BENEFIT INVESTIGATION SERVICES

Lesley Exchange One

24 East Bridge Street Belfast BT1 3NR

Telephone No: (028) 90556829 Fax No: (028) 90556999

Text Phone: (028) 90556991

Dear Mr Power

The Information Commissioner's Office (ICO) has been in contact with the Social Security Agency's Benefit Investigation Service (BIS) regarding your requests for information under the Freedom of Information Act 2000. You had previously asked for the number of benefit fraud investigations carried out by the Social Security Agency in the past 5 years in respect of Northern Ireland MPs and MLAs. As the senior operational manager responsible for BIS and the release of any information under the Freedom of Information Act by my staff, I thought that I should reply to you personally about your previous requests for release of information.

It may be helpful if I set out the chronology of events leading up to your contacting the ICO to complain about the non provision of the information you had requested.

On 16 April 2009 you contacted the Department for Social Development requesting details of the number of benefit fraud investigations carried out in the past 5 years on Northern Ireland MPs and MLAs. As any information relating to fraud investigations would be held by my team your request was passed to one of my staff in the Social Security Agency's Benefit Investigation Service.

A response was issued to you on 27 April 2009 informing you that although it was not possible to confirm the number of such investigations carried out, the branch was aware of there having been two such investigations undertaken. No explanation was provided to you as to why it was not possible to confirm the number of such investigations carried out.

On 28 April 2009 you asked for a review of your request, suggesting that the Department could produce a list of all the 108 MLAs and 18 MPS and check this against its computer systems to try and establish the information that you had requested.

A reply was issued to you on 20 May 2009 confirming that a review had been completed and that the original decision contained in the response to you on 27 April 2009 was correct. The letter also went on to say that your suggestion regarding the Department creating a list of all MLAs & MPS and checking this against the computer systems was not a Freedom of Information request as public authorities are not required to create information.

On looking at the responses issued to you I have come to the conclusion that the reply of 27 April 2009 was inadequate as it did not explain why it was not possible to confirm the information that you had requested. I also believe that the information contained in the reply of 20 May 2009 was very misleading and indeed incorrect in the sense that the reason quoted is not a valid reason for exemption from non disclosure of information requested under the Freedom of Information Act 2000. Can I take this opportunity to offer my sincere apologies for the inadequate and incorrect responses that were issued to you and for any annoyance or upset that they may have caused you, as well as the inconvenience of you having to write to the ICO to try and get the information you had requested.

Although I feel your requests were poorly handled, I unfortunately have to inform you that the information you have requested is not available from the computer systems that are used by Benefit Investigation Services for two different reasons. Firstly the computer systems do not record against any investigation whether the individual who was investigated was an MLA or an MP.

Secondly even if a list of current and past MLAs and MPs was compiled and compared against the computer systems it would not be possible to establish how many of the individuals from the compiled list were actually investigated unless the compiled list also contained the National Insurance numbers of the individuals being checked. The Social Security Agency would not be aware of the National Insurance numbers of the MPs & MLAs. Searching the computer systems and only using a name in the search would result in matches being found where an individual who had been investigated for benefit fraud had the same name as an MP or MLA. There would be no way of knowing that the match related to an MP or MLA unless the unique identifier of the National Insurance number was used during the search of the computer records. This should have been explained to you in the earlier responses that were issued to you.

Although I cannot interrogate the computer systems in the manner you have requested I can tell you that I, as the senior operational manager responsible for oversight of all fraud investigations, would have been aware of any and all investigations involving an MP or MLA. I can assure you that although I cannot confirm the information by means of interrogating the computer systems that there have only been two cases investigated in the last 5 years. The outcome of each case was detailed in the response to you of 27 April 2009.

Although their office would not hold information relating to Administrative Penalties, I checked if the Public Prosecution Service for Northern Ireland office holds any information that would record whether an MP or MLA had been prosecuted. I have been told that their systems also do not record whether someone who has been prosecuted was an MP or MLA. You may of course may wish to confirm this information yourself by writing to the Public Prosecution Service at 10^th Floor, Linum House, Bedford Street, Belfast, BT2 7ES.

I appreciate that you may be disappointed by the content of this reply. However, I do hope that the information detailed above will allow you to understand why Benefit Investigation Service has not been able to confirm from its computer records the information you requested, although the details of the number of MLAs and MPs investigated has been supplied to you, based on information known to me and my other senior managers.

Yours sincerely

G Boyle

Head of Benefit Security Services