NORTHERN IRELAND LOCAL GOVERNMENT OFFICERS’ SUPERANNUATION COMMITTEE

 

 

http://63.240.68.51/ImageWarehouse/RF/CompingVersions/0011000/11500-11999/KS11588.JPG

 

 

Freedom of Information

 

Publication Scheme

 

October 2002

(revised January 2005 and January 2009)

 

 

 

1             Introduction

 

1.1        The Northern Ireland Local Government Officers’ Superannuation Committee (NILGOSC) is a statutory body established on 1 April 1950 by the Local Government (Superannuation) Act 1950 to administer a pension scheme and maintain a fund providing pension benefits for employees of local authorities and other admitted bodies.

 

1.2        This document is the Publication Scheme (the Scheme) required under the Freedom of Information Act (2000). The Deputy Secretary has overall responsibility for the Scheme.  The Information Officer has day-to-day responsibility for Freedom of Information issues. 

 

1.3        The Freedom of Information Act 2000 received Royal Assent on 30 November 2000.  It gives a general right of access to all types of recorded information held by public authorities, sets out exemptions from that right and places a number of obligations on public authorities.  A ‘public authority’ is defined in the Act, and includes but is not restricted to central and local government, non-departmental public bodies, the police, the health service and schools, colleges and universities. NILGOSC is such a Public Authority. Any person who makes a request to a public authority for information must be informed whether the public authority holds that information and, subject to exemptions, supplied with that information. 

 

1.4        Individuals already have the right of access to information about themselves under the Data Protection Act 1998.  As far as public authorities are concerned, the Freedom of Information Act will extend this right to allow public access to all types of recorded information held. 

 

1.5        Every public authority will be required to adopt and maintain a publication scheme setting out the classes of information it holds, the manner in which it intends to publish the information, and whether a charge will be made for the information.  The purpose of a scheme is to ensure a significant amount of information is available, without the need for a specific request. Schemes are intended to encourage organisations to publish more information pro-actively and to develop a greater culture of openness.

 

 

2             Notes on Using the Scheme

 

2.1        This Publication Scheme sets out the information that NILGOSC will publish and how it will do so.  The classes of information to be published are set out under defined headings which reflect the categories of information provided by NILGOSC.

 

2.2        Publication does not refer solely to printed material.  Publication has been interpreted as broadly as possible to include electronic documents, information on the website, minutes of meetings, reports and leaflets.

 

2.3        It is intended, as far as possible, to make material available on the NILGOSC website on an ongoing basis (www.nilgosc.org.uk/foi.html).  If an individual does not have access to the internet a single print-out of a specific page will be provided on request (please refer to section 6 on Charging).

 

 

3             Published Information

 

3.1        NILGOSC will publish information in compliance with its Code of Openness adopted in 1999. The aims of the code are:-

·         to improve policy-making and the democratic process by extending publication of the facts and analyses which provide the basis for the consideration of proposed policy;

 

·         to protect the interests of individuals and employing authorities by ensuring that reasons are given for administrative decisions, except where there is statutory authority or established convention to the contrary;

 

·         to support and extend the principles of public service established under the Citizen's Charter. 

 

3.2        Information held by NILGOSC which is not published under this scheme can be requested in writing and its provision will be considered in accordance with the provisions of the Freedom of Information Act (2000). See section 4 below.

 

3.3        Limited information will not be published under the Freedom of Information Act and an explanation of why such information will be withheld is given below.  Where such information is classified as a ‘Qualified Exemption’, as defined in the FOI Act 2000, this will be subject to the Public Interest Test.  An individual may have rights to view this information under the Data Protection Act (1998).

 

Information Withheld

Reason for Withholding

Internal discussion and advice

Information whose disclosure would harm the frankness and candour of internal discussion, including:

·         proceedings of Committee Meetings (but not Committee Minutes);

·         internal opinion, advice, recommendation, consultation and deliberation;

·         projections and assumptions relating to internal policy analysis of alternative policy options and information relating to rejected policy options;

·         confidential communications with public bodies including regulatory bodies.

Investment Management

Information related to the Committee's individual investments which is market sensitive or whose disclosure might be in contravention of insider dealing legislation.

Law Enforcement and Legal Proceedings

Information whose disclosure could prejudice the administration of justice, including fair trial and the enforcement or proper administration of the law.

 

Information whose disclosure would be likely to prejudice the prevention, investigation or detection of crime, or the apprehension or prosecution of offenders.

 

Information covered by public interest immunity or legal professional privilege, or which could prejudice legal proceedings, public inquiries or other formal investigations or proceedings (whether actual or prospective) or whose disclosure is, has been or is likely to be addressed in the context of such proceedings.  This includes information relating to proceedings which have been completed or discontinued, or relating to investigations which have or might have resulted in proceedings.

Effective management and operations of the public service

Information whose disclosure could lead to improper gain or advantage or could reasonably be expected to prejudice:

·         the competitive position of a department or other public authority;

·         negotiations or the effective conduct of personnel management, or commercial or contractual activities;

  • Information whose disclosure would harm the proper and efficient conduct of the operations of the Committee.

Public employment, public appointments and honours

 

Personnel records (relating to public appointments as well as employees of public authorities) including those relating to recruitment, promotion and security vetting.

 

Information, opinions and assessments given in confidence in relation to public employment and public appointments.

 

Information, opinions and assessments given in relation to recommendations for honours.

Privacy of an individual

 

Unwarranted disclosure to a third party of personal information about any person (including a deceased person) or any other disclosure which would constitute or could facilitate an unwarranted invasion or privacy or be in breach of the Data Protection Act.

 

3.4        A list and definitions of the classes of information available can be found in Appendix 1 of this document.

 

3.5        The following classes may include exclusions:-

 

3.5.1  All Classes
 
With the exception of the annual accounts and regulations, requests for information that is no longer readily available as it is contained in files that have been placed in archive storage or is difficult to access for similar reasons.

 

3.5.2  NILGOSC Committee
 
Minutes of meetings which refer to individual persons, commercially sensitive information, information whose disclosure could prejudice the administration of justice, information whose disclosure could lead to improper gain regarding the effective management of the public service, information regarding personnel records or internal guidance given in confidence.

 

4             Information not listed in this Publication Scheme

 

From 1st January 2005 the FOI Act allows for an individual to ask for information not readily accessible via this Publication Scheme.  To do so you should submit a written (or e-mail) request including your name, address and a description of the information requested.  You should provide as much detail as possible to help us identify the information you are seeking.  Requests should be addressed to the Information Officer at NILGOSC at the address shown in section 5.3 of this document.

 

4.1        If we cannot provide the information within 20 working days we will advise you.

 

4.2        NILGOSC will abide by the exemptions set out in the Freedom of Information Act 2000.  The Act sets out a total of 23 exemptions where the disclosure of confidential or other information needs to be protected to prevent prejudice to the interests of others. There are two categories of exemption, namely ‘Qualified’ and ‘Absolute’ Exemptions.  All Qualified Exemptions will be subject to what is known as the Public Interest Test.

 

4.3        When applying the Public Interest Test NILGOSC will decide in any particular case if it serves the interests of the public better to withhold or to disclose information.

 

4.4        Examples of some exemptions that NILGOSC may apply include:

 

4.4.1  Information Reasonably Accessible to the Applicant by Other Means – NILGOSC will not provide information if that information is reasonably accessible to an applicant by other means (eg if information is made available via the NILGOSC Publication Scheme).  This exemption is an Absolute Exemption and therefore will not be subject to the Public Interest Test

 

4.4.2  Personal Information – If the person making a personal data requests is the subject then there is not a right to know under the FOI Act.  This is an Absolute Exemption.  However, such a request automatically becomes a subject access request under the Data Protection Act and will be treated as such.  If the personal data is about someone other than the applicant there is an exemption if disclosure would breach any of the Data Protection Principles.

 

4.4.3  Commercial Interests – information would not be disclosed if its release is likely to prejudice the commercial interests of any person.  This exemption will also be subject to the Public Interest Test.

 

4.4.4  Information Provided in Confidence – Unless there is an overriding public interest, NILGOSC will not disclose information that has been provided by another person (the confider) with an expectation that the it will only be used or disclosed in accordance with the wishers of the confider.

 

4.4.5  Information Intended for Future Publication – NILGOSC may not release information when requested if that information is held with the intention of future publication.  This exemption is also subject to the Public Interest Test.

 

 

5             Method of Publication

 

5.1        Information will be provided in hard copy format in the language in which it is held or such other language that is legally required.  NILGOSC will be mindful of its obligations under disability and equality legislation and will provide information in other formats (such as large print, audio and minority languages) when requested.  Information can also be inspected at the NILGOSC Office by prior appointment, or from the NILGOSC website. 

 

5.2        To obtain a hard copy of information or to obtain an alternative version, please contact the Information Officer as follows:

 

In writing:          at the address below

 

By Telephone:    (028) 9076 8025

 

By Typetalk:       18001 028 9076 8025 (for people using a text phone)

 

By Fax:              (028) 9076 8790

 

By E-mail:          info@NILGOSC.org.uk

 

 

5.3        To inspect information at the NILGOSC premises please make an appointment by contacting the Information Officer. The Information Officer can also provide directions to the premises which are located at:

 

Templeton House

411 Holywood Road

Belfast

BT4 2LP

 

 

5.4        To access the information from the NILGOSC website please visit:

 

        www.nilgosc.org.uk/FOI.htm

       

        This site contains the up to date version of the Freedom of Information Publication Scheme plus links to information described in each class.

       

 

6             Charges for Information

 

6.1        Information will be provided free of charge if available on the website (ie there is no charge by us, although the user will have to meet any charges imposed by their Internet service provider, personal printing costs etc). Single copies of paper and alternative versions of documents will also be provided free of charge however, a reasonable charge will be levied if multiple copies are required. Details of the charges can be obtained from the Information Officer. There will be no fee for inspection of documents at the NILGOSC premises but it should also be noted that travel expenses will not be reimbursed for such inspections.

 

6.2        The above charges apply to information to be used for private study or research. If you wish to use the information for commercial gain or intend to reproduce copyrighted NILGOSC documents in other formats please contact the Information Officer for details of charges.

 

 

7             Right to Appeal and the Complaints Procedure

 

7.1        If you are dissatisfied with how NILGOSC has handled your request for information in this Publication Scheme you may wish to invoke an internal review of the request.  To do so you should apply, in writing, to the Secretary at the address shown at 5.3 above.

 

7.2        If, after 1 January 2005 when the individual right to request information comes into place, you are dissatisfied with how NILGOSC has handled your request for information you may wish to invoke an internal review of the request.  You should apply, in writing, to the Secretary at the address shown at 5.3 above.  If you are dissatisfied with the response you can make a further appeal by writing to the Committee at the address shown at 5.3 above.

 

7.3        If an applicant remains dissatisfied with the response from NILGOSC either because of a delay in providing information or a decision not to provide the requested information he/she can seek an independent review of that decision by the Information Commissioner.

 

7.4        Requests for a review by the Information Commissioner should be made in writing to:

 

        The Information Commissioner

Wycliffe House

Water Lane

Wilmslow

Cheshire SK9 5AF

Tel: 01625 545 700

Fax: 01625 5524510


Appendix 1

Published Information

 

Classes of Information

Information Available

Method of Publication

Charges

NILGOSC Committee

·    Committee Meetings and Member Details – this document provides information on the current Committee members, meeting dates, minutes of meetings*, and declaration of interests.

·    Sub-committee terms of reference – this document provides information relating to the terms of reference of the Audit Committee and Staffing Committee.

·    Management statement – provides detail on the relationship of the Department of the Environment and NILGOSC.

·    Code of Practice for Committee Members – sets out the Code of Best Practice for Committee Members.

 

Website – www.nilgosc.org.uk/foi.html

 

 

Post – by writing to the Information Officer at the address shown in section 5

 

 

*It should be noted that it may not be possible to release Committee meeting minutes in full – please refer to section 3

Free of charge from website. 

 

Single print will be provided free of charge.  NILGOSC reserves the right to charge for the production of multiple copies of documents which are otherwise free of charge.

Corporate Purpose

·    Corporate Plan – this document provides information on the NILGOSC vision, mission and the corporate plan for the current year.

Website – www.nilgosc.org.uk/foi.html

 

 

Post – by writing to the Information Officer at the address shown in section 5

Free of charge from website. 

 

Single print will be provided free of charge.  NILGOSC reserves the right to charge for the production of multiple copies of documents which are otherwise free of charge.

 

NILGOSC Management

·    Staff Responsibilities – an overview of the current organisation structure.

·    Annual budget – this links to the most recent corporate plan which also provides detail on the annual budget.

·    Contact details – this page provides details on office opening hours, telephone, typetalk and fax numbers, the office address and email address.

·    *Employment Policies – this is our Staff Handbook which contains all staff employment policies.

·    Equality Scheme – this will provide details on our Equality Scheme as well as information relating to Equality Impact Assessments.

·    Purchasing Policy – sets out methods used for Purchasing goods and services of varying amounts and values.

Website – www.nilgosc.org.uk/foi.html

 

 

Post – by writing to the Information Officer at the address shown in section 5

 

 

*A copy of the Staff Handbook is not available on our website however a copy can be made available on request.

Free of charge from website. 

 

Single print will be provided free of charge.  NILGOSC reserves the right to charge for the production of multiple copies of documents which are otherwise free of charge.

NILGOSC Performance

·    Annual Accounts – this shows the most recent financial statement for the Fund.

·    Annual Report – this links to the most recent Annual Report and Accounts and also includes a report from the Local Government Auditor.

·    Performance Measures – this provides detail on the service standards set for the activities carried out by the Committee along with a summary of the standards achieved in the previous year.

·    Complaints Procedure – this provides detail on the procedure for someone who may wish to raise a complaint.

Website – www.nilgosc.org.uk/foi.html

 

 

Post – by writing to the Information Officer at the address shown in section 5

Free of charge from website. 

 

Single print will be provided free of charge.  NILGOSC reserves the right to charge for the production of multiple copies of documents which are otherwise free of charge.

Fund Management

·    Statement of Investment Principles – this document sets out the principles governing decisions on the investment of assets of the NI Local Government Pension Fund.

·    Investment Performance – this document provides information on Fund Management and Value, Investment Objectives and Performance, Annual Market Report and Major Holdings.

·    Actuarial Information – this links to the most recent report from the Acutary and the valuation results.

Website – www.nilgosc.org.uk/foi.html

 

 

 

Post – by writing to the Information Officer at the address shown in section 5

Free of charge from website. 

 

Single print will be provided free of charge.  NILGOSC reserves the right to charge for the production of multiple copies of documents which are otherwise free of charge.

Pension Administration

·    Regulations and Guidance followed – this page provides a list and links of the legislation which applies to the administration of pensions by NILGOSC.

·    Scheme Guides – this provides links to various pieces of information for employers and members including – Administering the Regulations, Guide to NILGOSC Forms, Members Guide etc.

·    List of Employers – this provides a list of Employing Authorities contributing to the Scheme.

·    Employer Circulars – this document provides links to all the mailshots and guidance notes issued to Employing Authorities since 1998.

·    Contact Us – this page provides details on office opening hours, telephone, typetalk and fax numbers, the office address and email address.

Website – www.nilgosc.org.uk/foi.html

 

 

Post – by writing to the Information Officer at the address shown in section 5

Free of charge from website. 

 

Single print will be provided free of charge.  NILGOSC reserves the right to charge for the production of multiple copies of documents which are otherwise free of charge.