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Conflicts of interest in "enforcing authorities"

David Hansen made this Freedom of Information request to Health and Safety Executive

The request was successful.

From: David Hansen

30 October 2011

Dear Health and Safety Executive,

I refer to
http://www.whatdotheyknow.com/request/fa...
where you directed me to the City of London.

As outlined in
http://www.guardian.co.uk/uk/2011/oct/28...
the City of London is colluding with St Paul's in taking legal
action against the very group St Paul's appear to have failed to
pass on safety information to. It is highly unlikely that the City
of London would undermine this legal action by asking searching
questions of their partners in crime, which might have the effect
of undermining the legal action. There is a clear conflict of
interest, which is likely to mean the City of London do not enforce
anything with regard to this matter.

Please assist me with my enquiries in this matter by forwarding
copies of the documents in which you have outlined how to identify
such conflicts of interest and the steps you will take to deal with
this problem. This cannot be the first time a conflict of interest
has arisen in an "enforcing authority" and you will have had to
consider the issues and conducted a risk assessment on them.

Please note that "replies" which involve attachments in proprietary
file formats are not acceptable. A reply which is not in plain text
format will be deemed to be a refusal to answer. The documents may
not be easily renderable in plain text, in which case Acrobat would
be acceptable.

Yours faithfully,

David Hansen

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Health and Safety Executive

2 November 2011

Mr Hansen

Regarding you comments below, I can only repeat that the enforcing
authority for this location is the City of London. If you are unhappy
with the LA's response, you can submit your grievance to the ombudsman,
you will find contact details in this link -
http://www.direct.gov.uk/en/Diol1/DoItOn...

Regards

Vinnette Hall
Freedom of Information Officer
FOD - Southern Division
Health & Safety Executive
Rose Court
2 Southwark Bridge
London SE1 9HS

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From: David Hansen

2 November 2011

Dear Health and Safety Executive,

If you are refusing to answer my enquiries then you should issue a
refusal notice, outlining your claimed reason(s) for refusing this
enquiry.

Yours faithfully,

David Hansen

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Health and Safety Executive

4 November 2011

Dear Mr Hansen

Freedom of Information Request Reference No: 2011110095

Thank you for your request for information about:

* Conflicts of interest in enforcing authorities

My apologies for my previous email, I had incorrectly assumed your email
below was a continuation of your original request sent on 28 October
2011.

Your request was received on 31 October 2011 and I am dealing with it in
accordance with the Freedom of Information Act 2000 (the Act). Under the
terms of the Act you are entitled to a response within 20 working days
of receipt.

If we cannot meet this deadline we will let you know the reasons and
tell you when you can expect a response.

In some circumstances a fee may be payable and if that is the case, I
will let you know.

If you have any queries about this letter, please contact me. Please
remember to quote the reference number above in any future
communications.

Yours sincerely

Vinnette Hall
Freedom of Information Officer
FOD - Southern Division
Health & Safety Executive
Rose Court
2 Southwark Bridge
London SE1 9HS

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Health and Safety Executive

28 November 2011


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Dear Mr Hansen
 

Freedom of Information Request Reference No: 2011110095

 

Thank you for your request for information about:

* Conflicts of interest in enforcing authorities

Your request was received on 31 October 2011 and I am dealing with it
under the terms of the Freedom of Information Act 2000 (the Act).

 

I can confirm that the Health and Safety Executive holds the
following documents:

 

1.    Local Authority Enforcement in Premises in which they may have an
interest

2.     Conflicts of interest - The Independence of LA HSWA Regulation in
premises where they have an interest as a dutyholder

3.     Health and Safety (Enforcing Authority) Regulations 1998 Assignment
in Cases of Uncertainty: The Three-stage Negotiation Process - LAC No.
22/10

 

Information numbered 1 can be disclosed and a copy is attached.

 

The information supplied to you continues to be protected by the
Copyright, Designs and Patents Act 1988. You may re-use this information
(not including logos) free of charge in any format or medium, under the
terms of the Open Government Licence. To view this licence, visit
[1]http://www.nationalarchives.gov.uk/doc/o... or
write to the Information Policy Team, The National Archives, Kew, London
TW9 4DU, or e-mail: [2][email address].

 

Information you receive which is not subject to Crown Copyright continues
to be protected by the copyright of the person, or organisation, from
which the information originated. You must ensure that you gain their
permission before reproducing any third party (non Crown Copyright)
information.

 

Information numbered 2-3 is being withheld as it falls under the exemption
in section 21 of the Act (Information accessible by other means); this
information is available on HSE's website please use the links below. 
This is an absolute exemption and is not subject to the public interest
test.

 

[3]http://www.hse.gov.uk/aboutus/meetings/c...

 
[4]http://www.hse.gov.uk/aboutus/meetings/c...

 

 

If you have any queries about this letter, please contact me. Please
remember to quote the reference number above in any future communications.

 

If you are unhappy with the decisions made by HSE you may ask for an
internal review within two calendar months of the date of this letter by
writing to me.

 

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:

 

The Information Commissioner’s Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Tel: 01625 545700

Fax: 01625 524510

Email: [5][email address]

Website: [6]http://www.informationcommissioner.gov.uk

 

Yours sincerely

 

 

 

Vinnette Hall

Freedom of Information Officer 

 

 

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References

Visible links
1. http://www.nationalarchives.gov.uk/doc/o...
http://www.nationalarchives.gov.uk/doc/o...
2. mailto:[email address]
mailto:[email address]
3. http://www.hse.gov.uk/aboutus/meetings/c...
4. http://www.hse.gov.uk/aboutus/meetings/c...
5. mailto:[email address]
6. http://www.informationcommissioner.gov.uk/

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