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Contempts

Steve Elibank made this Freedom of Information request to House of Commons

The request was refused by House of Commons.

From: Steve Elibank

22 March 2011

Dear House of Commons,

Please provide me with an electronic copy of Chapter 15 of 'Erskine
May' ("Contempts").

Before you slap a 'Section 21' refusal notice on me, I should point
out the Information Commissioner's Freedom of Information Act
Awareness Guidance No. 6 clearly states, "There will, of course, be
some cases where the fact that there is a charge for information
may mean that it is not reasonably accessible by the applicant. For
instance, a public authority may be asked for information contained
in its annual report. It may not be reasonable to require the
applicant to purchase a copy of the report if the request is only
for a small amount of the information contained in it."

Yours faithfully,
Steve Elibank

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From: FOICOMMONS
House of Commons

22 March 2011

Dear Mr Elibank

We refer you to the response provided to a similar request you submitted in May 2010. The situation is unchanged:

While The House of Commons holds copies of Erskine May's Treatise on the Law, Privileges, Proceedings and Usage of Parliament, it is a commercial product published by Butterworths Law. The book is available to you by purchase (e.g., http://www.amazon.co.uk/Erskine-Treatise...) or by loan arrangement from a public library.

As the information you request is reasonably accessible to you otherwise than under the Freedom of Information Act 2000, for example via your local library or by purchase, your FOI request is refused. In refusing your request the House is applying the exemption set out in section 21 (1) and (2)(a) of the FOI Act. This exemption applies even though the information may be accessible only on payment. This is an absolute exemption and the public interest test does not apply.

You may, if dissatisfied with the treatment of your request, ask the House of Commons to conduct an internal review of this decision. Requests for internal review should be addressed to: Freedom of Information Officer, Department of Resources, House of Commons London SW1 OAA or [House of Commons request email] . Please ensure that you specify the nature of your complaint and any arguments or points that you wish to make.

If you remain dissatisfied, you may appeal to the Information Commissioner at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Bob Castle
Head of Information Rights and Information Security House of Commons

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From: Steve Elibank

23 March 2011

Dear House of Commons,

Please pass this on to the person who conducts Freedom of
Information reviews.

I am writing to request an internal review of House of Commons's
handling of my FOI request 'Contempts'.

As my initial request from yesterday pointed out (and as I would
expect you to know, since you are a professional FOI officer) the
Information Commissioner has made absolutely explicit that if an
applicant requests a very small portion of a larger work, which is
only currently accessible on means of a large payment, it would not
necessarily be reasonably accessible.

I contend that this particular chapter is not reasonably
accessible, since it is only accessible on payment also for the
other umpteen chapters, and this precisely parallels the example
given by the ICO in the paper I cited in my initial email.

Your refusal notice completely fails to account for this aspect of
the situation which I explained in my request, potentially in
breach of your obligations under Section 16 of the Act.

I therefore look forward to receiving immediate confirmation that
you will carry out an Internal Review; to receiving the results of
that Review within 20 working days as stipulated by the ICO; and,
ultimately, to receiving the information I requested to begin with.

A full history of my FOI request and all correspondence is
available on the Internet at this address:
http://www.whatdotheyknow.com/request/co...

Steve Elibank

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From: FOICOMMONS
House of Commons

23 March 2011

Dear Mr Elibank

Thank you for your email dated 23 March 2011 requesting an internal review of Freedom of Information request ref: F11-100, which was received on the same date.

We will endeavour to respond within 20 working days, i.e. on or before 20 April 2011. However, it may be necessary to extend this deadline by another 20 working days, for example if the review is complicated and requires the assistance of multiple resources,. If this is the case, and your review cannot be completed in the shorter timeframe, we will inform you of this.

If you have any queries about the review, please contact me with the reference in the subject title.

Jenny Wormleighton | IRIS Support Officer
Information Rights and Information Security (IRIS) Service | Department of Resources
| House of Commons

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From: FOICOMMONS
House of Commons

12 April 2011


Attachment IR Response F11 100.pdf
494K Download View as HTML


Dear Mr Elibank
Please find attached the response to your request for an internal review.
Regards

Jenny Wormleighton | IRIS Support Officer
Information Rights and Information Security (IRIS) Service | Department of Resources
| House of Commons

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From: Steve Elibank

12 April 2011

Dear Mr Walker,

By yet again failing to address my point in regard to the
Information Commissioner's guidance regarding the 'reasonably
available' exemption, you have not only acted very foolishly, but
also violated Section 16 of the Act, and earned yourselves a
complaint to the ICO. Well done.

Steve Elibank

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