Latest reply to Scottish Ministers

I am in receipt of the documentation dated 25th January, received today on 29th January. I note that Elma Murray`s reply was dated 17th January, in which she stated that my `letter presents no new information nor expands on the terms of the original letter of complaint`.

I take it, however, that she had not had sight of my e-mail sent to Scottish Ministers dated 17th January.  I consider that she has to answer the contradiction between her repeated statements that North Ayrshire Council posted every business a plan plus ballot paper ( which we know to be untrue), and that of Mr Hunter in his letter of 10th December to Kenneth Gibson in which he stated that Largs Matters `circulated a 20 page business plan which accompanied the ballot`.

Also, almost 3 months since the ballot, Ms Murray has ignored our requests for clarification of the exact number of eligible businesses. Is it 280 or 313 ? , even going so far as to refuse our Freedom of Information request, which would provide that answer, and, more importantly, the exact number of businesses deprived of a vote. 

I realise that at this stage you would not include them in the appeal, as you have already rejected those who missed the 28 day deadline on 30th November. But, the fact is that the traders in Largs know so many deprived of a vote, and feel it is patently unjust that those who knew nothing of BID till after that date were deprived not only of a vote but of the right of appeal.

These points should be taken into consideration in any just decision on our appeal. 

I Love Clarkston furore over BID reality

Read the article in Saturday 26th January Herald.
Owners who voted `yes` are regretting that decision, but, at least, they got a vote, unlike so many of us here in Largs.

http://www.heraldscotland.com/news/home-news/improvement-plan-is-flop-for-the-shops-say-traders.19986342

Problems re Oban BID

Just saw the Oban Times today. Oban became a BID recently. Now that the first levy has become due, seemingly a third of businesses are refusing to pay.( I can`t help but wonder if any of them were deprived of BID information or a vote during the ballot process !) A business owner, who voted `no`, said  " many were hanging on by their fingertips and could not afford to pay".

Attention Dunoon and Argyll, PA 23 area, make sure you get a ballot paper now in the run up to your ballot, and make sure you vote. Every business will be forced to pay irrespective of whether they vote, if BID win the ballot, and it is enforceable by sheriff officers !

BID Funding

We have now discovered that in April 2011 the Scottish Government  and North Ayrshire Council gave £20,000 each to Largs BID. We now know how this self appointed Steering Committee were able to pay Sunil Varu`s wages and pay for the Largs Live event.
Mr Varu was employed for a year supposedly to inform Largs business owners of BID. The Chairman of the steering committee said he visited 90 businesses. Why not everyone of the 280 ?
But from our experience, he did indeed visit our shop on two occasions, but spoke only of an informal group called Largs Matters. On the third visit, when we had heard rumours about something called BID, he was evasive and did not give us straight answers to our questions ( October 12th 2012). We were left in the dark and unbeknown to us, without a ballot paper !
Why was taxpayers money used to promote this quango ? Speak to anyone in Largs, and all we want is for the powers that be to provide good parking facilities in Largs. That is the major issue in Largs.
But BID will not address that !
Now it is obvious that, having handed the steering committee £40,000 of taxpayers money, the Council and Government are reluctant to allow us a fair and  free vote as it is likely to reject BID.
Murky Business, methinks !!

Email sent to scottish minister in latest stage of appeal process!

In reply to your communication of 10th Jan 2013, I wish to know who will adjudicate on this appeal. Who are the Scottish Ministers you refer to in your letters ?  In his letter of 19th December, Kenneth Gibson MSP stated that his ministerial colleague, Derek MacKay, would adjudicate. As Mr Mackay is involved in the promotion of BID in Scotland, surely this is a conflict of interest.

We have no confidence in this appeal process because;
1) our initial appeals to the returning officer at North Ayrshire Council were ignored. Elma Murray took ten days to send a dismissive response.
2) further requests for information were ignored by the N.A.C.
3) denial of the recorded delivery request under the Freedom of Information
4) our initial letters to leaders of parties within Scottish Government on 21st November requesting an appeal were not answered promptly in view of the time constraints. An e-mail to my personal account on 29th November giving us less than 24 hours to submit written appeals by 30th November!
5) when we actually complied with that, then a demand on 15th December for separate letters from each complainant, stating which regulation was contravened. This, at the run-up to Xmas and the busiest time for traders, and with parliament closing by 21st December.
6) when we complied with that by 18th December, we are told by Kenneth Gibson on 19th December that it would seem unlikely we will get a re-ballot
7) I note that of the 30 appeal letters sent 18th December, you have removed 11 because they were unable to attend our meeting on 29th November and have been deprived of the right to appeal.

Tellingly, you say you cannot deprive BID the right to set up the registered company on 19th January based on a ballot result achieved by deliberately depriving so many of a vote.
The numbers of complainants clearly demonstrates that this was a deeply flawed process, but the attitude of N.A.C. and Scottish Ministers seems to be one of "how do we prevent a re-ballot at Largs", rather than "how can we right the wrong perpetrated on Largs business owners".

Four elected councillors attended the meeting on 29th November, and heard testimony of some of the  intimidation by certain steering committee members, as well as that of those of us deprived of a ballot paper, yet when 2 were prompted to speak , they ignored that and instead tried to "sell" BID  to a hostile audience. 
Do not underestimate the strength of feeling here in Largs. We know the truth and we will continue to fight this scandalous abuse of our electoral rights.

In her letter of 20th December Elma Murray states that " voting packs were issued to 313 eligible voters on 19 September 2012 by 1st class Royal Mail . Each voting pack contained a covering letter; a ballot paper; instructions of how to complete the ballot paper; an explanation of the arrangements for the ballot; a copy of the business plan prepared by the BID proposer, and a promotional DVD".
More than 30 of us, to date, dispute this claim.
My letter of 21st November asked  " Can you clarify who exactly was responsible for the posting of the said information?"
We received no reply.
My next letter to Elma Murray was on 23rd November asking for a list of the 280 eligible businesses under the Freedom of Information Act.
We received no reply.
Kenneth Gibson, MSP referred us to Mr Alex Anderson. We wrote to him on 25th November, again asking " who was responsible for posting/distributing the BID information and ballot/voting paper".
We received no reply.
Then I received a reply from Kenneth Gibson, MSP, dated 19th December, enclosing a copy of a letter from George Hunter, NAC Town Centre and Regeneration Manager, in which he states Largs Matters carried out the following work - (item 2) " circulated a 20 page business plan which accompanied the ballot"
So, who is telling the truth here?  I believe the  statement from Mr Hunter is correct as 
1) Too many of us (30 to my knowledge) did not receive a business plan and ballot paper.
2) this would explain the testimony of business owners who state that members of the BID steering group had their business plans and ballot papers in the final couple of days of balloting, when they visited their premises and tried to get them to vote "yes".

Also, Ms Murray claims voting packs were sent to 313 eligible businesses. This I  noted was a similar figure to that quoted in the Business Plan I first read on 10th November ( page 11 - approx 312). Yet the e-mail on 5th November from Ron Muir giving ballot results states there were 280 eligible businesses. What is the true figure ?

As she has denied our request under the Freedom of Information Act sent by recorded delivery on 11th December, we still do not know the details of how many eligible businesses were included in this ballot, and how many were, like us, excluded from the ballot.

So, which is it ?  280 or 313 ?  We demand transparency.

We have sought a review, but , no doubt, the cover-up will continue, and we will have to take it to the Commissioner.

Finally, I wish to address the personal attack on me by the Chairman and Vice Chairman in their response letter to you on 3rd January.

1)  My husband was invited to an informal meeting of Largs Matters, but declined as I own the business. So informal, that Mr Varu suggested he attend dressed as the clown. He was insulted by this.  Of course, no mention of BID!

2)  Five businesses nearby did not get any Bid information or Ballot papers. One business owner nearby was duped into voting "yes" by Mr Sunil Varu before he had a chance to read the business plan. He was unaware of the financial and legal implications until my mother informed him a week after the ballot. Hence his letter of protest to the Returning Officer.

3)  I am entitled to my opinion, and had I known about BID I would have mounted a No campaign. More importantly, I was entitled to receive the BID plan etc and a ballot paper !  The 30 of us denied our democratic rights will continue this battle, as we have always said the business owners of Largs were entitled to a free and fair vote, and we would accept a democratic result.                                                                                          Mrs J Harris

Copy of email sent today (14/01/13) to Scottish ministers etc

Now that the festive break is over, I expect some action to be taken by our elected representatives. Have any of you taken Elma Murray to task for the disgraceful decision to refuse the business owners of Largs the right to know how many of us were deprived of a vote ?  We number 30 to date, which is a scandal. Why should this cover-up be allowed to continue ? We have a right to know how many of the 140 were also disenfranchised. We have, of course, sought a review of that decision.

 Next, we want to know who will handle the appeal. Since Derek MacKay has the job of promoting BID in Scotland, we consider that to have him adjudicate would be a conflict of interest. We are entitled to a fair hearing, and the justice of a re-ballot.

We do not accept the claim that the Scottish government can do nothing to stop BID setting up a registered company on 19th January.  As it is already apparent that the "yes" ballot result was obtained by excluding so many of us who would have voted "no" from a vote  (30),  and , of course those who were mis-led or intimidated into voting "yes", those who did not receive information to enable them to make an informed vote,(approx 25), and other abuses declared at the public meeting on 29th November.  So the result should be set aside pending a re-ballot. 

We have been disgusted by the repeated assertions by Elma Murray etc that we all received a 20 page business plan and ballot paper, when we know this is untrue. The lack of response from North Ayrshire Council to our enquiries is shocking, and now the obstruction of the determination of the exact number who were excluded from the ballot which, so far, has produced no censure from MSPs.  The Scottish government authorised the BID process, so the responsibility to undo this wrong lies with you, our elected representatives. We expect you to take action. We are entitled to justice in a legally binding vote. The buck stops with you.

WHAT EXACTLY WILL MSPs DO to give Largs traders justice ?

FSB unaware of BID Inequity

Yesterday we joined the Federation of Small Businesses. We suggest traders in Largs do likewise. They offer good savings on telephones, broadband, card machines, banking etc.   Much better than the empty promises of BID.
We have asked for FSB backing in our battle against the undemocratic imposition of BID on the traders of Largs. They appear to have little knowledge of BID, but will investigate BID, and our experience of the BID process and what steps we have taken in our battle for a free and fair ballot.
We have received confirmation from North Ayrshire Council that, as requested, they will review the decision to refuse us the details of the 280 businesses we asked for under the Freedom of Information Act.
No doubt they will delay, then refuse, and we will have to take it to the Commissioner ! 

Reply to MSP

This is a copy of my email to Kenneth Gibson, our local MSP, dated 19th December 2012.  Currently still awaiting reply.

I have just received a refusal from North Ayrshire Council to supply us with a list of eligible businesses included in the 280 for Largs BID. Section 13(4) of BID (Scotland) regs 2007 is quoted as prohibiting this. This is a disgraceful response, when the vice chairman of the Largs steering committee has this information, yet the rest of us are denied this.

The information in your letter from the council's BID Liason Officer, lists what should have happened between March and October 2012, but the reality was somewhat different, hence our battle for a re-ballot.

Also, I note that it now states that Largs matters circulated a 20 page business plan which accompanied the ballot  !!

Up till now we have been told the Council sent the documentation and ballot papers, so perhaps we are finally getting to the truth as to why so many of us were excluded from the ballot. 

Those with a vested interest in obtaining a 'yes' vote, ie the steering committee had control of who received ballot papers!

I informed you of allegations that 2 members of the steering committee had ballot papers with them when they tried to get owners to vote 'yes' in the final 2 days for the ballot.

How you can pre-judge the outcome of our legitimate appeal alarms me. Our honest testimony appears to count for nothing, and the cards are stacked against us, leading me to suppose that Scottish Ministers are just going through the motions with no interest in truth or justice.

What we are asking for is quite simple. Our democratic right to a fair and free vote on whether Largs Traders want BID.  Even denied access to the exact number excluded from the ballot, sufficient numbers of traders are giving testimony of the scandalous abuses in relation to the previous ballot.                     

My feeling now is that only exposure by the media will force a re-ballot.