FOI

We have an interesting story in the Southern Reporter of 10th April concerning a Freedom of Information request. Following stories about toxic waste sites, such as Violet Bank in Peebles which came to light in the discussion of the highly contraversial decision to site the town's new primary school at Neidpath Grazings, the Southern asked SBC how many other toxic waste sites it is aware of across the Scottish Borders.

SBC declined to answer. The Council claims that the relevant Act gives them a get-out; the Council has not yet completed a survey of the toxic waste sites of which it is aware, and to give out information ahead of completing a full survey might cause public confusion.

Fair enough, perhaps. Public release of information about potentially dangerous toxic sites will have to wait until completion of a full survey, so as not to cause unnecessary consternation.

However, nothing is ever simple in life. The Council cannot give a date when the survey will be complete. In fact, the Council does not have any employee qualified to carry out the survey.

The Southern has decided to take its FOI request to the Information Commissioner for Scotland.

Meanwhile, we are left with several unanswered questions. When will the Council complete the survey of toxic sites? Perhaps never? I don't know if the Council intends to take on a person able to survey toxic waste sites.

Presumably, Scottish Borders Council has in mind a list of sites about which it is not releasing information. How will planning applications for land which includes possible contaminated areas be dealt with? If planning permission is refused, will the reasons be given?

I am surprised that the Act gives the Council such an easy get-out, but I am not surprised that SBC is prepared to deny the public information on the grounds that knowing the facts might cause the public to get confused. It seems that all too often, public bodies are not prepared to tell the people who pay their wages the facts until after those facts have been digested, decisions have been made and a suitable public line has been agreed.