Police Headquarters, Martlesham Heath, Ipswich IP5 3QS
Tel: Ipswich 01473 613500 Fax: 01473 613737 (24 hrs)
Calls may be monitored for quality control, security and training purposes. www.suffolk.police.uk
Mr M Walker Your Ref:
[email address] Our Ref: IR -2009-05222
5 January 2010
Dear Mr Walker,
Internal Review of Freedom of Information Act request (F-2009-04294)
I refer to your e-mail of 7 December 2009 concerning the above and your request for an internal review. You have requested an internal review for the following reasons:
`You have failed to fully consider the public interest in disclosure. Specifically we would like the Review to consider the public interest in: -
(a) Assisting public understanding of an issue that is subject to current national debate
(b) Enabling a proper debate of issues relating to Data Protection, Privacy, Freedom of Association, Freedom of Expression and misuse of Government powers to the detriment of individual rights. We argue that an informed debate cannot take place without wide availability of all the relevant information.
(c) Allowing individuals affected adversely in Employment information, which they can refer to in order to challenge discrimination on political grounds.
(d) Allowing analysis and scrutiny of the effect and implications of a major policy decision with Human Rights implications
(e) Providing our Union sufficient information to allow us to make representations on this issue. See Case No A.31/00 relating to the enforcement of The Open Government Code of Practice on Access to Government Information enforced by the Parliamentary Ombudsman. This is particularly important to us as we have members who are or may be directly affected in their employment.
(f) Providing our Union with information, which can be used o see the practical implications of a limitation on the right of Freedom of Association. This is important as further restrictions are being considered. In fact we recently gave evidence to the Smith review (concerning Education) on this point, amongst others.
(g) Providing information, which makes individuals and institutions accountable for decisions.'
A review panel, which in this case comprised of the Information Compliance Manager and myself, have assessed the points you raise and I can confirm that Suffolk Constabulary is not aware of any ongoing national debate in which the government should change the law to allow police membership of the BNP.
Suffolk Police are aware that the barring of police force members from political party membership is already a matter of public record and information pertaining to this can be found in Hansard and media reports of the time when the current Police Regulations were debated in open parliament. This debate has been concluded.
The implementation of any recent changes to Police Regulations would have involved the Police Federation and other staff associations and would have involved internal consultation/discussions with regards its implementation.
There is also a legal bar to membership of a political party (not just BNP), which is not permitted in the Police Service.
I therefore uphold the decision of the FOI Coordinator.
Should you be dissatisfied with this decision, you may make application to the Information Commissioner at www.ico.gov.uk for a decision on whether the request for information has been dealt with in accordance with the requirements of the Freedom of Information Act 2000.
Yours sincerely
Mr Phillip Clayton
Assistant Chief Officer