Email sent 27/02/13 to scottish ministers

It is now 3 months since we, the disenfranchised, lodged our appeal for a re-ballot of Largs BID, and still we are waiting for justice. The appeal process was finalised a month ago, and we are still awaiting a decision.

You stated that the Scottish Government had no power to prevent Largs BID setting up, as planned, on 19th January, despite the fact that the ballot produced a "yes" result by depriving so many of us of a vote, and also the lack of information, which has been a constant feature of the BID process here in Largs.

Most traders have no knowledge of who are the new committee, and many did not receive a vote for that !  Nor do we know who they have appointed as the Town Centre Manager, but then this has been typical of the contempt shown to us, the business community of Largs, by the BID committee. 

Now, from 1st March, one day from now, we will receive demands for payment of a BID levy. This is disgraceful !  No doubt we will be told that this is legally enforceable. However, without a decision from the Scottish Government regarding our LEGITIMATE demand for a re-ballot, we will fight this infringement of our civil liberties.

We need a decision soon, as without a favourable reply, we intend to take this further

Letter sent today to the commissioner:

Dear Sir,

Largs Business Improvement District (BID) Area.

Request under the Freedom of Information

I represent a group of business owners in Largs who were excluded from the BID ballot which was the responsibility of North Ayrshire Council. Many of us did not receive BID information or a ballot paper, and only found out after the ballot result on 1st November 2012. 

We sent letters of protest to the Returning Officer, Elma Murray,N.A.C. in the following week, but received a dismissive response dated 19th November.

As we continued to find more businesses deprived of the vote, we requested details of the eligible businesses under the Freedom of Information Act. See enclosed copies of letters to the N.A.C. on 21st November, 23rd November, 25th November, 27th November, and finally a letter sent recorded delivery 11th December, which elicited a response.

This was an e-mail, dated 21st December, denying our request. Elma Murray stated that in her view that this information was " exempt information under Section 26 (a)  of the Freedom of Information Scotland) Act 2002. Specifically, Section 13 (4) of the Business Improvement Districts (Scotland) regulations 2007 which prohibits the release to any persons except for the purposes of canvassing persons entitled to vote during the BID ballot"

It is our contention that this was precisely what we wanted " to canvass persons entitled to vote during the BID ballot"

Our request for a review dated 30th December 2012  resulted in a second denial sent 31st January.

We, the businesses of Largs, were entitled to a free and fair vote in this BID ballot. As only 140 voted, we are entitled to know  :

1) how many eligible businesses. Is it 280 as declared in the ballot result ? or is it 313, as Elma Murray stated in her letter to Christine Gresswell , Local Government Division,  on 20th December 2012 ?

2)As more than 30 of us did not receive BID information or a ballot paper, we want to know the exact number of business owners in Largs deprived of their electoral rights.

We should be able to phone each business to determine who was included/excluded in this ballot. The self-appointed Bid steering group have this information, but we, the affected businesses, are denied it. Where is the justice ? Why should the Council responsible for organising a legal ballot prevent the true number of businesses involved being known? Justice has to be seen to be done.

Therefore , as with our appeal registered with Scottish Ministers, we now appeal to the Commissioner to  rule that North Ayrshire Council comply with our request under the Freedom of Information Act. The purpose of this legislation was meant to prevent this kind of behaviour by public bodies, and justice can only thrive if the process is open and above board ,which we deserve in our battle for our electoral rights.