Mr M Walker

[email address]

8 December 2009

Dear Mr Walker

FREEDOM OF INFORMATION REQUEST

I write in connection with your request for information dated 3 November 2009, which was received by Cumbria Constabulary on that day. I note you seek access to the following information: -

1. Prior to 1st January 2005 had any members of your Police Force

been disciplined in connection with membership of:-

a) the British National Party;

b) Combat 18; or

c) the National Front

Please provide details of how many and the outcomes of such

disciplinary procedures if any.

2. After 1st January 2005 have any members of your Police Force

been disciplined in connection with membership of:-

a) the British National Party;

b) Combat 18; or

c) the National Front

Please provide details of how many and the outcomes of such

disciplinary procedures if any.

3. After 1st January 2005 did you review the Human Rights

implications of the restriction? Please supply minutes and other

documentation relating to such a review.

4. The restriction relates to membership. Do you consider that

there is any restriction on a member of your Police Force:-

a) donating to the British National Party

b) subscribing to a British National Party publication

c) purchasing goods from the British National Party

d) signing a petition in favour of the British National Party

e) signing a nomination form for a British National Party candidate

I have considered your original request and also your request for an internal review. I would like to acknowledge that a response was not provided to you within the 20 working days required by the Freedom of Information Act, and therefore this constitutes a breach of Section 10(1) of that act, and for this I apologise.

Your request has now been considered and I can advise the following,

With regard to questions 1, 2 and 3 Cumbria Constabulary holds no information in relation to these requests.

Question 4, is not a valid Freedom of Information request as to `consider' is asking for an opinion and in accordance with ICO guidance “Making a request for information” “…the authority does not have to answer your question if this would mean creating new information or giving an opinion or judgement that is not already recorded”.

Under Section 16 of the act, I have a duty to assist the applicant. Therefore I have attached our force policy on Politically Restricted Posts, which I hope will assist you.

In addition, the following decision was taken by ACPO Chief Constables' Council in 2004 which endorsed the following:

“No member of the police service, whether police officer or police staff, maybe a member of an organisation whose constitution, aims, objectives or pronouncements contradict the general duty to promote race quality. This specifically includes the British National Party.” It added that, “in view of the importance on public confidence of meeting the general duty to promote race equality established in the Race Relations (Amendment Act) 2000, it is anticipated that non-compliance will result in dismissal”.

This position is judged to be consistent with Regulation 6 of the Police (Amendment) Regulations 2003 and with Paragraph 12 of the Police Code of Conduct, hence the reference to dismissal. This remains the policy of the police service in England and Wales to date and officers or staff who were found to be member of the BNP would be dealt with under Regulations 6 of the Police (Amendment) Regulations 2003 and with Paragraph 12 of the Police Code of Conduct.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet which details your right of complaint.

If you have any further enquiries about this matter, please write or contact me on the above telephone number. I would like to take this opportunity to thank you for your interest in Cumbria Constabulary and apologise for the delay in responding to your request.

Yours sincerely

Jane Jones

Data Protection and Freedom of Information

Professional Standards

Enc

Jane Jones

Freedom of Information
Email [email address]
Tel: 01768 217194

Fax: 01768 217638

My Reference FOI 510/09
Your Reference

Chief Constable
Craig Mackey

Police Headquarters
Carleton Hall
Penrith, Cumbria
CA10 2AU

www.cumbria.police.uk