Employment Agencies in Manchester & Surrounding Areas

Dear Mr Sowden

Thank you for your email of 21 July requesting information about the
employment agencies that were inspected in the North West region on May
2009.

I apologise for the delay in acknowledging this request.

The request will be handled as a request under the Freedom of
Information Act and we will respond with 20 days of the receipt of your
request.

Regards

Steve Keeler
Investigations Manager
Department fore Business Innovation and Skills
Employment Agency Standards Inspectorate
Bay 487
1 Victoria Street
London
SW1H OET

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Dear Mr Sowden,
FOI 09/1040: Request for Information under the Freedom of Information Act
2000
Thank you for your email of 21 July in which you requested, (in relation
to the Department for Business Enterprise and Regulatory Reform's press
release, dated 12 May 2009, on Employment Agency Standards Inspectorate
(EAS) activity in Manchester and the surrounding areas), the following:

Please forward a list of the 10 Employment Agencies that have been warned,
and what were their infringements of the law

The Department's Employment Agency Standards Inspectors investigated a
number of agencies in Manchester and the surrounding areas in April 2009
as part of a targeted inspection. A brief outline of some of the more
serious infringements were included in the press release itself.

I must advise you that the Department has decided not to disclose the
names of the employment agencies you requested. The information is being
withheld since it falls under the exemptions in section 30 of the Freedom
of Information (FOI) Act which covers investigations and proceedings
conducted by public authorities.

Section 30 of the FOI Act applies to the information that was obtained
during our investigation and considered by the Department. In relation to
your request, the information that we have gathered during our
investigation was obtained by using our enforcement powers under section 9
of the Employment Agencies Act 1973. I set out these powers in full below
but, to summarise, the Employment Agency Standards Inspectors are
authorised by the Secretary of State to enter any employment agency or
employment business premises, to inspect and copy any record kept on such
premises and to ask any question of any person on those premises. Under
section 9(4) it is illegal for an officer to disclose any information that
they obtained in exercising their enforcement powers under section 9.

The information that you request is being withheld under Section 30 of the
Freedom of Information Act, which exempts the disclosure of information
that is held by a public authority for the purposes of any investigation,
which the public authority has a duty to conduct. There is a public
interest in people having background information into investigations, as
it would improve public confidence in the impartiality of the process.
However in this case the balance for the time being lies in withholding
the information.

It is important that information related to the carrying out of this
investigation remains confidential. If this information were to be
released it could well prejudice our ability to fully progress future
investigation as if individuals were aware of material being released they
might be less willing to come forward in the future with information about
possible breaches of the Employment Agencies Act 1973 and associated
regulations 2003. This would undermine the ability of the Department to
enforce the Employment Agencies Act 1973 and it is not in the public
interest to disclose any information relating to our investigation at this
time and therefore the information is being withheld.

If you are dissatisfied with the decision made in relation to your request
from this Department to release information to you at this stage you may
in the first instance ask for an internal review. If appropriate, you
should contact John Alty, Director - Fair Markets, 1 Victoria Street,
London SW1H 0ET.

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:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Yours sincerely
Paula Lovitt
Head of Employment Agency Standards Inspectorate
Department for Business Innovation and Skills
V487
1 Victoria Street
London
Telephone: 020 7215 6565
Email: [email address]

Section 30 Freedom of Information Act
Investigations and proceedings conducted by public authorities
1) Information held by a public authority is exempt information if it has
at any time been held by the authority for the purposes of--

(a) any investigation which the public authority has a duty to conduct
with a view to it being ascertained--
(i) whether a person should be charged with an offence, or
(ii) whether a person charged with an offence is guilty of it,
(b) any investigation which is conducted by the authority and in the
circumstances may lead to a decision by the authority to institute
criminal proceedings which the authority has power to conduct, or

(c) any criminal proceedings which the authority has power to conduct.
(2) Information held by a public authority is exempt information if--
(a) it was obtained or recorded by the authority for the purposes of its
functions relating to--
(i) investigations falling within subsection (1)(a) or (b),
(ii) criminal proceedings which the authority has power to conduct,
(iii) investigations (other than investigations falling within subsection
(1)(a) or (b)) which are conducted by the authority for any of the
purposes specified in section 31(2) and either by virtue of Her Majesty's
prerogative or by virtue of powers conferred by or under any enactment, or

(iv) civil proceedings which are brought by or on behalf of the authority
and arise out of such investigations, and
(b) it relates to the obtaining of information from confidential sources.
(3) The duty to confirm or deny does not arise in relation to information
which is (or if it were held by the public authority would be) exempt
information by virtue of subsection (1) or (2).

(4) In relation to the institution or conduct of criminal proceedings or
the power to conduct them, references in subsection (1)(b) or (c) and
subsection (2)(a) to the public authority include references--

(a) to any officer of the authority,
(b) in the case of a government department other than a Northern Ireland
department, to the Minister of the Crown in charge of the department, and

(c) in the case of a Northern Ireland department, to the Northern Ireland
Minister in charge of the department.
(5) In this section--
"criminal proceedings" includes--
(a) proceedings before a court-martial constituted under the Army Act
1955, the [1955 c. 18.] Air[1955 c. 19.] Force Act 1955 or the [1957 c.
53.] Naval Discipline Act 1957 or a disciplinary court constituted under
section 52G of the Act of 1957,

(b)proceedings on dealing summarily with a charge under the Army Act 1955
or the [1955 c. 18.] Air[1955 c. 19.] Force Act 1955 or on summary trial
under the [1957 c. 53.] Naval Discipline Act 1957,

(c) proceedings before a court established by section 83ZA of the [1955 c.
18.] Army Act 1955, section 83ZA of the [1955 c. 19.] Air Force Act 1955
or section 52FF of the [1957 c. 53.] Naval Discipline Act 1957 (summary
appeal courts),

(d) proceedings before the Courts-Martial Appeal Court, and
(e) proceedings before a Standing Civilian Court;
"offence" includes any offence under the [1955 c. 18.] Army Act 1955, the
[1955 c. 19.] Air Force Act 1955 or the [1957 c. 53.] Naval Discipline Act
1957.

(6) In the application of this section to Scotland--
(a) in subsection (1)(b), for the words from "a decision" to the end there
is substituted "a decision by the authority to make a report to the
procurator fiscal for the purpose of enabling him to determine whether
criminal proceedings should be instituted",

(b) in subsections (1)(c) and (2)(a)(ii) for "which the authority has
power to conduct" there is substituted "which have been instituted in
consequence of a report made by the authority to the procurator fiscal",
and

(c) for any reference to a person being charged with an offence there is
substituted a reference to the person being prosecuted for the offence.

Section 9 of the Employment Agencies Act 1973
9.-1) Any officer duly authorised in that behalf by the Secretary of State
may at all
reasonable times on producing, if so required, written evidence of his
authority-
(a) enter any relevant business premises; and
(b) inspect those premises and any records or other documents kept in
pursuance of this Act or of any regulations made there under; and

(c) subject to subsection (2) of this section, require any person on those
premises to furnish him with such information as he may reasonably require
for the purpose of ascertaining whether the provisions of this Act and of
any regulations made thereunder are being complied with or of enabling the
Secretary of State to exercise his functions under this Act; and

(d) take copies of records and other documents inspected under paragraph
(b).
(1A) If an officer seeks to inspect or acquire, in accordance with
subsection (l)(b) or (c), a record or other document or information which
is not kept at the premises being inspected, he may require any- person on
the premises--

(a) to inform him where and by whom the record, other document or
information is kept, and
(b) to make arrangements, if it is reasonably practicable for the person
to do so, for the record, other document or information to be inspected
by, or furnished to the officer at the premises at a time specified by the
officer.

(1B) In subsection (1) "relevant business premises" means premises--
(a) which are used, have been used or are to be used for or in connection
with the carrying on of an employment agency or employment business,

(b) which the officer has reasonable cause to believe are used or have
been used for or in connection with the carrying on of an employment
agency or employment business, or

(c) which the officer has reasonable cause to believe are used for the
carrying on of a business by a person who also carries on or has carried
on an employment agency or employment business, if the officer also has
reasonable cause to believe that records or other documents which relate
to the employment agency or employment business are kept there.

(1C) For the purposes of subsection (1)--
(a) "document" includes information recorded in any form, and
(b) information is kept at premises if it is accessible from them.
(2) Nothing in this section shall require a person to produce, provide
access to or make arrangements for the production of anything which he
could not be compelled to produce in civil proceedings before the High
Court or (in Scotland) the Court of Session.

(2A) Subject to subsection (2B), a statement made by a person in
compliance with a requirement under this section may be used in evidence
against him in criminal proceedings.

(2B) Except in proceedings for an offence under section 5 of the Perjury
Act 1911 (false statements made otherwise than on oath), no evidence
relating to the statement may be adduced, and no question relating to it
may be asked, by or on behalf of the prosecution unless--

(a) evidence relating to it is adduced, or
(b) a question relating to it is asked, by or on behalf of the person who
made the statement.
(3) Any person who obstructs an officer in the exercise of his powers
under paragraph (a), (b) or (d) of subsection (1) of this section shall be
guilty of an offence and liable on summary conviction to a fine not
exceeding level 3 on the standard scale and any person who, without
reasonable excuse, fails to comply with a requirement under paragraph (c)
of that subsection or under subsection (1A) shall be guilty of an offence
and liable on summary conviction to a fine not exceeding level 3 on the
standard scale.

(4)(a) No information obtained in the course of exercising the powers
conferred by subsection
(1) of this section shall be disclosed except-
(i) with the consent of the person by whom the information was furnished
or, where the information was furnished on behalf of another person, with
the consent of that other person or with the consent of the person
carrying on or proposing to carry on the employment agency or employment
business concerned; or

(ii) to the Secretary of State, or an officer or servant appointed by, or
person exercising functions on behalf of, the Secretary of State for the
purposes of the exercise of their respective functions under this Act; or

(iii) by the Secretary of State, or an officer or servant appointed by, or
persons exercising functions on behalf of, the Secretary of State to the
person carrying on or proposing to carry on the employment agency or
employment business concerned, to any person in his employment or, in the
case of information relating to a person availing himself of the services
of such an agency or business, to that person; or,

(iv) with a view to the institution of, or otherwise for the purposes of,
any criminal proceedings or for the purposes of any proceedings under
section 3A, 3C or 3D of this Act.

(b) Any person who contravenes paragraph (a) of this subsection shall be
guilty of an offence and liable on summary conviction to a fine not
exceeding level 5 on the standard scale.

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

Dear Andrew,

I acknowledge your request for an internal review. A response is due to
you on 21st September 2009.

Paula Lovitt
Head of Employment Agency Standards Inspectorate
Department for Business Innovation and Skills
V487
1 Victoria Street
London
Telephone: 020 7215 6565
Email: [email address]

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Thank you for your email.

I am out of the office on 7th October 2009. If your enquiry is urgent
please call Dave Worboys on 020 7215 5486.

Paula Lovitt
Head of EAS Inspectorate

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

Dear Mr Sowden

Please see the attached letter from John Alty, Director General for Fair
Markets in response to your email of 14 August to Paula Lovitt.

Joyce Kibbey | Director General Fair Markets Office | Department for
Business, Innovation & Skills | [1][email address] |T: +44
(0)20 7215 6156 | www.bis.gov.uk

The Department for Business, Innovation & Skills (BIS) is building a
dynamic and competitive UK economy by creating the conditions for business
success; promoting innovation, enterprise and science; and giving everyone
the skills and opportunities to succeed. To achieve this we will foster
world-class universities and promote an open global economy. BIS -
Investing in our future

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

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