The British National Party

Mark Walker
Solidarity Trades Union

[1][FOI #22460 email]

03 November 2009

Dear Mr Walkeer

Freedom of Information Request - Reference No: 20090553

Thank you for your request for information in relation to:

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
Your request will now be considered and you will receive a response within
the statutory timescale of 20 working days as defined by the Act, subject
to the information not being exempt or containing a reference to a third
party. In some circumstances South Yorkshire Police may be unable to
achieve this deadline. If this is likely you will be informed and given a
revised time-scale at the earliest opportunity

There may be a fee payable for the retrieval, collation and provision of
the information you request. If this is the case you will be informed and
the 20 working day timescale will be suspended until we receive payment
from you. If you choose not to make a payment then your request will
remain unanswered.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

Please Note *** Responses are published on South Yorkshire Police
disclosure log, which can be found at the following link:
http://www.southyorks.police.uk/foi/disc...

If you have any enquiries please contact the Information Compliance Unit
on the numbers below.

Yours sincerely,

Martha Robinson
Information Compliance Clerk
South Yorkshire Police
Information Compliance Unit
Professional Standards Department
Unit 20 Sheffield 35A Business Park
Churchill Way
Sheffield
S35 2PY

External T/N
0114 292 1797
0114 292 1798

South Yorkshire Police provides you the right to request a re-examination
of your case under its review procedure (copy enclosed). If you decide to
request such a review and having followed the Constabulary***s full
process you are still dissatisfied, then you have the right to direct your
comments to Information Commissioner who will give it consideration.

Citizen Focus: Improving Satisfaction and Confidence is a Priority for the
Force

Mark Walker To FOI requests at South
<[FOI #22460 email]> Yorkshire Police
<[South Yorkshire Police request email]>
03/11/2009 13:18 cc
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

show quoted sections

05 November 2009

Mark Walker
Solidarity Trades Union

[1][FOI #22460 email]

Dear Mr Walker

Freedom of Information Request - Reference No: 20090553

Thank you for your request for information in relation to: -
he 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

Please could you clarify the following point(s): -
In question 1, you asked for information prior to 2005, can you provide a
start date for our search.

Please forward your clarification to South Yorkshire Police as this
request will be ‘stopped’ on our database until this has been
received.
Once we have received clarification, your request be considered and you
will receive a response within the statutory timescale of 20 working days
as defined by the Act, subject to the information not being exempt or
containing a reference to a third party. In some circumstances South
Yorkshire Police may be unable to achieve this deadline. If this is likely
you will be informed and given a revised time-scale at the earliest
opportunity.

There may be a fee payable for the retrieval, collation and provision of
the information you request. If this is the case you will be informed and
the 20 working day timescale will be suspended until we receive payment
from you. If you choose not to make a payment then your request will
remain unanswered.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

Yours sincerely,

Martha Robinson
Information Compliance Clerk
South Yorkshire Police
Information Compliance Unit
Professional Standards Department
Unit 20 Sheffield 35A Business Park
Churchill Way
Sheffield
S35 2PY

External T/N
0114 292 1798
0114 292 1797

Email - [South Yorkshire Police request email]

To find out who your local Safer Neighbourhood Team officer is, how to
contact them, and to find out what’s happening in your area enter your
postcode at [2]http://neighbourhood.southyorks.police.uk

South Yorkshire Police provides you the right to request a re-examination
of your case under its review procedure (copy enclosed). If you decide to
request such a review and having followed the Constabulary’s full
process you are still dissatisfied, then you have the right to direct your
comments to the Information Commissioner who will give it consideration.

Citizen Focus: Improving Satisfaction and Confidence is a Priority for the
Force

CITIZEN FOCUS: Our commitment is to understand what the public want – so
that we deliver what they need.

show quoted sections

15 December 2009

Mark Walker

Solidarity Trade Union
[1][FOI #22460 email]

Mr Walker

Freedom of Information Request - Reference No: 20090553

Thank you for your request for information in relation to:

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. From 01 January 2001 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

South Yorkshire Police Complaints and Discipline records show that during
the period 1 January 2001 to 1 January 2005 no member of South Yorkshire
Police has 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

South Yorkshire Police Complaints and Discipline records show that during
the period 1 January 2005 to date (7 December 2009) no member of South
Yorkshire Police has 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.

No information held.

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

The Freedom of Information Act requires public authorities to supply
copies of recorded information. Authorities are not obliged to offer
opinions, answer speculative questions or create new information in order
to answer a request. Question four is therefore not a request under the
Freedom of Information Act 2000 as it is asking for the Force to consider
opinion on a subject and is not asking for recorded information.

Further requests for information in relation to the BNP, Combat 18 or the
National Front:

South Yorkshire Police is likely to treat any further similar request for
information as vexatious under Section 14 of the Freedom of Information
Act 2000 (FOIA).

You have made three requests within a few weeks of each other in relation
to the BNP, Combat 18 and the National Front. South Yorkshire Police has
also received a request around the same subject matter from another member
of the Solidarity Trade Union.

In this case, the number of requests made in relation to restrictions
placed on the Force under Police Regulations can be characterised fairly
as obsessive and unreasonable. The Freedom of Information Act is a useful
tool for gaining information around a specific subject that may assist in
public debate however, it is not a forum for raising political issues or
grievances around UK legislation and regulations. The Information
Commissioner recognises that having to deal with unreasonable requests can
strain an organisation***s resources, damage the credibility of the FOIA
and get in the way of answering other requests. Any further requests for
information on the same subject would meet the criteria to be treated as
vexatious under the FOIA and would be likely to be exempt as follows:

Section 14 of the Freedom of Information Act 2000 states:
(1) Section 1(1) does not oblige a public authority to comply with a
request for information if the request is vexatious.

(2) Where a public authority has previously complied with a request for
information which was made by any person, it is not obliged to comply with
a subsequent identical or substantially similar request from that person
unless a reasonable interval has elapsed between compliance with the
previous request and the making of the current request.

Persistent requests to South Yorkshire Police for information of this
nature are indeed putting a substantial burden on financial and human
resources. Please note that in accordance with the Freedom of Information
Act 2000 and the guidance from the Information Commissioner South
Yorkshire Police treat the request for information as vexatious and not
the person requesting the information.

Yours sincerely

Frances Wilson
Freedom of Information Compliance Clerk
South Yorkshire Police
Information Compliance Unit
Professional Standards Department
Unit 20 Sheffield 35A Business Park
Churchill Way
Sheffield
S35 2PY

External T/N
0114 292 1795
0114 292 1793

Email - [South Yorkshire Police request email]

Please note that police forces in the United Kingdom are routinely
required to provide information and statistics to government bodies and
the recording criteria is set nationally. However, the systems used for
recording these figures are not generic, nor are the procedures used
locally in capturing the data. It should be noted that for these reasons
this forces response to your questions should not be used for the
comparison purposes with any other response you may receive.

South Yorkshire Police provides you the right to request a re-examination
of your case under its review procedure (copy enclosed). If you decide to
request such a review and having followed the Constabulary***s full
process you are still dissatisfied, then you have the right to direct your
comments to the Information Commissioner who will give it consideration.

The South Yorkshire Police in complying with their statutory duty under
sections 1 and 11 of the Freedom of Information Act 2000 to release the
enclosed information will not breach the Copyright, Designs and Patents
Act 1988. However, the rights of the copyright owner of the enclosed
information will continue to be protected by law. Applications for the
copyright owner***s written permission to reproduce any part of the
attached information should be addressed to The Force Solicitor, South
Yorkshire Police, Police Headquarters, Snig Hill, Sheffield, S3 8LY.

CITIZEN FOCUS: Our commitment is to understand what the public want *** so
that we deliver what they need.

show quoted sections