Direct Communications Unit

2 Marsham Street, London SW1P 4DF

Switchboard 020 7035 4848 Fax: 020 7035 4745 Textphone: 020 7035 4742

E-mail: [Home Office request email] Website: www.homeoffice.gov.uk

11 February 2009

Dear Mr Bimmler

Thank you for your e-mail dated 1 December 2008, in which you ask for all information held by the Home Office with regards to the arrest of Mr Damian Green MP and to the search of his office in the Palace of Westminster, including:

Your request has been handled in accordance with the Freedom of Information Act 2000.

We believe that the information requested in questions 1 and 3 is already available within the Speaker's statement which can be accessed by logging onto the House of Common's website at:

http://www.publications.parliament.uk/pa/cm200809/cmhansrd/cm081203/debtext/81203-0001.htm#08120351000001 No additional information is held by the Home Office.

Section 21 of the Freedom of Information Act exempts the Home Office from complying with the duty to supply you with this information on the grounds that it is already in the public domain. Should you have difficulties in accessing this information by the means listed above please do not hesitate to contact me again.

I can confirm that the Home Office holds information relevant to question 2 of your request. However I am not obliged to disclose it to you. After careful consideration we have decided that this information is exempt from disclosure by virtue of Section 31(1)(a) of the Freedom of Information Act. This provides that information can be withheld where disclosure would prejudice the prevention or detection of crime. Section 31(1)(a) is a qualified exemption, and as such a Public Interest Test (PIT) is required to balance the considerations favouring disclosure against those favouring non-disclosure. The PIT can be found in the annex to this letter.

I hope you find the information contained within the above links of interest, and would like to assure you that you have been supplied with all disclosable information that the Home Office holds. Where information has been withheld, I would like to assure you that we have considered the application of exemptions with great care in this case.

Yours sincerely,

J Wynne

Annex- Complaints

If you are dissatisfied with this response you may request an independent internal review of our handling of your request by submitting your complaint within two months to the below address quoting reference 10826:

Information Rights Team
Information and Record Management Service
Home Office
4th Floor, Seacole Building
2 Marsham Street
London
SW1P 4DF

Email: [email address]

During the independent review the department's handling of your information request will be reassessed by staff who were not involved in providing you with this response. Should you remain dissatisfied after this internal review, you will have a right of complaint to the Information Commissioner as established by section 50 of the Freedom of Information Act.

Public Interest Test

Section 31 - Law Enforcement

Section 31(1)(a) of the Freedom of Information Act states:

31(1) Information which is not exempt information by virtue of section 30 is exempt information if its disclosure under this Act would, or would be likely to prejudice-

Public interest considerations in favour of disclosure

Considerations in favour of disclosing information covered by this exemption include the benefits arising from increased openness and accountability in government. In addition to the desire for openness and transparency in government, the Home Office recognises the fact that openness in government increases public trust in, and engagement with, the government.

Public interest considerations favouring non-disclosure

The considerations in favour of releasing the information covered by this exemption must be balanced against those considerations favouring non-disclosure. The release of information covered by this exemption could prejudice ongoing investigations. There is a clear need to ensure that these matters can be investigated without the threat of them being inadvertently prejudiced by the inappropriate release of information.

It is my opinion that in this instance the public interest falls significantly in favour of withholding information relevant to this part of your request. The release of information which may serve to prejudice any ongoing investigation would clearly not be in the greater public interest.