Monday, 18 December 2023

Unlawful State Aid ??????



To:        Cllr Neil Gough, Mr Frank Jordan
             Executive Director of Place and Sustainability
             Cambridgeshire County Council                                                                                                                                                                                               


18th December 2023


Dear Cllr Gough and Mr Jordan,

Last week I wrote to you because you are both Non-Executive Directors (NEDs) of This Land Ltd.  I asked you several questions about the apparent unlawful state aid Cambridgeshire County Council (CCC) has given to its arm’s length, wholly owned subsidiary company.  My letter made it clear that I was writing to you rather than to the council’s FOI service.  Mostly it is because you are the proper people to answer the questions.  In addition, the Freedom of Information Act makes it clear that FOI requests are just for “what” type questions, not “how” or “why” type questions.  I am looking for reasons and explanations, not just documents.

So I was disappointed to receive an email on Friday from the authority’s FOI section, acknowledging my email, when I never addressed an email to FOI about state aid.  One of you has evidently passed my letter on to that department, against my express request.  I am not acknowledging that email because I did not submit an FOI request on this matter.

Accountability is one of the Nolan Principles that those elected or appointed to public office are expected to abide by.  Accountability is also the first of the core values set out in the Council’s Constitution.  “Accountable” is one of the aspirations that appears along the foot of the Corporate Leadership Team Structure document published on the Council’s website. 

In addition, the government has published guidance on the twelve Principles of Governance for all Public Body NEDs.  That guidance explains that you are bound by the Code of Conduct for Board Members of Public Bodies and the Nolan Principles (again), and that you are to meet the requirements set out in the Treasury’s Managing Public Money publication.  All these documents are easy to find online and download.

Please understand that I am expecting comprehensive answers to my questions from you, not from the FOI department.  With that in mind I am also publishing this letter on my blog site, and I look forward to publishing your response(s) on the same site.

Yours sincerely,

Andrew Rowson 

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