The councilor of Izquierda Unida-Verdes, Gloria Martin, has denounced that the Insurance Compensation Consortium is dismissing the requests of those affected to access the information of the compensation that was granted.
The Consortium bases its dismissal on the fact that it is a "Public Business Entity as provided for in article 43.1.b of Law 6/1997", which is governed by a specific legal regime to which the Law of Common Administrative Procedure does not apply. of the Public Administrations and that, therefore, "is not subject to the publicity regime established therein".
However, the rule by which the Consortium is defined by virtue of the provisions of Article 1 of its Legal Statute is repealed by Law 40/2015, of October 1, on the Legal Regime of the Public Sector, which applies to any body or entity under public law linked to Public Administrations.
Martín has shown his surprise because, in addition, that in the answer given by the Consortium to those affected, it is affirmed that his legal activity is not subject to Law 39/2015, of October 1, of the Common Administrative Procedure of the Public Administrations .
In this regard, he recalled that the request made by those affected is related to the exercise of their right to "access and obtain a copy of the documents" in the procedures that have the status of interested parties (Art. 53.1.a of Law 39 / 2015), which "results from full application to the institutional public sector".
The mayor of IU-Greens also recalled that Law 9/2013, of December 9, transparency, access to public information and good governance, provides in Article 12 "the right of all persons to access public information ", understanding as public information the contents or documents, whatever their format or support, that are in the possession of any of the subjects included in its scope of application.
In this regard, Martin said that this law also applies to public business entities (Article 2), such as the Insurance Compensation Consortium.
Martín wondered how far it is intended to raise the level of defenselessness of those affected by the return of aid, neighbors "who are denying the right to obtain the information necessary to make the claims they deem appropriate in defense of their interests" .
"How many obstacles, obstacles and impediments are going to be put to those affected?" He lamented.
The mayor of IU-Greens said that the victims "only communicated the resolutions of the aid and compensation, but no concepts were indicated, or percentages, they were not told, this amount must be for this, and this is for this other. .. "
Nor were they provided with the technical reports of the inspections carried out in their homes and now, to top it all, they are not provided with information from the Consortium in order to determine if the compensation was granted exclusively for the repair of their homes or also for the replacement of equipment, in which case the CARM would not have the right to claim that part.
For all these reasons, Martín has announced that he will send a complaint to the Ombudsman so that those affected can obtain "the information they need and to which they are entitled".
Source: IU-verdes Lorca