We have had a reply from The Assistant Private Secretary to the Interception of Communications Commissioner regarding our Freedom of Information Act request regarding the "Wilson Doctrine" administrative exemption of Members of Parliament to telephone interception.
The letter claims that "your request cannot be acted on" since the Interception of Communications Commissioner is not a "public authority" under the Freedom of Information Act.
If not, then why not ?
According to the Department for Constitutional Affairs, the conditions for a Public Body to be added to the Schedule 1 list under the Freedom of Information Act are:
a. That the body or office was established by any enactment, the Crown prerogative, a government department or a Minister acting in any other way; and
b. That all or any appointments to the body or office are made by the Crown, a Minister or a government department.
There can be no question that both of the criteria for the addition of a Public Body are clearly fulfilled by Regulation of Investigatory Powers Act 2000 section 57 Interception of Communications Commissioner
57. - (1) The Prime Minister shall appoint a Commissioner to be known as the Interception of Communications Commissioner.
We will be writing to the Department for Constitutional Affairs to have all the Commissioners established by the Regulation of Investigatory Powers Act added to the Schedule 1 list of Public Bodies.