Recent decision on application of FOIA section 53 to Cabinet Minutes

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

This request has been withdrawn by the person who made it. There may be an explanation in the correspondence below.

From: M Bimmler

25 February 2009

Dear Sir or Madam,

as you will surely know, in a well publicised FOI request, the
Cabinet Office has been asked to release certain Cabinet minutes
and other documents. The decision to refuse access to the documents
had been overturned by the Information Commissioner, whose decision
in respect of the Cabinet Minutes had in turn been upheld by the
Information Tribunal. The Lord Chancellor has now, as provided by
section 53 of the FOIA, exempt the Cabinet Office from complying
with that request.

I would hereby like to request all information held by the Ministry
of Justice, and especially the Private Office of the Lord
Chancellor, on the consideration and decision of this entire FOI
case, as long as that information has not already been published
(ie. the decision notice, the Tribunal decision, the section 53
certificate itself, need not be provided again).

If this request will infer excessive costs, I am willing to narrow
it down to records and documents pertaining to the consideration of
whether a section 53 certificate shall be issued or not or which in
other ways are directly or indirectly concerned with this section
53 certificate. I explicitly include internal correspondence and
correspondence with other parties (both governmental and extrnal)
concerning this case, resp. in the "narrow" version of my request,
concerning the certificate.

I shall be glad to clarify my request if needed.

Yours faithfully,

Michael Bimmler

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From: Data Access & Compliance Unit
Ministry of Justice

27 February 2009


Attachment Acknowledgement 58313 Bimmler.DOC.doc
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Dear Mr Bimmler,

Please find attached the acknowledgement to your Freedom of Information
request.

Yours sincerely,

Kate Holliday
(On behalf of Paul Brigland and Harshila Dodia)

<<Acknowledgement - 58313 - Bimmler.DOC>>

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From: Brigland, Paul
Ministry of Justice

19 March 2009


Attachment michael bimmler letter.doc
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Dear Mr Bimmler

Please see the attached reply to your recent Freedom of Information
Request
<<michael bimmler letter.doc>>

Paul Brigland
Data Access & Compliance Unit
Information Directorate
Ministry of Justice
1st Floor, Area C
102 Petty France
London. SW1H 9AJ

DX 152380
Westminster 8

Tel:- 020 3334 3259
Fax:- 020 3334 2245

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
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deciding whether to send material in response to this message by e-mail.

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From: M Bimmler

20 March 2009

Dear Mr Brigland,

many thanks for your reply to my request. I understand that I am
asked to further narrow down my request. You suggested that I could
do so by limiting the date of the records or the business unit. As
I have no further information on the date of these records, I
intend to narrow it down by business unit.

I would like for a search to be made in the following two business
units:

- Private office of the Lord Chancellor / SoS (Jack Straw)

- Directorate-General "Democracy, Constitution & Law" (if
excessive, only in the unit responsible for "Information law and
information management for government")

If this is still not possible, I would ask for the search only to
be conducted in Mr Straw's Private Office.

Yours sincerely,

Michael Bimmler

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From: Data Access & Compliance Unit
Ministry of Justice

26 March 2009


Attachment 58774 Bimmler.DOC.doc
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Dear Mr Bimmler,

Please find attached your acknowledgement to your Freedom of Information
request.

Yours sincerely

Katie Dimon

(sent on behalf of Paul Brigland and Harshila Dodia)

Katie Dimon

Data Access & Compliance Unit

Postal Point 1.41, Zone C

102 Petty France

London SW1H 9AJ

This e-mail (and any attachment) is intended only for the attention of the
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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.

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Communications via the GSi may be automatically logged, monitored and/or
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From: M Bimmler

25 April 2009

Dear Sir or Madam,

kindly note that the 22nd of April has now passed and that I am now
entitled to a decision on my FOI request.

Yours sincerely,

Michael Bimmler

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From: Data Access & Compliance Unit
Ministry of Justice

25 April 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 ackowledgement
shortly.

Data Access & Compliance Unit

Information Directorate

Ministry of Justice
1st Floor, Zone C, Postal Point 1.41
102 Petty France
London
SW1H 9AJ

Fax: 0203 334 2245

E-mail: [email address]

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.

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From: Brigland, Paul
Ministry of Justice

1 May 2009


Attachment M Bimmler 2.doc
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Dear Mr Bimmler

Please find attached a reply to your recent Freedom of Information
request.

Best Regards

Paul Brigland

Data Access & Compliance Unit
Ministry of Justice
6th Floor, 102 Petty France
London. SW1H 9AJ

Tel: 020 3334 3259
Fax: 020 3334 2245

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.

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Communications via the GSi may be automatically logged, monitored and/or
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From: M Bimmler

1 May 2009

Dear Paul Brigland,

many thanks for your email. I should like to further clarify my
request, still asking you to only search in the Office of the
Secretary of State, but now limited to documents from the time
period of

27 January 2009 - 24 February 2009 (both dates inclusive).

If exceeding the cost limit, please replace these limit dates with

10 February 2009 - 24 February 2009

If still exceeding the cost limit, please replace with

17 Februar 2009 - 24 February 2009

If a 'one week search' is still exceeding the cost limit, I shall
await your guidance on how to further clarify my search as to meet
the cost limit.

If you do not hold any documents from the broadest time period
above, I would ask you to tell me, under the " advice and
assistance" clause, from what time period the records you have
located are (eg. "All documents are from the second half of 2006"
or "All documents have been created in November to December 2006").

Yours sincerely,

Michael Bimmler

Link to this

From: Brigland, Paul
Ministry of Justice

1 May 2009

Thank you for your e-mail. Please note, I am now out of the office until
Wednesday 6 May.

My job-share partner, Harshila Dodia, will be in the office on Tuesday 5
May.

Thank You.

This e-mail (and any attachment) is intended only for the attention of the
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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.

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Communications via the GSi may be automatically logged, monitored and/or
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From: M Bimmler

1 May 2009

copy of mail sent to Paul Brigland on May 1, as Mr Brigland is out
of office:

Dear Sir or Madam,

many thanks for your email. I should like to further clarify my
request, still asking you to only search in the Office of the
Secretary of State, but now limited to documents from the time
period of

27 January 2009 - 24 February 2009 (both dates inclusive).

If exceeding the cost limit, please replace these limit dates with

10 February 2009 - 24 February 2009

If still exceeding the cost limit, please replace with

17 Februar 2009 - 24 February 2009

If a 'one week search' is still exceeding the cost limit, I shall
await your guidance on how to further clarify my search as to meet
the cost limit.

If you do not hold any documents from the broadest time period
above, I would ask you to tell me, under the " advice and
assistance" clause, from what time period the records you have
located are (eg. "All documents are from the second half of 2006"
or "All documents have been created in November to December 2006").

Yours sincerely,

Michael Bimmler

Link to this

From: Data Access & Compliance Unit
Ministry of Justice

1 May 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 ackowledgement
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]

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: Data Access & Compliance Unit
Ministry of Justice

6 May 2009


Attachment Acknowledgement 59378 Bimmler.DOC.doc
50K Download View as HTML


Dear Mr Bimmler,

Please find attached the acknowledgement to your Freedom of Information
request.

Yours sincerely,

Kate Holliday
(On behalf of Paul Brigland and Harshila Dodia)

<<Acknowledgement - 59378 - Bimmler.DOC>>

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.

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From: M Bimmler

6 May 2009

Dear Data Access & Compliance Unit,

This is a very minor point, but I am sure the Ministry of Justice
would have received my Mail of May 1st on Monday, May 4th and not
only on Tuesday, May 5th as suggested in your acknowledgment?

Yours sincerely,

Michael Bimmler

Link to this

From: Data Access & Compliance Unit
Ministry of Justice

6 May 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 ackowledgement
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]

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: Data Access & Compliance Unit
Ministry of Justice

7 May 2009

Mr Bimmler,

Our Department has only received your mail from the 5th of May.

If you would like to forward your other 2 emails to the above email
address we can then action your requests.

Regards

Data Access and Compliance Unit.

show quoted sections

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From: M Bimmler

7 May 2009

Dear Sir or Madam,

I'm not quite sure which emails you have not received, in any case,
I would point out that the entire history of my correspondence in
this case is available at

http://www.whatdotheyknow.com/request/84...

I trust that looking at that site is easier for you than me sending
you my earlier emails again.

As an aside, most of the emails in this case have gone to and come
from Mr Paul Brigland, who should be in possession of all the mails
I sent.

Yours sincerely,

Michael Bimmler

Link to this

From: Data Access & Compliance Unit
Ministry of Justice

7 May 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 ackowledgement
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]

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

5 June 2009

Dear Sir or Madam,

in your last letter (your ref. FOI/59378/09/HD), you write that I
will be provided a response by June 3rd. It being June 5th today, I
hope that you can send me your reply at your earliest convenience.

Yours sincerely,

Michael Bimmler

Link to this

From: M Bimmler

10 June 2009

Dear Sir or Madam,

I believe that your reply to my Freedom of Information request is
now substantially late. Could you please send me a response as soon
as possible but certainly not later than the end of this week?

Yours sincerely,

Michael Bimmler

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From: M Bimmler

16 June 2009

Dear Sir or Madam,

your reference: FOI/59378/09/HD

I must inform you now, that I will complain to the Information
Commissioner's Office unless I receive a response to my Freedom of
Information request by the end of tomorrow (Wednesday). At the same
time, I hereby ask for an Internal Review into the handling of my
request so far.

Yours sincerely,

Michael Bimmler

Link to this

From: M Bimmler

26 June 2009

Dear Mr Brigland,

could you look into what happened to my FOI request reference
FOI/59378/09/HD ? It is long overdue and I have not received
replies to my recent correspondence with the Data Access &
Compliance Unit.

Yours sincerely,

Michael Bimmler

Link to this

From: M Bimmler

3 July 2009

Dear Sir or Madam,

may I enquire once again about this FOI request which is now by far
overdue?

Yours faithfully,

Michael Bimmler

Link to this

From: M Bimmler

6 July 2009

Dear Sir or Madam,

I hereby withdraw my request.

Yours faithfully,

Michael Bimmler

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Things to do with this request

Anyone:
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