Advanced questions

To GCC Democratic Services

So that I can get complete answers I want to give the OPCC advance notice of some of the questions I'm intending to ask on Friday relating to Section 8: OPCC CEO Report.

Para #2.5 p50 of the GCC backing papers.

• What advice/guidance is being relied upon here? e.g. suggesting that there is no statutory requirement to disclose information with 'no case to answer' outcomes?

  • Supplementary: Please share this info with Panel. I feel we need to better understand the boundary between statutory obligation and voluntary co-operation.

• Surely, especially given the 'no case to answer' outcome the Panel can still ask to review the information the PCC considered and how he reached his referral decision?

  • Supplementary: Does the advice given/taken the previous question take section 29 powers into account?

• Given the 'no case to answer' outcome (and answers to previous questions) along with the Panel's oversight responsibilities; If the Panel agreed, would the OPCC co-operate in our scrutiny of the processes and procedures that were followed, along with a review of the information considered by the PCC in reaching their decision?

From the Monitoring Officer at GCC

This request received a swift response from the Monitoring Officer at GCC although not attributed to me directly as there have been other questions asked. But, this is the pertinent advice:-

Please also note that the duty is to notify. The panel is not entitled to any other information relating to any ongoing investigations or any underlying material relating to any action being taken. For that reason, it is not appropriate to request such information, or to ask detailed questions about these matters (whether in public or private). Doing so is likely to breach the data rights of the individual(s) concerned and could risk undermining any processes that are underway.

So, for the time being at least, I'm unable to ask questions/scrutinise the process.