Information Access Team
Information Management Service
Room No: Ground Floor, Seacole Building, 2 Marsham Street, London, SW1P 4DF
Switchboard 020 7035 4848
E-mail [email address] www.homeoffice.gov.uk
Mr Andrew Watson
Our Ref 13892
request-27977-
Your Ref
[email address]
Date
10 May 2010
Dear Mr Watson
Freedom of Information request (our ref. 13892): internal review
I am writing further to my e-mail of 26th March 2010 about your request for an
internal review of the response to your Freedom of Information (FoI) request
about the dates and locations of all meetings of the Public Panel regional groups
held to date and the minutes of said meetings.
I have now completed the review. I have examined all the relevant papers and
have consulted the policy unit which provided the original response. I have
considered whether the correct procedures were followed and assessed the
reasons behind the response that was issued to you. I confirm that I was not
involved in the initial handling of your request.
My findings are set out in the attached report. My main conclusion is that the
response issued to you citing Section 22 as grounds for withholding the
information was correct. The information you requested was published on the
17th, 18th, and 19th March 2010 and can be found at this link:
http://www.ips.gov.uk/cps/rde/xchg/ips_live/hs.xsl/1602.htm.
However, the response you were sent should have included a public interest test
argument for the use of Section 22. You will find the correct public interest test
arguments considered in the attached report within paragraphs 14-18.
I can also confirm that your request was answered within 20 working days and
therefore there was no procedural breach of section 10(1) of the Act.
I would like to inform you that I am happy to talk to you about our conclusions if
you wish to contact me.
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This completes the internal review process by the Home Office. If you remain
dissatisfied with the response to your FoI request, you have the right of complaint
to the Information Commissioner at the following address:
The Information Commissioner
Wycliffe House
Water Lane
Wilmslow
Cheshire SK9 5AF
Yours sincerely
Martin Riddle
Information Access Team
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Internal review of response to request under the Freedom of Information
(FoI) Act 2000 by Mr Andrew Watson (reference 13892)
Responding Unit: Identity and Passport Service (IPS)
Chronology
Original
FoI
request: 28/01/2010
Acknowledgement:
02/02/2010
Identity and Passport Service (IPS) response:
25/02/2010
Request
for
internal
review: 23/03/2010
Subject of request
1. Mr Watson asked for the following information regarding two external recruitment
campaigns.
You have appointed members of the public to a âPublic Panelâ related to the
National Identity Scheme, Please send me:
â˘
The dates and locations of all meetings of the Public Panel regional groups
held to date.
â˘
The minutes of all meetings of the Public Panel regional groups held to date.
The response by Identity and Passport Service (IPS)
2. The response issued to Mr Watson exempted the information from disclosure
under section 22 of the Freedom of Information Act. Section 22 relates to
information intended for future publication and the response stated that it was the
intention of IPS to publish the requested information by spring of this year.
Mr Watsonâs request for an internal review
3. In his request for an internal review Mr Watson states the following grounds:
âThe exemption only applies if "it is reasonable in all the circumstances that the
information should be withheld from disclosure until the date referred to". You are
soliciting members of the public to join these panels, and also soliciting questions
to be put to the panels. It is therefore unreasonable to withhold minutes saying
what the panels have already discussed from those considering whether to join a
panel, or whether to propose a question.â
4. Mr Watson further states that:
âYour rejection also fails the test of "reasonableness" on the common definition of
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minutes as the rapidly-available record of the proceedings of a meeting. It is now
five months since the first round of public panel meetings; if the minutes of these
meetings are intended to be published, it is not reasonable that they be so long
delayed until a completely arbitrary date.â
5. The final point Mr Watson makes is as follows:
âYour rejection says "... it is our intention to publish the information that you have
requested by spring of this year. The minutes of all the meetings along with
associated papers wil be published on the Public Panel pages of our external
IPS website." Spring began two days ago on 21st March, so your self-declared
deadline has expired, but the minutes have not yet appeared on the web site.â
Procedural issues
6. The original request was submitted on 28 January 2010 and a full response was
issued on 25 February 2010. This represents a period of 20 working days
between receipt of the request and the final response being issued. This means
that the response was within the target deadline of 20 working days as specified
in section 10(1) of the Act.
7. A letter was sent on 2 February to Mr Watson acknowledging receipt of the case
and advising when the deadline was. Although this is not a requirement of the
Act, it is generally considered best practice to do so and IPS followed this best
practice.
8. The 20 working day deadline is extendable by virtue of section 10(3) of the Act.
Given that the response was issued within the time limit of 20 working days and
that no qualified exemptions were engaged, this was not necessary in this case.
Consideration of the response
9. Section 22 can only be applied if a number of conditions have been met. The Act
states that the following must apply for it to be eligible:
Information is exempt information ifâ
(a) the information is held by the public authority with a view to its publication,
by the authority or any other person, at some future date (whether
determined or not),
(b) the information was already held with a view to such publication at the
time when the request for information was made, and
(c) it is reasonable in all the circumstances that the information should be
withheld from disclosure until the date referred to in paragraph (a).
10. As a result of this review I can confirm that this was indeed the case in regard to
sections (a) and (b). In relation to (c) I have examined this in more detail in
paragraphs 15 and 22 below.
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11. However, the application of section 22 is subject to one further important
qualification; the public interest test must be satisfied. The response to this case
cited no public interest test argument as grounds for using the section 22
exemption.
12. Mr Watson states a clear valid public interest test argument in his request for an
internal review, as to why it is in the public interest to release these documents in
response to the request rather than via the planned publication of the information
on the IPS website. Mr Watson points out that it is unfair to withhold the
information on what has already been discussed from those either considering
joining a panel or proposing a question.
13. However there are counter argument to his statement that should have been
addressed and included in the Section 22 response issued to Mr Watson. These
arguments include the following points.
14. The Freedom of Information Act recognises the desirability of information being
freely available in its own right, but section 22 also acknowledges that public
authorities must have freedom to be able to determine their own publication
timetables. This allows them to deal with the necessary preparation,
administration and context of publication. Where information is intended to be
made available, individual requests for information should not determine the
publication timetables of public authorities.
15. In this particular case, we must first consider the individuals who made up the
panel. The panel members and members of the public, who volunteered to take
part in the exercise, have rights awarded to them under both the Freedom of
Information Act and the Data Protection Act to protect them. Any consultation with
them and any contributions they have made must be examined closely. Before
anything is published the Home Office must ensure that what has been recorded is
accurate and has been portrayed in the right context. Their approval of the
recorded information must be sought.
16. Secondly, the Home Office must ensure that the information intended for
publication meets the standards and requirements set for departmental
publications. This requires time. It would be considered unfair for the Home
Office to release this information prior to meeting such standards. As an example
of this, the reports of public inquiries are often published under the protection of
the Parliamentary Papers Act to avoid defamation or other civil action.
17. Finally we must also consider whether releasing the information in response to
this request would result in âunfairnessâ to others who might be affected by the
release of this information to Mr Watson first. By releasing the information in
response to Mr Watsonâs FOI request before releasing it to others would privilege
him to the information before the rest of the general public.
18. I acknowledge that the requested information about the âPublic Panelâ relates to
the National Identity Scheme which is considered a highly sensitive topic. Any
information released wil ultimately affect the public at large and therefore it is in
the public interest to release the information to everyone at the same time.
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19. In Mr Watsonâs request for an internal review, one of the points he raised related
to the fact that IPS did not publish the information when they indicated. IPS
responded stating that the intention was to publish âby spring of this yearâ. Mr
Watson has interpreted this to mean the start of spring as of the 21st March 2010.
Although it would be possible to analyse this statement and argue points around
its interpretation, the exercise is irrelevant. One of the clauses in section 22 is
that when citing it as a means to withhold the information, the exact date, does
not necessarily have to have been decided already, nor does it have to be cited
in the response. The reason for this as stated above is that section 22
acknowledges that public authorities must have freedom to be able to determine
their own publication timetables. IPS provided a rough time frame in their
response in order to be helpful even though one was not required.
20. However there are limits as to how long a timetable the public authority can put in
place for publishing information and this must be considered when citing section
22 as grounds for withholding the information. Public authorities should not be
able to avoid putting information in the public domain by adopting unreasonable
publication timetables or an 'intention' to publish where there is little prospect of
that happening within a reasonable timescale. Mr Watson raised this issue in his
request for an internal review when he spoke about waiting 5 months since the
first public panel meeting.
21. However, the points raised by Mr Watson that are covered in paragraphs 18 and
19 are mitigated by the fact that IPS published the outcomes of the meetings that
have been held to date on the 17th, 18th and 19th March 2010, one week prior to
Mr Watson submitting his request for an internal review. The relevant information
can be found at this location:-
http://www.ips.gov.uk/cps/rde/xchg/ips_live/hs.xsl/1602.htm. The link contains all
the information requested by Mr Watson, including the dates, locations and
minutes (marked as notes of the meetings at the link) of the meetings that have
been held to date. This means that IPS met their obligations as outlined in their
original response to Mr Watson and did so prior to the date specified by Mr
Watson of 21st March 2010, as the date he expected all publications relating to
this matter to be published by.
Conclusion
22. There was no procedural breach of section 10(1) as the reply was issued within
the 20 working day deadline.
23. There was no procedural breach of section 1(1)(a) as the response stated that
the precise information requested was held.
24. Section 22(1) was technically breached as although the response to the request
relied on Section 22 it did not include any public interest test arguments that are
required when citing this exemption.
25. The decision to withhold the information under section 22(1) has been upheld, by
utilising section 22(1). This exemption requires a public interest test and this can
be found in paragraphs 15-18 above.
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Information Access Team
Home Office
10/05/10
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