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'Arrest of Mr Green MP and search of his offices'.
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Dear Mr Bimmler,
Thank you for your email dated 4 December 2008.
Our response to your request is as follows:
all information held by the Greater London Authority, especially by the office of the Mayor of London, with regards to the arrest of Mr Damian Green MP and to the search of his office in the Palace of Westminster.
The information you requested is being withheld as it falls under the exemption in section 31 of the Freedom of Information Act. In applying this exemption we have had to balance the public interest in withholding the information against the public interest in disclosing the information. The attached annex to this letter sets out the exemption in full, as well as the factors the GLA considered when deciding where the public interest lay. It also includes a schedule of the information withheld.
If you have any further questions relating to this matter, please contact me, ensuring that you quote the reference at the top of this letter.
Yours sincerely,
Heidi Stokes
Community Safety Team
If you are unhappy with the way the GLA has handled your request, you may complain using the GLA's comments and complaints procedure, available at http://www.london.gov.uk/gla/comments/index.jsp .
Annex 1
Excemptions that apply and reasoning
Exemptions to the duty to disclose information
s.31. Law enforcement
(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 -
(g) the exercise by any public authority of its functions for any of the purposes specified in subsection (2)
(2) The purposes referred to in subsection (1)(g) are-
(b) the purpose of ascertaining whether any person is responsible for any conduct which is improper,
Information this applies to
8 emails containing discussions relating to the arrest of Damian Green
Prejudice test
Disclosure would be likely to result in facts being released in a piecemeal fashion before a fair investigation has been concluded.
Disclosure at this stage would be likely to prejudice the investigations into these matters, which have been referred to the Greater London Authority Monitoring Officer.
Disclosure prior to the investigation being carried out would be likely to unfairly harm the reputation of the Greater London Authority, and the Mayor of London.
Public interest test
For the purposes of s.31 Law enforcement, it is a requirement of the Act to conduct a public interest test to decide whether it is in the public interest to disclose the requested information.
For disclosure
There is a strong generic public interest in openness, transparency, public understanding and accountability in relation to the activities of public authorities.
There has been media interest in the issues surrounding the arrest of Damian Green MP, and there is a public interest in disclosing information relating to this.
Against disclosure
There is a strong public interest in the Greater London Authority Monitoring Officer being able to conduct an investigation into allegations in a fair and balanced way.
Disclosure would be likely to result in facts being released in a piecemeal fashion before their importance to the investigation has been properly realised. This would be likely to prejudice the natural outcome of the investigation.
There is a public interest in authorities being able to establish that their elected members have not been responsible for any conduct which is improper.
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City Hall
The Queen's Walk
More London
London SE1 2AA
Switchboard: 020 7983 4000
Minicom: 020 7983 4458
Web: www.london.gov.uk
Direct telephone: 020 7983 4100 Fax: 020 7983 4057 Email: [Greater London Authority request email]
Our ref: MGLA041208-9529
Date: 9 February 2009
Michael Bimmler
[FOI #4508 email]