were chosen.

On 9 February 2011 the City advised that the request would be too costly, and that it did not hold information relating to property it had sold to Stewart Milne companies.  An internal inquiry into how the City handled my request was offered and accepted.   This inquiry proved rather fruitless, and on 4 May 2011 the Office of the Scottish Information Commissioner was asked to look into the case.  The investigation began.

The Information Commissioner’s office contacted Aberdeen City Council on a number of points.  One of the issues was whether or not all or part of the FOI questions should have been dealt with as an Environmental Request (EIR).  The City then told the Commissioner’s office it ‘no longer wished to withhold the information in the reports (about tenders) in their entirety.  Some but not all the information on contracts Stewart Milne companies had won in September was released.  This included information about new build work at Byron Park, Hayton Road and Rorie Hall.  The documents were heavily redacted.

It was nine months since the FOI questions were first asked of ACC.  At one stage during the Commissioner’s investigation there was an opportunity to re-state the case and explain why the information should be put in the public domain.  I wrote about the state of Aberdeen’s finances, the fairly recent criticism of the City’s fiscal operations by Audit Scotland, the lack of transparency in the City’s dealings, and my concern for the disposal of public assets without clear attempt to get the best possible market price.

The decision notes my claim that ‘public assets should be bought and sold in a fully transparent manner, especially in such a cash-strapped city as Aberdeen.’  I wondered if my efforts would be enough.  I waited.

Findings & Analysis:

One of the most important reasons for refusing the request was cost.  If the costs were truly going to exceed £600 (the threshold over which public authorities do not have to respond – but can if they wish to), then someone at ACC’s Freedom of Information Office should have offered  guidance as to how to reduce the cost of the search.  This never happened.

Aberdeen’s initial cost estimates indicated that many people would have had to spend hours on the request, and some of these hours were going to be charged at over £15 per hour.  As it turned out, the maximum hourly rate that a public entity can charge for searches is £15 per hour.   Perhaps someone in the City’s Information area should have known this?

Over the course of the dozens of e-mails exchanged, I made clear I did not accept Aberdeen’s claim that supplying a list of the property would be to arduous and too expensive.

At one point the City said some of its records were only on paper format.  I informed the Information Commission that the City holds an Excel spread sheet detailing the property that it owns and that I considered it likely that the Council would have a similar spread sheet for property it disposed of.

Aberdeen said such a record did exist, but that it didn’t show to whom property had been sold.  (This seems like a very poor state of record-keeping if it is the case).  The City said its list would be ‘meaningless’ to me.  The City estimated that it sells some 10 pieces of property per year, and we would be talking about 140 sales from 1996.  In summary, the City said it would cost £1,117.50 (a rather precise figure I thought) to get the details I was after.

Item No. 50 of the Commissioner’s decision reads:

“…the Commissioner is surprised that the Council is unable to establish the identity of the purchaser in relation to individual property disposals in a less labour intensive manner, he accepts that the Council does not have simple access to the information requested…”

Here are some other points from the report concerning the issues:-

51.       “Having considered the Council’s submissions, the Commissioner accepts that it has identified a reasonable method of locating and retrieving the information Ms Kelly has requested.  This involves two distinct stages:  firstly identifying those property sales in which the purchaser was one of the parties of interest to Ms Kelly and then secondly locating and providing, for only those transactions involving relevant purchasers, the particular pieces of information requested by Ms Kelly about that transaction.  The Commissioner is satisfied that the information requested could all be located within the file relating to the property sale.”

52.       “Turning to the Council’s estimates of the staff time required to complete this process, the investigating officer reviewed the copy of a file provided by the Council.  Although this contained over 780 pages of information, the investigating officer was able to identify the purchaser of the land or property within two minutes of opening the electronic file.  Although, in this case, the purchaser was not one of interest to Ms Kelly, the investigating officer went on to locate the types of information about the sale she had requested.  The investigating officer was able to identify and extract the relevant information from this file within a further 15 minutes.”

53.       “Having considered the Council’s (somewhat limited) submissions and the investigating officer’s review of the sample file, the Commissioner is unable to accept the Council’s estimate that it would take 30 hours to establish which files involved sales to relevant parties.  This suggests that this initial stage would take an average of just under 13 minutes per file….”

The Commissioner’s findings on the issue of retrieving the information are even more concerning than just this over-calculation on the City’s part.  Looking back to an earlier point, it seems the Council are no longer keeping records of crucial information such as how public assets are disposed of:-

43.       “The Council explained that there is no longer a comprehensive database which records all transactions…”

After a less-than-glowing recent report from Audit Scotland into Aberdeen’s property management – why is there ‘no longer a comprehensive database’ concerning important transactions?

The decision then goes to the matter of the ‘duty to provide advice and assistance’.  The Information Commissioner found

“…the Council offered no advice and assistance to Ms Kelly on how she might reduce the scope of her request…” and “Given that the Council provided no advice or assistance to Ms Kelly in either narrowing the scope of her request, or accessing some of the information of interest to her, the Commissioner finds that the Council failed to comply with its duty…”

Part of my FOI request concerned contracts won by Milne companies.  Were we selling land at very favourable rates to a bidder who might put in low bids?  Would it be possible that a contractor won work by bidding lower than the competition, but that another company connected to the contractor bought land at profit-making prices – possibly even to the detriment of the public purse?   This possibility crossed my mind.

The Council felt harm would be done if details of contracts awarded were publicised.  I commented that there was a need for confidentiality during negotiations of a contract, but not once a deal is concluded where public money is being spent.

The Commissioner noted that my requests were about one year after the contracts were awarded.  The tenders had been evaluated; the contracts were issued.  As it turned out, the unsuccessful bidders had been advised of the details after the award – but by some kind of oversight or another on the part of Aberdeen City Council, this information was never made available to the public despite EU law making such disclosure mandatory.

This is what the Commissioner’s investigation found:-

“The Commissioner is unable to accept that a competing company would be able to gain significant insights into the relevant company’s capabilities, pricing or bidding strategies from the disclosure of this information [information re. Bids]… the commercial sensitivity of that information will have diminished with the passage of time, and in particular with the award of the contracts in the subsequent phase in the Council’s home building programme.  The Council has provided no evidence to support its submission regarding the continued risk or harm following from the disclosures of that information.”

More to come:

The decision has been released to me and the City.  They have until 23 January 2012 to lodge an appeal or comply.  The Commissioner’s intervention and in-depth analysis is greatly appreciated and clearly was much needed.

This report will be available to the public via the internet c. 16 December.  It will prove a valuable read to other researchers and anyone interested in how Aberdeen City Council handles information and requests for information.  However, one year on from asking the initial questions, there are still crucial questions unanswered:-

  • Who suggested selling land to Milne companies?  What was their position in ACC?
  • Exactly what public assets have been sold to Milne related companies?
  • Who in the City was involved in progressing and approving the sales?
  • Were any bids won by placing bids with very low likely profit margins?
  • What internal audit procedures, if any, flagged up any issues with the sales or contract awards?
  • Does anyone within this chain of decision making have any links to any of the Milne-related companies?

Further information on this subject will be forthcoming.  Aberdeen Voice will be reporting on the City’s next move.

Dec 122011
 

Aberdeen Voice  has learned that the Scottish Information Commissioner has upheld Voice reporter Suzanne Kelly’s Freedom of Information request with regard to land and property sold by Aberdeen City Council to Stewart Milne and associated companies.

Town House From Castlegate Less than a week having passed since Stewart Milne’s appeal to the Supreme Court failed, the Scottish Information Commissioner has decided that the Council must provide Kelly with information on land transactions between Aberdeen City and Stewart Milne companies.

The Supreme Court had been asked to review the details of a land purchase Milne Group made from Aberdeen City Council. The Supreme Court found that Milne must pay the City £1.7 million over the land deal.

The cost of the legal action is at this point unknown.

Kelly had followed the case, and had heard from several sources that there may have been other deals regarding the property developer and the City.

In a Freedom of Information Request made to the City, Kelly asked for a list of property sold to Milne and/or associated companies and the selling price, as well as a list of contracts the Milne companies had won from Aberdeen (there are several companies connected to Stewart Milne). Kelly wanted to analyse the contracts won and land purchased. The City initially refused her request.

An appeal was lodged, and the Information Commissioner was asked to look at the history of the freedom of information request and the grounds for refusal. The Commissioner issued its findings on 9 December 2011. The Commission decided that Aberdeen City Council and its Freedom of Information officers failed to act properly on a number of issues.

Key points include:-

  • The City did not always respond to correspondence and requests in a timely manner.
  • The City said it did not have a comprehensive record keeping system and finding the information would be very difficult. Kelly proved to the Information Commissioner that the City keeps much of its property portfolio details on spreadsheets.
  • The City said it would cost over a thousand pounds to find this information.
  • Kelly received some of the requested information during the course of the investigation including details of c. £10 million worth of construction contracts won by Milne and associated companies. No information has as yet been released by Aberdeen to show what property it sold to Milne.

The property dealings of Aberdeen City council had come to the attention of Audit Scotland some time ago. In its findings Audit Scotland found:-

  • evidence of procedural and administrative deficiencies and poor record keeping,
  • cases where accurate and relevant information was not reported to elected members,
  • a lack of evidence to support the valuation at which properties were sold, and
  • cases where the Council may have achieved a better price. Overall, it appears that there is a potential loss of capital receipts which may be more than £5 million.

The City is considering a number of budget and service cuts, and this spurred Kelly on. Kelly states.

If the city is awarding contracts based even in part on low bids, then I question the wisdom and prudence of selling land at a fraction of its potential market value to a successful bidder. The City has a massive property portfolio, and if must keep detailed and accurate records of its transactions. In light of the Supreme Court decision last week, the decision from the Information Commissioner is extremely timely and most welcome. I look forward to receiving the information I have sought for so many months.”

Milne is also a director of Aberdeen Football Club. It is slated to sell its existing Pittodrie Stadium ( the UK’s first all-seater stadium ) and use the proceeds to build a stadium in greenbelt land near Loirston Loch. Planning permission was hotly contested, with local community councils objecting to the plans. The area is home to a variety of wildlife. The club’s income is thought to be in steady decline, as attendances have fallen and the team struggle to climb the league.

Says Kelly,

“I shall contact Aberdeen Council if I have not heard from them shortly, and as soon as the information is made available to me, I will report back. The Commissioner agrees that the public have a right to have the information I have fought long and hard to obtain.”

Nov 142011
 

Old Susannah pays her respects, but is unable to maintain her silence as she takes a look around what has been happening in our vibrant and dynamic city and beyond.

dictionary

Things continue to be vibrant and dynamic this week in the Granite City.  On Friday 11 November some 4o-plus people gathered for a minute’s silence to mark those who fell in war.  Robert Martin who works nearby in Golden Square told me he first started coming to Union Terrace Gardens for the traditional minute of silence a few years back.
“What better, more peaceful place is there in the heart of the City to have the minute of silence,” he commented.

A gardener tried to tell the group they should be at the war memorial instead – he could not understand that we were all happier in the Denburn Valley.

For the record, this was not a celebration of nationalism, or glorification of war; it was a gesture of respect for those who lost their lives in war.  Wouldn’t it be nice if we could just stop killing each other, and sort out economic and social problems another way?  Maybe that day will still come.

Then there was the enjoyable opening night at Peacock for its winter exhibition.  The 400 or so works are on show until 23 December and  are all for sale.  Alicia Bruce is offering small prints of her iconic photo portraits from the Menie Estate which had such a good reception when she exhibited at Peacock.  There are abstracts, portraits, beautiful drawings, and even one or two offerings of mine.

A quick word about litter.

During the week I asked an older man who’d dropped litter to please pick it up.  He explained (with some interesting vocabulary words which I must look up) that ‘he didn’t know me’, ‘he didn’t have to’ and ‘I could not make him.’  It was a very impressive display indeed.

Days later I was at Sainsbury’s Berryden, and groups of students (probably just over 20 people in total) had stopped by the store to get their lunch.  They had wrappers, bags, papers, serviettes, bottles and so on.  And as I waited for a bus, I saw each and every student put their trash in the trashcan near the bus stop.

I am pretty sure they were from St Machar.  My appreciation to them and the other people who do the right thing.  It’s not difficult, it’s not brain surgery.  It does however make a huge difference.

But whatever you were doing this week, everyone’s thoughts were with one brave man who is fighting a valiant struggle of his own.  Yes, Stewart Milne’s case went to the Supreme Court on Thursday.

The Press & Journal had no room for this story on the day, due to the breaking news that geothermal energy exists.  This astonishing front page special even had a picture of a volcano to illustrate it.  I had personally expected a story about a cow with a ladder on its neck, but the geothermal story did the trick, and between it and the massive ads for Milne Homes, no room remained for the little matter of our City being called to the Supreme Court.

Then, Friday, the P&J did run with a story on Milne, which leads neatly to a little definition or two.

Negotiate: (verb, Eng) to settle a conflict or disagreement by compromise.

Those of us who read the Press & Journal story will have felt sorry for Stewart Milne.  He claimed the matter could have been settled had Aberdeen City council accepted his offer of negotiation.

According to the P&J, Stewart Milne Group claimed:

“We have offered to go to independent arbitration on several occasions over a long period of time,”

Usually negotiations happen when both sides have a valid argument or case to make.  To refresh everyone’s memory, the City sold land at Westhill to Mr M for far less than it was worth – the City’s clever business plan was not to sell the land on the open market, but sell directly to Milne (I am sure there was a great reason).

He got a great price on the understanding the City would eventually get any sale profit.  In a really clever and not at all dodgy-looking business manoeuvre, the land moved from one arm of the vast Milne empire to the next, at a cost around £500k –apparently more than what the 11 acres cost in the first place.  This was perfectly normal, and could have happened to anyone.  Quite truthfully, Milne then indicated that there was no profit to share.

This giant poster in no way looks like a desperate advertising ploy, but it does paper over some cracks nicely.

The City and subsequent courts have disagreed with Mr Milne’s logic (shocking!), and rather than enter ‘negotiation’ over the £1.7 million under dispute, the City decided to see the case all the way through.  Milne could have accepted the last court’s verdict, but he appealed all the way to the Supreme Court.  If you’ve only got £60 million, then you’ve got to hold onto every penny these days.

The trial was televised, and although Old Susannah is no legal expert, it didn’t look all that great for Stew.

Now we just have to wait for the outcome – at which point no doubt everyone’s favourite football club owner will immediately give Aberdeen the £1.7 million it is owed, plus court costs.  I think an apology is also due, and hope the City are drafting one to Mr Milne for taking things this far.

This expensive litigation obviously in no way impacts on the role Mr Milne plays in ACSEF, the City and Shire’s invention which is helping us out of economic chaos.  Aside from the bang-up job ACSEF has done so far for our city’s shops, it’s created a brilliant logo for itself, and now has a great big vibrant, dynamic mural at McCombie Court.  This giant poster in no way looks like a desperate advertising ploy, but it does paper over some cracks nicely.

In light of Stewart’s logic concerning negotiation, the next time you get mugged or have your wallet snatched, don’t go to the law.  Just find out who’s got your money and negotiate to get some of it back.  Sorted.

Reading this story about how Stew wanted to negotiate, I wonder if I’m not having déjà vu.  This sense comes from the P&J article some time back, when Milne and everyone’s favourite forum, ACSEF, were taking over Peacock Visual Art’s project and turning it into the great City Garden Scheme.

Just before the final, decisive and divisive voting on the project took place, ACSEF / Milne said that Peacock had been offered some kind of 11th hour alternative, but were unwilling to strike a deal.  Of course if you read the full story, you would have eventually discovered Peacock said ‘we were never contacted about any deal.’

I hope in future any Peacock person, Aberdeen City legal rep, etc. will just ‘negotiate’ when Stewart wants something – it will save the taxpayer lots of money to just go along with him from the start.

In fact, when I think of Loirston Loch, the Triple Kirks glass box scheme, Pittodrie and so on, I wonder if we haven’t just started to say yes to him already.

Geography: (noun) study of terrain, locations, types of environments and areas.

If you are out there, Pete Leonard, Director of Housing, perhaps you might consider a geography lesson or two.  Pete insists Tullos Hill is ‘urban’.  The hill is next to all the lovely industrial estates which have helped make Aberdeen the profitable centre of the universe it is, but the hill just isn’t all that ‘urban’.  It’s covered with plants, grasses, wildlife, pre-historic cairns and so on.

Here in Aberdeen, there is a complete separation of contractors and councillors

On the word of Mr Leonard, I went to Tullos Hill the other day assuming it had been urbanised.   I looked for fast food, a coffee or a monorail ride, but there was nothing of the kind to be found.

It struck me that Ms Malone (who has lately been very, very quiet) might want to look for a new initiative to push. Perhaps if she abandoned the ‘tree for every citizen’ scheme and maybe had ‘a monolith for every citizen’ and/or ‘monorail for every citizen’ scheme, it might increase her popularity.  As I hear it, an improvement in her popularity stakes is currently the only possible direction.

Aside from Tullos, other urban areas in our city are easy to recognise by the well-maintained roads and footpaths, the general cleanliness, the complete lack of any crime, and all the many open local shops.

Corruption: (noun, English) a state of dishonesty, lack of integrity, self-interested behaviour of a person or body in a position of trust.

Edinburgh has faced accusations of council corruption. (“At least it couldn’t happen in Aberdeen!” I can practically hear you say.)

For openers, according to the BBC, the hospitality records are incomplete. ( This contrasts with our city’s up-to-date, perfectly set out, fully inclusive records which seem to indicate some councillors went to absolutely no events whatsoever in 2009 and or 2010).  But that’s the least of Edinburgh’s problems.

Edinburgh’s councillors are in the firing line for ‘possible fraud and serious wrongdoing’ with regard to building works and property.

Audit Scotland could not decide if the city was just a wee bit disorganised, or if there was a whiff of corruption

It also looks like a city councillor had a holiday paid for by a contractor.  Here in Aberdeen, there is a complete separation of contractors and councillors.  In those rare occasions when a councillor is somehow connected to a contractor, then they stay well out of any possible conflict situations.

Some years ago we had our own little trouble with Audit Scotland, you may remember.

They had a few uncertainties after a detailed investigation of our city’s property selling activities.  There were questions as to why so many properties were being sold below value.  Audit Scotland did tell the city to stop selling property at knock-down prices, and otherwise pay attention to details – like who is actually buying your property and what it should sell for.  In the end, Audit Scotland could not decide if the city was just a wee bit disorganised, or if there was a whiff of corruption.  In the end, they invited our local police to look into the issues.

After a completely thorough, detailed investigation, the police found nothing untoward.  Old Susannah is not sure when the investigation was conducted.  Then again, I’m not sure when exactly Stewart Milne Group started advertising on police cars, either.

Next week hopefully a Milne court and FOI case update; a fond look back at the careers of John Stewart and Neil Fletcher, who are not going to run for re-election in May.

Stop press Christmas Gift Solution:  Tired of the usual old boring gifts – the handbag-sized bottle of vodka, the city council carriage clock or branded pen?  Look no further for your gift requirements:  The City is selling photo prints of its greatest moments.  Rather than taking a picture of St Nicholas House or the ACSEF logo yourself to make a welcome gift for a loved one, just go to the City’s website.

What is the most popular subject on sale?  Why the Lord Provost of course!  There are only about 750 photos of him in action this year but fret not: there are two other years of Lord Provost photos as well.  Make a lovely print on canvas, or can be sent to an artist to create a portrait in oils.  I just might buy a photo of the Lord Provost handing over a gift and turn it into a mug, a mug for some reasons being the first thing that springs to mind.
See: http://aberdeencitycouncil.newsprints.co.uk/

Stop press 2:  there will be a further extension for getting your entries in for the Union Terrace Gardens art competition  – more news soon!