Freedom of Information Request 044/16-17

Transcription

1 Freedom of Information Request 044/16-17 Response Date: Please see attached form for completion please RESPONSE 5) How much did the vice-chancellor/head of institution receive in personal expenses (whether that was money spent and reimbursed or money spent on an institution account) excluding expenditure on travel or hotels, in the financial year that ended on 31 July 2016? ) Please enter details below of the vice-chancellor/head of institution's air fare costs for the financial year that ended on 31 July for air fares spent on economy class air fares spent on premium economy class air fares spent on business class air fares spent on first class air fares Total (GBP) spent on flights within the UK Total (GBP) spent on flights within Europe (outside UK) Total (GBP) spent on international flights outside Europe Nil Nil Nil Nil Nil Nil Nil Nil Nil 7) What was the total spend (GBP) on hotel accommodation for the vice-chancellor/head of institution in the financial year that ended on 31 July 2016? ) How many nights did the vice-chancellor/head of institution stay in hotel accommodation in the financial year that ended on 31 July 2016? 59 in total. University. Please note that only 35 of these nights were paid for by the

2 9) How many employees were the recipients of severance payments in this higher education institution in the financial year that ended on 31 July 2016? 20 10) What was the total amount (GBP) spent by the higher education institution on severance payments during the financial year that ended on 31 July 2016? 407,086 11) How many severance payments were made in the following ranges during the financial year that ended on 31 July 2016? Number of severance payments 0-25, ,001-50, ,001-75, , , ,001 or more 0 Please note that Swansea University undertook a voluntary severance scheme during this time period. 12) During the financial year that ended on 31 July 2016, was the vice-chancellor/head of institution provided with any accommodation by the institution in addition to salary? Yes

3 13) During the financial year that ended on 31 July 2016, did the vice-chancellor/head of institution live in a personal residence purchased with a loan from your institution? No 14) What was the value of the loan provided to the vice-chancellor/head of institution to purchase his/her personal residence? 15) Does the vice-chancellor/head of institution have exclusive use of a car and/or driver to carry out his/her role? No 16) How much did the HEI spend on this service in the financial year that ended on 31 July 2016? 17) Does the vice-chancellor hold any remunerated roles outside of his/her position at the HEI? No 18) Please list the titles and name of organisations for any external, remunerated posts held by the vice-chancellor/head of institution. 19) How much did the vice-chancellor/head of institution receive in remuneration (GBP) from those roles listed above in the year ending 31 July 2016? 20) Please give an estimate of the total number of working days the vice-chancellor spent doing other remunerated roles outside of his/her position at the HEI in the financial year that ended on 31 July NIL

4 Academic staff contracts 21) We ask that you supply the following information in relation to your institution: The total number of academic staff under each heading who are employed on contracts where they are paid by the hour: Teaching and Teaching only Research only Total number of staff employed on contracts paid by the hour research NB All but 14 are Associate Tutors who carry out short course teaching in Adult and Continuing Education 1 22) We ask that you supply the following information in relation to your institution: The total number of academic staff employed on contracts that guarantee no minimum hours (sometimes called zero hours contracts ) For the purposes of this request, please include the use of all contracts for which the employer has no obligation to offer work and guarantees no minimum hours of work in any given time period you may not refer to this type of contract as a zero hours contract locally. Total number of staff employed on contracts that guarantee no minimum hours Teaching and Teaching only research NB All but 14 are Associate Tutors who carry out short course teaching in Adult and Continuing Education 1 Research only 23) We would like to request a copy of the most recently ratified minutes for the Remuneration Committee? Please could a copy be ed to vwilks@ucu.org.uk? Please find attached a copy of the most recently ratified minutes for the Remuneration Committee. Information regarding individual salaries and pay rises has been omitted from the response.

5 Your request for information relating to total payments made to the Vice-Chancellor and emoluments made to staff has been considered and the University is not obliged to provide you with the information. Information relating to individual salaries, senior academics pay and their pay rises has also been omitted from the response. Section 17 of the Freedom of Information Act 2000 requires Swansea University, when refusing to provide such information (because the information is exempt), to provide the applicant with a notice which: (a) (b) (c) states the fact, specifies the exemption in question and states (if it would not otherwise be apparent) why the exemption applies. In relation to your particular request, the following exemptions apply: Section 40(2) Personal Information Section 22 Information intended for future publication Section 43 (2) Commercial Interests Section 40(2) Personal Information Section 40(2) is an absolute class exemption and therefore the University is not required to consider the public interest in disclosure. The Data Protection Act covers processing of personal data about a living individual. Personal data means data which relate to a living individual who can be identified- (a) from those data, or (b) from those data and other information which is in the possession of, or is likely to come into the possession of, the data controller or any other person in respect of the individual. Information will relate to a person if it is about them, linked to them, has some biographical significance for them, is used to inform decisions affecting them, has them as its main focus, or impacts upon them in any way. Salary information relates to a person s financial circumstances. The disclosure of the salary of an individual is intrusive and may prejudice an individual s interests in on-going financial or legal negotiations. If salaries are individually negotiated or contain a significant element of performance related pay, disclosure may give significant information about that individual, which could have a detrimental effect on them. Individuals will have a reasonable expectation that information relating to their salary will not be disclosed by the University. It would not be in the reasonable expectation of the individual and would be considered as unfair, therefore would contravene the first data protection principle which requires

6 that personal data is processed fairly and lawfully. Section 40(2) of the Freedom of Information Act, by virtue of section 40(3)(a)(i) provides an exemption to the right of access to information where disclosure would breach any of the data protection principles. Section 22 - Information intended for future publication Section 22 is a qualified and class based exemption which requires the University to carry out a public interest test. Even if such exemptions are engaged, the information must still be disclosed unless the public interest in maintaining the exemption is greater that the public interest in disclosing it. If the balance test is equal, the default option should be to disclose. The public interest is not however, what the public may find interesting, there must be some tangible benefit to the community in such disclosure. Ultimately it must be something which serves the interests of the public. It is a requirement to identify all the factors which serve these interests and also those which do not, only then can a decision be made. Public Interest Considerations Factors favouring disclosure The public would be in possession of the information now rather than wait for the information to be published in the University Financial Statements. Factors favouring non-disclosure It would be inappropriate to release to the public details in relation to emoluments received by members of staff at Swansea University in advance of completing the annual Financial Statement. Balance Test The factors favouring non-disclosure outweigh disclosure of the information at this time. The University would not disclose information in such a way that could compromise or disrupt the work currently being undertaken in the preparation of the annual Financial Statements. In accordance with the Freedom of Information Act 2000, this letter acts as a refusal notice for your request. Section 43(2) - Commercial Interests Section 43(2) refers to information being exempt from disclosure if its disclosure would, or would be likely to; prejudice the commercial interests of any person (including the public authority holding it). Section 43(2) is a qualified and prejudice based exemption therefore the legislators accept that there may be harm if released. The authority has to consider and describe the harm that would occur if the information were released and carry out a public interest test. The public interest is not however, what the public may find interesting, there must be some tangible benefit to the community in such disclosure. Ultimately it must be something which serves the

7 interests of the public. It is a requirement to identify all the factors which serve these interests and also those which do not, only then can a decision be made. Overall Harm Disclosing information relating to the remuneration of certain posts within the University as well as details of senior academics pay and their pay rises may bring commercial harm to the University as other universities in the competitive process would be furnished with valuable information which could provide them with a commercial advantage. Public Interest Considerations Factors favouring disclosure There is a requirement to provide to the general public a better understanding of how public funds are spent. One of the underlying principles of the Act is the need for openness and transparency. In this case, there is a public interest in establishing that the University is spending wisely in relation to salaries of University staff members. Factors favouring non-disclosure Swansea University has a duty to protect the sensitive commercial information it holds. In this case, to release details of how the University has made certain decisions about individual/banded salaries as well as disclose details around individual salaries may bring commercial harm to the University as other universities in the competitive process would be furnished with valuable information which could provide them with a commercial advantage and assist them in future negotiations with Swansea University staff members. Balance Test In this case, there is a public interest in the use of public funds which needs to be weighed against the damage that would occur to the commercial interests of the University. If the University was to release the requested information, the commercial interests of the University may be compromised as other universities will be furnished with valuable information that could provide them with a commercial advantage. Therefore, on balance, the factors favouring non-disclosure outweigh the factors favouring disclosure. As such, the public interest favours non-disclosure of the information at this time. Therefore in all the circumstances of the case, the public interest in maintaining the exemption outweighs the public interest in disclosing the information. This letter represents a refusal notice for this part of your request. END OF RESPONSE