The Noble Lord, Lord Laird continues to provide vital Parliamentary scrutiny service to the Nation with the net of enquiry now expanding to include the wider BDUK initiative and the relationships and agendas of Senior Civil Servants within BIS.

The more that the proposed deliverables from the BDUK Industry Day are digested then the more it seems that Taxpayers Money is being proposed to be wasted, to the tune of £200M perhaps, on totally unnecessary “Market Testing” projects which in the context of the present Age of Austerity seems quite extraordinary.

What the UK needs is to find better ways of 4th Utility delivery than the same old, tired-out, top-down thinking that BIS and their QUANGOs are so keen on perpetuating.

The reality is that there is no Taxpayer intervention required to provide the world-class 4th Utility that the UK needs.

What would be helpful from Government is ATFF

Where BDUK can be genuinely helpful is in rolling back regulation and barriers to market entry then stepping back and letting the private and community sectors get on with the job they are already doing.

Tabled on 19 July and due for answer by 2 August.

Lord Laird to ask Her Majesty’s Government in what circumstances members of the House of Lords may be prevented from attending meetings to which persons who are not parliamentary pass holders are invited, which are held in a civil service location and which Members of Parliament are allowed to attend. HL1556
Lord Laird

to ask Her Majesty’s Government whether they will place in the Library of the House a list of those attending the Broadband Delivery UK Industry Day on 15 July at the Department for Business, Innovation and Skills, denoting those who were invited to attend and those who were not.
HL1557

Lord Laird

to ask Her Majesty’s Government what procedure was used by the Department for Business, Innovation and Skills in awarding grants to Independent Networks Co-operative Association on 17 December 2009; how many other applications were made for the grants; how they were advertised; when; by whom; and who selected the successful applicant. HL1558

More to Follow as regards how Localism can offer the answer.

It has been a most unexpected journey along the INCA Trail from what started out in September 2009 as merely a minor, routine enquiry to BIS Civil Servants, initially Andy Carter and latterly Simon Towler and Sam Sharps.

The concern expressed to BIS Civil Servants centred on the apparent scope creep of INCA and the worrying lack of openness and transparency by those behind the scheme.

This scope creep being in clear divergence from the INCA proposal from the Digital Britain Report, inexplicably marginalising the core Final Third constituency (the very communities where market failure might actually warrant the use of any Taxpayer intervention!) and creating the consequent risk of undermining Private Sector business through the waste of Taxpayers Money on yet another useless QUANGO.

This journey has taken some astonishing twists and turns, Independent Scrutiny being unilaterally dismissed by Dave Carter, the then acting chair of the INCA Interim Board, with the apparent connivance of BIS Civil Servants and has finally led on to a wider political and major constitutional question

- namely who has supremacy in the UK, Parliament or Executive?

As regards INCA, as it stands it offers no discernible value-add to what we do, is not an organisation that we would recommend any community or indeed any Publicly-funded body should consider joining either.

The genuinely useful INCA proposed functions of lobbying and sharing best practice for independent NGA and USC networks are already dealt with effectively by respectively the Final Third First Campaign and initiatives including the Rural Broadband Partnership.

Unlike INCA, in both cases not a penny of Taxpayers Money was involved in their establishment, simply action by people motivated to bring about positive change for Digitally Disadvantaged Communities in mainly rural areas.

From a NextGenUs perspective, now that the Big Issue has been broken by Computer Weekly following the unprecedented events at the BDUK Industry Day last Thursday, we are happy to let others more qualified in matters of State to deal with the subject.

This allows us to get on with what we do – providing 4th Utility service to people in a way that safeguards the Community Interest.

The time for Taxpayer-funded talking, Market Testing, Report Writing, Theoretical Consultancy and general navel gazing is gone, the gravy train excesses of the NuLab years are over folks.

The UK is about to experience protracted economic challenges and this requires all of us to step up in a positive manner.

Like the Aussies say, “Time for some Hard Yakka mate”

With cuts to Government Departmental budgets for non-essential activities expected to range between 25% and 40%, anyone affected by these cuts and genuinely looking for a way to add value to society can always pick up a spade and dig a trench for those too old or infirm to get FttH.

Together We Are The Network is the NextGenUs approach and our contribution to helping Build the Big Society.

1 Victoria Street

London SW1H 0ET

Sam.sharps@bis.gsi.gov.uk

BIS Ref: 10/1433

Your Ref:

13 July 2010

Dear Mr Jarvis

Thank you for your email of 23 June in which you requested information about the Independent Networks Co-operative Association.

You asked:

We request you to inform us with minimum delay a complete list of members of the Interim Board of INCA and the membership of the organisation at the date 14 days before the AGM proposed to be held on 30th June 2010.

• I can confirm that the Department for Business holds this information.

• In respect of the Interim Board of INCA, the information is exempt under Section 21 of the Freedom of Information Act (FOIA), because the information is accessible to you, as it is already in the public domain. The information you requested can be retrieved from the INCA website at http://www.inca.coop/about/governance.

• In respect of the membership of INCA at the date 14 days before the AGM (i.e. 16 June 2010), the information we hold is as follows:

Furthermore, please advise what is the place and time of the INCA AGM, as the meeting must be open to the Press and other Media as Taxpayers Money is involved.

• We do not hold any information as to the place and time of the INCA AGM, other than the date of 30 June 2010.

If you are dissatisfied with the handling of your request, you have the right to ask for an internal review. Internal review requests should be submitted within two months of the date of receipt of the response to your original letter and should be addressed to:

David Hendon

Director, Information Economy

1 Victoria Street

London SW1H 0ET

David.hendon@bis.gsi.gov.uk

Please remember to quote the reference number above in any future communications.

If you are not content with the outcome of the internal review, you have the right to apply directly to the Information Commissioner for a decision. The Information Commissioner can be contacted at: Information Commissioner’s Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF

The other comments in your email were not treated as requests under the Freedom of Information Act but I can respond to them as follows.

• Posting the minutes of INCA board meetings on the website is a matter for the INCA board.

• You mention para 34 of INCA’s rules, which as I understand things governs the circumstances in which amendments to the organisation’s rules can be made. Adherence to this rule is a matter for the board, although I am not aware that any amendments were proposed or made.

• Attendance at the AGM by non-members would be at the discretion of the INCA board unless it is specifically governed by the organisation’s rules or law.

• My understanding is that Dave Carter was acting as chair of the Scrutiny and Liaison committee in disbanding that forum – the footer to his email simply reflected the email address he was using. Whether he was authorised to do so would be a matter for the organisation’s rules.

Yours sincerely,

Samuel Sharps

Deputy Director

Information Economy

Lord Laird to ask Her Majesty’s Government what due diligence was carried out by officials at the Department for Business, Innovation and Skills into the reasons for the departures of Malcolm Corbett and Shaun Fensom from Poptel Ltd and The Phone Co-op Ltd before grants were paid to Community Broadband Network Ltd and Independent Networks Co-operative Association Ltd. [BIS]   HL1052

On the occasion of the latest INCA Roadshow in Newmarket this day, two further PQ from the Noble Lord, Lord Laird seeking clarity regarding the sponsorship of INCA and the reality of past CBN membership.

Lord Laird

to ask Her Majesty’s Government, further to the Written Answer by Baroness Wilcox on 1 July (WA 299), which companies were requested by an official of the Department for Business, Innovation and Skills to sponsor or finance Independent Networks Co-operative Association Ltd since its formation; for what purpose; and on what dates. HL991

Lord Laird

to ask Her Majesty’s Government whether they will investigate the statement of Mr Malcolm Corbett, Chief Executive Officer of the Community Broadband Network Ltd, that from 2004 it had acquired 200 members when the governing board declared in its annual return to the Financial Services Authority (FSA) 4, 8, 10, 12 and 12 members for the years 2004 to 2008 respectively; and why from those records filed with the FSA they have not carried out an investigation. HL992

Today’s PQs focus on Third Sector matters.

Lord Laird to ask Her Majesty’s Government whether they plan to pay compensation in response to claims made by co-operatives, housing associations, charities, communities and other organisations that have funded reports by and contracted services, advice and consultancy from Community Broadband Network Ltd and Independent Networks Cooperative Association Ltd.   HL980

Lord Laird to ask Her Majesty’s Government on what dates they requested and obtained copies of the terms of business and contractual liabilities of Community Broadband Network Ltd and Independent Networks Cooperative Association Ltd included in reports they and Directors of the Department for Business, Innovation and Skills produced.   HL981

Lord Laird to ask Her Majesty’s Government, further to the Written Answer by Earl Howe on 28 June (WA 215) concerning the Alston Healthcare project, what measures are in place to monitor grants to the organisation; who conducts the monitoring; and when. HL982

Lord Laird to ask Her Majesty’s Government whether Government agencies contributed funds for the contracts between Fibrecity Holdings Ltd, H2O International Ltd, H2O Support Services, Innovation and World Wide Distribution Centre and Fibre Associates Ltd with Bournemouth Borough Council and Dundee City Council; if so, how much; whether they stipulated any terms and conditions in the contracts; and whether they will place a copy of the advice on the contracts in the Library of the House.   HL984

Lord Laird to ask Her Majesty’s Government which departments, agencies and other organisations were requested by an official of the Department for Business, Innovation and Skills to sponsor or finance Independent Networks Co-operative Association Ltd since its formation; for what purpose; and on what dates. [BIS] HL818

Lord Laird to ask Her Majesty’s Government whether the Department for Business, Innovation and Skills requested, or was provided with evidence of, the educational qualifications, training and experience in electronics, communications and transmission systems relating to broadband technology and its delivery of Adrian Wooster, Chief Technical Officer of Community Broadband Network Ltd and Independent Networks Co-operative Association Ltd; if so, when; what checks they carried out into his statement of previous positions held and his education; and when they carried out those checks. [BIS] HL819

Lord Laird to ask Her Majesty’s Government, further to the Written Answer by Baroness Wilcox on 24 June (WA 207), why the note of the meeting on 30 March does not cover discussion on the formation, management and the grant aiding of Independent Network Co-operative Association Ltd that informed the last 15 minutes of the meeting; which ministers and senior management the Head of Broadband Policy and Programmes referred to on 10 June in an email reply to Guy Jarvis; why the note was not passed to the Permanent Secretary; and whether they will place it in the Library of the House. [BIS] HL820

Lord Laird to ask Her Majesty’s Government what contracts have been awarded for the delivery of broadband technology, Next Generation Access and a Universal Service Commitment for (a) feasibility studies, (b) pilot projects, and (c) projects, which are part or fully funded with European aid; in which contracts Community Broadband Network Ltd, Independent Networks Cooperative Association, Independent Networks Cooperative Association Ltd or their founding names, directors or officers participated as assessors of Government agency, commercial or other schemes in each of the last three years; how much was paid to them; and on what dates. HL866

Lord Laird to ask Her Majesty’s Government, further to the Written Answer by Baroness Wilcox on 10 June (WA 55), whether they will place in the Library of the House a copy of the annual returns and financial statements for 2007 and 2008 of Community Broadband Network Ltd supplied on 1 December 2009 to the Department for Business, Innovation and Skills (BIS) and released in Freedom of Information case 10/1065 on 18 June 2010; why two years’ annual returns and financial statements were requested on 27 and 30 November 2009 by BIS when no returns had been registered by the Financial Services Authority between 31 December 2005 and 8 December 2009; and what due diligence was undertaken on receipt of the annual returns and financial statements. HL871

Lord Laird to ask Her Majesty’s Government whether they will ask the National Audit Office to investigate the procurement of contracts entered into by Accelerate Nottingham and the management of broadband services by the Director of Accelerate Nottingham; what grants or other payments have been paid in each of the last six years to Accelerate Nottingham by Government departments or bodies; and what payments have been made to (a) Community Broadband Network Ltd since 2004, and (b) Independent Networks Co-operative Association Ltd since its formation, by Accelerate Nottingham; and under what terms. [BIS]   HL730

Lord Laird to ask Her Majesty’s Government what procurement process was used by Independent Networks Cooperative Association (INCA) to ensure transparency in agreeing the contract to license the brand and stage the four NextGen Roadshow one-day events with Community Broadband Network Ltd; how many requests for quotations were made by INCA to other providers; how many other offers to stage roadshows were received; whether the process was overseen by the Department for Business, Innovation and Skills; what funding was agreed by the Department; and whether they will place all relevant documents in the Library of the House.   HL772

Lord Laird to ask Her Majesty’s Government whether the official record of a meeting on 30 March led by Guy Jarvis to discuss future broadband delivery with the Head of Broadband Policy and Programmes at the Department for Business, Innovation and Skills includes all discussion at the meeting about the formation, individuals and management of Community Broadband Network and Independent Networks Co-operatives Association; whether that record was passed to the Permanent Secretary of the Department; and, if so, on what date. HL577

Lord Laird to ask Her Majesty’s Government whether they will ask the National Audit Office to investigate the use of public funds for the Alston Healthcare project. HL578

So proceed the PQs of The Noble Lord, Lord Laird, on the subject of INCA, those behind that scheme and wider matters of National Interest concerning the future of broadband in the UK.

Follow up questions:

Lord Laird to ask Her Majesty’s Government, further to the Written Answer by Baroness Wilcox on 9 June (WA 42), who are the members of the team of Broadband Delivery UK. [BIS]   HL460

Spotlight on BIS and CBN Ltd:

Lord Laird to ask Her Majesty’s Government, further to the Written Answer by Baroness Wilcox on 10 June (WA 55), why the Department for Business, Innovation and Skills issued a formal grant offer letter on 17 December 2009 for up to £150,000 to Malcolm Corbett as Chief Executive of the Independent Networks Co-operative Association when, as Chief Executive Officer of Community Broadband Networks Ltd, he had not filed and received registration of the annual returns and accounts of Community Broadband Networks Ltd for the years 2005–08. [BIS]   HL461

Spotlight on BIS and Media Information Access Control:

Lord Laird to ask Her Majesty’s Government in what circumstances the Department for Business, Innovation and Skills restricts access to press facilities for individual members of the media; when that has happened; and in respect of whom.   HL516

Spotlight on the Communications Consumer Panel due diligence process:

Lord Laird to ask Her Majesty’s Government whether they will place in the Library of the House a copy of all evidence that was collected in preparing the report of the Communications Consumer Panel Local initiatives on next generation access in the UK.   HL517

Spotlight on Alston Cybermoor and value for Taxpayers Money:

Lord Laird to ask Her Majesty’s Government what measures are in place for an independent professional evaluation of the grants of £300,000 in 2008 and £900,000 in 2009 to Alston Healthcare under control of Cybermoor Ltd and Curlew Consulting Ltd for the delivery of high speed broadband; who will undertake any such evaluation; and how many customers are in each speed group .   HL519

Lord Laird to ask Her Majesty’s Government what procurement process was employed by the Department for Business, Innovation and Skills to ensure transparency in issuing the contract to Independent Networks Cooperative Association Ltd to license the four NextGen Roadshow one-day events; how many requests for quotations were made to other providers; how many other offers to stage roadshows were received; and whether they will place all relevant documents in the Library of the House. HL361

Lord Laird to ask Her Majesty’s Government whether they will place in the Library of the House minutes of meetings and correspondence entered into by the Director of Communications, Content Industries Directorate, at the Department for Business, Innovation and Skills or his staff with members and executives of Community Broadband Network Ltd in the setting up of Independent Networks Cooperative Association as an unincorporated association or Independent Networks Cooperative Association Ltd; and how they checked the history, operation and record of contractual delivery of Community Broadband Network Ltd and its executives and members. HL362