Gender and Sexual Orientation Equality Unit
Room E3.10
Castle Buildings
Stormont Estate
BELFAST BT4 3SR
Tel: 028 90 528194 Fax: 028 9052 3323
Email: [email address]
Mr Hugh McCloy
Your Ref:
Mailto:request-28697-0a94e99a@whatdo
Our Ref:
FOI 21610
theyknow.com
Date:
2 March 2010
Dear Mr McCloy
Freedom of Information Act 2000
I refer to your request which we received on 10 February 2010 for information relating
to staffing and expenses of the Gender Equality Unit. Your email requested details of
expenses claimed by all staff currently employed by the Gender Equality Unit for the
last 4 years. For each person, you requested name, job title, gender, Directorate and
Service, current salary and details of total expenses claim per year and full details of
any expenses claim exceeding £250. Your request specified that if we could not
release names due to Data Protection rules, you would still like the rest of the
information.
I am writing to confirm that OFMDFM has now completed its consideration of your
request. While most of the information can be provided, I wish to advise you that
some of the information cannot be disclosed, There is an absolute exemption relating
to personal data, provided for at section 40(2) of the Freedom of Information Act
2000. Information which is protected from disclosure under the Data Protection Act
1998 cannot be obtained using the Freedom of Information Act 2000. The names of
the relevant staff, are being withheld as these fall under the terms of the exemption in
section 40(2) of the Freedom of Information Act.
Section 1(1) of the Data Protection Act (DPA) defines the “processing” of information
or data as including its disclosure. The first data protection principle (set out in
Schedule 1 of the DPA) requires that -
Personal data shall be processed fairly and lawfully and, in particular, shall not be
processed unless –
(a) at least one of the conditions in Schedule 2 is met, and
(b) in the case of sensitive personal data, at least one of the conditions in
Schedule 3 is also met.
In this case, none of the conditions in Schedule 2 of the DPA have been met and
therefore to release this information would be in breach of the first data protection
principle.
Furthermore, Section 7(4) of the Data Protection Act states that:
“Where a data controller cannot comply with the request without disclosing
information relating to another individual who can be identified from that information,
he is not obliged to comply with the request unless –
(a) the other individual has consented to the disclosure of the information to the
person making the request; or
(b) it is reasonable in all the circumstances to comply with the request without the
consent of the other individual.
Consent to disclosure has not been received and we consider that there are no
circumstances which would render disclosure reasonable without the consent of the
third parties concerned. As these third parties would have had no expectation that
this information would be released to the public domain, to release it would represent
unfair processing which again would be in breach of the first data protection principle.
In short the personal information scoped by your request is being withheld as it
constitutes information which falls under the terms absolute exemption relating to
personal data, as provided for at section 40(2) of the freedom of information act
2000. Information which is protected from disclosure under the Data Protection Act
1998 cannot be obtained using the Freedom of Information Act 2000.
Nevertheless there is a presumption of a general public interest in disclosure, and
recognising the benefits of openness and transparency, for organisations and for the
public, in responding to this request we have sought to give full, clear, and relevant
information. This is consistent with our commitment to good customer service and
the effective fulfilment of our statutory responsibilities.
Disclosed Information
Over the four year period there have been a number of organisational and personnel
changes. We have however assessed and listed as accurately as possible, below,
the grades and numbers of staff working in the Gender Equality Unit (which is part of
OFMDFM’s Equality Directorate) over the past four years. Over the years both men
and women have worked in the Gender Equality Unit, although over the past four
years the staffing has been women. I have provided information relating to salaries
based on average annual costs to the Department. I have also provided information
on expenses, and individual expenses over £250 incurred by the Unit.
Costs for 2006-07
Grade 7
0.5 of average salary cost £54,957 =
£27,478.50
DP
0.5 of average salary cost £41,599 =
£20,799.50
Total average salary cost
£48,278.00
Individual Expenses over £250:
None
Total expenses for 2006-07:
£1,477.00
Costs for 2007-08
Grade 7
0.5 of average salary cost £57,155 =
£28,577.50
DP
0.5 of average salary cost £43,263 =
£21,631.50
Total average salary cost
£50,209.00
Individual Expenses over £250 - these costs relate to the cost of participation in the
NI delegation to Brussels in connection with Barroso Taskforce discussions.
Air Fares
£554.35
Hotel
£431.89
Total expenses for 2007-08
£2,145.00
Costs for 2008-09
Grade 7
0.5 of average salary cost £58,397 =
£29,198.50
DP
0.9 of average salary cost £44,203 = £39,782.70
Total average salary cost
£68,981.20
Individual Expenses over £250: These relate to participation in the UK delegation to
New York giving evidence to the United Nations Committee on the Elimination of all
Forms of Discrimination against Women.
Air Fares (New York)
£825.00
Hotel
£402.00
Total expenses for 2008-09
£1,760.00
Expenses for 2009-10 (estimated)
Grade 7
0.7 of average salary cost £60,441 =
£42,308.70
DP
1 of average salary cost
£45,750 = £45,750.00
Total average salary cost
£88,058.70
Individual Expenses over £250
Nil
Total expenses for 2009 (estimated)
£1,200.00
If you are unhappy with the level of service you have received in relation to our
handling of this request, you may ask for an internal review within two calendar
months of the date of this letter. You should contact –
Director of Corporate Services
Room E4.20
Castle Buildings
Stormont Estate
BELFAST
BT4 3SR
Tel -
028 9052 8157
Email -
[OFMDFM request email]
If you are not content with the outcome of the internal review, you then have the right
to apply directly to the Information Commissioner for a decision. The Information
Commissioner can be contacted at –
Information Commissioner’s Office
Wycliffe House
Water Lane
WILMSLOW
Cheshire
SK9 5AF
The Information Commissioner will not investigate a complaint unless the internal
review procedure outlined above has been completed.
The supply of information under the Freedom of Information Act does not give the
recipient or organisation that receives it the automatic right to re-use it in any way
that would infringe copyright. The information supplied to you continues to be
protected by the Copyright, Designs and Patents Act 1988. You are free to use it for
your own purposes, including non-commercial research and for the purposes of news
reporting. Any other re-use, for example, making multiple copies, commercial
publishing and issuing copies to the public requires the permission of the copyright
holder and is regulated by the Re-use of Public Sector Information Regulations 2005.
Most documents supplied by OFMDFM will have been produced by government
officials and will be Crown Copyright. Permission to re-use such information must be
obtained in advance from the Controller of HMSO who has responsibility for the
licensing of Crown copyright material. For further details on how to apply for a
licence, please see: http://www.opsi.gov.uk/click-use/index.htm
If you have been provided with information which has originated from 3rd parties, this
continues to be protected by the copyright of the person or organisation from which
the information originated. You must ensure that you gain their permission before
reproducing any 3rd party (ie non Crown Copyright) information supplied to you.
Please contact me if you have any queries about this letter, remembering to quote
the reference number above in any future communications.
Yours sincerely
Eileen Sung
Head of Gender and Sexual Orientation Equality Unit
