Derek MacKay rejects Largs BID appeal

As expected MSP Derek MacKay has rejected our appeal. No surprise there then ! So we now take our case to the Scottish Parliamentary Ombudsman. The given reason is that even if we had  received  ballot papers and voted, it would not have changed the result ! This we know, as he does, to be untrue. Why else refuse a re-ballot ?
The Scottish Government will find that we will fight on for our democratic right to a free and fair vote.

GOOD RESULT from Mull & Iona -  No to BID  !

Just heard result of ballot . 81% businesses voted, and the result was - 37% yes  and 63% NO.
They, of course, had the benefit of seeing the outcome of Oban becoming a BID area. I gather that 29 businesses are currently being taken to court for refusing to pay the first BID levy demand.
Our fight against the imposition of BID continues.

Still no decision re re-ballot for Largs

We discovered that BID did not set up, as planned, in Largs. Seemingly, they have to wait for a decision from Scottish Ministers. Well, that is a relief, and businesses in Largs can "breathe easy" pending, hopefully, a favourable decision. True to form, no one had the decency to inform us of this.
Annabel Goldie, MSP, has been contacting Derek  MacKay, MSP, on our behalf to push for a decision. It is now 4 months since a sufficient number of us met the deadline for the appeal against the validity of the Largs BID result. It has been 2 months since we completed the appeal process, and yet still no decision from   Derek MacKay.
I have received a letter dated 25th March from Kenneth Gibson, MSP, enclosing correspondence from Derek Mackay, stating " this is the first time the Regulations to declare a BID ballot void have been implemented in Scotland and there are no previous examples to draw on. All parties will be notified as soon as my decision is made".
Hardly surprising that we are the first to lodge an appeal within the time frame. BID was set up to allow a 25% vote to legitimise a BID ballot, and , of that only 13% of businesses voting "yes" can enforce the result.
As the local councils do not inform us of the BID process, but leave it up to the BID committee to disguise the process under a " catchy" name,( here it was Largs Matters ), so many of us were kept in the dark, and, judging by voting numbers, by the time we find out about the ballot, BID, etc it is too late to lodge an appeal. Only half of appeals here in Largs have been considered, as the others were time barred - so not only did they get deprived of a vote, but they were also deprived of the right to have their appeal heard. This appears to be the norm elsewhere.
I noted with dismay, that Dunoon (PA23 group) is now a BID district, despite all our efforts to warn them, and, as with Largs, only half of the businesses voted.
Small businesses have a hard enough time surviving in these tough economic times, without the extra tax imposed by BID, and inflicted on us by local councils and the Scottish Government.

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.

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