Eligibility of Irish and Commonwealth citizens to sit in the House of Lords

M Bimmler made this Freedom of Information request to Ministry of Justice

The request was refused by Ministry of Justice.

From: M Bimmler

11 December 2009

(a similar request is being sent to the Foreign & Commonwealth
Office)

Dear Sir or Madam,

I refer to the Lords Hansard of December 10, 2009, Column 1195:
"[Baroness Kinnock of Holyhead speaking]
I undertook to respond to the noble Baroness, Lady Gardner of
Parkes, on Members of the House who are Commonwealth and Republic
of Ireland citizens. It appears that the Electoral Administration
Act 2006 may have inadvertently cast doubts on whether Commonwealth
and Republic of Ireland citizens were eligible for membership of
the House. That was clearly not Parliament's intention when passing
the Act. Some months ago, the Government were alerted to the
matter. Since then, we have undertaken discussions within
government to find a way to address it."

May I ask you to provide me with the following records:

1) The communication made to the Government "some months ago" which
"alerted it to the matter"
2) Any reply sent to the person or organization who sent the
communication referred to in 1)
3) All records of internal and cross-departmental discussion
(including memoranda and notes) following from the communication in
1)

Yours faithfully,

Michael Bimmler

Link to this

From: Data Access & Compliance Unit
Ministry of Justice

11 December 2009

This is an Auto Reply from the Data Access & Compliance Unit.

Thank you for your e-mail.

If your message was a request for information please be advised that your
request is being dealt with and you will receive a written acknowledgement
shortly.

Data Access & Compliance Unit

Information Directorate

Ministry of Justice
6th Floor, Zone B, Postal Point 6.23
102 Petty France
London
SW1H 9AJ

Fax: 0203 334 2245

E-mail: [email address]

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Link to this

From: Over, Darren (ARU)
Ministry of Justice

14 December 2009

Freedom of Information Request FOI/62628/09

Data Access & Compliance Unit
Information Directorate
Zone 6 B
Post point 6.25
102 Petty France
London
SW1H 9AJ

T 020 3334 5336
F 020 3334 2245
E [email address]

www.justice.gov.uk

14-DEC-09 Our Ref:FOI/62628/09

Dear Michael Bimmler,

SUBJECT: Freedom of Information Request

Thank you for your correspondence of December 11, 2009, in which you
asked for information about Republic of Ireland citizens under the
Freedom of Information Act 2000 (FOIA) from the Ministry of Justice
(MoJ).

You will receive a response from us by January 14, 2010. Your request
has been passed to the appropriate business unit within the MoJ, and
they will write to you with their decision by this date.

The FOIA does provide a number of exemptions. A qualified exemption
requires that before relying on it we must consider the public interest
test. If the information you have requested is covered by a qualified
exemption(s) under FOIA, the Department is allowed to take longer than
20 working days to respond. This is because in such circumstances we are
required to consider the public interest issues when deciding whether or
not to disclose the information requested.

If more time is needed to consider the public interest issues under a
qualified exemption(s), we will write to you and inform you of the
revised date you can expect to receive a response to your request.

If you have any queries regarding this request please do not hesitate to
contact us. Please quote ref: FOI/62628/09 in all future correspondence.

Yours sincerely,

Darren Over
(Sent on behalf of Rhian Williams)
Data Access and Compliance Unit

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show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Link to this

From: O'Connell, Kirsten
Ministry of Justice

14 January 2010


Attachment 62628 Bimmler.doc
55K Download View as HTML


Yours sincerely

Kirsten O'Connell

Policy Advisor

Franchise and Registration Branch

Elections and Democracy Division

Ministry of Justice

102 Petty France London

0203 334 5241

This e-mail (and any attachment) is intended only for the attention of
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is not permitted. If you are not the intended recipient, please destroy all
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Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Link to this

From: M Bimmler

14 January 2010

Dear Kirsten O'Connell,

I shall refine my clause 3 of my request to relate to all documents
created on or after July 1st 2009.

I believe that clauses 1 and 2 of my request cannot possibly be
considered too broad because they seek access to one specific
document each.

Yours sincerely,

M Bimmler

Link to this

From: O'Connell, Kirsten
Ministry of Justice

14 January 2010

Dear Mr. Bimmler,

Thank you for your email which has been passed onto the Data Access and
Compliance Unit who will be in touch shortly.

Yours sincerely

Kirsten O'Connell
Policy Advisor
Franchise and Registration Branch
Elections and Democracy Division
Ministry of Justice
102 Petty France London

0203 334 5241

show quoted sections

Link to this

From: Over, Darren (ARU)
Ministry of Justice

15 January 2010

Freedom of Information Request FOI/62993/10

Data Access & Compliance Unit
Information Directorate
Zone 6 B
Post point 6.25
102 Petty France
London
SW1H 9AJ

T 020 3334 3238
F 020 3334 2245
E [email address]

www.justice.gov.uk

15-JAN-10 Our Ref:FOI/62993/10

Dear Michael Bimmler,

SUBJECT: Freedom of Information Request

Thank you for your correspondence of January 14, 2010, in which you
asked for information about eligibility of Irish and Commonwealth
citizens to sit in the House of Lords under the Freedom of Information
Act 2000 (FOIA) from the Ministry of Justice (MoJ).

You will receive a response from us by February 11, 2010. Your request
has been passed to the appropriate business unit within the MoJ, and
they will write to you with their decision by this date.

The FOIA does provide a number of exemptions. A qualified exemption
requires that before relying on it we must consider the public interest
test. If the information you have requested is covered by a qualified
exemption(s) under FOIA, the Department is allowed to take longer than
20 working days to respond. This is because in such circumstances we are
required to consider the public interest issues when deciding whether or
not to disclose the information requested.

If more time is needed to consider the public interest issues under a
qualified exemption(s), we will write to you and inform you of the
revised date you can expect to receive a response to your request.

If you have any queries regarding this request please do not hesitate to
contact us. Please quote ref: FOI/62993/10 in all future correspondence.

Yours sincerely,

Darren Over
(Sent on behalf of David Keysell)
Data Access and Compliance Unit

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Link to this

From: Over, Darren (ARU)
Ministry of Justice

15 January 2010

Internal Review IR/62994/10

Data Access & Compliance Unit
Information Directorate
Zone 6 B
Post point 6.25
102 Petty France
London
SW1H 9AJ

T 020 3334 5249
F 020 3334 2245
E [email address]

www.justice.gov.uk

15-JAN-10 Our Ref:IR/62994/10

Dear Michael Bimmler,

Thank you for your correspondence of January 14, 2010, in which you
asked for an Internal Review into handling of your request for
information with reference number FOI/62628 (Old reference).

Your request for an Internal Review is being handled in accordance with
the Freedom of Information Act 2000 and will be passed to the Unit that
will carry out this process.

You will be contacted separately by the person conducting the review but
in the meantime please do not hesitate to contact me if you have any
queries. Please quote Ref: IR/62994/10 in all future correspondence.

Yours sincerely,

Darren Over
(Sent on behalf of Hannah Wright)
Data Access and Compliance Unit

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Link to this

From: M Bimmler

15 January 2010

Dear Over, Darren (ARU),

This is a misunderstanding - I have clarified my request in order
to come under the cost threshold but I have never asked for an
Internal Review, an IR is not needed at this stage

Yours sincerely,

M Bimmler

Link to this

From: Over, Darren (ARU)
Ministry of Justice

15 January 2010

Dear Mr Bimmler,

Thank you for your email, we are proceeding with your FoI request which
you clarified. You made comments about costs which we are dealing with
as a internal review. However if you do not want an internal review and
wait for you refined FoI request please can you let us know.

Regards
Darren Over
Data Access and Compliance Unit
020 3334 3258

show quoted sections

Link to this

From: M Bimmler

15 January 2010

Dear Mr Over,

for the sake of clarity, let me briefly restate the situation:

I made a FOI request consisting of three clauses, numbered 1, 2 and
3.

I received a response saying the request was over the cost limit.

I then said I would refine clause 3 while leaving clauses 1 and 2
intact (because I think I cannot refine clauses 1 and 2 anymore
because they seek access to specific documents).

My new, clarified FOI request therefore consists of CLause 1
(unaltered), Clause 2 (unaltered), Clause 3 (refined).

I will happily wait for the new FOI request to be processed and do
not need an Internal Review at this stage.

Hope this helps,
thanks a lot,

Michael Bimmler

Yours sincerely,

M Bimmler

Link to this

From: Over, Darren (ARU)
Ministry of Justice

15 January 2010

Dear Mr Bimmler,

Thank you for confirming your FoI request. We will proceed with your FoI
requests in relation to the questions that you have asked, and address
them in the relevant manner.

Regards
Darren

show quoted sections

Link to this

From: M Bimmler

12 February 2010

Dear Mr Over,

I think my request FOI/62993/10 was due yesterday? Could you look
into it?

Yours sincerely,

Michael Bimmler

Link to this

From: Over, Darren (ARU)
Ministry of Justice

12 February 2010

Dear Mr Bimmler,

Thank you for your email, I have passed your email to the relevant
caseworker.

Regards

show quoted sections

Link to this

From: O'Connell, Kirsten
Ministry of Justice

12 February 2010


Attachment 62993 Mr Bimmler.doc
69K Download View as HTML


Dear Mr Bimmler,

Please find attached our response to your request.

Yours sincerely

Kirsten O'Connell

Policy Advisor

Franchise and Registration Branch

Elections and Democracy Division

Ministry of Justice

102 Petty France London

0203 334 5241

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Link to this

Things to do with this request

Anyone:
Ministry of Justice only: