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> Information Tribunal orders NTC to Publish Cracks Reports, NTC orderd to publish hydrogeological reports by 2 May
Simon Kirby
post Apr 16 2015, 04:55 PM
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Linky

The Information Tribunal has ruled that the public have a right to see the hydrogeological reports and NTC have been given until the 2nd of May to publish them.

After all the public talk about not being able to publish because of a "confidentiality agreement" the Council didn't even argue that point with the Information Tribunal and instead assert litigation privilege in the reports. However, the Tribunal agreed with the appeal and found that the reports were not legally privileged, but went further and said that even if they had been the public interests would still have been string enough to override any objection to publication.

It should never have taken this much effort to see the reports - and the Council might yet ask leave to appeal the judgment which will delay publication until after the election - but point is the Council should have been open about the reports from the off, and then there would have been much less cynicism about the sense of pursuing the claim. As it is it'll be interesting to see if the reports do indeed support a four and a half year dispute.

Attached File  cracks_judgment.pdf ( 440.57K ) Number of downloads: 39


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On the edge
post Apr 17 2015, 09:36 PM
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I couldn't agree more and to think I was one of those who thought the Charter Trustee arrangement was opaque, not fair or democratic governance. How wrong can you be!
It's failed and I can't see how the current arrangements would produce any difference. I'd also agree that this is primarily down to party politics.


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Andy Capp
post Apr 17 2015, 09:46 PM
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QUOTE (On the edge @ Apr 17 2015, 10:36 PM) *
I couldn't agree more and to think I was one of those who thought the Charter Trustee arrangement was opaque, not fair or democratic governance. How wrong can you be!
It's failed and I can't see how the current arrangements would produce any difference. I'd also agree that this is primarily down to party politics.

In this instance, it seems a matter of poor governance as much anything else. There are some quite embarrassing statements in the judgement. It really does look like the council were desperate to conceal something. I suppose the council felt quite confident on the back of the court case where Simon's complaint was thrown-out on a technicality, so they might not have seen this coming.

On the face of it, they seem to have received poor advice, or, they are guilty of poor decision making.


Subject to an appeal of course.


It is a big shame that the Newbury Weekly News don't seem to find the story of any interest. Someone had their purse nicked in broad daylight, apparently.
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Posts in this topic
- Simon Kirby   Information Tribunal orders NTC to Publish Cracks Reports   Apr 16 2015, 04:55 PM
- - Andy Capp   Update: I see that the tribunal seem to believe in...   Apr 16 2015, 07:35 PM
- - Turin Machine   QUOTE (Andy Capp @ Apr 16 2015, 08:35 PM)...   Apr 16 2015, 11:01 PM
- - On the edge   Now map this against all the public pronouncements...   Apr 17 2015, 06:03 AM
- - Andy Capp   From the evidence above, we have a 'rotten par...   Apr 17 2015, 08:18 AM
- - Berkshirelad   i've been doorstepped by a candidate for elect...   Apr 17 2015, 08:14 PM
|- - NWNREADER   QUOTE (Berkshirelad @ Apr 17 2015, 09:14 ...   Apr 17 2015, 08:23 PM
|- - Simon Kirby   QUOTE (Berkshirelad @ Apr 17 2015, 09:14 ...   Apr 17 2015, 08:34 PM
- - Cognosco   When the history of all this is reviewed the quest...   Apr 18 2015, 09:42 AM
- - gel   Transparency Perhaps the Gov't Minister tha...   Apr 18 2015, 03:56 PM
- - On the edge   Yes, it is quite an eye opener; this little Counci...   Apr 18 2015, 04:41 PM
|- - Simon Kirby   QUOTE (On the edge @ Apr 18 2015, 05:41 P...   Apr 18 2015, 05:24 PM
- - Petra   Dear all, I disagree with The Information Tribuna...   Apr 20 2015, 06:15 PM
|- - Turin Machine   QUOTE (Petra @ Apr 20 2015, 07:15 PM) Dea...   Apr 20 2015, 06:30 PM
|- - Andy Capp   QUOTE (Petra @ Apr 20 2015, 07:15 PM) Dea...   Apr 20 2015, 06:56 PM
||- - Petra   QUOTE (Andy Capp @ Apr 20 2015, 06:56 PM)...   Apr 21 2015, 07:36 PM
||- - Andy Capp   QUOTE (Petra @ Apr 21 2015, 08:36 PM) 1. ...   Apr 21 2015, 07:50 PM
|||- - Petra   QUOTE (Andy Capp @ Apr 21 2015, 07:50 PM)...   Apr 22 2015, 06:20 PM
|||- - Andy Capp   QUOTE (Petra @ Apr 22 2015, 07:20 PM) 1. ...   Apr 22 2015, 06:48 PM
|||- - Petra   QUOTE (Andy Capp @ Apr 22 2015, 06:48 PM)...   Apr 23 2015, 06:40 PM
|||- - Andy Capp   QUOTE (Petra @ Apr 23 2015, 07:40 PM) Dea...   Apr 23 2015, 09:52 PM
|||- - Andy Capp   Interesting that JSH said they didn't want to ...   Apr 24 2015, 12:02 AM
|||- - MontyPython   QUOTE (Petra @ Apr 23 2015, 06:40 PM) Dea...   Apr 24 2015, 02:12 PM
|||- - Cognosco   QUOTE (MontyPython @ Apr 24 2015, 03:12 P...   Apr 24 2015, 02:55 PM
||- - Exhausted   QUOTE (Petra @ Apr 21 2015, 08:36 PM) . 2...   Apr 21 2015, 08:51 PM
||- - Simon Kirby   QUOTE (Petra @ Apr 21 2015, 08:36 PM) Usu...   Apr 21 2015, 09:03 PM
|- - On the edge   QUOTE (Petra @ Apr 20 2015, 07:15 PM) Dea...   Apr 20 2015, 09:17 PM
||- - Andy Capp   QUOTE (On the edge @ Apr 20 2015, 10:17 P...   Apr 20 2015, 10:50 PM
||- - On the edge   QUOTE (Andy Capp @ Apr 20 2015, 11:50 PM)...   Apr 21 2015, 06:26 AM
||- - x2lls   QUOTE (On the edge @ Apr 21 2015, 07:26 A...   Apr 21 2015, 03:24 PM
|- - Exhausted   QUOTE (Petra @ Apr 20 2015, 07:15 PM) All...   Apr 21 2015, 04:05 PM
|- - Cognosco   QUOTE (Exhausted @ Apr 21 2015, 05:05 PM)...   Apr 21 2015, 05:05 PM
- - Cognosco   Petra "That is why we have PMs and Councillo...   Apr 20 2015, 07:17 PM
|- - Petra   QUOTE (Cognosco @ Apr 20 2015, 07:17 PM) ...   Apr 21 2015, 07:37 PM
- - Simon Kirby   I understand from Charlie Farrow that at the Town ...   Apr 20 2015, 07:35 PM
- - Andy Capp   Here's the rub: "...it is very hard to un...   Apr 20 2015, 07:38 PM
|- - Simon Kirby   QUOTE (Andy Capp @ Apr 20 2015, 08:38 PM)...   Apr 20 2015, 08:14 PM
- - Andy Capp   So the only practical reason why the council would...   Apr 20 2015, 08:51 PM
- - Andy Capp   The thing is, mankind has got where he is today be...   Apr 21 2015, 11:14 AM
|- - Simon Kirby   QUOTE (Andy Capp @ Apr 21 2015, 12:14 PM)...   Apr 21 2015, 01:18 PM
- - Cognosco   That tribunal had better watch out the Council may...   Apr 21 2015, 03:18 PM
- - Andy Capp   I'm not sure if I have misunderstood the judge...   Apr 21 2015, 03:29 PM
|- - Simon Kirby   QUOTE (Andy Capp @ Apr 21 2015, 04:29 PM)...   Apr 21 2015, 05:59 PM
|- - Andy Capp   QUOTE (Simon Kirby @ Apr 21 2015, 06:59 P...   Apr 22 2015, 01:53 AM
|- - Simon Kirby   QUOTE (Andy Capp @ Apr 22 2015, 02:53 AM)...   Apr 22 2015, 06:52 AM
- - Simon Kirby   NTC publish the hydrogeologicalreports: http://www...   Apr 22 2015, 02:04 PM
- - Strafin   Wow, great work Simon!   Apr 22 2015, 04:43 PM
|- - Simon Kirby   QUOTE (Strafin @ Apr 22 2015, 05:43 PM) W...   Apr 22 2015, 07:36 PM
|- - Cognosco   QUOTE (Simon Kirby @ Apr 22 2015, 08:36 P...   Apr 22 2015, 07:56 PM
|- - Strafin   QUOTE (Simon Kirby @ Apr 22 2015, 08:36 P...   Apr 23 2015, 06:58 AM
|- - Turin Machine   QUOTE (Strafin @ Apr 23 2015, 07:58 AM) P...   Apr 23 2015, 09:35 AM
- - Andy Capp   I don't understand it.   Apr 22 2015, 05:56 PM
|- - Cognosco   QUOTE (Andy Capp @ Apr 22 2015, 06:56 PM)...   Apr 22 2015, 06:02 PM
- - Andy Capp   LOL - Have you read it yet Simon; what does it mea...   Apr 22 2015, 05:56 PM
|- - Simon Kirby   QUOTE (Andy Capp @ Apr 22 2015, 06:56 PM)...   Apr 22 2015, 08:41 PM
- - Andy Capp   On a more serious note: now what? we are left wit...   Apr 22 2015, 07:14 PM
- - Exhausted   Both the report and the addendum which have now be...   Apr 22 2015, 07:42 PM
|- - Simon Kirby   QUOTE (Exhausted @ Apr 22 2015, 08:42 PM)...   Apr 22 2015, 08:23 PM
|- - Andy Capp   QUOTE (Exhausted @ Apr 22 2015, 08:42 PM)...   Apr 22 2015, 09:03 PM
- - Ruwan Uduwerage-Perera   Congratulations goes to Simon Kirby and Mark Knigh...   Apr 23 2015, 09:53 AM
|- - GMR   QUOTE (Ruwan Uduwerage-Perera @ Apr 23 2...   Apr 23 2015, 02:44 PM
|- - Cognosco   QUOTE (Ruwan Uduwerage-Perera @ Apr 23 2...   Apr 23 2015, 05:32 PM
|- - Simon Kirby   QUOTE (Ruwan Uduwerage-Perera @ Apr 23 2...   Apr 23 2015, 08:53 PM
- - Nothing Much   I only pass by for a yearly Newt.... My vote is fo...   Apr 23 2015, 10:31 AM
- - Nothing Much   I think..SOLACE. has a lot to answer for. ce   Apr 23 2015, 10:53 AM
- - Nothing Much   And MM as well   Apr 23 2015, 12:55 PM
- - NWNREADER   Is Petra related to Pauline?   Apr 23 2015, 02:47 PM
- - On the edge   Thanks Ruwan! Just for the avoidance of doubt...   Apr 23 2015, 05:58 PM
|- - Simon Kirby   QUOTE (On the edge @ Apr 23 2015, 06:58 P...   Apr 23 2015, 08:54 PM
- - Exhausted   For those of you who have read the report, has any...   Apr 23 2015, 07:05 PM
- - J C   You've got my vote OtE! As would you Simon...   Apr 23 2015, 09:34 PM
|- - Simon Kirby   QUOTE (J C @ Apr 23 2015, 10:34 PM) You...   Apr 23 2015, 10:01 PM
|- - On the edge   QUOTE (J C @ Apr 23 2015, 10:34 PM) You...   Apr 24 2015, 06:20 AM
- - Andy Capp   Sadly the electorate are sheep, so I would be surp...   Apr 23 2015, 10:02 PM
- - Andy Capp   Would someone clarify if all this stuff is incumbe...   Apr 23 2015, 10:42 PM
- - Andy Capp   It saves talking on-topic. I have no idea where t...   Apr 24 2015, 04:30 PM
|- - Simon Kirby   QUOTE (Andy Capp @ Apr 24 2015, 05:30 PM)...   Apr 24 2015, 05:27 PM
|- - Lolly   QUOTE (Andy Capp @ Apr 24 2015, 04:30 PM)...   Apr 24 2015, 05:46 PM
||- - On the edge   QUOTE (Lolly @ Apr 24 2015, 06:46 PM) Any...   Apr 24 2015, 06:30 PM
|||- - Cognosco   QUOTE (On the edge @ Apr 24 2015, 07:30 P...   Apr 24 2015, 06:42 PM
||- - Simon Kirby   QUOTE (Lolly @ Apr 24 2015, 06:46 PM) Any...   Apr 24 2015, 07:21 PM
|- - On the edge   QUOTE (Andy Capp @ Apr 24 2015, 05:30 PM)...   Apr 24 2015, 06:27 PM
|- - Andy Capp   QUOTE (On the edge @ Apr 24 2015, 07:27 P...   Apr 24 2015, 08:01 PM
|- - On the edge   QUOTE (Andy Capp @ Apr 24 2015, 09:01 PM)...   Apr 24 2015, 09:01 PM
|- - Andy Capp   QUOTE (On the edge @ Apr 24 2015, 10:01 P...   Apr 24 2015, 09:14 PM
- - MontyPython   Petra's posts remind me of the "Bag Lady...   Apr 24 2015, 04:46 PM
|- - GMR   QUOTE (MontyPython @ Apr 24 2015, 05:46 P...   Apr 24 2015, 04:59 PM
- - Simon Kirby   Let me play Devil's Advocate here: Consider t...   Apr 24 2015, 10:03 PM
|- - Andy Capp   QUOTE (Simon Kirby @ Apr 24 2015, 11:03 P...   Apr 24 2015, 10:31 PM
|- - blackdog   QUOTE (Simon Kirby @ Apr 24 2015, 11:03 P...   Apr 25 2015, 07:56 AM
|- - Cognosco   QUOTE (blackdog @ Apr 25 2015, 07:56 AM) ...   Apr 25 2015, 12:48 PM
- - blackdog   Okay, I'm considering it - and wondering when ...   Apr 24 2015, 10:08 PM
|- - Simon Kirby   QUOTE (blackdog @ Apr 24 2015, 11:08 PM) ...   Apr 24 2015, 10:22 PM
- - MontyPython   OK lets take a hypothetical case. I want to de-wa...   Apr 24 2015, 11:10 PM
|- - Andy Capp   I guess insurance covers it assuming all work was ...   Apr 25 2015, 12:06 AM
|- - On the edge   QUOTE (Andy Capp @ Apr 25 2015, 01:06 AM)...   Apr 25 2015, 05:58 AM
- - Exhausted   I believe that the barometer for the whole process...   Apr 25 2015, 02:39 PM
- - On the edge   So in view of all that it's hardly surprising ...   Apr 25 2015, 03:21 PM
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