On February 20th this year I submitted a Freedom of Information request to Glasgow City Council.
It was a follow-up to a piece that I had published in December of last year, and it can be read here.
On March 22nd, 2017 I received the following reply to my FOI request:
Dear Mr Mac Giolla Bháin
REQUEST UNDER THE FREEDOM OF INFORMATION (SCOTLAND) ACT 2002
We refer to your e-mail correspondence of 20 and 22 February 2017, in which you request that the following information be provided to you:
“I am a journalist, and I am requesting information under the Freedom of Information (Scotland) Act 2002 and Environmental Information (Scotland) Regulations 2004.
I wish to receive all correspondence, electronic and conventional between Glasgow City Council’s representatives on the Safety Advisory Group (SAG) and Rangers Football Club for the months October, November and December of 2016.
I wish to receive all internal correspondence (electronic and conventional) between Glasgow City Council’s representatives on the Safety Advisory Group (SAG) and other members of the City Council (both professional officers and elected officials) apropos Ibrox stadium for the months October, November and December of 2016.
I wish to receive all internal memos, emails and minutes of meetings of Glasgow City Council apropos Ibrox Stadium for the months of October, November and December of 2016.”
We can confirm that Glasgow City Council (“the Council”) is treating your request for this information as a request under the Freedom of Information (Scotland) Act 2002 (“the Act”).
The Council’s response is as attached and detailed below.
Glasgow City Council is a member of the Safety Advisory Group (SAG) which addresses safety in sports grounds, including the four main football stadia within the city. The Safety Advisory Group comprises partners from the Council’s Licensing Section and Building Standards as well as Police Scotland, Scottish Fire & Rescue and the Scottish Ambulance Service.
The primary role of the Safety Advisory Group is to provide advice and guidance to a football club’s safety management team on accommodating spectators safely within their stadium, including advice and guidance on sensitive issues such as spectator ingress and egress, crowd management, fire safety, personal security etc.
The Safety Advisory Group is also responsible for advising the Council, as the Licensing Authority for Glasgow, in relation to the issuing of General and Special Safety Certificates for the stadia under the Safety of Sports Grounds Act 1975.
The Safety Advisory Group carries out its function having regard to the relevant recommendations set out in the Guide to Safety of Sports Grounds (“the Green Guide”) issued by the Sports Ground Safety Authority.
In terms of requests submitted under the Freedom of Information (Scotland) Act 2002 for information held by the Safety Advisory Group in respect of Ibrox Stadium, the Council considers that information to be exempt under Section 39(1) of the Act [‘Health, safety and the environment], whereby “information is exempt information if its disclosure under this Act would, or would be likely to, endanger the physical or mental health or the safety of an individual”, in this instance the physical or mental health or the safety of individual spectators within the stadium. For the avoidance of doubt any correspondence between Glasgow City Council and the Club regarding the safety at the stadium would be held by the Council’s Safety Advisory Group.
Ibrox Stadium is a high profile football stadium and, with a capacity of over 50,000, is one of the largest stadia in the UK. Given the high profile nature of the stadium there is realistic potential for information relating to safety and security arrangements to be utilised in the perpetration of a malicious act and, therefore, endanger the physical or mental health of over 50,000 spectators.
As the subjects discussed by the Safety Advisory Group at their meetings relate explicitly to public safety, specifically the steps taken to protect the physical and mental health of those in and around the stadium, the Council does not consider it in the public interest to publish information on the matters discussed at these meetings nor does it consider that the public interest would be best served by releasing documentation presented to or produced by the Safety Advisory Group that relates specifically to the stadia and measures taken to ensure public safety.
On balance, the Council is of the view that the risk of information being used for malicious purposes that could realistically endanger persons outweighs the public interest in the release of this information.
Taking into consideration the likely impact of releasing this information, on balance, the Council is of the opinion that, at this point in time, there is a greater public interest in withholding the information than there is in releasing it.
Notwithstanding the above position, by way of advice and assistance, we can confirm the following in relation to Ibrox Stadium.
We can confirm that Ibrox Stadium has a safety certificate issued under the relevant legislation.
At a meeting of the Safety Advisory Group on 26 April 2016, the Safety and Security Officer for Ibrox advised that, in addition to the usual annual inspection and testing programme at the stadium, a full review of the internal / external structures and plant and equipment was to be carried out. In response to questions from the Safety Advisory Group, the Safety Officer confirmed that it was the Club’s position that the stadium continued to provide for the reasonable safety of spectators. This was again confirmed at the meeting of the Safety Advisory Group on 30 June 2016 where it was agreed to renew the safety certificate for the stadium.
On 11 July 2016 the Safety Advisory Group became aware of comments that the Chairman of Rangers Football Club had made on the Club’s official website regarding the condition of the stadium. On 12 July 2016 the Chair of the Safety Advisory Group wrote to the Club seeking clarification on these comments prior to releasing the safety certificate. On 15 July 2016 the Club responded to the Council. Having been satisfied with the terms of the response received, the safety certificate was issued on 15 July 2016.
A copy of the correspondence dated 15 July 2016 from the Club is attached. Please be advised that we have redacted some details from this record, so as to avoid identifying the individual to whom the correspondence was addressed. This is in compliance with Section 38(1)(b) of the Act [‘Personal Information’].
At a meeting of the Safety Advisory Group on 21 November 2016 the Safety and Security Officer for Ibrox advised that the Club intended to carry out repair work on the roofing of three stands within the stadium with preparatory works scheduled to begin in early January 2017. A number of questions were raised regarding the technical aspects of the roofing repairs and further information on the proposed works has been requested from the Club.
At the said meeting on 21 November 2016, in response to further questions from the Safety Advisory Group, the Safety and Security Officer for Ibrox confirmed that it remained the Club’s position that the stadium continued to provide for the reasonable safety of spectators.
Following consideration of further information and documentation provided by the safety certificate holder, the Safety Advisory Group confirmed that it was satisfied with the assurances provided by the Club.
As with any safety certificate holder, the Safety Advisory Group have an on-going dialogue with Rangers regarding the repair and maintenance programme at the stadium.
For the avoidance of doubt, it is the management team of any football stadium that has ultimate responsibility for the safety of their spectators.
The information provided in response to your request is, unless otherwise indicated, copyright © Glasgow City Council 2017. It is supplied to you in terms of the Freedom of Information (Scotland) Act 2002.
I have reproduced this here as I think it is in the Public Interest to do so.
Similarly, I reproduce the letter supplied to me by Glasgow City Council which they referenced in their letter.
I have written today to the appropriate person within Glasgow City Council appealing their decision to deny me the information which I had requested.
“This request for information has been denied to me under the grounds that it is exempt
“In terms of requests submitted under the Freedom of Information (Scotland) Act 2002 for information held by the Safety Advisory Group in respect of Ibrox Stadium, the Council considers that information to be exempt under Section 39(1) of the Act [‘Health, safety and the environment.”
I do not accept this as I believe the information that I have asked for is in the Public Interest.
I look forward to hearing from you.”
The council has to provide a reply within 20 working days of receipt of an appeal.
It is my intention to publish any news of developments in this story here on this site.
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Love the new site Phil, hate the lack of action from the council. Shameful stuff, I wonder how many FOI’s state aid guy and the deluded have had accepted.
Wow. So they believe that if they disclose it then its putting people at risk? I dont get it so they’re hiding it. I wouldn’t let that lie. What if a concerned supporter wanted it. They just not releasing it because its you.
Well done Phil I just hope that “rapeepill” realise that you are persuing this for their own safety
The company/club claim they will start repairs in early January 2017. Is there any evidence that work has started? If the work has not started then it’s obviously pulling the wool over the council’s eyes and the request should be granted.
In any correspondence I would suggest making this point along with a previous posters point about an enviornmental point.
This sounds mighty interesting. I wonder how they reckon releasing information about health and safety of spectators actually threatens the health and safety of spectators ?
I’d say a letter to the Information Comissioner’s Office is not too far off.
Hi Phil,
Appeal because you will get the response eventually, even if it comes from the Information Commissioner.
The Council know they should not take into account the identity or intentions of a requester when considering whether to comply with a request for information. Therefore, even if someone were to use the information to ‘perpetrate a malicious act’ that is not a judgment call for the council to make.
However, the details of a safety certificate for a public place that hosts approximately 10% of the population of Glasgow every fortnight has to be in the public interest, whether it’s 100% safe or not. There is no contention here and no
That such information is not in the open is surely of greater risk to the physical health and safety of an individual. Any fool can see this.
If you get nowhere with the Council on appeal you be sure to go to the Information Commissioner.
A reasonable person may conclude from the waffle in the council response that had the UK Health and Safety Executive been the enforcing authority for sports stadia, the whole matter would have been addressed a long time ago.
I smell shite.
Phil,
The FOI Ombudsman Is who you should be contacting. This sound like it could possibly be an environmental request, which has different rules, but I get info from the ombudsman weekly on requests that councils have declined, then been ordered to give after the ombudsman has looked at it.
Logical, joined up thinking was never GCC’s strong point. That reply raises more questions than it answers.
You’re right mate but that’s mainly down to the type of schooling the majority of it’s employees received!
Phil
The letter attachment is too small to read. Is there any way of uploading a larger copy and more easily read copy?
Jim
WordPress has a 2mb limit on images.
You can zoom 500% using google.
You can ‘CTRL and +’ repeatedly to make it readable – ‘CTRL and -‘ repeatedly to return to usual size afterwards
Sometimes, saying nothing says it all.
Self-evidently an exercise in self-preservation by GCC. No one there is going to stick their name in the frame, laying themselves open to the vicissitudes of the peepil and their mob justice. As such, they will be more than happy to pass that particular buck to the Commissioner. I suspect GCC will also be more than happy to put the required information into the public domain with the authority of the Commissioner. It’ll be job done for them: showing the public they acted appropriately in their dealings with Sevco and were only disclosing information against their will, by a higher authority. Nothing if not consistent in their craven behaviour and all things Sevco.
“For the avoidance of doubt”.
Now, there just trolling you!
Ha ha I noticed too, whoever constucted that reply is taking the P one going for fifty five. Is there risk to spectators going to Ibrox? GCC doesnt think its in the publics interest to know about safety issues causing concern at the stadia and someone might use the information for malicious reasons? I think the respondent means that if everybody knew then the club would be forced to fix it. Possibly closing the stadium causing loss of revenue and they cant even afford the repairs. GCC are complicit of putting public safety at risk by assisting the club and sympathising over its financial predicament. If this happened in any other industry, retail, restaraunt, holiday they would be forced to close and conduct the repairs immediately.
The council’s response makes me angry. At the end of the day, we the tax and council tax payers, are paying these peoples wages.
Just how long did it take to type out that overly verbose response. Administrative time that could have been used in a more productive manner for the citizens of this city.
“Nothing to see here, Timmy, move along now” would have been much more cost effective and have done exactly the same job.
It appears that SAG has issued a certificate based mostly on the club saying everything is OK, it’s almost self certification.
The reasons given for not providing information under FO1 seem dubious at best and disturbing at worst.
We are talking about people’s safety here, what’s malicious about that?
A very, very strange reply, especially given the time taken to get back to you.
I smell a rat. I’m sure you do too. Keep going.
Phil, take the request to the FOI ombudsman, this sounds like an enviromental request and if so GCC MUST answer, forget appealing to GCC direct, ombudsman is the best way to get your answers.
Phil’s following the correct process, first you must appeal to the authority who has declined the information request – only then can a request for a Decision be made to the Scottish Information Commissioner.
I also thought that the request should be managed under the Environmental Information (Scotland) Regulations 2004, not the Freedom of Information (Scotland) Act 2002. That said GCC should look at the legislation when they undertake a review. The Commissioner will automatically consider whether the request was managed under the correct legislation, if Phil goes to her Office for a Decision.
How can information on the safety of a stadium be used to harm people’s physical or mental health?
At the very least the council needs to clarify what they mean by this. List and send request for clarifications.
Are they suggesting terrorists could fathom the weakest structural points for targeting? That’s how it reads to me. This excuse could be used to withhold almost all information. Notional terrorists getting the data to harm people.
Great work as usual, Phil. The whole sorry affair stinks of collusion. Sadly, I can’t claim to be surpised. This story will grow and grow. Will be interesting to see how the MSM report on the matter, if at all.
Congratulation’s to the mighty Hoops on securing a sixth title in a row. So very proud of Brendan and the squad. HH YNWA
I think they must have confused your request with one made under The Withholding of Information Act 1872.
The council believes that RELEASING the information “Potential for Information being used for Malicious purposes?”
“Likely to endanger physical or mental health”
“OF THE OPINION THAT there is greater public interest in withholding information” ???
So to recap
It’s deemed by GCC that in their opinion it’s the best interests to deny the release of binary
Information that either confirms or refutes a critical Health and Safety concern!?!? Whit !!!
Surely within the context of your FOI request (inferred and otherwise) any disclosures would help assuage any physical or mental health concerns? On what planet would it be preferable and in the publics best interests to deny it public knowledge of a potential risk?
Absolutely Shameful !
Oh dear,cats and pidgeons springs to mind,this could get interesting.
Hi Phil, You should’ve asked to see the details of their argument and the evidence to back up their claim that the public interest was best served by not releasing the information. As written your appeal doesn’t make any new points and therefore in my opinion will probably be refused.
An interesting article and thanks for your efforts.
Well done Phil, ‘reasonable’ if my journey to work tomorrow had a reasonable chance of no accident I’d stay at home.
You’re a stubborn c**t.
Keep going.
Wait. What? Because it is a public safety issue it is not in the public’s interest to let the public know what the safety issue might be? WTF, Glasgow City Council!?
A suspiciously lengthy reply just to refuse your request?
Creative interpretation of ‘exemption’ criteria as well?
Good work Phil – keeps at them. 🙂