May 2007 Archives

According to the Financial Times the Office of Government Commerce, a creature of Her Majesty's Treasury, headed by Chancellor soon to be Prime Minister Gordon Brown is appealing against the Information Tribunal's decision to uphold the Information Commissioner's decision to order the OGC to publish in full, the documents requested in our Freedom of Information Act for the Stage Zero and two Pre-Stage Zero Gateway Review reports into the Home Office's controversial and hugely expensive Identity Cards Programme.

The Freedom of Information Act 2000 Section 59 Appeals from decision of Tribunal does allow for an appeal against the decision of the Information Tribunal to be heard by the High Court, but only on a point of law

59. Any party to an appeal to the Tribunal under section 57 may appeal from the decision of the Tribunal on a point of law to the appropriate court; and that court shall be-

(a) the High Court of Justice in England if the address of the public authority is in England or Wales,
(b) the Court of Session if that address is in Scotland, and
(c) the High Court of Justice in Northern Ireland if that address is in Northern Ireland.

We are mystified as to what "points of law" OGC can possibly argue before the High Court.

How much money in legal fees will all these pointless appeals end up costing the taxpayers ?

Gordon Brown is already reneging on his recent promises about "open government" or public transparency and accountability. He does not have to wait to take over as Prime Minister, he could have ordered the documents to be released disclosed already, since the OGC is directly under his control as Chancellor of the Exchequer. It seems unlikely that such an infamous micro-manager, would not be fully aware of the OGC decision to waste further public money on legal costs in this matter.

We are awaiting details of any future High Court dates for this case, which could possibly be done via written submissions without a formal hearing. Hopefully the High Court will decide to reject the OGC appeal.

Apart from the Freedom of Information Act 2000, the Information Commissioner also regulates the Environmental Information Regulations 2004, which are a result of European Union law i.e. Article 7 (2) of the European Directive (2003/4/EC)

There seems to be less scope for a Government Department to wriggle out of providing EIR request information, compared with an FOIA request on the same topic. All the usual "Sir Humphrey" excuses seem to have a public interest test, so there are no absolute exemptions.

We shall see if Gordon Brown's vague promises of a more open and transparent Government mean anything to the supposedly re-organised Home Office, or whether they will obstruct our EIR request for basic information about the Tracer Gas Trials which are meant to have started today in the Marylebone / Westminster areas of London, as part of some Chemical Biological Radiological Nuclear defence experiments being conducted, not on a test range, but in a real urban city environment.

This basic information, such as exactly what the unnamed , allegedly harmless Tracer Gases (plural) are, what quantities are to be released into the environment, and the Environmental Impact Assessment, etc. should, according to the Environmental Information Regulations have been proactively published already.

As an example of the sort of Freedom of Information Act requests which have nothing to do with MPs' expenses, but which would also be banned by David Maclean's Private Member's Bill which is rearing its ugly head again next Friday 19th May, the notorious Freedom of Information Act (Amendment) Bill, we have asked the House of Commons and the House of Lords about the Designation of the Public Areas of the Palace of Westminster and Portcullis House, under the Serious Organised Crime and Police Act 2005 section 128.

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It looks as if Spy Blog has won another round in the long running attempt to get some of the background information on the Home Office's Identity Cards Programme, which should have been made public before the Identity Cards Act 2006 was debated in Parliament.

Office of Government Commerce v Information Commissioner (2 May 2007) (.pdf 104 kb) {UPDATED link to .pdf file)


Information Tribunal

Appeal Numbers:
EA/2006/0068 and 0080
Freedom of Information Act 2000 (FOIA)

Decision Promulgated
02 May 2007

Heard at Procession House, London
On 12, 13, 14 and 16 March 2007

BEFORE
INFORMATION TRIBUNAL CHAIRMAN

John Angel
And

LAY MEMBERS
David Wilkinson and Peter Dixon

Between
OFFICE OF GOVERNMENT COMMERCE
Appellant

And

INFORMATION COMMISSIONER
Respondent

Representation:
For the Appellant: Mr Robin Tam QC
For the Respondent: Mr Timothy Pitt-Payne

Decision

The Tribunal upholds the decision notices dated 31st July 2006 and 5th October 2006, except that we find that section 33 as well as section 35 FOIA is engaged, and dismisses the appeals.

[...]

90. The Tribunal has considered all the circumstances of this case and finds that the public interest in maintaining the exemption does not outweigh the public interest in disclosure. In other words we uphold the Commissioner’s Decision Notices in this case.

[...]

Remedies

92. The Tribunal orders that the disputed information is disclosed to the complainants. However before requiring this order to be carried out we are prepared to give the parties 14 days from the date of this decision to make written submissions to us as to whether the names of the individuals listed as Reviewers and Interviewees in the disputed information should be redacted. Once we have determined this matter we will then require the OGC to disclose the information in whatever format we determine within 14 days of that determination.

John Angel
Chairman

Date 02 May 2007

About this blog

This United Kingdom based blog has been spawned from Spy Blog, and is meant to provide a place to track our Freedom of Information Act 2000 requests to United Kingdom Government and other Public Authorities.

If you have suggestions for other FOIA requests,  bearing in mind the large list of exemptions, then email them to us, or use the comments facility on this blog, and we will see  what we can do, without you yourself having to come under the direct scrutiny of  "Sir Humphrey Appleby" or his minions.

Email Contact

Please feel free to email us your views about this website or news about the issues it tries to comment on:

email: blog @spy[dot]org[dot]uk

Here is our PGP public encryption key or download it via a PGP Keyserver.

WhatDoTheyKnow.com

WhatDoTheyKnow.com - FOIA request submission and publication website from MySociety.org

Campaign Button Links

Watching Them, Watching Us - UK Public CCTV Surveillance Regulation Campaign
UK Public CCTV Surveillance Regulation Campaign

NO2ID Campaign - cross party opposition to the NuLabour Compulsory Biometric ID Card
NO2ID Campaign - cross party opposition to the NuLabour Compulsory Biometric ID Card and National Identity Register centralised database.

Gary McKinnon is facing extradition to the USA under the controversial Extradition Act 2003, without any prima facie evidence or charges brought against him in a UK court. Try him here in the UK, under UK law.
Gary McKinnon is facing extradition to the USA under the controversial Extradition Act 2003, without any prima facie evidence or charges brought against him in a UK court. Try him here in the UK, under UK law.

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FreeFarid.com - Kafkaesque extradition of Farid Hilali under the European Arrest Warrant to Spain

Peaceful resistance to the curtailment of our rights to Free Assembly and Free Speech in the SOCPA Designated Area around Parliament Square and beyond
Parliament Protest blog - resistance to the Designated Area restricting peaceful demonstrations or lobbying in the vicinity of Parliament.

Petition to the European Commission and European Parliament against their vague Data Retention plans
Data Retention is No Solution - Petition to the European Commission and European Parliament against their vague Data Retention plans.

Save Parliament: Legislative and Regulatory Reform Bill (and other issues)
Save Parliament - Legislative and Regulatory Reform Bill (and other issues)

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Open Rights Group

The Big Opt Out Campaign - opt out of having your NHS Care Record medical records and personal details stored insecurely on a massive national centralised database.

Tor - the onion routing network
Tor - the onion routing network - "Tor aims to defend against traffic analysis, a form of network surveillance that threatens personal anonymity and privacy, confidential business activities and relationships, and state security. Communications are bounced around a distributed network of servers called onion routers, protecting you from websites that build profiles of your interests, local eavesdroppers that read your data or learn what sites you visit, and even the onion routers themselves."

Tor - the onion routing network
Anonymous Blogging with Wordpress and Tor - useful Guide published by Global Voices Advocacy with step by step software configuration screenshots (updated March 10th 2009).

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Amnesty International's irrepressible.info campaign

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BlogSafer - wiki with multilingual guides to anonymous blogging

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NGO in a box - Security Edition privacy and security software tools

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Home Office Watch blog, "a single repository of all the shambolic errors and mistakes made by the British Home Office compiled from Parliamentary Questions, news reports, and tip-offs by the Liberal Democrat Home Affairs team." - does this apply to the Conservative - Liberal Democrat coalition government as well ?

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Reporters Without Borders - Reporters Sans Frontières - campaign for journalists 'and bloggers' freedom in repressive countries and war zones.

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Committee to Protect Bloggers - "devoted to the protection of bloggers worldwide with a focus on highlighting the plight of bloggers threatened and imprisoned by their government."

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Icelanders are NOT terrorists ! - despite Gordon Brown and Alistair Darling's use of anti-terrorism legislation to seize the assets of Icelandic banks.

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No CCTV - The Campaign Against CCTV

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I'm a Photographer Not a Terrorist !

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Power 2010 cross party, political reform campaign

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Cracking the Black Box - "aims to expose technology that is being used in inappropriate ways. We hope to bring together the insights of experts and whistleblowers to shine a light into the dark recesses of systems that are responsible for causing many of the privacy problems faced by millions of people."

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Open Rights Group - Petition against the renewal of the Interception Modernisation Programme

Yes, Minister

Yes, Minister Series 1, Episode 1, "Open Government" First airtime BBC: 25 February 1980

"Bernard Woolley: "Well, yes, Sir...I mean, it [open government] is the Minister's policy after all."
Sir Arnold: "My dear boy, it is a contradiction in terms: you can be open or you can have government."

FOIA Links

Campaign for the Freedom of Information

Office of the Information Commissioner,
who is meant to regulate the Freedom of Information Act 2000 in England, Wales and Northern Ireland.

Scottish Information Commissioner,
who similarly regulates the Freedom of Information Act (Scotland) 2002

Information Tribunal - deals with appeals against decisions by the Information Commissioners.

Freedom of Information pages - Department for Constitutional Affairs

Friends of the Earth FOIA Request Generator and links to contact details for Central Government Departments and their Publication Schemes

UK Government Information Asset Register - in theory, this should point you to the correct Government documents, but in practice...well see for yourself.

Access all Information is also logging some FOIA requests

foi.mysociety.org - prototype FOIA request submission, tracking and publication website

Blog Links

Spy Blog

UK Freedom of Information Act Blog - started by Steve Wood, now handed over to Katherine Gundersen

Your Right To Know - Heather Brooke

Informaticopia - Rod Ward

Open Secrets - a blog about freedom of information by BBC journalist Martin Rosenbaum

Panopticon blog - by Timothy Pitt-Payne and Anya Proops. Timothy Pitt-Payne is probably the leading legal expert on the UK's Freedom of Information Act law, often appearing on behlaf of the Information Commissioner's Office at the Information Tribunal.

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Recent Comments

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