Access your council accounts

August 2nd, 2011 by heather

For 20 days in June, July or August, every council is legally required to open up its draft accounts for public inspection. Under the Audit Commission Act 1988 you have a legal right to see detailed contracts, invoices, receipts, books and bills, the right to make copies and the right to raise other points of interest with the auditor. This is one of the most powerful rights citizens in the UK have to uncover the nitty gritty details of how public bodies are spending public money.

Chances are if you rock up to your council office you may be the first one to do so in years. But don’t be put off. You have every right to be there and too few citizens make the effort to hold local councils accountable for the money they spend in the public’s name. Certainly as local newspapers disappear it could be that the local nosey parker is all that stands in the way of a corruption scandal continuing undetected for years.

You can find out when your local council (or police authority) holds its inspection period here. From March 2011, it is a legal requirement for English councils to advertise the public inspection details on their websites. About a third of councils did so in previous years. The very tenacious Richard Orange who runs the Orchard News Bureau rates each council for the transparency with which it informs the public of this important access right.

Read the rest of this entry »

Council name Start date End date
North East Derbyshire District Council Thursday, July 07, 2011 Wednesday, August 03, 2011
Blaby District Council Friday, July 08, 2011 Thursday, August 04, 2011
Blackburn with Darwen Borough Council Friday, July 08, 2011 Thursday, August 04, 2011
Dover District Council Friday, July 08, 2011 Thursday, August 04, 2011
Thanet District Council Friday, July 08, 2011 Thursday, August 04, 2011
London Borough of Bexley Monday, July 11, 2011 Friday, August 05, 2011
Bolsover District Council Monday, July 11, 2011 Friday, August 05, 2011
Boston Borough Council Monday, July 11, 2011 Friday, August 05, 2011
Calderdale Metropolitan Borough Council Monday, July 11, 2011 Friday, August 05, 2011
Cambridge City Council Monday, July 11, 2011 Friday, August 05, 2011
Canterbury City Council Monday, July 11, 2011 Friday, August 05, 2011
Charnwood Borough Council Monday, July 11, 2011 Friday, August 05, 2011
Chichester District Council Monday, July 11, 2011 Friday, August 05, 2011

Police hearings held in secret

June 29th, 2011 by Natalie

Freedom of Information requests have revealed that 48 police officers in Wales have faced serious misconduct hearings in the past three years, including allegations of assault, careless driving, drinking on duty and breach of confidentiality, all of which were held in secret.

Yesterday, the Western Mail reported that calls had been made for public hearings for police officers, in line with doctors, nurses and teachers. Councillor Malcolm King told the paper:

It is a balance between what harm is done by having them out in the open against what harm is done by not doing so.
For pubic services the question should always be, ‘are we being open enough with the public, do the public have a right to know and is it in the public interest?’ There needs to be a change in priorities.
All hearings should have to be held in public unless there is a good reason to have them in private, not the other way around.

A spokesman for Dyfed Powys Police, the force which was heavily criticised for arresting a citizen who refused to stop filming a public council meeting earlier this month, said the figures only referred to misconduct hearings, and that minor cases were brought to misconduct meetings as outlined by government policy. John Feavyour from the Association of Chief Police Officers defended the current system, saying other public professions only hold hearings in public when allegations are ‘serious breaches’ that ‘involve their professional bodies’.

Gwent police officers smashed the car window of Robert Whatley, 71, after he was pulled over for not wearing a seatbelt. He was denied access to the disciplinary hearing that vindicated the two officers involved, as was his lawyer. His son Peter pointed out that the hearing panels are made up of senior police officers rather than independents, and told the Western Mail:

These hearings need to be held in public simply for accountability. If a doctor is accused of breaching confidentiality or a teacher for assaulting a pupil they are made accountable in public hearings, why should it be any different for police officers? It is an antiquated system and sets a dangerous precedent.

Tom Whatley is right, and disciplinary hearings should be accessible, transparent and effective. If justice is not seen to be done, if it is done at all, then hearings serve little purpose other than to spare the blushes of chastised officers. If the public are to have confidence in the police, they need to see the police live under the same laws as the rest of the population, and face consequences when those laws and codes are broken.

FOI requests submitted by the Times (£)

Who’s laughing now: Lulzsec & census leak

June 21st, 2011 by heather

Update: Hacking collective Lulzsec have claimed the posting with their logo was not an ‘official’ hack by them but may have been the work of others getting on board their #AntiSec campaign. See http://www.guardian.co.uk/technology/2011/jun/21/lulzsec-census-2011-denial-twitter

Back in April I reported for the BBC’s Daily Politics show about the UK Census and why it was not only a waste of money as the data would already be outdated by the time it was useable, but also a security breach waiting to happen.

Yesterday, Lulz Security (LulzSec) a hacking group who describe themselves as “the world’s leaders in high-quality entertainment at your expense”, apparently claimed to have committed such a security breach, with an announcement posted on Pastebin of the acquisition of records of “every single citizen” who filled in the Census form. The anonymous hackers claimed they would reformat the data and make it available via The Pirate Bay.

Yesterday, LulzSec’s twitterfeed stated:

“Your tax money is being used to pay for things to not be secured so that people like us can take what you expect to be kept inaccessible.”

The group have previously released the X Factor contestants database and information from Fox.com and Sonypictures.com on their website.

The Met Police have confirmed reports that a 19-year-old they claim is one of the hackers behind LulzSec has been arrested in Wickford, Essex, though the group deny he was a leader.

The Office for National Statistics issued a weasely and vague statement that reveals some of the technical incompetence of this government organization. It seems they don’t even know whether or not they’ve been hacked:

We are aware of the suggestion that census data has been accessed. We are working with our security advisers and contractors to establish whether there is any substance to this. The 2011 Census places the highest priority on maintaining the security of personal data. At this stage we have no evidence to suggest that any such compromise has occurred.

To re-state the obvious. The only way information is truly secure is to not keep it in the first place. The Census should only have collected the absolute minimum needed to perform its function and most of this data was already available to government. Creating a central database of all UK citizen’s personal data (including their religion, race and sexual orientation) has served only to provide a convenient one-stop shop for miners of our personal information.

Surveillance: the other side of the lens

June 17th, 2011 by Natalie

Jacqui Thompson, a campaigner and blogger, was arrested last week by Dyfed Powys Police after she refused to stop filming a council meeting. She was angered by the way that members of Carmarthenshire Council had dismissed a petition (presented by elderly campaigners trying to save a local day centre) and decided to start recording the meeting on her phone. In her words, the reason for this was obvious: “People need to know what is going on in that Chamber.”

Ms Thompson refused to leave; she was not disturbing the meeting in anyway, or breaking the law, or contravening the council’s standing orders. The police were called, four officers arrived and Ms Thompson was arrested for breaching the peace. She was taken to a police station 30 miles away and held in a cell for two hours. News of the arrest quickly made its way onto Twitter, where the discussion earned the hash tag #DaftArrest.

The circumstances of the arrest were indeed daft. Legal blogger David Allen Green submitted several questions to the Dyfed Powys Police press office calling for an explanation as to why and under what circumstances Ms Thompson was arrested. Four days later an official response was emailed back and issued on their website. It was riddled with factual inaccuracies and gave no proper reason for the arrest itself (you can read David Allen Green’s full breakdown of the response here).

Ms Thompson pointed out the real injustice when she said: “I can’t quite believe what happened to me for trying to film a public meeting.”

Filming a public council meeting is not a breach of the peace, a fact that even the police attending the scene were confused over. The members of the council who called the police, including the Chair, were uncomfortable at being recorded when attending to issues of public concern, one of which being the petition signed by 1500 local residents. Jacqui Thompson’s arrest, as she puts it, is about the wider issues of local government transparency. Surveillance is power, but for ordinary citizens to be empowered is dangerous in the eyes of the council. Local authorities are clearly not happy to be on the other side of the lens.

Superinjunctions video

May 24th, 2011 by heather

Discussing superinjunctions and Twitter on Sky News.

Can superinjunctions survive the internet?

May 9th, 2011 by Natalie

“Injunction-busting” Twitter accounts stepped into the spotlight over the weekend, and have successfully whipped up the building storm on social networks and internet forums – with a helping hand from the media.

Judges and lawyers across the country must be scratching their heads this morning, perhaps wondering how information can be restricted once it gets onto the internet, to be replicated over and over again, usually by members of the public who feel little of the legal threat hanging over newsrooms. The flow of free speech that the internet allows is breaking down previously unwavering barriers of control. What good are one nation’s laws when information flows across a global jurisdiction? It becomes impossible to take action against hundreds of Twitter users simply for retweeting an allegation that is a contempt of Court in England.

Recently names have been flying around social networks with users speculating about who has an injunction. Wikipedia was forced to take action when information relating to superinjuctions was posted on individual celebrity pages.

Both Gabby Logan and Jemima Khan have furiously denied allegations that they have taken out injunctions. A popular anti-injunction sentiment says that if secrecy continues, more innocent parties could fall victim to erroneous name-and-shame campaigns, while those hiding behind genuine injunctions remain unscathed.

Opinion seems largely split between those who see injunctions as necessary to protect the private lives of celebrities and public figures from the prying eyes of the tabloid press, and those who see any prior restraint on media stories as dangerous – whether it concerns the sex life of a footballer or the secret dealings of a multinational company. It’s safe to assume that the right to privacy created by the Human Rights Act wasn’t designed to protect the sexual indiscretions of the rich and famous, although that seems to be its primary role in the UK court system.

Celebrity sex lives may be none of our business and potentially cloud a ‘public interest’ defence for breaking injunctions, but they are a national fascination. The air of mystery surrounding potential splash stories has the public gagging for more details, whether people are happy to admit personal interest or not.

Journalists at the national newspapers are rubbing their hands with glee, and the Daily Mail and Telegraph in particular have sailed close to the wind with innuendo-laden comment pieces. The Daily Mail went so far as to put the injunction fiasco on their front page this morning.

While the media may be bound by the shackles of legal restraint, the internet remains beyond the control of English judges. The great debate is whether or not that is such a bad thing. As the uprisings in the Middle East show, free flows of information beyond the control of established authority can lead to surprising results.

Daily Politics: The Census

April 7th, 2011 by heather

A piece I recorded for the BBC Daily Politics show on the 2011 Census.

Two sides of online censorship

April 6th, 2011 by Natalie

Communications minister Ed Vaizey recently commented on the planned additions to the EU data protection directive saying changes need to be both “practical and proportionate”. The additions focus on the right to be forgotten online, particularly for users of social networking sites. That could require websites to delete data held about individuals and inform people how their personal information is handled.

Vaizey says he’s concerned the directive could give people false expectations, saying: ‘No government can guarantee that photos shared with the world will be deleted by everyone when someone decides it’s time to forget.’ The minister is worried that implementing revisions could “stifle innovation”, although he doesn’t explain how allowing users to control their personal information could result in hindering international business development.

Internet users do need more information about how their data is stored and used – and that should be readily provided by website owners – but giving individuals a right to delete personal data from the internet is obviously the more contentious point, perhaps stemming from an idea that people will use a right to be forgotten to edit personal history to the detriment of free speech.

Interestingly, Vaizey is also one of the main players in the proposed ‘Great Firewall of Britain’, a self-regulatory scheme which would allow the government to block websites that music and film companies accuse of copyright infringement. Several civil liberties groups, including The Open Rights Group (ORG), have raised concerns that this could lead to a heavy-handed approach resulting in excessive legal claims and censorship of legitimate material.

Jim Killock of ORG called this proposal a backdoor private arrangement between the government and rights-holders without the scrutiny that judges or a formal act of parliament would require. The democracy of the scheme is certainly called into question – who will decide which sites can be blocked and why? Who will oversee these decisions to make sure they are democratic? It seems that ISPs would be allowed to blacklist censored sights with no judicial review.

Vaizey is concerned that implementing a right to be forgotten could stifle innovation. But the proposed firewall has been accused of leading to a situation where censorship could be done at will. The message seems to be that giving individuals the right to block or delete online is dangerous, while large corporations and the state can go right ahead.

Council meetings secretly filmed by security spies

April 1st, 2011 by Natalie

Yesterday the Ham & High newspaper revealed that security officers for Barnet Council have been wearing hidden cameras to spy on residents and “amass evidence”.

The cameras were used as officers patrolled town hall meetings and guarded council property, including at a budgetary meeting in March where seven officers from the firm MetPro prevented members of the public from entering the building.

One 85-year-old resident told the paper the security staff were an “intimidating presence” who created a “menacing element” in the meeting room. He compared the officers to Hitler’s SS force, and added, ‘I had no sense of being involved in a democratic occasion whatsoever.’

Apparently MetPro’s secretary Kevin Sharkey drove up to a resident’s forum in a blacked-out security car and ‘boasted of filming residents and monitoring blog and twitter activity’ at the March meeting.

Barnet council responded to the article by claiming they did not authorise the cameras and have since terminated their contract with the firm, which has been in place since 2006. A spokesperson said: ‘Unlike some other London boroughs, the setting of the budget in Barnet at cabinet and council was held with the public present and at the advertised time and place.’

As campaign group Big Brother Watch points out, the company still carries testimonials from Barnet council on its website.

New surveillance code could ‘enhance’ CCTV

March 15th, 2011 by Natalie

The Home Office has released a consultation document outlining a code of practice that could require local authorities and police forces to reveal the locations of all CCTV and number plate recognition cameras on the auspices of addressing citizens’ concerns about state intrusion into private life.

Surveillance cameras in privately owned areas such as car parks and shopping centres will not be covered but the Home Office “hopes” these organisations will see the benefits of adopting the code.

Despite this apparent concern for state surveillance, if not private surveillance, the government is still working on higher resolution, discrete digital cameras with powerful zoom potential and 360 degree vision, which could be combined with facial recognition software in the future. The consultation states:

Our approach to establishing a new regulatory framework is therefore intended to provide a means through which public confidence in CCTV, ANPR, and other such systems, is improved by ensuring that there is proper transparency and proportionality in their use. We also aim to ensure that the considerable investment in technologies such as CCTV yields worthwhile returns by ensuring that they are operated as efficiently and effectively as possible.

Could it be this sudden interest in our civil liberties is less significant that ensuring ‘worthwhile returns’?