Mr M Walker

[email address]

17 December 2009

Dear Mr Walker

FREEDOM OF INFORMATION REQUEST

I write in connection with your request for information dated 26 November 2009, which was received by Cumbria Constabulary on that day. I note you seek access to the following information:-

There are restrictions placed on those working in the Police Force regarding membership of the British National Party. Does your force have any restrictions 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?

On 12 December 2009 we received notification from you regarding the re-wording of your request as follows:

So please can you now provide me with the following information (re-worded question 4 from original FOIR);

The restriction relates to membership (of the BNP). Is there 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?

Your request has now been considered and I can advise that Cumbria Constabulary does not hold any information relating to your request. I have previously forwarded a copy of our force policy on Politically Restricted Posts, reference 510/09.

Police Regulations state that it is unlawful to be a member of a political party, which include the BNP. They only specify membership as being unlawful. However this does not mean that a member of the service may not commit other discipline offences, such as discreditable conduct, dependant on the circumstances, by taking part in any of the above activities. This would be treated on a case by case basis and the circumstances fully investigated if it was brought to the attention of the force as being potentially inappropriate. But this is true of any such allegation being made and is not specific to the BNP, it is simply the standards of professional behaviour that all employees have to adhere to. Staff take up employment with the police service fully aware that there may be certain restrictions placed on their private lives, these are designed to bring about greater public confidence and are based on best practice drawn from ACAS and represents a culture of continuous learning and development.

I am aware that this is the third request we have received from yourself relating to the BNP, the previous two being received on 5 October 2009 and 3 November 2009. Section 14 (2) of the Freedom of Act states where a public authority has previously complied with a request for information which was made by any person, it is not obliged to comply with a subsequent identical or substantially similar request from that person unless a reasonable interval has elapsed between compliance with the previous request and the making of the current request.

As you have made 3 substantially similar requests in quick succession and have been provided with as much information as we are able to disclose, I wish to advise you that we may consider any further similar requests under Section 14 of the Freedom of Information Act (FOIA). Police employee membership of any political party is a statutory bar, and FOIA is not the forum to debate any issues that you may have with that legislation.

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.

Yours sincerely

Jane Jones

Data Protection and Freedom of Information

Professional Standards

Enc

Chief Constable
Craig Mackey

Police Headquarters
Carleton Hall
Penrith, Cumbria
CA10 2AU

www.cumbria.police.uk

Jane Jones

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

Fax: 01768 217638

My Reference FOI 572/09
Your Reference