Ministry of Justice letterhead

		Roshnee Patel Information Directorate Data Protection (Domestic) Ministry of Justice 6th Floor, Area B 102 Petty France London SW1H 9AJ T 020 3334 5231 E [email address] www.justice.gov.uk


	Mr Peter White [FOI #28369 email]

26 February 2010

Our Reference: FOI/63367

Dear Mr White

Re: Freedom of Information Request

Thank you for your email of the 4 February 2010, in which you requested the following information from the Ministry of Justice (MoJ):

“Please disclose any documentation or correspondence held by the MoJ which relates to the European Commission infraction case 64/08/INSO. In particular any documents or correspondence with other Departments of Government, the European Commission, relating to the Government responses in September 2008, June 2009, or the most recent response to the second stage of the infringement process at the end of 2009.”

I am writing to you to ask for further clarification about the scope of your request. Your request can be read in two ways: the first is broad; the second is much narrower. I would like to know which interpretation is the correct one, and it might be helpful if I explain why in more detail.

It seems to me that your request may be interpreted in one of two ways:

All information in relation to the European Infraction case regarding Phorm. This would include the time frame of July 2008 to present, and would require an extensive search and is likely to engage with the cost limit. It would include things such as Parliamentary Questions, Ministerial Correspondence, as well as former freedom of information requests on the subject. Additionally, it would also include searching agendas, minutes and any other information which might mention Phorm.
All information in relation to responses to the European Infraction case, in September 2008, June 2009 and December 2009. This appears to be much narrower, more specific although indications suggest it may still engage with the cost limit. Within this interpretation, such information would include the draft and final responses sent to the European Commission and information exchange between MoJ and other Government departments in relation to these responses.

In light of the above, it is clear that we will not be able to answer your request without this further clarification. Under section 1(3) of FOIA, a public authority need not comply with a request unless any further information reasonably required to identify and locate the information is supplied.

It may also be helpful to you if I explain how the cost limit under section 12 of the Freedom of Information Act 2000 (FOIA) operates. In summary, the MoJ is not obliged to comply with any information request where the cost of meeting the request would exceed £600. The £600 limit applies to all central government departments and is based on work being carried out at a rate of £25 per hour, which equates to three and a half days work per request. The factors that are considered when estimating costs include those which cover the cost of locating, retrieving and extracting information, and preparing our response to you. They do not include considering whether any information is exempt from disclosure or disbursements such as photocopying or postage.

In addition, under section 16 of FOIA, as a public authority, we are also under a duty to advise and assist you in your request for information. In line with this, it may interest you to know that we've previously answered FOI requests about Phorm. In responding to these other requests, most of the information we hold has been exempt for disclosure under sections 27 (International Relations), 35 (Formulation of Government Policy) and 42 (Legal Advice) of FOIA. However, in response to those requests, as have released some information. Attached in this email are various annexes that we have released previously.

Bearing all this in mind, please could you let me know how you wish to proceed, in particular whether you wish me to take the broad interpretation or the narrow one. If you would like to discuss this further, please contact me using the details above.

I look forward to hearing from you.

Yours sincerely

Roshnee Patel

Policy Advisor

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