Before I take matters further, I thought I would ask Carmarthenshire Council's Freedom of Information office once more for an explanation over the 'contradiction' over legal costs regarding the constitution and to elaborate on their strangely personal reasons for not releasing the details. The email is below; I decided to be a little more straightforward to simplify matters, it should be self explanatory.
Dear Sir,
This is not a Freedom of Information request but a request for you to clarify recent correspondence concerning information about amendments to the county constitution regarding defamation (libel);
1. When I sent my initial request earlier in the year, I asked about documents held and costs incurred relating to the constitutional amendments regarding defamation. You replied that no costs were incurred and no documents held.
I then requested an internal appeal which produced the same answer.
Recent correspondence with the Wales Audit Office confirms that the Council have in fact lied and legal costs were incurred. Please explain in full.
2. The Wales Audit Office also confirmed that the Council were reluctant to release information due to our 'ongoing relationship' with the council.
I am sure you are aware that it does not matter who is requesting information, that information should be released if possible. The Audit Office stated that the Council 'do not wish' to release the information; this is not a reason for refusal.
3. As I have said, I would like to know who gave the Council the expert legal advice regarding defamation and how much it cost.
I believe these matters to be in the public interest. I am not asking for information that was passed between the Council and the commissioned Counsel, my request is much more straightforward and I cannot understand what the problem is.
Again, please explain fully.
4. The Audit Office have already confirmed that this advice was being sought whilst the private case (between the Head of Planning and ourselves) was ongoing. However, I have not been asking about that; I have been asking about the constitution.
Please explain why the council persists in repeating denials of involvement when that was not the focus of my concerns.
Please acknowledge this email. If you need further clarification please contact me by email or, to expedite matters, liaise with your legal department.
I now expect a full explanation and the release of the information requested within one week as it is now clear that I have been lied to. If no explanation is forthcoming and you do not release the information I have requested, I shall have no choice other than to conclude that my own findings are factually correct.
So far, the week has passed and I have had this response;
This matter has been passed to our Legal Department and I am informed that they will be replying to you in due course.
Yours sincerely
FOI Dept
Any further response will be posted here.
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