Dear Equality and Human Rights Commission,

I understand that a registered charity called "Campaign Against Anti-Semitism" has submitted to you a detailed legal argument inviting you to open an investigation into the Labour Party under section 20 of the Equality Act 2006. This legal argument was submitted at your request after the charity first made an informal request.

Please can you disclose, in an electronic format, the following:
1. The informal request.
2. Your invitation for detailed legal argument.
3. The detailed legal argument.

Yours faithfully,
G Webber

Julie Wong, Equality and Human Rights Commission

Dear G Webber

 

Subject: Freedom of Information Request

 

Thank you for your email of 11 November 2018, in which you make the
following Freedom of Information request:

“I understand that a registered charity called "Campaign Against
Anti-Semitism" has submitted to you a detailed legal argument inviting you
to open an investigation into the Labour Party under section 20 of the
Equality Act 2006. This legal argument was submitted at your request after
the charity first made an informal request.

 

Please can you disclose, in an electronic format, the following:

1. The informal request.

2. Your invitation for detailed legal argument.

3. The detailed legal argument.”

 

As your email amounts to a request for information that the Commission may
hold, in accordance with the requirements of section 10 of the Freedom of
Information Act 2000, we will respond promptly and in any event no later
than 20 working days following the date of receipt of the request. In this
instance a response will be with you no later than 10 December 2018. If
for any reason we are not able to meet this deadline, we will notify you
and give you an indication of when we will send you a full response.

 

If you have any queries please contact us using the details below.

 

 

Yours sincerely

 

EHRC Corporate Correspondence Team

 

[1][Equality and Human Rights Commission request email]

 

Correspondence Unit | Arndale Centre, Arndale House, Manchester, M4 3AQ

 

 

 

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Freedom of Information, Equality and Human Rights Commission

Dear G Webber

I am writing regarding your recent FOI request, we are uncertain about the "Informal Request" that you referred to in your request.

Under section 1(3) of the Freedom of Information Act 2000 ("the Act") and in accordance with ICO guidance, we reasonably require further information in order to identify and locate the information that you require.

Please clarify / provide details about the "Informal Request" that you are requesting, for example, the date of receipt, whom it was sent from and whom to, and what it was about.

When you have provided this information we will aim to expedite our response as soon as possible and no later than within 20 working days of its receipt.

Please note, we will be unable to progress this matter until we are in receipt of this further information. If we do not receive appropriate clarification of your request within 3 months from the date of this email, we will deem this request to be closed.

If you have any queries please contact us on the details below.

Yours sincerely

EHRC Corporate Correspondence Team

[Equality and Human Rights Commission request email]

Correspondence Unit | Arndale Centre, Arndale House, Manchester, M4 3AQ

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Dear Freedom of Information,

Thank you for your email seeking clarification.

My FOIA request is based on a news story published here: https://antisemitism.uk/caa-submits-lega...

As you will see, in that article, a spokesperson for the Campaign Against Anti-Semitism says: "In July, we referred the Labour Party to the scrutiny of the Equality and Human Rights Commission, and the Commission asked us for a detailed legal submission which we instructed counsel to prepare."

The informal request to which I referred is the one thus described - 'the Commission asked us for a detailed legal submission'. I am sure that whichever team within your organisation is dealing with this matter will have no difficulty in locating the specified request.

Yours sincerely,

G Webber

Julie Wong, Equality and Human Rights Commission

1 Attachment

Dear G Webber

Please find attached our response to your Freedom of Information request.

Yours sincerely

EHRC Corporate Correspondence Team

[Equality and Human Rights Commission request email]

Correspondence Unit | Arndale Centre, Arndale House, Manchester, M4 3AQ

Note: To see how we use your personal data when you give it to us, please go to https://www.equalityhumanrights.com/en/p... on our website to read our Privacy Notice. If you would like us to send you a printed copy of the Privacy Notice please write to: Correspondence Unit | Arndale Centre, Arndale House, Manchester, M4 3AQ

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Dear Ms Wong,

Surely you know that section 31 is a qualified exemption and can only be used to withhold information if a public interest test has been carried out? Public authorities are required to explain the outcome of this public interest test when issuing a section 31 refusal.

Please can you therefore refer this case to someone senior, who has received FOIA training, and have them review it.

Yours sincerely,

G Webber

Freedom of Information, Equality and Human Rights Commission

2 Attachments

Dear G Webber,

My apologies. Please see the attachments which should have gone with the letter.

Yours sincerely

Julie Wong

EHRC Corporate Correspondence Team

[Equality and Human Rights Commission request email]

Correspondence Unit | Arndale Centre, Arndale House, Manchester, M4 3AQ

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Dear Ms Wong,

Thank you for sending this through. However, that document is headed "Prejudice to public function test" and is devoted to examining whether or not the section 31 exemption is engaged. That is all well and good, however after deciding that the exemption is engaged a public authority has to go on to consider whether the public interest in maintaining the exemption outweighs the public interest in disclosing the information.

The EHRC has not done this in relation to my request, or at least it has not disclosed its reasoning. In fact, there is nothing to suggest that the EHRC considered both sides, or conducted any form of balancing exercise at all, whereas the Freedom of Information Act explicitly requires such a balancing exercise.

My request for a review therefore stands.

Yours sincerely,

G Webber

Freedom of Information, Equality and Human Rights Commission

4 Attachments

Dear G Webber

 

Subject: Review Request – FOI1270R

 

Thank you for your email dated 10 December 2018 in which you requested a
review of the response to your FOI request submitted on 11 November 2018.

 

We aim to respond promptly and within 20 working days. You can therefore
expect to receive our review response no later than 10 January 2019. If
for any reason we are not able to meet this deadline, we will notify you
and give you an indication of when we will send you a full response.

 

Yours sincerely

 

EHRC Corporate Correspondence Team

 

[1][Equality and Human Rights Commission request email]

 

Correspondence Unit | Arndale Centre, Arndale House, Manchester, M4 3AQ

[2]cid:image006.png@01D33B87.D446CD70[3]cid:image002.png@01D104DE.D0EB56F0[4]cid:image003.png@01D104DE.D0EB56F0[5]cid:image004.png@01D104DE.D0EB56F0

 

Note: To see how we use your personal data when you give it to us, please
go to [6]https://www.equalityhumanrights.com/en/p... on our
website to read our Privacy Notice. If you would like us to send you a
printed copy of the Privacy Notice please write to: Correspondence Unit |
Arndale Centre, Arndale House, Manchester, M4 3AQ

 

 

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Freedom of Information, Equality and Human Rights Commission

6 Attachments

Dear Webber

 

Please find attached our response to your request for a review, received
on 10 December 2018.

 

Yours sincerely

 

EHRC Corporate Correspondence Team

 

[1][Equality and Human Rights Commission request email]

 

Correspondence Unit | Arndale Centre, Arndale House, Manchester, M4 3AQ

[2]cid:image006.png@01D33B87.D446CD70[3]cid:image002.png@01D104DE.D0EB56F0[4]cid:image003.png@01D104DE.D0EB56F0[5]cid:image004.png@01D104DE.D0EB56F0

 

Note: To see how we use your personal data when you give it to us, please
go to [6]https://www.equalityhumanrights.com/en/p... on our
website to read our Privacy Notice. If you would like us to send you a
printed copy of the Privacy Notice please write to: Correspondence Unit |
Arndale Centre, Arndale House, Manchester, M4 3AQ

 

 

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