Extracting blood from stones is considerably easier than prising out the facts about SouthWest One from the vaults of County Hall. I asked to view the complete contract under a law (the Audit Commission Act) designed to help citizens understand the work of their local authorities. I was promised a full copy, on paper, delivered to my office. What eventually arrived was a small pile of documents many of which were already in the public domain.

But there was one notable exception....a print out of an email that shows the murky depths of this nonsensical conspiracy to cover-up.

I had been warned by Roger Kershaw that IBM might want to restrict access to certain documents. This was only half the truth. In fact IBM acted to "request" that certain documents were withheld only when officials from Somerset County Council asked them to do so. The law they cite in their defence is the Public Service Contract Regulations 1993, which were introduced to bring the UK into line with European law. Regulation 30 states that " a contracting authority shall comply with such requirements as to confidentiality of information provided to it by a services provider as the services provider may reasonably request."

What is a "reasonable" request?

And since the "request" came from one of the directors of SouthWest One (not IBM) WHO exactly IS the service provider?

SouthWest One may provide services but since it is a Joint Venture Company WITH Somerset County Council it can hardly be fairly described as a service provider. My Lawyers are going to have great fun with this. And I suspect that the fragrant barristerial friend of Alan Jones, Anja Proops, will also be picking up an even bigger crust of council tax payers money when she returns from Tuscany.

She will probably point out one or two other rather embarrassing facts contained in those Public Service Contract Regulations 1993

 

Criteria for the award of a public services contract
    21.— (1)  Subject to paragraphs (5), (6) and (7) below, a contracting authority shall award a public services contract on the basis of the offer which —

 (a) is the most economically advantageous to the contracting authority, or 

 (b) offers the lowest price

 

 

Now there's a funny thing! IBM was the most expensive of the three bidders and the least

"economically advantageous". BT or Capita might wish to challenge the award of this contract. If so they

can cite the very same regulations in court!

 

To use this obscure bit of legislation is just the sort of nasty hole-in-the-corner trick that one might

expect from a low-life time-share salesman. Given that Mr Kershaw doubles as the County's Section 151

Officer - the supposed upholder of decency and probity - it stinks. And it will not stand up in court.

            Read the memo in full. Make your own judgement. But above all help me fight this crookery.

 

From: Paul Lyons [lyonspm@ie.ibm.com]

Sent: 31 July 2008 13:52
To: Alan Palmer
Cc: Jamie.fraser@uk.ibm.com; PAULROBB@uk.ibm.com; Robert_Marcus@uk.ibm.com; sarah.j.remington@uk.ibm.com; simon.humberstone@uk.ibm.com; Matthew Jones
Subject: Fw: Disclosure 3

Alan,

As requested, I confirm that we ask you to consider the request not to disclose these items with reference to Regulation 30 of the Public Service Contract Regulations 1993, which states:

“A contracting authority shall comply with such requirements as to confidentiality of information provided to it by a service provider as the service provider may reasonably request.”

Regards,

Paul

Paul Lyons

Director of Service Operations SouthWest One

Direct: +44-7841496099 lyonspm@ie.ibm.com

3^rd Floor, Quantock House, Paul Street, Taunton, Somerset, TA1 3NX www.southwestone.org.uk

Assistant Deidre Murphy (+353 1 8154182) demurphy@ie.ibm.com

SouthWest One – working in partnership with Somerset County Council, Taunton Deane Borough Council & Avon and Somerset Constabulary. SouthWest One Limited – Registered in England and Wales with number 6373780.Registered Office:PO Box 41, North Harbour, Portsmouth, Hants P06 3AU

Elements of the SouthWest One contract which IBM have indicated are to be retained on the grounds of commercial confidentiality:

Model Service Delivery Contract and Schedules.

Clause 44 of the Model Service Delivery Contract (MSDC)

Schedule 4 – Payment arrangements, service credit mechanism and financial model

Schedule 6 – Deed of Guarantee

Schedule 19 – Workforce Information

Transformation Implementation Contract (TIC)

The Service Orders

Agreements, Guarantee and Minutes

Joint Venture Agreement (JVA)

Royalty Agreement

Guarantee

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Contact Ian: ianliddellgrainger@hotmail.co.uk