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This is an HTML version of an attachment to the Freedom of Information request 'Meetings with energy company E.ON'.

Mr Neil Osborne

Freedom of Information Section

Nottinghamshire Police

Telephone:- 0115 9672507

Facsimile:- 0115 9672896

E-mail: [email address]

[FOI #10468 email]

15th July 2009

Dear Mr Osborne

Request under the Freedom of Information Act 2000 (FOIA)

Reference No: FOI09-2152

I write in connection with your request for information dated 16th April 2009, which was received by Nottinghamshire Police on 16th April 2009, and acknowledged by e-mail on 17th April 2009. I note you seek access to the following information:-

a) a list of meetings held between the Nottinghamshire Police and

representatives of the energy company E.ON between April 2008 and

April 2009.

b) a list of those people who attended the meetings and the names

of organisations to which they belong.

c) a list of memos, files or correspondence relating to those

meetings.

Following receipt of your request searches were conducted within Nottinghamshire Police to locate information relevant to your request.

Decision

Please see enclosed response

Complaints Rights

Your attention is drawn to the enclosed review procedure, which details your right of complaint.

Copyright

Nottinghamshire Police in complying with their statutory duty under Sections 1 and 11 of the Freedom of Information Act 2000 (FOIA) to release the enclosed information will not breach the Copyright, Designs and Patents Act 1988.

However, the rights of the copyright owner of the enclosed information will continue to be protected by law. Applications for the copyright owner's written permission to reproduce any part of the attached information should be addressed to the Force Solicitor, Nottinghamshire Police, Force Headquarters, Sherwood Lodge, Arnold, Nottinghamshire, NG5 8PP.

I would like to take this opportunity to thank you for your interest in Nottinghamshire Police.

Should you have any further enquiries concerning this matter, please write or contact the Freedom of Information Officer on telephone number 0115 9672507 or e-mail [email address] quoting the above reference number.

Yours sincerely

Freedom of Information Officer

Enc

RESPONSE

Under S 1 (1) (a) of the Freedom of Information Act 2000 (FOIA), I can confirm that Nottinghamshire Police does hold the information you have requested.

a) a list of meetings held between the Nottinghamshire Police and

representatives of the energy company E.ON between April 2008 and

April 2009.

b) a list of those people who attended the meetings and the names

of organisations to which they belong.

c) a list of memos, files or correspondence relating to those

meetings.

I am unable to provide the details requested under exemption Section 31 Law Enforcement and Section 38 Health and Safety.

To release the list of meetings held by Nottinghamshire Police and E.ON between the specific dates specified, the list of the people attending the meetings, the names of the organisations to which they belong and a list of memo, files or correspondence relating to those meetings could effect future law enforcement by the Force.

A disclosure under the Freedom of Information Act 2000 is in effect a release to the world and not just to the applicant of the request. Considerations then have to be made on how a release of information may be used by any person, for example criminals may use information to piece together times and places that persons meet and what they discuss, which could help to build a picture of how different organisations deal with different issues. This could compromise the health and safety of those individuals, should the persons who attended the meetings have believed that the meetings were closed meetings and their attendance, comments and discussions were in confidence, this could reduce the flow of important information into the Force, this in turn could then impede on future law enforcement.

This letter constitutes a refusal notice under Section 17 of the Freedom of Information Act 2000 and Section 31 and Section 38 of the Act being applied.

31. - (1) Information which is not exempt information by virtue of section 30 is exempt information if its disclosure under this Act would, or would be likely to, prejudice -

  1. the prevention or detection of crime

  1. the apprehension or prosecution of offenders

  1. the administration of justice

  1. the assessment or collection of any tax or duty or of any imposition of a similar nature

  1. the operation of the immigration controls

  1. the maintenance of security and good order in prisons or in other institutions where persons are lawfully detained

  1. the exercise by any public authority of its functions for any of the purposes specified in subsection (2)

  1. any civil proceedings which are brought by or on behalf of a public authority and arise out of an investigation conducted, for any of the purposes specified in subsection (2), by or on behalf of the authority by virtue of Her Majesty's prerogative or by virtue of powers conferred by or under an enactment, or

  1. any inquiry held under the Fatal Accidents and Sudden Deaths Inquiries (Scotland) Act 1976 to the extent that the inquiry rises out of an investigation conducted, for any of the purposes specified in subsection 2), by or on behalf of the authority by virtue of Her Majesty's prerogative or by virtue of powers conferred by or under an enactment.

(2) The purposes referred to in subsection (1) g) to I) are -

  1. the purpose of ascertaining whether any person has failed to comply with the law

  1. the purpose of ascertaining whether any person is responsible for any conduct which is improper

  1. the purpose of ascertaining whether circumstances which would justify regulatory action in pursuance of any enactment exist or may arise

  1. the purpose of ascertaining a person's fitness or competence in relation to the management of bodies corporate or in relation to any profession or other activity which he is, or seeks to become, authorised to carry on

  1. the purpose of ascertaining the cause of an accident

  1. the purpose of protecting charities against misconduct or mismanagement (whether by trustees or other persons) in their administration

  1. the purpose of protecting the property of charities from loss or misapplication

  1. the purpose of recovering the property of charities

  1. the purpose of securing the health, safety and welfare of persons at work, and

  1. the purpose of protecting persons other than persons at work against risk to health or safety arising out of or in connection with the actions of persons at work.

(3) The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1 (1) a) would, or would be likely to, prejudice any of the matters mentioned in subsection (1).

38. - (1) Information is exempt information if its disclosure under this Act would, or would be likely to -

  1. endanger the physical or mental health of any individual, or

  1. endanger the safety of any individual

(2) The duty to confirm or deny does not arise if, or to the extent that, compliance with section 1 (1) a) would, or would be likely to, have either of the effects mentioned in subsection (1).