Speaker Election Nomination Forms

The request was refused by House of Commons.

Dear Sir or Madam,

I am writing under the Freedom of Information Act 2000 to request a copy of all nomination forms submitted in respect of the election to the position of Speaker held on 22nd June 2009.

Kind regards,

Benny Spooner

FOICOMMONS, House of Commons

1 Attachment

Dear Mr Spooner

Thank you for your request for information dated 30 June 2009, received
by us on 1 July 2009, which is copied below.

Following the recent publication of information about MP's expenses, we
are receiving unprecedented numbers of requests which, unfortunately,
has affected our ability to consistently meet the statutory targets for
a response. We are allocating additional resources to deal with this but
in some cases our responses are taking longer than we would like or we
commit to normally.

Information relating to allowances for the period 2008/09 - 2009/10 is
currently being prepared for publication and will be available as soon
as possible.

We will endeavour to respond promptly to your request within 20 working
days, i.e. on or before 29 July 2009.

If you have and queries about your request please use the request number
quoted in the subject line of this email.

Yours sincerely

________________________________________________________________

Brenda Brevitt
Project Officer
FOI, Department of Resources
House of Commons
P Please consider the environment before printing

I am writing under the Freedom of Information Act 2000 to request a
copy of all nomination forms submitted in respect of the election
to the position of Speaker held on 22nd June 2009.

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FOICOMMONS, House of Commons

F09-423

Dear Mr Spooner,

Thank you for your request for information, which is copied below.

The election was a Proceeding in Parliament, as set out in Standing Order
No 1B, and the information requested would fall under section 34 of the
Act which provides that information is exempt from disclosure if it would
infringe the privileges of either House.

The information you have requested is therefore exempt from disclosure
under section 34(1) of the Freedom of Information Act, in order to avoid
an infringement of the privileges of the House of Commons. This is an
absolute exemption and the public interest test does not apply.

If the decision to apply section 34 of the 2000 Act in respect of your
request is upheld by review, a certificate signed by the Speaker may be
issued. This certificate would provide conclusive evidence that the
exemption was required for the purpose described above.

Yours sincerely,

Bob Castle

Head of Information Rights and Information Security

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Dear Bob Castle,

I am writing to request an internal review of the decision to refuse my Freedom of Information Act request relating to Speaker Election Nomination Forms. In particular, I would like the review to assess whether the information requested is covered by parliamentary privilege. If the outcome of the review is that the information is exempt from disclosure under Section 34 (1) of the Freedom of Information Act, please send me the appropriate certificate.

I would also ask, in the event that the review determines that the information is exempt from disclosure, that Mr. Speaker should use his discretion and waive parliamentary privilege on this occasion. It is important that the public has confidence in the process for electing the Speaker, and to that end it is important for the public to see evidence that all of the candidates were properly nominated in line with the standing orders of the House. In national elections the names of the assenters for each candidate are published to this end, and it is right that elections to the office of Speaker should be subjected to the same standard of openness and transparency.

Kind Regards,

Benny Spooner

FOICOMMONS, House of Commons

Dear Mr Spooner,

Internal review request

Thank you for your email dated 3rd August 2009 requesting an internal
review of Freedom of Information request ref: F09-423, which was
received on 4th August 2009, and is copied below.

Our internal target for dealing with internal reviews is thirty working
days. We will deal with your request promptly and endeavour to provide
a response by 16th September 2009.

If you have any queries about the review, please contact
[House of Commons request email] quoting your request reference.

Yours,


Patrick Dawson


Data Protection and Freedom of Information Manager
Information Rights and Information Security (IRIS) service
Department of Resources
FOI
House of Commons
London

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FOICOMMONS, House of Commons

F09-423

Dear Mr Spooner,

Thank you for your request for an internal review of our response to your
request for information. I am sorry for the delay but we have been unable
to complete a response to your request by the intended deadline of 16
September 2009 as it is necessary for us to obtain the views of the
Speaker. It is being considered as a matter of priority and will be
responded to as soon as possible. Details of how to make a complaint
about the handling of your request will follow with the response.

Yours sincerely,

Bob Castle

Head of Information Rights and Information Security

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Dear Bob Castle,

Thank you for your email of 16 September which explained that there would be a delay in replying to my request for an internal review. Whilst I realise that it is important that the issues raised are fully considered it would be helpful if you could provide a date by which you expect the review to be completed.

As you will know the Information Commission's best practice guidelines states that

"a reasonable time for completing an internal review is 20 working days..."

and that

"...in no case should the total time taken exceed 40 working days...".

Given that some 54 working days have now elapsed since the review was requested I do hope that you will be able to respond shortly.

Kind regards,

Benny Spooner

FOICOMMONS, House of Commons

F09-423

Dear Mr Spooner,

Thank you for your email dated 20 October, in which you ask us to provide
you with a date by which we expect the internal review of your requests
F09-423 and F09-424 to be completed. The responses to your requests
stated that the information you sought was exempt from disclosure under
section 34 of the Freedom of Information Act. In order for the
application of these exemptions to be reviewed it is necessary to obtain
the views of Mr Speaker. It was unfortunately not possible to consult
with the new Speaker with respect to the application of the section 34
exemption to your requests during the summer recess. Arrangements have
been made to take your requests to the Speaker now that the House has
returned from the summer recess and we anticipate being able to respond to
this internal review shortly.

We accept that this represents a delay from the original date by which we
had hoped to be able to respond to your internal reviews. However, this
has been necessitated by the need to consult with the Speaker in order to
conclude the internal reviews.

Yours sincerely,

Bob Castle

Head of Information Rights and Information Security

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Dear Bob Castle,

Further to your email of 23 October, and given that 97 working days have now passed since my request for an internal review, please could you advise:

- The reasons for the continuing delay
- When you expect to be able to send a substantive response to my request for an internal review

Kind regards,

Benny Spooner

Ganesh Sittampalam left an annotation ()

Have you reported them to the ICO yet? You should, because even if it takes ages for the ICO to take action, at least you'll be in the queue.

FOICOMMONS, House of Commons

2 Attachments

F09-423

Dear Mr Spooner,

Please find attached response to your request for an internal review of
your Freedom of Information request F09-423.

Yours sincerely,

Katy Gray

Freedom of Information Coordinator

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Dear Katy Gray,

I am grateful for the consideration given to my request for an internal review although, as Mr. Speaker predicted, somewhat disappointed with the substance of the response.

One outstanding issue is that you did not attach a Section 34(3) certificate, which is necessary to claim a Section 34 exemption on internal review. Please could you now forward this to me?

Many thanks,

Benny Spooner

FOICOMMONS, House of Commons

Dear Mr Spooner

Thank you for your email regarding your request for information F09-423. Please refer to the fourth page of Mr Speaker's letter to you dated 22 December 2009 for a copy of the Speaker's certificate for this request.

Yours sincerely

Katy Gray

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Dear Katy Gray,

I do apologise, I appear to have sent the previous email with reference to the wrong request. I will resend.

Kind regards,

Benny Spooner