THE Tele has won a landmark freedom of information victory after taking a stand against what has been ruled to be unlawful secrecy by Inverclyde Council.

We took the local authority to task over its repeated refusal to release a publicly-funded report into the state of the iconic Comet paddle steamer replica in Port Glasgow which was left to rot through a decade of inaction.

The council twice insisted it was not sufficiently in the public interest to publish the £5,000 naval architect report it received in 2019 before the document went before elected members — who didn't get to debate it until 11 months later.

Following a formal appeal by the Telegraph, Scotland's Information Commissioner, Daren Fitzhenry, has declared that the council's argument for withholding the document from the people of Inverclyde does not hold water.

In a humiliating ruling for the local authority, the commissioner's office states: "Inverclyde Council failed to comply with the Freedom of Information (Scotland) Act 2002 in responding to the information request made by the applicant."

We exclusively revealed last April that Comet — the most recognisable local symbol of the district's rich maritime heritage — had been condemned following an expert examination of her derelict condition.

However, a request under freedom of information legislation for the council to release the full report was refused.

Our call for the local authority to review its decision drew a further blank.

The council sought to justify its refusal through a section of the law which allows for information to be withheld where release 'would otherwise prejudice substantially, or be likely to prejudice substantially, the effective conduct of public affairs'.

But Municipal Buildings chiefs failed to demonstrate to the commissioner in any evidential way what specific harm would have been caused by releasing the report.

The Telegraph successfully argued that the significant public interest in Comet outweighed any reservations the council had.

The commissioner's office ruling declares: "The commissioner...is not satisfied that disclosure would, or would be likely to, prejudice substantially the effective conduct of public affairs as suggested by the council.

"The submissions received from the council are generic in nature, focussing on the protective space for decision-makers as opposed to the impact of disclosure of the information in question.

"The council's submission does not explain why disclosure of this particular information would, or would be likely to, cause the substantial prejudice.

"In the absence of any submissions or evidence supporting harm of the kind described by the council, the commissioner cannot accept that disclosure of the information, at the time the council issued its review response, would have prejudiced substantially, or have been likely to prejudice substantially, the effective conduct of public affairs."

The ruling adds: "In all the circumstances, therefore, the commissioner does not accept that the council was correct to withhold the information..."

The council set aside £50,000 in April 2019 to help address a catalogue of serious structural issues with Comet, but a full year later the only money spent from that budget was on the then secret condition report.

Officials said at the time they were 'concerned' about the 'important symbol of Inverclyde and Port Glasgow's rich maritime history'.

A further six months elapsed before the report, received by the council in November 2019 — four months before the Covid lockdown — finally went before councillors in October 2020.

Although the document had been published by this time, the Telegraph still sought an adjudication from the information commissioner on the council's two refusals to release it previously.

Comet today continues to cut a pitiful sight in her prominent position in the centre of Port Glasgow.

The cost of replacing her has been estimated to be between £250,000 and £750,000.

Today, six months after the naval architect report was debated by councillors, there is still no clear-cut plan of action of what should happen now.

The council says it is planning to 'commemorate' Comet.

A spokesman for the local authority said: "We note the information commissioner's comments.

"The [naval architect] report was provided directly to the Greenock Telegraph and made available for all to see on the council website in October last year.

"We're working in partnership with the Port Glasgow Regeneration Forum to develop plans to commemorate the Comet replica.

"Those will be published in the usual manner in due course."