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Duties of the force solicitor
Arthur Peasgill made this Freedom of Information request to Lancashire Constabulary
The request was refused by Lancashire Constabulary.
From: Arthur Peasgill
3 November 2009
Dear Sir or Madam,
I believe that the Constabulary's Chief Legal Advisor is Niamh
Noone. I also believe that she acts as solicitor to the Chief
Officer.
Please supply details of her diary, duties, meetings and places
that she worked/attended on 10, 11, 12, 13, 14 and 15 May 2009.
In her guise as Chief Legal advisor is Niamh Noone subject to the
Law Society Code of Conduct?
Yours faithfully,
Arthur Peasgill
From: Wilding, David
Lancashire Constabulary
4 November 2009
RESTRICTED
Dear Arthur
FREEDOM OF INFORMATION REQUEST REFERENCE NO: 2133/09
I write in connection with your request for information dated the
03/11/09 which was received by Lancashire Constabulary on the same day.
I note you seek access to the following information:
* I believe that the Constabulary's Chief Legal Advisor is Niamh Noone.
I also believe that she acts as solicitor to the Chief Officer.
Please supply details of her diary, duties, meetings and places that she
worked/attended on 10, 11, 12, 13, 14 and 15 May 2009.
In her guise as Chief Legal advisor is Niamh Noone subject to the Law
Society Code of Conduct?
Your request will now be considered in accordance with the Freedom of
Information Act 2000, known hereafter as 'the Act'. You should receive a
response within the statutory timescale of 20 working days as defined by
the Act, subject to the information not being exempt or containing a
reference to a third party. In some circumstances Lancashire
Constabulary may be unable to achieve this deadline. If this is likely,
you will be informed and given a revised time-scale at the earliest
opportunity.
There may be a fee payable for the retrieval, collation and provision of
the information you request. If this is the case you will be informed
and the 20 working day timescale will be suspended until we receive
payment from you. If you choose not to make payment then your request
will remain unanswered.
Some requests may also require either full or partial transference to
another public authority in order to answer you query in the fullest
possible way. Again, you will be informed if this is the case.
I would like to take this opportunity to thank you for your interest in
Lancashire Constabulary.
Many Thanks,
David Wilding
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From: Hopkinson, Bryony
Lancashire Constabulary
11 November 2009
NOT PROTECTIVELY MARKED
Please find attached our response to your recent request under the freedom
of information act, our ref 2133/09.
Regards,
Bryony Hopkinson
Data Protection
Tel: 01772 413324
Fax: 01772 412123
Email: [1][email address]
NOT PROTECTIVELY MARKED
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References
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1. mailto:[email address]
mailto:[email address]
From: Arthur Peasgill
13 November 2009
Dear Hopkinson, Bryony,
Please conduct an internal review of this request. I make this
request on the following grounds and wish to indicate that the
exemptions quoted are totally inapplicable in each case. Clearly
the public interest lies in the release of this information because
any information in existence has only been generated in the course
of public employment and cannot prejudice anything in any way and
certainly not the facets as suggested in your response.
Further many such duties, meetings, places as attended during the
course of publicly funded employment and by such a senior figure in
a Constabulary as the Head of the Constabulary's Legal Department
will/should be minuted/recorded in any event in order to comply
with any transparency and openness requirements. In this I cannot
fathom why the exemptions offered are in any way applicable.
Section 30.
I have asked for no information that will impact upon nor prejudice
any criminal investigations be this either possible or likely. Nor
did I intend to do so. "Likely to prejudice" an investigation is
also a stringent legal test. The exemption cannot be applied
lawfully just because the information requested is potentially
involved in a police investigation and "might be a risk to" the
investigation. Please supply the information as requested.
However I withdraw the request in relation to 10 May 2009 which was
a Sunday. My apologies for this oversight.
Section 42.
I have only requested general duties, venues of meetings and places
of work on 6 (now 5) specific days. These meetings etc could
possibly be, for example, at police HQ, Lancashire County Hall,
Preston City Council, the Old Bailey, the Supreme Court or other.
Such public buildings have numerous and widespread rooms. Therefore
to request only very general venues of meetings etc from a public
servant as funded by the taxpayer cannot even be deemed to likely
breach legal professional privilege which is only involved in the
personal client/solicitor relationship in any event. You have also
indicated that to release such information could only potentially
breach the principle which is insufficient under the exemption.
Further you have clearly already confirmed/indicated who Miss
Noone's clients are namely the Chief Officer and the force and that
would not serve to prejudice anything. For example I would have to
actually be present at the meeting or the whole content of the
meeting would have to be disclosed to prejudice legal professional
privilege.
However I withdraw the request in relation to 10 May 2009 which was
a Sunday. My apologies for this oversight.
Section 40.
I have clearly only requested information directly relevant to Miss
Noone's role as a publicly funded public servant directly related
to Miss Noone's role as that public servant. I am not interested in
any of her personal data. If Ms Noone wishes to moonlight or
otherwise outside of the remit of her role as a public servant that
is none of my business and I'm not interested. Further if Ms Noone
wishes to attend doctor's appointments, hairdressing appointments,
school functions, go shopping or similar during work or taxpayer
funded time then that is also none of my business and I'm not
interested. I am only interested in public data as generated in her
role as a publicly funded public servant. Your use of this
exemption is taking credulity too far.
However I withdraw the request in relation to 10 May 2009 which was
a Sunday. My apologies for this oversight.
In summary the exemptions as utilised are, quite frankly,
ridiculous. I want absolutely nothing personal and only require
information generated in the context of publicly funded paid
employment.
Can you please acknowledge that you have received this request for
a review safely? I look forward to a full reply by Tuesday 15
December 2009.
Yours sincerely,
Arthur Peasgill
From: Melling, Carl
Lancashire Constabulary
8 December 2009
NOT PROTECTIVELY MARKED
Dear Mr Peasgill
I refer to your request for an internal review of your request under the
above reference; the due response date for which is the 11^th December.
Unfortunately, due to staff leave and absence from the office, it will not
be possible to provide a response by this date. However, I aim to ensure
that you receive a response within the following five working days.
Regards
Carl Melling
Data Protection and Information Officer
Corporate Support and Information Services
Resources Directorate
Lancashire Constabulary
Tel: 01772 413327
NOT PROTECTIVELY MARKED
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From: Melling, Carl
Lancashire Constabulary
17 December 2009
NOT PROTECTIVELY MARKED
Dear Mr Peasgill
Please find attached a response to your internal review request.
Regards
Carl Melling
Data Protection and Information Officer
Lancashire Constabulary
Tel: 01772 413327
NOT PROTECTIVELY MARKED
show quoted sections
From: Arthur Peasgill
17 December 2009
Dear Melling, Carl,
Thank you for your response.
If nothing it was entertaining.
I will proceed to the Information Commissioner.
Yours sincerely,
Arthur Peasgill
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