18 March 2009 (date)

Reference: 09/56

Dear Mr Reith

I am writing to you in response to your email dated 28 February 2009 where you requested the following information:

`Could you please send me copies of correspondence, documents, memos etc held by the NIO in relation to the suspension of the former Deputy Chief Constable of Greater Manchester Police John Stalker from duty in 1986 and his removal from what was commonly known as the "shoot to kill" inquiry in Northern Ireland'.

I can confirm that the Northern Ireland Office does hold information relating to the Stalker-Sampson investigation. We do not hold files specifically in relation to Mr Stalker's suspension. Any information relating to your request could therefore be held in most, if not all, of the NIO's general files relating to that investigation.

The Northern Ireland Office has estimated that to locate, retrieve and extract the information that might be relevant to your request would involve work considerably more than the appropriate limit, this is due to the large number of files held. The appropriate limit is specified in regulations and for central government is set at £600. This represents the estimated cost of one person spending 3.5 working days or 24 hours in determining whether the Department holds the information, and locating, retrieving and extracting the information. To date, 46 files have been identified as potentially containing relevant information. It is estimated that to search through each file manually for relevant information will take 1 member of staff approximately 1 hour, giving a total of 46 hours work. At a cost of £25 per hour, this equates to £1,150 which is higher than the appropriate limit. Consequently, the department is not obliged by the Freedom of Information Act 2000 to comply with your request under section 12(1) of the Freedom of Information Act, 2000.

The files which we have identified as potentially containing relevant information range over the period of 1984 to 1995. You may, therefore wish to consider refining the scope of your request. One way of doing so might be to specify a more defined date range, for example, the period between 1986 to 1987 which may enable us to conduct a more targeted file search.

I should make clear that the Freedom of Information Act does contain a number of exemptions which we will consider in respect of any information we might find, and so a further refinement of your request does not guarantee any / all information being provided.

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. If you request an internal review please do so in writing stating the reasons to the address above.

If following an internal review you were to remain dissatisfied you may make a complaint to the Information Commissioner and ask him to investigate whether the NIO has complied with the terms of the FOIA. You can write to the Information Commissioner at:

The Commissioner will not investigate a complaint unless an internal review procedure has been carried out.

Further details on the role of the Information Commissioner and the handling of appeals can be found at: www.informationcommissioner.gov.uk

If you wish to discuss this please contact the Freedom of Information Team using the contact details provided at the top of the first page. Please remember to quote your reference in any correspondence.

Yours sincerely

Freedom of Information Manager

Northern Ireland Office

Freedom of Information Team

11 Millbank

London

SW1P 4PN

Telephone 020 7210 0840

Email: [NIO request email]

Freedom of Information Team