NORTHERN IRELAND
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Freedom
of Information Publication Scheme October 2002 (revised January 2005) |
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.
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 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).
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Information Withheld |
Reason for
Withholding |
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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. |
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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. |
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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. |
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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;
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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. |
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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. |
3.3 A
list and definitions of the classes of information available is as follows:-
NILGOSC Committee
Committee
member details, meetings dates, minutes of meetings, declaration of interests,
sub-committee terms of reference, management statement, code of practice for
Committee Members
Corporate Purpose
NILGOSC
Vision, mission, corporate plan
NILGOSC Management
Staff
Responsibilities, Annual Budget, Contact Details, Employment Policies,
Management Polices, Equality Scheme
NILGOSC Performance
Annual
Accounts, Annual Report, Audit Report, Performance Measures, Performance
Figures, Complaints Procedure
Fund Management
Statement
of Investment Principles, Investment Performance, Actuarial Information, Annual
report of fund managers, annual market report, major holdings
Pension Administration
Regulations
followed, Guidance followed, Scheme Guides, List of Employers, Employer
Circulars
3.4 The
following classes may include exclusions:-
All Classes
Requests
for information of a historic nature over two years old which are no longer
current with the exception of the annual accounts and regulations.
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
4.1
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.
4.2
If we cannot provide the information
within 20 working days we will advise you.
4.3
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.
4.4
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.
4.5 Examples of
some exemptions that NILGOSC may apply include:
·
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
·
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.
·
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.
·
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.
·
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
requested under this Scheme will be available in a variety of formats namely in
hard copy on request from the Information Officer at NILGOSC, on CD, Audio
Cassette, or other alternative format by special request, by inspection 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 such as
an audio transcription, please contact the Information Officer as follows:
In
writing: at the address
below
By
Telephone: (028) 9076 8025
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
BT4
2LP
5.4 To
access the information from the NILGOSC website please visit:
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. 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 re-imbursed 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
Tel:
01625 545 700
Fax:
01625 5524510