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Consent and Governance

Bob Willis made this Freedom of Information request to Cabinet Office

The request was refused by Cabinet Office.

From: Bob Willis

12 April 2010

Dear Cabinet Office,

Do I have to comply with an act of parliament without fear of
penalty?

What is meant by the word 'consent' as in 'Consent of the
governed.'

Do I have the right not to be governed?

If the answer to the previous question is 'No' please state the
legal authority for that claim.

Yours faithfully,

Bob Willis

Bob Willis

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Cabinet Office

16 April 2010

Dear Mr Willis,

Thank you for your email.

The FOI Act provides the requestor with an access right to recorded
information held by the public authority. Your request is not a request
for recorded information. We would of course be happy to re-consider the
question should it be re-phrased as a request for recorded infromation.
A 'valid' request under the FOI Act is one that asks to see recorded
information held by the public authority, such as information on a
specific issue, or process, not one that asks for opinions or seeks
answers or calculations.

I would also like to point out that the Ministry of Justice have the
policy area for issues concerning Democracy, rights and the constitution
so you may like to forward your request to the Minstry of Justice in the
first instance. I have attached below the link for the MOJ FOI Team;

http://www.justice.gov.uk/requestinginfo...

I hope this is helpful, and I propose to take no further action unless I
hear back from you.

Kind regards,

FOI Team
Cabinet Office

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From: Bob Willis

30 April 2010

Dear Cabinet Office,

All of my questions were requests for information and quite clearly
NOT a request for an offered opinion in any sense whatsoever. You
are clearly being being obstructive. Please answer the questions I
have raised promptly.

Yours faithfully,

Bob Willis

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Cabinet Office

11 May 2010

Dear Mr Willis,

Thank you for your email below.

My earlier email to you explained that the FOI Act gives applicants access rights to recorded information held by the public authority. A 'valid' request should describe the information that is requested. Public authorities are not required to create new information to answer questions, calculations or opinions.

The Cabinet Office will be happy to take your request forward if you were to submit a new request re-phrasing your questions so that you are asking to see recorded information. I would also like to point out, as I did in my earlier email, that the Ministry of Justice are better placed to answer your request. The MoJ have policy lead for Constitutional matters and, therefore, I think are more likely to hold the information you are looking for.

I attach the link again for the MoJ Freedom of Information team for ease of reference;

http://www.justice.gov.uk/requestinginfo...

I wait to hear from you on how you wish to proceed.

Kind regards,

FOI Team
Cabinet Office

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