The British National Party

Classification: NOT PROTECTIVELY MARKED

Thank you for your enquiry which has been logged under the above reference.

Under the Freedom of Information Act we are required to reply within 20 working days but given the current very high number of requests being received this may not be possible.

We will reply as soon as possible and please accept our apologies for the inconvenience any delay may cause.

Steve Grayton
Information Officer
Data Protection & Freedom of Information
Information Management
Corporate Development Department
Essex Police Headquarters
PO Box 2, Springfield, Chelmsford, CM2 6DA
Tel: 0300 333 4444 Ext 54551
Fax: 01245 452256
Email : data[Essex Police request email]
Personal email: [email address]
Website: www.essex.police.uk
Hours of work : Mon - Thurs 7:30 to 15:30
Fri 7:30 to 15:00

-----Original Message-----
From: Mark Walker [mailto:[FOI #22422 email]]
Sent: 03 November 2009 12:36
To: FOI
Subject: Freedom of Information request - The British National Party

Dear Sir or Madam,

The Secretary of State, in exercise of the powers conferred on him
by paragraph 1 of Schedule 1 to the Police Regulations 2003 (S.I.
2003/527), and having complied with the requirements of regulation
46, has determined that, with effect from 1st January 2005, there
shall be inserted before Annex A of the Determinations under the
Police Regulations 2003 the following Annex:

"ANNEX AA Regulation 6 Schedule 1
RESTRICTIONS ON THE PRIVATE LIFE OF MEMBERS OF POLICE FORCES

No member of a police force may be a member of any of the following
organisations-
a) the British National Party;
b) Combat 18;
c) the National Front."

I would like to request the following information under the Freedom
of Information Act

1. Prior to 1st January 2005 had any members of your Police Force
been disciplined in connection with membership of:-
a) the British National Party;
b) Combat 18; or
c) the National Front

Please provide details of how many and the outcomes of such
disciplinary procedures if any.

2. After 1st January 2005 have any members of your Police Force
been disciplined in connection with membership of:-
a) the British National Party;
b) Combat 18; or
c) the National Front

Please provide details of how many and the outcomes of such
disciplinary procedures if any.

3. After 1st January 2005 did you review the Human Rights
implications of the restriction? Please supply minutes and other
documentation relating to such a review.

4. The restriction relates to membership. Do you consider that
there is any restriction on a member of your Police Force:-
a) donating to the British National Party
b) subscribing to a British National Party publication
c) purchasing goods from the British National Party
d) signing a petition in favour of the British National Party
e) signing a nomination form for a British National Party candidate

Yours sincerely

Mark Walker
Solidarity Trades Union

solidaritytradeunion.org

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Classification: NOT PROTECTIVELY MARKED

Thank you for your enquiry which has been logged under the above
reference. Having completed my enquiries I am able to respond as follows:

The Secretary of State, in exercise of the powers conferred on him by
paragraph 1 of Schedule 1 to the Police Regulations 2003 (S.I. 2003/527),
and having complied with the requirements of regulation 46, has determined
that, with effect from 1st January 2005, there shall be inserted before
Annex A of the Determinations under the Police Regulations 2003 the
following Annex:

"ANNEX AA Regulation 6 Schedule 1
RESTRICTIONS ON THE PRIVATE LIFE OF MEMBERS OF POLICE FORCES

No member of a police force may be a member of any of the following
organisations-
a) the British National Party;
b) Combat 18;
c) the National Front."

I would like to request the following information under the Freedom of
Information Act

1. Prior to 1st January 2005 had any members of your Police Force been
disciplined in connection with membership of:-
a) the British National Party;
b) Combat 18; or
c) the National Front

Please provide details of how many and the outcomes of such disciplinary
procedures if any.

2. After 1st January 2005 have any members of your Police Force been
disciplined in connection with membership of:-
a) the British National Party;
b) Combat 18; or
c) the National Front

Please provide details of how many and the outcomes of such disciplinary
procedures if any.

In respect of Q's 1&2 - Having checked with Essex Police's Professional
Standards Department (PSD) they have no record of any officers who have
been subject to misconduct proceedings regarding membership of the
organisations you refer to.

3. After 1st January 2005 did you review the Human Rights implications of
the restriction?

Please supply minutes and other documentation relating to such a review.
In accordance with section 17 of the Freedom of Information Act 2000
(FOIA), this response serves as a formal notification of refusal of your
request on the basis that Essex Police does not hold the information you
seek access to.

4. The restriction relates to membership. Do you consider that there is
any restriction on a member of your Police Force:-

a) donating to the British National Party
b) subscribing to a British National Party publication
c) purchasing goods from the British National Party
d) signing a petition in favour of the British National Party
e) signing a nomination form for a British National Party candidate

With regards to Q4, I am afraid that your request does not meet the
requirements of a Freedom of Information request as it does not describe
what, in terms of recorded information held by Essex Police, you are
seeking access to (section 8, 1 (C) of the Freedom of Information Act 2000
(FOIA) refers). You are asking for an "opinion" which Essex Police is not
obliged to provide under FOIA as to do so would mean creating new
information for the purpose of answering a request.

I have attached a copy of Essex Police's policy dated 18th April
2005 (file ref. 2466.pdf) for your information.
Finally, I would mention that The ACPO Chief Constables' Council in 2004
endorsed the following:-

"No member of the police service, whether police officer or police staff,
maybe a member of an organisation whose constitution, aims, objectives or
pronouncements contradict the general duty to promote race quality. This
specifically includes the British National Party." It added that, "in
view of the importance on public confidence of meeting the general duty to
promote race equality established in the Race Relations (Amendment Act)
2000, it is anticipated that non-compliance will result in dismissal."

This position is judged to be consistent with Regulation 6 of the Police
(Amendment) Regulations 2003 and with Paragraph 12 of the Police Code of
Conduct, hence the reference to dismissal. This remains the policy of the
police service in England and Wales to date and officers or staff who were
found to be members of the BNP would be dealt under Regulation 6 of the
Police (Amendment) Regulations 2003 and with Paragraph 12 of the Police
Code of Conduct.

The ACPO document "The Association of Chief Police Officers (ACPO)
decision to ban Police Officers and Staff from being Members of the
British National Party (BNP)" has previously been made available though a
previous FoI request to the Home Office. Please see the following link:

[1]http://www.homeoffice.gov.uk/about-us/fr...

I hope the information provided is of use.
Steve Grayton
Information Officer
Data Protection & Freedom of Information
Information Management
Corporate Development Department
Essex Police Headquarters
PO Box 2, Springfield, Chelmsford, CM2 6DA
Tel: 0300 333 4444 Ext 54551
Fax: 01245 452256
Email : data[Essex Police request email]
Personal email: s[2][email address]
Website: [3]www.essex.police.uk
Hours of work : Mon - Thurs 7:30 to 15:30
Fri 7:30 to 15:00

If you are dissatisfied with the handling of your request, you have the
right to ask for an internal review. Internal review requests should be
submitted within two months of the date of receipt of the response to your
original request and should be addressed to Information Management at the
above address.

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

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