Mr Carroll by e-mail
15 April 2010
Your Ref: 850
Dear Mr Carroll
REQUEST FOR CHaIRS GROUP PAPERS
Further to my letters to you of 11 and 30 March, this is to confirm that we are
now in a position to formally respond to your Freedom of Information (FOI)
request.
Following careful consideration of your request, we are able to provide you
with the attached papers, as follows:
CHaIRS terms of reference and membership (revised March 2010)
Notes of all the six CHaIRS meetings held so far1
Please note that some text within the meeting notes have been redacted in
accordance with Section 312 of the FOI Act, on the basis that this relates to
ongoing incidents where disclosure may prejudice the investigation. Where
information has been redacted, this is clearly shown within the notes.
As Section 31 provides a qualified exemption under the Act, we have carried
out a public interest test to decide whether on balance the public interest
would be best served by releasing or withholding the information. We
recognise that there is a public interest in openness and in understanding how
food safety incidents are handled. However, we consider there is a stronger
public interest in the investigations and possible prosecutions being able to
run their course. If released, the information may reveal the course taken and
detail of investigations which are ongoing. At this point in time, we consider
the balance of public interest is strongly in favour of withholding this further
information.
1 On 2/12/08, 25/3/09, 30/6/09, 9/9/09, 2/12/09 and 23/2/09.
2 Specifically, the redacted information falls within scope of section 31(1)(g) and s31(2)(a)and (c) of the
Act, i.e. it is information the disclosure of which would be likely to prejudice the exercise by any public
authority of its functions for the purposes of ascertaining whether any person has failed to comply with
the law, or circumstances which would justify regulatory action in pursuance of any enactment exist or
may arise.
4th Floor, Aviation House,125 Kingsway, London WC2B 6NH
Tel: 020 7276 8799 E-mail: [email address]
Please note, the information supplied to you continues to be protected by
intellectual property law. You are free to use it for your own purposes,
including any non-commercial research you are undertaking. Any other re
-
use, for example commercial publication, would require the permission of the
copyright holder and is regulated by the Re-use of Public Sector Information
Regulations 2005 (SI 2005/1515) (as amended). Many documents supplied
by the Food Standards Agency will have been produced by government
officials and will be Crown Copyright. You can find details on the
arrangements for re-using documents covered by Crown Copyright on:
http://www.opsi.gov.uk
Information you receive which is not subject to Crown Copyright continues to
be protected by the copyright or other Intellectual Property rights of the
person, or organisation, from which the information originated. You should
ensure that you gain their permission before reproducing or publishing any
third party (non Crown Copyright) information.
If you have any queries about this letter, please contact me. Please
remember to quote the reference number at the top of this letter in any future
communications.
If you are not satisfied with the way the Agency has handled your request for
information, you should write within two calendar months of the date of this
letter to the Openness Team, and ask for an internal review. They will
arrange for the Complaints Coordinator to conduct the review. Their address
is Food Standards Agency, Room 2C Aviation House, 125 Kingsway, London,
WC2B 6NH (email
:[email address] ).
If you are not content with the outcome of the internal review, you have the
right to apply directly to the Information Commissioner for a decision.
Generally, the ICO cannot make a decision unless you have exhausted the
complaints procedure provided by the Agency. The Information
Commissioner can be contacted at: Information Commissioner’s Office,
Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF or through the
website a
t http://www.ico.gov.uk/
Yours sincerely
John Caseley
Incidents Unit
Food Standards Agency