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Brentwood Borough Council

FOI 4871

Chief officers declarations of interests

Request

*Please note, the Information Commissioner's Office (ICO) stated in Decision Notice FS50359348 that all the following information in this request should be provided without exemption where held:*
http://www.ico.gov.uk/tools_and_resources/decision_notices/decision_notice_list. &y=2011

I am writing to request information under the Freedom of Information Act on details of senior officers' (ie. chief officers) declarations of interests held by the council.
Please note, senior officers are to be taken as those defined as chief officers in the Localism Act 2011 (s43(2)) http://www.legislation.gov.uk/ukpga/2011/20/part/1/chapter/8/enacted
Please note, I am interested in the declarations that are held in relation to all chief officers serving since January 1, 2010.

Please provide the following information for each officer:

- names
- department
- section
- name and address and nature of additional business, or other employment
- name and address of company, firm or other body or individual of whom consultancy is undertaken and nature of the consultancy with an indication of frequency or volume of such work
- name and address and nature of business of each company or other body of which you are a director, with an indication of whether it is in a paid or unpaid capacity
- name and address and nature of business of each firm with which you are a partner
- name and address and nature of business of each company in which you hold shares
- name and address of the organisations of whom you are engaged on a retainer basis and nature of the retainer

The ICO ruled in Decision Notice FS50359348 (Paragraph 57) that the above information should be disclosed under FOI.

Paragraph 58 states: 'The Commissioner recognises that this information provides details of each individuals interests outside that of their duties in respect of their position at the Council. However he considers that these Officers concerned are senior officers who are responsible for taking decisions which affect the community, and are responsible for budgets and the spending of public money. The interests to be disclosed have an element of public visibility and many elements may often be in the public domain already. It is therefore less reasonable for the Officers to have an expectation of non disclosure in respect of this information. In addition to the public interest already identified, the Commissioner considers there is also a strong public interest in seeing the names of the Officers so that the public can see who has submitted a declaration.

Paragraph 59: 'The disclosures offer a proportionate level of disclosure, allowing the creation of a degree of public transparency where currently none exists. The Commissioner finds that disclosure of this information would meet schedule 2 condition 6 of the DPA, he finds that:
- there is a strong legitimate public interest in disclosing the information
- the disclosure is necessary for a legitimate interest of the public and,
- the disclosure of this particular information would not cause unwarranted interference (or prejudice) to the rights, freedoms and legitimate interests of the data subject.

Paragraph 60: 'The Commissioner therefore finds that section 40(2) does not apply to this information.'

Please note, ICO Decision Notice FS50419597 further stated that councils should provide only the information they currently hold from the list above, and are not under an obligation to create new information where it is not already held.


If my request is denied in whole or in part, I ask that you justify all deletions by reference to specific exemptions of the act.

Response

Thank you for your recent Freedom of Information Act Request.

In response to your questions please find below details of the interests from the information that the Council holds:

Steve Summers
Head of Performance and Improvement
Company: Vine HR Limited
Address: E Block, 4th Floor, County Hall, Market Road, Chelmsford, Essex CM1 1QH
Business: Human Resources company
Position: Director (unpaid role)

Brian Partridge
Director of Strategy and Corporate Services
Company: Utility Warehouse (advised company not active)
Position: Partner

Ashley Culverwell
Head of Environmental Health and Licensing
Company: 1 Sion Hill Ltd
Address: Flat 2 1 Sion Hill Ramsgate Kent CT11 9HZ
Business: Management Company
Position: Director (Unpaid)

Company: Thames Hamlet Block E Management Company Ltd
Address: Unit 9 Edinburgh Way Harlow Essex CM20 2BN
Business: Management Company
Position: Director (Unpaid)