Law says the people have a right to know on spending

Published: 17 June, 2011

• FURTHER to your report (Freedom of Information is not for us, May 6), may I inform not only your readership but through the West End Extra also councillors Guthrie McKie and cabinet member for housing Philippa Rowe of the following.

Last year in the Midlands an individual discovered a private company had received public money but no one seemed to know what it was used for. 

Receiving an initial rebuttal to a formal inquiry, they served a Freedom of Information notice on the company. 

The reply was that it was “commercially confidential”. 

The person requesting the information persisted by taking the matter to a judicial review in front of a High Court judge. 

The ruling given by the judge was: “…where any public money is concerned (including geographically) any member of the public is legally entitled to demand information on amounts and usage”. 

There is no such thing as “commercial confidentiality”. 

There may possibly be two exceptions: “where national security may be a risk” or “where the Data Protection Act would be breached”.

I find it impossible to imagine that Westminster Community Homes falls under either of these two categories. 

I still have the article published by Private Eye which informed me of this. Anyone who wishes to obtain a copy can email me at: rhythmofthestreets@hotmail.com 

Openness and transparency is not negotiable, it is conditional by law. The High Court judge has ruled so.

GARY SAXTON
Street writer, W2