Filing cabinet - :

Why is it taking so long to see the BT Rural Broadband contract?

When the Rural Broadband contract between the Isle of Wight council and BT was debated and voted upon in September 2013, it led to a split Cabinet. Only five members voted in favour of the contract – which was ‘sealed’ on 30th September – with three members abstaining.

The motion to go ahead with the contract with BT (through BDUK) included a number of conditions. The Isle of Wight council confirmed to OnTheWight in November 2013 that BT had agreed to meet all of those conditions outlined in the Cabinet papers.

Evidence of conditions
Keen to ensure the conditions had indeed been written into the contract with BDUK, OnTheWight requested a copy back in February from the council’s press office.

OnTheWight asked for a copy of the BT Rural Broadband Project contract, with commercially sensitive sections of it redacted if necessary.

Officer: “I need time to consult third parties”
The press officer chose not to answer it, but without reference to OnTheWight, forced it into an FOI request (sadly not an uncommon approach with IWC of old).

About four weeks later the officer dealing with the request wrote saying that our request “may be subject to an exemption under Section 22 of the Freedom of Information Act” and that “some of that information may also benefit from the following exemptions (information supplied in confidence/third party personal information/ commercial interests”. She told us “I need time to consult third parties before I can consider if the Isle of Wight Council is able to release it.”

She then assured us that she’d write to us again within the next seven working days.

Another four weeks later …
Four more weeks go by and still no sign of the said contracts or reply to emails, so we again followed up.

Eventually, on 23 April, we were told by the person dealing with it that that she’d been on holiday and that “The person I need to speak to with regard to this matter is on annual leave at the current time”.

Open and transparent?
This is a major contract with over £3m of council funds going to BT. Whether the conditions imposed at Cabinet in September 2013 were included is of public interest.

The Freedom of Information Act is very clear. The law says information must be provided within 20-working days.

Given that and that the Independents were elected under banner of changing the Isle of Wight council become open and transparent, is it really right that something as simple as releasing redacted contracts should take so long.

Image: Manc under CC BY 2.0

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Cynic
28, April 2014 5:51 pm

Didn’t PJ promise to investigate this contract a month or so ago?

Cynic
Reply to  Cynic
29, April 2014 8:24 am

I wonder if the Super Injunction tactic has penetrated local council contracts as well? If so, then not only could the contracts have gagging clauses concealed banning the taxpayer, public and press from finding out about them, but also if such a super- injunction itself actually exists. Does FoI legislation trump super-injunctions when public bodies are involved or is it just a paper tiger with lots of… Read more »

ThomasC
28, April 2014 6:11 pm

I also asked for the contract at the start of April and so far have been promised that it will be made public ‘by the end of April’. Whilst I can understand there is the legal specification for FOI requests being satisfied, I also understand we’re dealing with a monster on the other side of the contract – BT. I suspect there is a lot of legal… Read more »

Cynic
Reply to  ThomasC
28, April 2014 7:38 pm

What is your upload speed?

ThomasC
Reply to  Cynic
30, April 2014 3:50 pm

19mb.

Actually shuffling files up and down is excellent and snappy, it’s just the delivery of sites from webs servers that’s still sluggish – because of the servers NOT my connection.

Cynic
Reply to  ThomasC
30, April 2014 5:08 pm

10MB is very good, a great improvement on my 1MB!

Shame our local exchange- in the Intervention Area that is supposed to be the target of the BT contract- still has “no plans” for upgrade.

Cynic
Reply to  Cynic
30, April 2014 5:13 pm

“Exchange Name: BEMBRIDGE
Status: Not currently in rollout plans”
per (OpenReach website 30/4/14 @ 17:13)

davidwalter
28, April 2014 11:48 pm

I think that Sally’s main concern is the refusal by IWC to provide information that the law requires it to make available? There is some ombudsman work being carried out at the moment in a Commons Committee that Andrew Turner is sitting on so has personal knowledge of. See http://tinyurl.com/ku76e7e It’s on my list of things to look at in detail, meanwhile the Local Government Ombudsman http://www.lgo.org.uk/… Read more »