13 August 2008

Dear Mr Jellinek,

Freedom of Information - Request for Information

I am writing in response to your request for information about letters and emails exchanged between Mr Simon Berry and DCLG. Your request has been considered under the Freedom of Information Act 2000. We received your request on Monday 28 July 2008.

I can confirm that Communities and Local Government does hold the information that you have requested.

Communities and Local Government advertised widely for a secondee to join the department for three months to provide advice to the Community Empowerment Division during a period that covered the publication of the Empowerment White Paper. Several individuals applied for the post. Mr Berry was the successful candidate.

During his secondment, Mr Berry developed CLG's role in using new technologies to promote community empowerment and building alliances across government, including the Ministry of Justice, the Department for Innovation, Universities and Skills and with Cabinet Office. He also helped the department to use new technologies as part of the policy development process and on delivery models for the new technologies policies; identifying in particular how new policies would work with technologies and approaches already being tried.

Communities and Local Government has encouraged Mr Berry to engage with a number of stakeholders to develop policy options. This has included a workshop that he organised on 3^rd July 2008 which was hosted by the Department and facilitated by David Wilcox. He has been as open as possible about the work that he has done for the department during his secondment. He developed an online workbench at http://www.web24gov.org.uk/ which details his activities throughout the period of his secondment. Information on this website will provide you with details of the work that he has undertaken.

Although Mr Berry has provided a large amount of information about his work within the department, I must advise you however that your request for all emails between Simon Berry and the department falls under exemption under Section 35 of the Freedom of Information Act - Formulation of Government Policy. This exemption is subject to a public interest test, and the arguments in favour of, and against the disclosure of this information is set out below.

Arguments for Disclosure

Arguments against Disclosure

Mr Berry has demonstrated transparency by setting up the online workbench http://www.web24gov.org.uk/ which enables people to keep up to date with his activities. This meets the public interest in demonstrating greater transparency and making government more accountable.

There is a very strong public interest in allowing external experts such as Mr Berry to be seconded into the department to provide frank and candid advice in his area of expertise without fear of that advice being disclosed, in order to improve policy making service delivery. Disclosing the content of all of his emails would have the effect of reducing the willingness of experts to provide such advice to the department and thus have an adverse impact on both policy making and service delivery.

Taking into account the points made above and of the summary of Mr Berry's work within the department that I have provided you with, I am therefore withholding the information about email exchanges that you have requested under Section 35 of the Freedom of Information Act 2000. I am doing so on the grounds that it relates to the formulation and development of Government policy and its disclosure would have an adverse effect on that process.

For your information I am attaching to this letter a copy of the job advert at Annex A and a copy of your original request at Annex B.

Communities and Local Government as an organisation aims to be as helpful as possible in the way it deals with requests for information under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004. If, however, you are not satisfied with the way in which your request has been handled or the outcome, you may request an internal review within two calendar months of the date of this letter. Information about the Department's review procedures and how to apply for an internal review of your case is contained on the Department's website at http://www.communities.gov.uk/corporate/foi/. This also explains your right to apply directly to the Information Commissioner for a decision in the event that you remain dissatisfied following the authority's review

If you have any queries about this letter, please contact me. Please remember to quote the reference number above in any future communications.

Yours sincerely,

Antony Carpen

Community Empowerment Strategy Division

Annex A - Job Advert

Job title: Policy advisor: new technologies and online tools

Division: Community Empowerment Directorate

Location: Eland House

Open to: Secondees from within or outside government

NB needed urgently for a period of 3 months, to start as soon as possible

Background

The Community Empowerment Strategy Division is leading an exciting and challenging agenda which is a top priority for the Secretary of State. Its objectives are to:

The job will involve

Essential criteria:

Desirable criteria:

Salary: Grade 7 or £42,435.00 - £56,544.00 pro rata.

Full time or part time considered but must be in the office at least 3 days a week

How to apply:

Existing civil servants: please submit your last two appraisals, a covering letter outlining your suitability for the role and confirmation from your line manager that you will be released to take up this post on secondment.

External applicants: please submit your current C.V. and a covering letter outlining your suitability for the role, including your availability to take up post.

For more information or to submit an application please contact:

Emma Hagan at [email address] / 0207 944 3440

Applications must be received no later than Friday 25th April

Annex B - Original Request

-----Original Message-----

From: Dan Jellinek [mailto:[FOI #1480 email]]

Sent: Monday, July 28, 2008 4:01 PM

To: CONTACTUS

Subject: Freedom of Information request - correspondence with Simon Berry

Dear Sir or Madam,

I would like to request a copy of all emails and letters exchanged

between DCLG officials and Simon Berry of Ruralnet.

I understand that Mr Berry has been commissioned by your department

to do some work on the use of the internet to promote local

democracy, but for some reason you have requested that he not

discuss even what work it is that he has been asked to do.

I have no idea why this would be, as he has been commissioned with

public money, so please let me have this information as soon as

possible.

Yours faithfully, Dan Jellinek Editor E-Government Bulletin

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