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Undemocratic National Parks 47
http://www.con-servation.org.uk/index.php?entry=entry080420-205854
Director General Environment Scottish Government Pentland House 47 Robbs Loan Edinburgh EH14 1TY
Dear Sir
Freedom of Information: Undemocratic National Parks
I am a resident within the Loch Lomond and the Trossachs National Park.
For some months I have been corresponding with the Scottish Parliament regarding the removal by central government of a substantial amount of democratic power from local authorities within the boundaries of national parks in Scotland and placed in the hands of National Park Authorities dominated by interest led appointees.
The National Parks 2000 (Scotland) Act discriminates against residents within the national parks by imposing legislation, which denies us the same level of local democracy as elsewhere in the country.
On the basis that all citizens/subjects should have the same level of democracy no matter where they reside, I recently asked the Landscapes and Habitats Division of the Scottish Government the following question.
'What legislation exists in Scotland that allows the formation of an Act that removes a substantial amount of local democracy from a minority of the population on the basis of where they reside?'
I am dissatisfied with the response and would now ask that this matter be subjected to an internal review
Yours faithfully
Angus Macmillan. ]]>Undemocratic National Parks 46
http://www.con-servation.org.uk/index.php?entry=entry080416-205800
Date: 16/04/2008 08:19:31 GMT Standard Time From: AMacmil304
I take the answer to my first question to be "none", indicating there is no recorded information about the negative impact the National Parks (Scotland) Act 2000 would have on local democracy within the parks boundaries.
Regarding my second question, you have only repeated the same generalities you did previously and have not provided me with the information I requested. I shall now be writing to Mr Wakeford.
Yours sincerely
Angus Macmillan]]>Undemocratic National Parks 45
http://www.con-servation.org.uk/index.php?entry=entry080415-205618
Date: 15/04/2008 15:31:37 GMT Standard Time From: Erika.Hudleston@scotland.gsi.gov.uk
I reply to your e-mail dated 2 April in which you ask ' What recorded information is available as to why residents in the national parks are not entitled to the same level of local democracy as those who live elsewhere in the country?' As this is now a request for recoded information we are dealing with it in terms of the Freedom of Information (Scotland) Act 2002 (FOISA),
The recorded information that the Scottish Government holds in relation to your question is the copy of correspondence between you and the Scottish Government dating from July 2007. I note that you have kept copies of the correspondence and have made this available via the website page you provided a link to. So on that basis all the information is readily accessible to you in terms of section 25 of FOISA.
If you are unhappy with this response, you may ask us to carry out an internal review, by writing to Mr. Richard Wakeford, Director General Environment, Scottish Government, Pentland House, 47 Robbs Loan, Edinburgh, EH14 1TY. In your request you should explain why you wish a review to be carried out, and should be made within 40 working days of receipt of this e-mail, and we will reply within 20 working days of receipt. If you are not satisfied with the result of the review, you then have the right to make a formal complaint to the Scottish Information Commissioner.
Regarding your second question 'What legislation exists in Scotland that allows the formation of an Act that removes a substantial amount of local democracy from a minority of the population on the basis of where they reside?', I can only refer to the responses in my letter of 26 March and my e-mail of 1 April and reiterate that the Scottish Parliament has the power to legislate on devolved matters in Scotland. As part of the process to make Scottish legislation the Scottish Government will, where appropriate to do so, carry out consultations and the Scottish Parliament will ensure that there is thorough parliamentary scrutiny. If you are requesting a formal review of this response then I would suggest that you invoke the procedure outlined in my letter to you of 26 March in relation this request and that response, namely ask for an internal review of my response of 26 March. That review request should be addressed to Mr Richard Wakeford at the same address listed above. The review will be carried out by others not involved in the original response of 26 March.
I am sorry that you did not find the additional information that I provided in my e-mail of 1 April helpful. I merely wanted to draw your attention to information that was available and may be of interest.
Yours sincerely,
Erika Hudleston
Landscapes and Habitats Division, Scottish Government, Victoria Quay, Leith, Edinburgh, EH6 6QQ
Tel 0131 244 6472]]>Undemocratic National Parks 44
http://www.con-servation.org.uk/index.php?entry=entry080402-204048
Date: 02/04/2008 11:39:25 GMT Standard Time From: AMacmil304
Meikle Boturich near Balloch Dunbartonshire G83 8LX
Dear Ms Hudleston
Thank you for your email.
Perhaps I could re-phrase my question to suit your interpretation for FoI purposes.
What recorded information is available as to why residents in the national parks are not entitled to the same level of local democracy as those who live elsewhere in the country?
The link you provided to the parliamentary discussion does not address this point and my question was not answered by Scott Sutherland.
With regard to my question to the OSPC. Providing me with links to generalities does not answer the question.
I would be very grateful if you would look closely at these two questions and answer them directly and unambiguously and without referring me to irrelevant material.
Angus Macmillan]]>Undemocratic National Parks 43
http://www.con-servation.org.uk/index.php?entry=entry080401-203733
Date: 01/04/2008 13:39:35 GMT Standard Time From: Erika.Hudleston@scotland.gsi.gov.uk
Re your Freedom of Information request of 11 March, we are simply saying that because of the way in which your question is phrased it seeks an explanation for reply. Your question does not ask for recorded information which is why it is not being dealt with under the Freedom of Information (Scotland) Act.
We have endeavoured to answer your question throughout the exchange of correspondence between you and the Scottish Government. For example, on 15 November 2007 Scott Sutherland, Private Secretary to Michael Russell MSP Minister for Environment, wrote to explain that the Scottish Parliament discussed local democracy in Scotland's National Parks in the context of the Stage 2 discussion on the National Parks (Scotland) Bill. If you would like to see the full transcript of this discussion please use this link http://www.scottish.parliament.uk/busin ... -1702.htm.
Re you FOI request to OSPC 5 March 2008, as explained in my letter of 26 March 2008, the Scotland Act 1998 provided the establishment of the Scottish Parliament and gave the Scottish Parliament power to legislate for Scotland except for certain matters which are reserved to the Westminster Parliament. Under the terms of the Scotland Act 1998, the Scottish Parliament is able to pass laws on a range of issues. Devolved matters include Education, Health (the NHS in Scotland), Agriculture and Justice.
Erika Hudleston Landscapes and Habitats Division Scottish Government Victoria Quay Leith Edinburgh EH6 6QQ
Tel 0131 244 6472 ]]>Undemocratic National Parks 42
http://www.con-servation.org.uk/index.php?entry=entry080328-203437
Date: 28/03/2008 10:42:08 GMT Standard Time From: AMacmil304
My FoI request to OSPC 5 March 2008 "What legislation exists in Scotland that allows the formation of an Act that removes a substantial amount of local democracy from a minority of the population on the basis of where they reside?" refers to the wider spectrum rather than national parks specifically. This may or may not be a reserved matter.
My FoI request to you of 11 March 2008 seeks information as to "why should residents in national parks not be entitled to the same level of local democracy as elsewhere in the country?”. In my view, some information on this matter should exist, unless the issue was never considered. However, if you are saying there is no recorded information, then that is an answer in itself.
Yours sincerely
Angus Macmillan ]]>Undemocratic National Parks 40
http://www.con-servation.org.uk/index.php?entry=entry080326-203130
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http://www.con-servation.org.uk/index.php?entry=entry080326-202849
]]>Undemocratic National Parks 38
http://www.con-servation.org.uk/index.php?entry=entry080311-202650
Date: 11/03/2008 12:10:45 GMT Standard Time From: AMacmil304
I sent the following email to the Department for Consitiutional Affairs on 13 February 2008 and haven't received an acknowledgement or reply. I phoned your office this morning and was told it hadn't been received and to send a copy.
Copy below:
Subject: Undemocratic National Parks Date: 13/02/2008 12:11:46 GMT Standard Time From: AMacmil304
Meikle Boturich near Balloch Dunbartonshire G83 8LX
13 February 2008
Department for Constitutional Affairs Selbourne House 54 Victoria Street London SW1E 6QW
Dear Sirs
Undemocratic National Parks
I am a resident in one of Scotland’s recently formed national parks and I am concerned that a substantial part of our local democracy has been removed by the Scottish Executive and placed in the hands of the National Park Authority which is dominated by interest led government appointees.
For some months, I have been asking the Scottish parliament and leading politicians the following question that no-one seems willing to answer.
Why should residents in National Parks not be entitled to the same level of local democracy as elsewhere in the country?
It seems to me that, as a citizen/subject of the United Kingdom, I should be entitled to the same level of local democracy as those living elsewhere in Scotland and that our government should not be discriminating against a section of its population based on where they live.
I am also interested to know whether removing a substantial element of local democracy is a devolved matter and what legislation is in place to allow this to happen.
I am attaching a .pdf file of my ongoing correspondence for information.
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