I’m a free man again

Jul 7 2011 by David Holmes, Chester Chronicle

FOOTBALLER Ryan Giggs’ lawyer has forced Cheshire West and Chester Council to back down over a ‘gagging clause’ signed by an employee on leaving the authority.

Ex-lighting engineer Paul Cardin is now free to request information from the council thanks to a successful legal challenge put together by his barrister Hugh Tomlinson QC, who represented the Manchester United star in the super-injunction case.

During his employment, Mr Cardin had raised concerns about a manager, sparking an external investigation.

On leaving the authority in September, 2009, he entered into a compromise agreement which included a ‘gagging clause’, waiving his right to approach the council with any Freedom of Information or Data Protection (DP) Act requests.

Simon Goacher, the council’s head of legal services, responded to a letter from Mr Cardin’s solicitors by accepting he can now make such requests but not that the clause is unlawful.

He said the terms of the compromise agreement reflected the circumstances at the time.

Council leader Mike Jones confirmed in a letter to Mr Cardin, from Wallasey, that the authority may employ similar clauses again in future.

Mr Cardin, a Falklands War veteran, said: “Cheshire West and Chester Council’s long term attempt to muzzle an ex-employee and prevent them from asking important questions collapsed today.”

He added: “Despite the cave-in, they continue to maintain the clause banning FOI/DP was somehow ‘lawful’. It’s been a long time coming, but victory tastes so good.”

Within an hour of the news, Mr Cardin had submitted an FOI request asking the council to provide information on any personal interests of senior officers that may conflict with their role.