2 March 2015 – Stakeholder & Media Update re BIS Pedlar Consultation
Why will this government not publish ALL stakeholder replies to a public consultation?
A government report BIS/14/776 “Street Trading & Pedlary: Compliance with the EU Services Directive” was published in October 2014.
It contained BIS analysis and response to stakeholder’s ongoing consultation that began in 2008.
The communications below are pedlar stakeholder attempts since publication to hold government to account by insisting that it fulfill a consultation/ministerial undertaking of full disclosure with the report to provide context without which the Report remains irrelevant.
Five months on and still no FULL disclosure?
…
Below are pedlars.info communications with government:
BIS replies in blue…
Date: 23 February 2015 08:50:56 GMT
Dear Ms Housden
Thank you for your response but unfortunately the advice you have been given is misleading or inaccurate for the following reason:
BIS/14/776 page 4 states that responses were received from police forces but none are published.
Please have the minister confirm why police force responses are missing and notify all stakeholders when to expect their publication.
Please also be informed that stakeholders contend that your involvement is/was completely unnecessary had your department fulfilled its written undertakings as per… URN12/605 November 2012 page 9:
“BIS will publish all of the responses received…”.
by ministerial letter 26 July 2014:
“The Department is currently analysing the respopnses to the consultation and hopes to publish the analysis and the Government’s decisions later in the summer. We intend to publish the responses to the consultation at the same time so that the decisions can be seen in context“.
and by BIS Gemma Lobb by email 9 December 2104:
“Please be reassured that the responses document publication will be published soon – as soon as it is I shall be happy to let you know.”
Gemma Lobb, Jo Swinson and the department have each failed their duties to stakeholders.
Your reply wrongly infers that I “have received a response [the link that you provided] from them” and this I reject on the basis that none have communicated the publication date. The last communication from BIS was 9 December 2014 prior to publication – hence my Formal Complaint 9 February 2015 that Ms Lobb could so easily have responded to by a 1 line email with link on 23 December 2014 but preferred to further delay by referring my Formal Complaint 2 months later to you for reasons unknown.
We require that you return the status of the complaint to “remaining to be dealt with”.
Finally as a matter of public service would you please confirm by email reply that you will request the minister to inform all stakeholders by email of the link that you have sent to me Friday. As far as pedlars.info knows nobody has been informed that the information has existed in the public domain since Christmas Eve 2014. We at pedlars.info can inform some but are not responsible for informing all parties.
Stakeholders await the minister’s reply.
Yours sincerely
Robert Campbell-Lloyd
Date: 20 February 2015 11:28:51 GMT
Mr Campbell-Lloyd
Thank you for your email of 9 February. The responses to the consultation you refer to were published on 22 December 2014. You can find them here: https://www.gov.uk/government/consultations/street-trading-and-pedlary-laws-a-joint-consultation-on-draft-regulations-to-repeal-the-pedlars-acts-uk-wide-and-make-changes-to-the-street-trading-legislation-in-england-wales-and-northern-ireland
As you have previously been in touch with the relevant policy officials about this and received a response from them, I will register this complaint as being dealt with at the 2nd stage of the Department’s complaints procedure.
If you are not satisfied with the outcome of this complaint you should request an independent review of how the Department has handled your complaint.
Full details of the Department’s complaints procedure can be found on our website – https://www.gov.uk/government/organisations/department-for-business-innovation-skills/about/complaints-procedure
The complaints procedure does not include referral to the Minister, Secretary of State or the Permanent Secretary, if you wish to bring this issue to their attention I suggest you approach your MP and ask him/her to write in on your behalf.
Thank you
Yours
Margaret Housden
Enquiry Unit & Night Duty Manager | Departmental Complaints Officer
Date: 11 February 2015 11:08:50 GMT
Dear Ms Housden
No Confidence
You will recall a 2013 Formal Complaints Procedure during which stakeholders contend that process was used to avoid engagement with Complaints.
There remains no satisfactory outcome as the Complaints were and continue to be wholly ignored by all operatives at BIS.
Pedlar stakeholders have no confidence in your ability to resolve this Complaint.
Pedlars await only a substantive response from the Minister, the Secretary of State or the Permanent Secretary by Wednesday 18 February.
In the alternative they may be satisfied if full disclosure of all Stakeholder Responses to URN12/605 & 606 is published by 18 February.
We have copied in Ms Lobb as the nominated point of contact at BIS to inform all concerned.
Yours sincerely
Robert Campbell-Lloyd
cc Gemma Lobb
Date: 10 February 2015 18:27:55 GMT
Dear Mr Campbell-Lloyd
Your complaint has been passed to me as the Departmental Complaints Officer. In line with our published procedures you will receive a response within 15 working days (no later than 5 March 2015).
Thank you
Margaret Housden
Enquiry Unit & Night Duty Manager | Departmental Complaints Officer
Date: 9 February 2015 15:51:24 GMT
Dear Ms Lobb
Formal Complaint – Please Escalate
We have listed the communications that began with you 6 November 2014.
Your department and Minister Jo Swinson gave written undertakings to publish stakeholder responses to URN12/605&606 with BIS/14/776 some 4 months ago.
Pedlars have identified major flaws and concerns within BIS/14/776 that require government to address.
Pedlar stakeholder’s are unable to finalise their response/draft Briefing Paper for peer review and publication until BIS provides full disclosure for public scrutiny.
We are concerned that BIS has failed to meet stakeholder expectation of transparent public consultation.
We are further concerned that you may have adopted your department’s “policy to ignore stakeholders” as repeatedly alleged throughout previous years.
Please be advised that this email is a Formal Complaint that you are requested to escalate for the attention of the Minister, the Secretary of State and the Permanent Secretary.
If we have not received a substantive communication from one of those titled officers within 7 days we will publish this communication and seek media attention.
Yours sincerely
Robert Campbell-Lloyd
admin
Date: 12 December 2014 07:59:07 GMT
Gemma
Your selective reply to our email 29 November was not helpful and I reiterate once again:
1 Please confirm that government is taking no immediate action to implement BIS/14/776 until stakeholders have had sufficient time to consider the full context of the response.
In the light of how long it took your department to publish its report pedlars request a minimum period of 3 months following publication prior to any moves towards implementation.
2 You may be aware that we have had numerous points of contact at BIS and I ask if you would be so kind as to provide me with a list of members of the Street Trading and Pedlary Policy Team who compiled BIS/14/776 or should this be an FoI Request?
Please respond by return.
Robert
Date: 9 December 2014 10:24:39 GMT
Dear Robert
Please be reassured that the responses document publication will be published soon- as soon as it is I shall be happy to let you know.
Best wishes, Gemma
Date: 9 December 2014 08:35:05 GMT
Gemma
BIS Point of Contact – Duty of Care
You are aware of our email to you 29 November 2014.
Stakeholders have been awaiting the information since 21 October.
In the absence of a substantive reply within 7 days I am duty bound to instigate a formal complaint.
Robert
Date: 29 November 2014 08:28:55 GMT
Hi Gemma
Pedlars are asking when they can expect the link?
Please confirm that government is taking no immediate action to implement BIS/14/776 until stakeholders have had sufficient time to consider the full context of the response.
In the light of how long it took your department to publish its report pedlars request a minimum period of 3 months following publication prior to any moves towards implementation.
Numerous concerns/responses are being compiled at pedlars.info.
You may be aware that we have had numerous points of contact at BIS and I ask if you would be so kind as to provide me with a list of members of the Street Trading and Pedlary Policy Team who compiled BIS/14/776 or should this be an FoI Request?
It is relevant for the purpose of communication continuity.
Await your reply
Robert
Date: 14 November 2014 11:35:35 GMT
Hi Robert,
Yes, there will be a link to the responses document from the consultation response page.
The delay is because for public publications we have to ensure that all personal details are redacted from the responses from individuals.
Best wishes
Gemma
Date: 14 November 2014 11:16:08 GMT
Gemma
The Scottish Government confirms that it already has copy of ALL responses so please confirm why there is any delay.
Please also confirm that all stakeholders will be notified to a link attached to the BIS Response page.
thanks
Robert
Date: 14 November 2014 10:32:53 GMT
Many thanks for your email. Please be assured that we are in the process of publishing the responses to the consultation and this will be done soon. When it has been done I shall be very happy to let you know.
Please use me as your point of contact and my details are below.
Best wishes,
Gemma
From: Pedlars Admin [mailto:pedlars.admin@gmail.com]
Sent: 06 November 2014 12:58
To: Street Trading and Services Directive Compliance Consultation
Subject: URN12/605&606 BIS/14/776
Sirs
Consultation URN12/605&606 – Stakeholder Responses
URN12/605 November 2012 page 9 gave an undertaking that
“BIS will publish all of the responses received…”.
Pedlars have repeatedly requested publication of all the responses and the minister has made various statements about when that will happen with the latest being minister Jo Swinsons written undertaking 26 July 2014 (not 2013 as written)
“The Department is currently analysing the respopnses to the consultation and hopes to publish the analysis and the Government’s decisions later in the summer. We intend to publish the responses to the consultation at the same time…”.
Since publication of BIS/14/776 pedlars are awaiting notification of publication to enable them to understand the government’s decisions “in context”.
Please urgently provide a link to ALL responses.
BIS Point of Contact
Paul Bland was the last nominated point of contact at BIS for the consultation but has not accepted any telephone calls, responded to answer phone messages, or responded to any of four emails since December 2013.
Please provide name and email address for pedlars point of contact at BIS.
Yours faithfully
Robert Campbell-Lloyd
administrator at pedlars.info