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'Guidance to the ICO'.
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Laurence Fiddler Information Directorate 102 Petty France London SW1H 9AJ T: 02033343800 F: 08707394249
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Mr Stuart Hardwicke Carruthers (by email)
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Our ref: FOI/56027/LO |
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12th |
Dear Mr Hardwicke Carruthers
Thank you for your e-mail of 27th September asking whether the Lord Chancellor and Secretary of State for Justice and his Department has entered into correspondence with the Information Commissioner “identifying that Council's as part of their publication scheme should be required to identify and advertise their failure to appoint individuals to these positions so that the electorate are able to challenge any appointment that these authorities might support through the electoral process”. You asked for copies of the correspondence.
You also asked whether the Lord Chancellor and Secretary of State for Justice and his Department “identified to members of Parliament the questionability of their election due to the failures of the members of the local associations that run Council'”. Finally, you referred to our reply to you earlier request (ref OPR/042/005/2057) where you said we had identified “that no member of Parliament has brought the failure of their local association's to the attention of your Department. However, it is documented that a significant number of council's are in no position to return an MP to Parliament. Could you identify if it is the intention of the Minister and their Department to bring the matter to the attention of the government - so that they can inform the Crown.” You requested copies of all correspondence. Your request has been considered under the Freedom of Information Act 2000. Please accept my apologies for the delay in replying.
I can inform that following a search of both our paper and electronic records the information you have requested is not held by this Department.
It may help if I clarify the position as regards to Returning Officers. Returning o[Author ID2: at Tue Nov 11 13:00:00 2008
]O[Author ID2: at Tue Nov 11 13:00:00 2008
]fficers are not actually appointed per se[Author ID2: at Tue Nov 11 13:01:00 2008
],[Author ID2: at Tue Nov 11 13:02:00 2008
] [Author ID2: at Tue Nov 11 13:02:00 2008
]but by virtue of section 24(1) of the 1983 Electoral Administration[Author ID2: at Tue Nov 11 13:01:00 2008
]Representation of the People[Author ID2: at Tue Nov 11 13:01:00 2008
] Act [Author ID2: at Tue Nov 11 13:03:00 2008
] [Author ID2: at Tue Nov 11 13:03:00 2008
]are the sheriff of the county, the chairman of the county or county borough council, or the mayor of a London borough. As you know, r[Author ID2: at Tue Nov 11 13:06:00 2008
]R[Author ID2: at Tue Nov 11 13:06:00 2008
]eturning o[Author ID2: at Tue Nov 11 13:06:00 2008
]O[Author ID2: at Tue Nov 11 13:06:00 2008
]fficers are more figureheads who may [Author ID2: at Tue Nov 11 13:02:00 2008
]take little active part in the running of the parliamentary election. The duties of the r[Author ID2: at Tue Nov 11 13:05:00 2008
]R[Author ID2: at Tue Nov 11 13:05:00 2008
]eturning o[Author ID2: at Tue Nov 11 13:05:00 2008
]O[Author ID2: at Tue Nov 11 13:05:00 2008
]fficer are discharged by a[Author ID2: at Tue Nov 11 13:04:00 2008
]A[Author ID2: at Tue Nov 11 13:04:00 2008
]cting r[Author ID2: at Tue Nov 11 13:04:00 2008
]R[Author ID2: at Tue Nov 11 13:04:00 2008
]eturning o[Author ID2: at Tue Nov 11 13:04:00 2008
]O[Author ID2: at Tue Nov 11 13:04:00 2008
]fficers under section 28 of the 1983 Act. According to section 28 a[Author ID2: at Tue Nov 11 13:05:00 2008
]A[Author ID2: at Tue Nov 11 13:05:00 2008
]cting r[Author ID2: at Tue Nov 11 13:05:00 2008
]R[Author ID2: at Tue Nov 11 13:05:00 2008
]eturning o[Author ID2: at Tue Nov 11 13:05:00 2008
]O[Author ID2: at Tue Nov 11 13:05:00 2008
]fficers are r[Author ID2: at Tue Nov 11 13:06:00 2008
]R[Author ID2: at Tue Nov 11 13:06:00 2008
]egistration o[Author ID2: at Tue Nov 11 13:06:00 2008
]O[Author ID2: at Tue Nov 11 13:06:00 2008
]fficers who are appointed by that [Author ID2: at Tue Nov 11 13:04:00 2008
]the [Author ID2: at Tue Nov 11 13:04:00 2008
]Council (under section 8 of the Representation of the People Act[Author ID2: at Tue Nov 11 13:04:00 2008
]).
You may also be interested in having a look at the Information Commissioner's Office (ICO) website and the ICO's model publication scheme definition document for local authorities, which does refer to Returning Officers and Electoral Registration Officers:
"Election information
We recognise that the offices of the Returning Officer and of the Electoral Registration Officer are separate to the functions of local authorities. Information held by a local authority on behalf of these two officers is not currently covered by the Freedom of Information Act. However, much of the information about elections is also held by local authorities themselves and we would expect to see most of this made available through the publication scheme. By way of example this would include: forthcoming elections, election results, review of polling stations, information on becoming a councillor, voting procedures." (see: http://www.ico.gov.uk/Home/what_we_cover/freedom_of_information/publication_schemes/definition_document_local_government.aspx)
I hope this information is useful. If you are unhappy with the result of your request for information, you may request an internal review within two calendar months of the date of this letter by writing to Data Access and Compliance Unit, Ministry of Justice, 1st Floor, 102 Petty France, London SW1H 9AJ.
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. The Information Commissioner can be contacted at Information Commissioner's Office, Wycliffe House, Water Lane, Wilmslow, Cheshire, SK9 5AF.
Yours sincerely
Laurence Fiddler
Information Directorate
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