5G, Wi-Fi, Wireless RF/EMF Radiation - NEWRY, MOURNE AND DOWN DISTRICT COUNCIL’S Public Liability Insurance Cover for this WHO’s 2B “Possible Human Carcinogen”

Alisa Keane made this Rhyddid Gwybodaeth request to Newry, Mourne and Down District Council

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Roedd y cais yn rhannol lwyddiannus.

5 September 2019
Liam Hannaway 
Doing business as Chief Executive Officer 

Marie Ward 
Doing business as Chief Executive Officer, Designate 

NEWRY, MOURNE AND DOWN DISTRICT COUNCIL 

Newry Office - Monaghan Row, Newry

NOTICE TO THE PRINCIPAL IS NOTICE TO THE AGENT; NOTICE TO THE AGENT IS NOTICE TO THE PRINCIPAL

5G, Wi-Fi, Wireless RF/EMF Radiation - NEWRY, MOURNE AND DOWN DISTRICT COUNCIL’S Commercial Public Liability Insurance Cover for this WHO’s 2B “Possible Human Carcinogen”

NOTICE OF FREEDOM OF INFORMATION ACT 2000

Dear Liam Hannaway and Marie Ward

WHEREAS of February 2015, Lloyd’s of London excludes any liability coverage for claims “directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise.” Exclusion 32, (PDF page 7 below) Includes: mobile phones, mobile modems, tablets, Wi-Fi access points/routers, smart meters, radar, cell towers [mobile phone masts] etc. CFC Underwriting Limited is a Lloyd’s of London underwriter. 
https://www.scribd.com/document/26161083...

WHEREAS on the 18 February 2015, CFC Underwriting LTD (UK agent for Lloyd’s of London) stated, “the Electromagnetic Fields Exclusion (Exclusion 32) is a General Insurance Exclusion and is applied across the market as standard. The purpose of the exclusion is to exclude cover for illnesses caused by continuous long-term non-ionizing radiation exposure...” ** Non-ionizing radiation is another name for wireless RF/EMF radiation also known as 2G, 3G, 4G
https://ehtrust.org/key-issues/electroma...

WHEREAS due to the high risk that electromagnetic (EMF) field exposure poses, most insurance companies do not cover electromagnetic fields and have very clear “electromagnetic field exclusions.” EMFs are classified as a “pollutant” alongside smoke, chemicals and asbestos. https://ehtrust.org/key-issues/electroma...

WHEREAS the World Health Organisation’s (WHO) International Agency for Research on Cancer (IARC) classified wireless radiation (RF/EMF) as a Group 2B ‘Possible Human Carcinogen’ from 2011 onwards, based on scientific evidence that linked wireless exposure with increased risks of brain or head tumours, damage to DNA and other types of genotoxicity, increased oxidative stress and evidence from animal studies.

WHEREAS The World Health Organisation’s (WHO) IARC 2B ‘Possibly Carcinogenic to Humans’ classification includes wireless RF/EMF radiation from any transmitting source in the range of 30 KHz to 300 GHz emitted from any device. This includes mobile phones, smart meters, mobile phone mast, tablet computers/iPads, Wi-Fi devices, etc. 
https://ehtrust.org/key-issues/electroma...

WHEREAS The World Health Organisation’s IARC full published report (monograph) ‘The evaluation of Carcinogenic Risks to Humans’. Vol 102 outlines that children absorb wireless (RF/EMF) radiation DEEPER into their bodies than adults and also states that the classification includes exposure to all radiofrequency radiation [RF] and not just mobile phones. https://publications.iarc.fr/126

The United Kingdom of Great Britain and Northern Ireland [UK] is a member state and is a funder and participates in the Governing Council of the World Health Organisation’s International Agency for Research on Cancer. https://www.iarc.fr/...//www.iarc.fr/abo...

WHEREAS 1 November 2018 - the U.S. Government’s National Toxicology Program released the final report on their $25+ million large-scale animal study- the peer review panel found ‘Clear Evidence’ of cancer for heart Schwannoma in animals exposed to RF and ‘some evidence’ of several other cancers including glioma.  “Clear Evidence” of both heart and brain cancers after wireless radio frequency (RF) radiation exposures. The five (5) categories of evidence of carcinogenic activity are used in the NTP Technical Report series to summarize the strength of evidence observed in each experiment: The two highest categories for positive results are “Clear Evidence” and “Some Evidence”. https://ntp.niehs.nih.gov/results/pubs/l...

WHEREAS “Our conclusion on RF [wireless] radiation carcinogenicity is the following based on human epidemiology and supported by animal results in the NTP reports: Glioma, clear evidence; meningioma, equivocal evidence; vestibular schwannoma (acoustic neuroma), clear evidence; pituitary tumor (adenoma), equivocal evidence; thyroid cancer, some evidence; malignant lymphoma, equivocal evidence; skin (cutaneous tissue), equivocal evidence; multi‑site carcinogen, clear evidence.

Based on the [WHO's] IARC preamble to the monographs, RF radiation should be classified as Group 1: The agent is carcinogenic to humans.”

-International Journal of Oncology, Volume 54 Issue 1; 2018/2019; Lennart Hardell and Michael Carlberg, https://www.spandidos-publications.com/1...

WHEREAS Again in 2018 Italy's Ramazzini Institute found Schwannomas again even though they used lower intensity far-field radiation like that produced by base stations/cell towers. Researchers with the renowned Ramazzini Institute (RI) announce that the large-scale lifetime study of lab animals exposed to environmental levels of cell tower/mobile phone mast radiation radiation developed cancer. 
http://phiremedical.org/tag/5g/ and https://ehtrust.org/worlds-largest-anima...

WHEREAS Together these multiple forms of evidence elevate the carcinogenic status of wireless RF/EMF radiation but the World Health Organisation’s IARC have not yet reconvened to reclassify it. Experts are calling for wireless RF/EMF radiation - also known as non-ionising radiation now to be a Group 1 “Known Human Carcinogen” like tobacco, asbestos or x-rays. http://phiremedical.org/tag/5g/

WHEREAS “This animal evidence, together with the extensive human evidence, coupled with the rising incidence of brain cancers in young people in the US, conclusively confirms that radio frequency radiation is a Category 1 Human Carcinogen,” said Dr Anthony Miller, a World Health Organisation Advisor and University of Toronto Dalla Lana School of Public Health Professor Emeritus on 1 November 2018. https://www.dailymail.co.uk/health/artic...

Under the Freedom of Information Act 2000 and the Environmental Information Regulations 2004, you are required to provide the following:

1. Copies of all commercial Public Liability Insurance policies, providers and underwriters held by NEWRY, MOURNE AND DOWN DISTRICT COUNCIL that include liability coverage for claims directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation, and non-ionising radiation.

2. Copies of all “Pollution Liability” or “Policy Enhancement” in relation to the commercial Public Liability Insurance policies held by NEWRY, MOURNE AND DOWN DISTRICT COUNCIL.

3. A copy of the “Certificate of Indemnity” from Public Insurance provider and underwriters, confirming that any injuries, damages or adverse health effects directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation, non-ionising radiation emitting devices and equipment is covered by NEWRY, MOURNE AND DOWN DISTRICT COUNCIL’s commercial Public Liability insurance policy. Please include policy numbers.

I do not consent to receiving a single sentence/paragraph response for items 1- 3. I require each item to have its own response. Please number your responses 1 -3.

I do not consent to receiving incomplete, unnecessary, incorrect or untruthful information or representations within Freedom of Information responses.

The information requested/claimed in this FOI is of public interest. The NEWRY, MOURNE AND DOWN DISTRICT COUNCIL exists for one purpose only - to give services to the public and has no other purpose. This is not a gift or altruistic service - it is a public service is paid for by the people through public money, such as rates.

I have the reasonable expectation that you, Liam Hannaway, acting as a public servant in the public office of Chief Executive Officer of NEWRY, MOURNE AND DOWN DISTRICT COUNCIL will honour and adhere to your position of Trust, the Seven Principles of public life, your Duty of Care, the laws, the statutory legislation, regulations and protocols that govern public servants and all those who offer a public service. The 7 principles of public life are: Honesty; Openness; Leadership; Integrity; Accountability; Objectivity and Selflessness.
https://www.gov.uk/government/publicatio...

This will be used as evidence.

Sincerely and without ill will, vexation or frivolity, 

by Alisa Keane

All rights reserved

cc: To All Whom It May Concern

Rooney, Ruth, Newry, Mourne and Down District Council

Dear Sir/Madam

 

Thank you for your email dated 5 September 2019 and your request for
information therein.

 

You have requested from Newry, Mourne and Down District Council
information in relation to public liability insurance cover regarding
radiation.

 

I confirm your request will be processed as a request under the Freedom of
Information Act 2000.  Accordingly, you will receive the information you
have requested within 20 working days of the date of receipt of your
request by the Council unless the Council does not hold the information or
there is a reason to withhold all or part of the information requested. 
Council will write to you in any event. 

 

I hope to respond to you no later than 3 October 2019.

 

For further information in relation to the Freedom of Information Act 2000
I would refer you to the Information Commissioner's Office website,
www.ico.org.uk

 

If you wish to discuss the above please do not hesitate to contact me.

 

Kind regards

 

 

 

 

Ruth Rooney
Information Officer

Oifig Dhún Pádraig

Downpatrick Office

Downshire Civic Centre

Downshire Estate, Ardglass Road

Downpatrick BT30 6GQ

Council: 0300 013 2233

Planning: 0300 200 7830

Ext 2106

[1]www.newrymournedown.org

[2]www.facebook.com/nmdcouncil

[3]www.twitter.com/nmdcouncil

 

Save paper - think before you print!

 

This e-mail, its contents and any attachments are intended only for the
above named. As this e-mail may contain confidential or legally privileged
information, if you are not, or suspect that you are not, the above named,
or the person responsible for delivering the message to the above named,
delete or destroy the email and any attachments immediately. The contents
of this e-mail may not be disclosed to, nor used by, anyone other than the
above named. We will not accept any liability (in negligence or otherwise)
arising from any third party acting, or refraining from acting, on such
information. Opinions, conclusions and other information expressed in such
messages are not given or endorsed by the Council, unless otherwise
indicated in writing by an authorised representative independent of such
messages. Please note that we cannot guarantee that this message or any
attachment is virus free or has not been intercepted and amended. The
Council undertakes monitoring of both incoming and outgoing e-mails. You
should therefore be aware that if you send an e-mail to a person within
the Council it may be subject to any monitoring deemed necessary by the
organisation. As a public body, the Council may be required to disclose
this e-mail (or any response to it) under UK Data Protection and Freedom
of Information legislation, unless the information in it is covered by an
exemption.

References

Visible links
1. http://www.newrymournedown.org/
2. http://www.facebook.com/nmdcouncil
3. http://www.twitter.com/nmdcouncil

Rooney, Ruth, Newry, Mourne and Down District Council

Dear Sir/Madam

 

I refer to the above and write further to my email of 5 September 2019.

 

Under the Freedom of Information Act 2000 you have requested information
from Newry, Mourne and Down District Council.  Your request has been
processed in accordance with the Freedom of Information Act and,
accordingly, please see the response below.

 

REQUEST

1.  Copies of all commercial Public Liability Insurance policies,
providers and underwriters held by  NEWRY, MOURNE AND DOWN DISTRICT
COUNCIL that include liability coverage for claims directly or indirectly
arising out of, resulting from or contributed to by electromagnetic
fields, electromagnetic radiation, electromagnetism, radio waves or noise,
wireless RF radiation, microwave radiation, and non-ionising radiation.

 

2. Copies of all “Pollution Liability” or “Policy Enhancement” in relation
to the commercial Public Liability Insurance policies held by NEWRY,
MOURNE AND DOWN DISTRICT COUNCIL.

 

3. A copy of the “Certificate of Indemnity” from Public Insurance provider
and underwriters, confirming that any injuries, damages or adverse health
effects directly or indirectly arising out of, resulting from or
contributed to by electromagnetic fields, electromagnetic radiation,
electromagnetism, radio waves or noise, wireless RF radiation, microwave
radiation, non-ionising radiation emitting devices and equipment is
covered by NEWRY, MOURNE AND DOWN DISTRICT COUNCIL’s commercial Public
Liability insurance policy. Please include policy numbers.

 

RESPONSE

Newry, Mourne and Down District Council holds the following information in
relation to your request:

 

 1. The Council’s Public Liability policy wording is currently silent in
respect of harm caused by wireless radiation.
 2. Newry, Mourne and Down District Council holds no recorded information
in relation to this part of your request.
 3. Newry, Mourne and Down District Council holds no recorded information
in relation to this part of your request as its insurance provider
does not provide certificates of indemnity in respect of Public
Liability insurance. The Council’s Public Liability policy wording is
currently silent in respect of harm caused by wireless radiation.

 

If you wish to discuss the above or require clarification on any matter,
please do not hesitate to contact me.

 

I trust this is of assistance.  However, should you be unhappy with our
response in this matter you may request an Internal Review of our response
by 27 November 2019. You can contact Ms Edel Cosgrove, Head of Compliance
([email address]) in that regard.

In the event you are unhappy with the outcome of any Internal Review
conducted by the Council you may apply to the Information Commissioner's
Office (ICO) for a review of our response. Please note that the ICO
generally expects Internal Reviews to be completed prior to reviewing the
decisions of public bodies.  For further information in relation to
Freedom of Information I would direct you to the website of the
Information Commissioner at: [1]www.ico.org.uk.

Kind regards

 

 

Ruth Rooney
Information Officer

Oifig Dhún Pádraig

Downpatrick Office

Downshire Civic Centre

Downshire Estate, Ardglass Road

Downpatrick BT30 6GQ

Council: 0300 013 2233

Planning: 0300 200 7830

Ext 2106

[2]www.newrymournedown.org

[3]www.facebook.com/nmdcouncil

[4]www.twitter.com/nmdcouncil

 

Save paper - think before you print!

 

This e-mail, its contents and any attachments are intended only for the
above named. As this e-mail may contain confidential or legally privileged
information, if you are not, or suspect that you are not, the above named,
or the person responsible for delivering the message to the above named,
delete or destroy the email and any attachments immediately. The contents
of this e-mail may not be disclosed to, nor used by, anyone other than the
above named. We will not accept any liability (in negligence or otherwise)
arising from any third party acting, or refraining from acting, on such
information. Opinions, conclusions and other information expressed in such
messages are not given or endorsed by the Council, unless otherwise
indicated in writing by an authorised representative independent of such
messages. Please note that we cannot guarantee that this message or any
attachment is virus free or has not been intercepted and amended. The
Council undertakes monitoring of both incoming and outgoing e-mails. You
should therefore be aware that if you send an e-mail to a person within
the Council it may be subject to any monitoring deemed necessary by the
organisation. As a public body, the Council may be required to disclose
this e-mail (or any response to it) under UK Data Protection and Freedom
of Information legislation, unless the information in it is covered by an
exemption.

References

Visible links
1. http://www.ico.gov.uk/
2. http://www.newrymournedown.org/
3. http://www.facebook.com/nmdcouncil
4. http://www.twitter.com/nmdcouncil

3 October 2019
Marie Ward
Doing business as Chief Executive Officer
Newry, Mourne and Down District Council
Newry Office - Monaghan Row Newry

Notice to the Principal is Notice to the Agent; Notice to the Agent is Notice to the Principal

5G, Wi-Fi, Wireless RF/EMF Radiation - NEWRY, MOURNE AND DOWN DISTRICT COUNCIL’S Commercial Public Liability Insurance Cover for this WHO’s 2B “Possible Human Carcinogen”

NOTICE OF FAULT AND OPPORTUNITY TO CURE


Dear Marie Ward,

I have received correspondence from Ruth Rooney, acting as Information Officer, alleging to be a response to my 5 September 2019 FOI. Ruth Rooney has failed to provide me with the information I claimed/requested.

As you are aware, it is your duty, under the Freedom of Information Act 2000, to uphold the “right of access to information held by public authorities“ and “to confirm or deny”, as outlined in Part I ‘Right to Information’ Section I of the Act.

Therefore, Marie Ward, acting as Chief Executive Officer, you have the opportunity to cure by suppling the information outlined in item 1(A-C) and item 3(A-B) as claimed/requested on the 5 September 2019 and in accordance to the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 and outlined below:


“1. Copies of all commercial Public Liability Insurance policies, providers and underwriters held by NEWRY, MOURNE AND DOWN DISTRICT COUNCIL that include liability coverage for claims directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation, and non-ionising radiation.”

Ruth Rooney’s alleged response: “1. The Council’s Public Liability policy wording is currently silent in respect of harm caused by wireless radiation.”

(A)First, I claimed/requested “COPIES of all commercial Public Liability Insurance policies, providers and underwriters held by NEWRY, MOURNE AND DOWN DISTRICT COUNCIL that include liability coverage for claims directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation, and non-ionising radiation.”

I have NOT been supplied with my claimed/requested COPIES.

As you are aware, it is your duty, under the Freedom of Information Act 2000, to uphold the “right of access to information held by public authorities“ and to confirm or deny”, as outlined in Part I ‘Right to Information’ Section I of the Act.

So either the “COPIES of all commercial Public Liability Insurance policies, providers and underwriters held by NEWRY, MOURNE AND DOWN DISTRICT COUNCIL that include liability coverage for claims directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation, and non-ionising radiation.” -

-exist or they do NOT exist and if they do NOT exist then they can not be held by the COUNCIL. I demand that you fulfil your Duty to uphold the “right of access to information held by public authorities“ and “to confirm or deny” and either supply me with the copies or confirm that the NEWRY, MOURNE AND DOWN DISTRICT COUNCIL does not hold such commercial Public Liability Insurance policies.

Section 77 of the Freedom of Information Act 2000 - ‘Offence of altering etc. records with intent to prevent disclosure’ - clearly states: “…any person to whom this subsection applies is guilty of an offence if he alters, defaces, blocks, erases, destroys or conceals any record held by the public authority, with the intention of preventing the disclosure by that authority of all, or any part, of the information to the communication of which the applicant would have been entitled.”

(B)Second, the supplied wording in Ruth Rooney’s alleged response does not make sense. I do not consent to receiving nonsensical, incomplete, and unnecessary information or representations within Freedom of Information responses. ’The Council’s Public Liability policy wording’ is a corporate fiction - a nonsense. For example, ‘The Council’s Public Liability policy wording’ can not have ‘consciousness’ only a living human being can have ‘consciousness’ and therefor choose to be silent or to speak. How can ‘The Council’s Public Liability policy wording’ have a mouth in order to speak or to be “currently silent in respect of harm caused by wireless radiation”? It can not as it is not a living human being and Ruth Rooney’s alleged response does not make sense and I ask you why has this been supplied to me?

C) Third, the EDUCATION AUTHORITY has confirmed in a series of FOI’s (2017 - 2019) that the EDUCATION AUTHORITY does not hold commercial Public Liability insurance in respect of grand aided schools. Such risk is self-insured including but not limited to any injuries, damages or adverse health effects directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation, non-ionising radiation emitting devices and equipment.  These FOI claims/requests used very similar wording as my FOI to the COUNCIL 5 September 2019. https://www.whatdotheyknow.com/request/w... FOI 2019, https://www.whatdotheyknow.com/request/5... FOI 2019, and Alberta Park, EDUATION AUTHORITY 28 September 2017.

Two body corporates created by statutory legislation and who exist only to offer public services- EDUCATION AUTHORITY and NEWRY, MOURNE AND DOWN DISTRICT COUNCIL- how then can the EDUCATION AUTHORITY have to “SELF INSURE” for risks including but not limited to any injuries, damages or adverse health effects directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation, non-ionising radiation emitting devices and equipment and the NEWRY, MOURNE AND DOWN DISTRICT COUNCIL potentially has a commercial Public Liability Insurance policies, providers and underwriters that include liability coverage for claims directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation, and non-ionising radiation.”?

So either the “COPIES of all commercial Public Liability Insurance policies, providers and underwriters held by NEWRY, MOURNE AND DOWN DISTRICT COUNCIL that include liability coverage for claims directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation, and non-ionising radiation.” -

-exist or they do NOT exist and if they do NOT exist then they can not be held by the COUNCIL. I demand that you fulfil your Duty to uphold the “right of access to information held by public authorities“ and “to confirm or deny” and either supply me with the COPIES of all commercial Public Liability Insurance policies, providers and underwriters held by NEWRY, MOURNE AND DOWN DISTRICT COUNCIL that include liability coverage for claims directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation, and non-ionising radiation. or confirm that the NEWRY, MOURNE AND DOWN DISTRICT COUNCIL does not hold such commercial Public Liability Insurance policies and coverage.

2. Copies of all “Pollution Liability” or “Policy Enhancement” in relation to the commercial Public Liability Insurance policies held by NEWRY, MOURNE AND DOWN DISTRICT COUNCIL.

Ruth Rooney’s alleged response: “2. Newry, Mourne and Down District Council holds no recorded information in relation to this part of your request.” 

I accept this response as it fulfils my claim for item 2 and as such, fulfils your duties under the Freedom of Information Act 2000.

3. A copy of the “Certificate of Indemnity” from Public Insurance provider and underwriters, confirming that any injuries, damages or adverse health effects directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation, non-ionising radiation emitting devices and equipment is covered by NEWRY, MOURNE AND DOWN DISTRICT COUNCIL’s commercial Public Liability insurance policy. Please include policy numbers.

Ruth Rooney’s alleged response: “3. Newry, Mourne and Down District Council holds no recorded information in relation to this part of your request as its insurance provider does not provide certificates of indemnity in respect of Public Liability insurance. The Council’s Public Liability policy wording is currently silent in respect of harm caused by wireless radiation.”

(A)First, Ruth Rooney has confirmed that NEWRY, MOURNE AND DOWN DISTRICT COUNCIL “holds no recorded information in relation to this part of your request as its insurance provider does not provide certificates of indemnity in respect of Public Liability insurance.”

I therefor require that you fulfil your Duty to to uphold the “right of access to information held by public authorities“ and “to confirm or deny” and confirm that the NEWRY, MOURNE AND DOWN DISTRICT COUNCIL does not hold a “Certificate of Indemnity”, BUT instead holds a COPY(s) of any other material evidence, documentation and/or proof from the NEWRY, MOURNE AND DOWN DISTRICT COUNCIL’s commercial Public Liability insurance provider and underwriters, confirming that any injuries, damages or adverse health effects directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation, non-ionising radiation emitting devices and equipment is covered by NEWRY, MOURNE AND DOWN DISTRICT COUNCIL’s commercial Public Liability insurance policy and includes there policy numbers.

Failure to supply a COPY(s) of any other material evidence, documentation and/or proof from the NEWRY, MOURNE AND DOWN DISTRICT COUNCIL’s commercial Public Liability insurance provider and underwriters, confirming that any injuries, damages or adverse health effects directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation, non-ionising radiation emitting devices and equipment is covered by NEWRY, MOURNE AND DOWN DISTRICT COUNCIL’s commercial Public Liability insurance policy.

- proves that such coverage does NOT exist. And if such coverage does NOT exist then it can not be held by the COUNCIL in a commercial Public Liability Insurance policy and must therefore, I demand that you fulfil your Duty to “confirm or deny” and to uphold the “right of access to information held by public authorities“

Section 77 of the Freedom of Information Act 2000 ‘Offence of altering etc. records with intent to prevent disclosure’ clearly states: “…any person to whom this subsection applies is guilty of an offence if he alters, defaces, blocks, erases, destroys or conceals any record held by the public authority, with the intention of preventing the disclosure by that authority of all, or any part, of the information to the communication of which the applicant would have been entitled.”

(B)Second, in light of Ruth Rooney’s response, I require that you fulfil your Duty to uphold the “right of access to information held by public authorities“ and “to confirm or deny” and you supply me with the material evidence and documentation from the NEWRY, MOURNE AND DOWN DISTRICT COUNCIL’S Insurance provider confirming that the “Newry, Mourne and Down District Council insurance provider does not provide certificates of indemnity in respect of Public Liability insurance.” as stated by Ruth Rooney.

(C)Third, the copied wording from Ruth Rooney’s does not make sense. I do not consent to receiving nonsensical, incomplete, and unnecessary information or representations within Freedom of Information responses. ’The Council’s Public Liability policy wording’ is a corporate fiction - a nonsense. For example, ‘The Council’s Public Liability policy wording’ can not have ‘consciousness’ only a living human being can have ‘consciousness’ and therefor choose to be silent or to speak. How can ‘The Council’s Public Liability policy wording’ have a mouth in order to speak or to be “currently silent in respect of harm caused by wireless radiation”? It can not as it is not a living human being and Ruth Rooney’s response does not make sense and I would ask you, why has it been supplied to me?

Marie Ward, acting as Chief Executive officer, you have the opportunity to cure by suppling the information outlined in item 1(A-C) and item 3(A-B) as claimed/request on the 5 September 2019 and in accordance to the Freedom of Information Act 2000 and the Environmental Information Regulations 2004.

The information requested/claimed in the 5 September 2019 FOI is of public interest. As the deployment of 5G technology is currently being considered by public servants holding a public office - i.e. the employees and councillors of the COUNCIL, I have the reasonable expectation to access to information held by the COUNCIL including but not limited to commercial Public Liability Insurance policies, providers and underwriters to certify that all parties potentially deploying 5G technologies, including NEWRY, MOURNE AND DOWN DISTRICT COUNCIL, have sufficient insurance cover to compensate for damage or harm caused by the emission of wireless non-ionizing electromagnetic radiation. The NEWRY, MOURNE AND DOWN DISTRICT COUNCIL exists for one purpose only - to give services to the public and has no other purpose. This is not a gift or altruistic service. A public service is paid for by the people through public money, such as rates.

Please note, I do not consent to receiving nonsensical, incomplete, unnecessary, incorrect or untruthful information or representations within Freedom of Information responses. 

I have the reasonable expectation that you Marie Ward acting as a public servant in the public office of Chief Executive Officer of NEWRY, MOURNE AND DOWN DISTRICT COUNCIL will honour and adhere to your position of Trust, the Seven Principles of public life, your Duty of Care, the laws, the statutory legislation, regulations, and protocols that govern public servants and all those who offer a public service.  The 7 principles of public life are:  Honesty; Openness; Leadership; Integrity; Accountability; Objectivity and Selflessness.  https://www.gov.uk/government/publicatio...

Please number your responses 1, 2 and 3 in there entirety. If you do not intend to provide this information for items 1-3 in there entirety, please write your reasons.

You have three (3) days from receipt of this notice to respond. This notice will be used in evidence. Implied admission by absence of response.

I do not consent to being referred to as “Sir/Madam”, “Ms Keane” or any other variant, my name is “Alisa Keane”. Thank you. 


Sincerely and without ill will, vexation or frivolity,

by Alisa Keane 

All rights reserved 



Cc: To All Whom It May Concern

Rooney, Ruth, Newry, Mourne and Down District Council

Dear Alisa Keane

 

Thank you for your email of 3 October 2019.

 

I confirm your additional queries will be processed under the Freedom of
Information Act 2000.  Accordingly, you will receive the information you
have requested within 20 working days of the date of receipt of your
request by the Council unless the Council does not hold the information or
there is a reason to withhold all or part of the information requested. 
Council will write to you in any event. 

 

I hope to respond to you no later than 31 October 2019.

 

In relation to question 1A, I would be grateful if you could confirm if
you are seeking a copy of the Public Liability Insurance Policy currently
held by Council.

 

For further information in relation to the Freedom of Information Act 2000
I would refer you to the Information Commissioner's Office website,
www.ico.org.uk.

 

If you wish to discuss the above please do not hesitate to contact me.

 

Kind regards

 

 

Ruth Rooney
Information Officer

Oifig Dhún Pádraig

Downpatrick Office

Downshire Civic Centre

Downshire Estate, Ardglass Road

Downpatrick BT30 6GQ

Council: 0300 013 2233

Planning: 0300 200 7830

Ext 2106

[1]www.newrymournedown.org

[2]www.facebook.com/nmdcouncil

[3]www.twitter.com/nmdcouncil

 

Save paper - think before you print!

 

This e-mail, its contents and any attachments are intended only for the
above named. As this e-mail may contain confidential or legally privileged
information, if you are not, or suspect that you are not, the above named,
or the person responsible for delivering the message to the above named,
delete or destroy the email and any attachments immediately. The contents
of this e-mail may not be disclosed to, nor used by, anyone other than the
above named. We will not accept any liability (in negligence or otherwise)
arising from any third party acting, or refraining from acting, on such
information. Opinions, conclusions and other information expressed in such
messages are not given or endorsed by the Council, unless otherwise
indicated in writing by an authorised representative independent of such
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attachment is virus free or has not been intercepted and amended. The
Council undertakes monitoring of both incoming and outgoing e-mails. You
should therefore be aware that if you send an e-mail to a person within
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this e-mail (or any response to it) under UK Data Protection and Freedom
of Information legislation, unless the information in it is covered by an
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References

Visible links
1. http://www.newrymournedown.org/
2. http://www.facebook.com/nmdcouncil
3. http://www.twitter.com/nmdcouncil

4 October 2019
Marie Ward
Doing business as Chief Executive Officer
Newry, Mourne and Down District Council
Newry Office - Monaghan Row Newry

Notice to the Principal is Notice to the Agent; Notice to the Agent is Notice to the Principal

5G, Wi-Fi, Wireless RF/EMF Radiation - NEWRY, MOURNE AND DOWN DISTRICT COUNCIL’S Commercial Public Liability Insurance Cover for this WHO’s 2B “Possible Human Carcinogen”

NOTICE OF CLARIFICATION

Freedom of Information Act 2000 & the Environmental Information Regulations 2004 


Dear Marie Ward,

I hereby give notice that you, Marie Ward, as the living woman and acting as Chief Executive Officer of the NEWRY, MOURNE AND DOWN DISTRICT COUNCIL, have failed to respond to my Freedom of Information Act 2000 Request (5 September 2019) and provide the claimed/requested information. 

You are now in breach of the Freedom of Information Act 2000 as outlined in Part I ‘Right to Information’ of the Act. My Freedom of Information claim/request’s twenty-day (20) day deadline ended on 3 October 2019.

The full content of the Freedom of Information Act 2000 is available at https://www.legislation.gov.uk/ukpga/200...

I have received correspondence from Ruth Rooney on 2 October 2019, acting as Information Officer, alleging to be a response to my 5 September 2019 FOI. Ruth Rooney has failed to provide me with the information I claimed/requested. I then sent you a NOTICE OF FAULT AND OPPORTUNITY TO CURE on the 3 October 2019 and received correspondence from Ruth Rooney again Ruth Rooney has failed to provide me with the information I claimed/requested in my 5 September 2019 FOI.

As you are aware, it is your duty, under the Freedom of Information Act 2000, to uphold the “right of access to information held by public authorities“ and “to confirm or deny”, as outlined in Part I ‘Right to Information’ Section I of the Act.

Therefore, Marie Ward, acting as Chief Executive Officer, you have the opportunity to cure by suppling the information as claimed/requested within the 5 September 2019 FOI and in accordance to the Freedom of Information Act 2000 and the Environmental Information Regulations 2004 and outlined below:


“1. Copies of all commercial Public Liability Insurance policies, providers and underwriters held by NEWRY, MOURNE AND DOWN DISTRICT COUNCIL that include liability coverage for claims directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation, and non-ionising radiation.”

I have NOT been supplied with my claimed/requested COPIES.

As you are aware, it is your duty, under the Freedom of Information Act 2000, to uphold the “right of access to information held by public authorities“ and to confirm or deny”, as outlined in Part I ‘Right to Information’ Section I of the Act.

So either the “COPIES of all commercial Public Liability Insurance policies, providers and underwriters held by NEWRY, MOURNE AND DOWN DISTRICT COUNCIL that include liability coverage for claims directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation, and non-ionising radiation.” exist or they do NOT exist.

And if the copies do NOT exist then they can not be held by the COUNCIL. I demand that you fulfil your Duty to uphold the “right of access to information held by public authorities“ and “to confirm or deny” and either supply me with the claimed copies or confirm that the NEWRY, MOURNE AND DOWN DISTRICT COUNCIL does not hold “Commercial Public Liability Insurance policies, providers and underwriters held by NEWRY, MOURNE AND DOWN DISTRICT COUNCIL that include liability coverage for claims directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation, and non-ionising radiation.”commercial Public Liability Insurance policies.”

Section 77 of the Freedom of Information Act 2000 - ‘Offence of altering etc. records with intent to prevent disclosure’ clearly states: “…any person to whom this subsection applies is guilty of an offence if he alters, defaces, blocks, erases, destroys or conceals any record held by the public authority, with the intention of preventing the disclosure by that authority of all, or any part, of the information to the communication of which the applicant would have been entitled.”

Be aware that the EDUCATION AUTHORITY has confirmed in a series of FOI’s (2017 - 2019) that the EDUCATION AUTHORITY does not hold commercial Public Liability insurance in respect of grand aided schools. Such risk is self-insured including but not limited to any injuries, damages or adverse health effects directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation, non-ionising radiation emitting devices and equipment.  These FOI claims/requests used very similar wording as my FOI to the COUNCIL 5 September 2019. https://www.whatdotheyknow.com/request/w... FOI 2019, https://www.whatdotheyknow.com/request/5... FOI 2019, and Alberta Park, EDUCATION AUTHORITY 28 September 2017.

Two body corporates created by statutory legislation and who exist only to offer public services- EDUCATION AUTHORITY and NEWRY, MOURNE AND DOWN DISTRICT COUNCIL- how then can the EDUCATION AUTHORITY have to “SELF INSURE” for risks including but not limited to any injuries, damages or adverse health effects directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation, non-ionising radiation emitting devices and equipment and the NEWRY, MOURNE AND DOWN DISTRICT COUNCIL potentially has a commercial Public Liability Insurance policies, providers and underwriters that include liability coverage for claims directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation, and non-ionising radiation.”? exist or they do NOT exist.

And if the claimed copies do NOT exist then they can not be held by the COUNCIL. I demand that you fulfil your Duty to uphold the “right of access to information held by public authorities“ and “to confirm or deny” and either supply me with the claimed copies or confirm that the NEWRY, MOURNE AND DOWN DISTRICT COUNCIL does not hold “Commercial Public Liability Insurance policies, providers and underwriters held by NEWRY, MOURNE AND DOWN DISTRICT COUNCIL that include liability coverage for claims directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation, and non-ionising radiation.”commercial Public Liability Insurance policies.”

Marie Ward, acting as Chief Executive officer, you have the opportunity to cure by suppling the information outlined as claimed/request on the 5 September 2019 and in accordance to the Freedom of Information Act 2000 and the Environmental Information Regulations 2004.

The information requested/claimed in the 5 September 2019 FOI is of public interest. As the deployment of 5G technology is being considered by public servants holding a public office - i.e. the employees and councillors of the COUNCIL, I have the reasonable expectation to access to information held by the COUNCIL including but not limited to commercial Public Liability Insurance policies, providers and underwriters to certify that all parties potentially deploying 5G technologies, including NEWRY, MOURNE AND DOWN DISTRICT COUNCIL have sufficient insurance cover to compensate for damage or harm caused by the emission of wireless non-ionizing electromagnetic radiation. The NEWRY, MOURNE AND DOWN DISTRICT COUNCIL exists for one purpose only - to give services to the public and has no other purpose. This is not a gift or altruistic service. A public service is paid for by the people through public money, such as rates.

Please note, I do not consent to receiving nonsensical, incomplete, unnecessary, incorrect or untruthful information or representations within Freedom of Information responses. 

I have the reasonable expectation that you Marie Ward acting as a public servant in the public office of Chief Executive Officer of NEWRY, MOURNE AND DOWN DISTRICT COUNCIL will honour and adhere to your position of Trust, the Seven Principles of public life, your Duty of Care, the laws, the statutory legislation, regulations, and protocols that govern public servants and all those who offer a public service.  The 7 principles of public life are:  Honesty; Openness; Leadership; Integrity; Accountability; Objectivity and Selflessness.  https://www.gov.uk/government/publicatio...

Please number your responses. If you do not intend to provide this information, please write your reasons.

You have three (3) days from receipt of this notice to respond. This notice will be used in evidence. Implied admission by absence of response.


Sincerely and without ill will, vexation or frivolity,

by Alisa Keane 

All rights reserved

Rooney, Ruth, Newry, Mourne and Down District Council

1 Atodiad

Dear Alisa Keane

Thank you for your email below. As an interim response, I attach a copy of Council's Liability Insurance Policy Wording.

I am continuing to process the remainder of your clarification questions received on 3 October 2019 and hope to issue a response to you no later than 31 October 2019.

If you wish to discuss the above or require clarification on any matter, please do not hesitate to contact me.

I trust this is of assistance. However, should you be unhappy with our response in this matter you may request an Internal Review of our response by 2 December 2019. You can contact Ms Edel Cosgrove, Head of Compliance ([email address]) in that regard.

In the event you are unhappy with the outcome of any Internal Review conducted by the Council you may apply to the Information Commissioner's Office (ICO) for a review of our response. Please note that the ICO generally expects Internal Reviews to be completed prior to reviewing the decisions of public bodies. For further information in relation to Freedom of Information I would direct you to the website of the Information Commissioner at: www.ico.org.uk.

Regards
Ruth

Ruth Rooney
Information Officer
Oifig Dhún Pádraig
Downpatrick Office
Downshire Civic Centre
Downshire Estate, Ardglass Road
Downpatrick BT30 6GQ
Council: 0300 013 2233
Planning: 0300 200 7830
Ext 2106

www.newrymournedown.org
www.facebook.com/nmdcouncil
www.twitter.com/nmdcouncil

Save paper - think before you print!

dangos adrannau a ddyfynnir

14 October 2019

NOTICE OF DEFAULT

Notice to the Principal is Notice to the Agent; Notice to the Agent is Notice to the Principal

5G, Wi-Fi, Wireless RF/EMF Radiation - NEWRY, MOURNE AND DOWN DISTRICT COUNCIL’S Commercial Public Liability Insurance Cover for this WHO’s 2B “Possible Human Carcinogen”

Freedom of Information Act 2000 & the Environmental Information Regulations 2004

To:
1. Marie Ward, acting as Chief Executive Officer of NEWRY, MOURNE AND DOWN DISTRICT COUNCIL and as the living woman.

2. Ruth Rooney, acting as Information Officer of NEWRY, MOURNE AND DOWN DISTRICT COUNCIL and as the living woman.
Hereinafter: Respondents.

From:
Alisa Keane, sui juris, a woman, hereby claiming all rights nunc pro tunc
Hereinafter: Claimant.

I hereby give notice that both Respondents- Marie Ward, acting as Chief Executive Officer and Ruth Rooney, acting as Information Officer both of NEWRY, MOURNE AND DOWN DISTRICT COUNCIL are now in DEFAULT , as having failed to “confirm or deny” my Freedom of Information Act 2000 Claim/Request (5 September 2019) for documents in item number one (1.) “Copies of all commercial Public Liability Insurance policies, providers and underwriters held by NEWRY, MOURNE AND DOWN DISTRICT COUNCIL that include liability coverage for claims directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation, and non-ionising radiation.” in accordance of the Freedom of Information Act 2000; 

and in DEFAULT of an opportunity to cure as lawfully offered in the NOTICE OF FAULT AND OPPORTUNITY TO CURE, sent to Respondent(s) on 3 October 2019 and NOTICE OF CLARIFICATION sent to Respondent(s) on the 4 October 2019;

It is your duty, under the Freedom of Information Act 2000, to uphold the “right of access to information held by public authorities“ and “to confirm or deny”, as outlined in Part I ‘Right to Information’ Section I of the Act.

In correction and clarification for the record, you and each of you were given the opportunity to:

1. To CONFIRM that NEWRY, MOURNE AND DOWN DISTRICT COUNCIL holds documents as claimed in item one “1. Copies of all commercial Public Liability Insurance policies, providers and underwriters held by NEWRY, MOURNE AND DOWN DISTRICT COUNCIL that include liability coverage for claims directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation, and non-ionising radiation.” and supply the said copy(ies).

2. To DENY that NEWRY, MOURNE AND DOWN DISTRICT COUNCIL holds documents as claimed in item one “1. Copies of all commercial Public Liability Insurance policies, providers and underwriters held by NEWRY, MOURNE AND DOWN DISTRICT COUNCIL that include liability coverage for claims directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation, and non-ionising radiation.”

Due to the Respondents failure to “confirm or deny” in accordance to the Freedom of Information Act, a NOTICE OF DEFAULT is hereby issued and notice is given of a breach of the Freedom of Information Act 2000.
In absence of such verified response, the Claimant does hereby insert and record this breach of the Freedom of Information Act 2000 and NOTICE OF DEFAULT, jointly and severally upon and against the above named Respondents.

The full content of the Freedom of Information Act 2000 is available at https://www.legislation.gov.uk/ukpga/200...

including, but not limited to Section 77 of the Freedom of Information Act 2000 - ‘Offence of altering etc. records with intent to prevent disclosure’ clearly states: “…any person to whom this subsection applies is guilty of an offence if he alters, defaces, blocks, erases, destroys or conceals any record held by the public authority, with the intention of preventing the disclosure by that authority of all, or any part, of the information to the communication of which the applicant would have been entitled.”

PLAIN STATEMENT OF FACT

1. On 5 September 2019, the Respondent(s) were sent ,NOTICE OF FREEDOM OF INFORMATION ACT 2000 Claim/Request including , documents as claimed/requested in item number one (1.) “Copies of all commercial Public Liability Insurance policies, providers and underwriters held by NEWRY, MOURNE AND DOWN DISTRICT COUNCIL that include liability coverage for claims directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation, and non-ionising radiation.” in accordance of the Freedom of Information Act 2000 and delivered by WhatDoTheyKnow.com .; 

2. On 2 October Respondent 2, Ruth Rooney, sent an alleged response to my 5 September 2019 FOI. This alleged response failed to “confirm or deny” my Freedom of Information Act 2000 Claim/Request (5 September 2019) item number one (1.) and instead supplied wording that I had not claimed/requested.

3. On 3 October 2019, the Respondent(s) were sent NOTICE OF FAULT AND OPPORTUNITY TO CURE giving the opportunity of the Respondents to cure by “to confirm or deny” and/or subsequently suppling access to the documents as claimed/requested in item 1 as on the 5 September 2019 and in accordance to the Freedom of Information Act 2000 and the Environmental Information Regulations 2004.

4. On 4 October 2019 Respondent 2, Ruth Rooney, sent an alleged response to my 5 September 2019 FOI. This alleged response failed to “confirm or deny” my Freedom of Information Act 2000 Claim/Request (5 September 2019) item number one (1.) and instead supplied wording that I had not claimed/requested.

5. On 4 October 2019, the Respondent(s) were sent NOTICE OF CLARIFICATION giving the opportunity of the Respondents to cure by “to confirm or deny” and/or subsequently suppling access to the documents as claimed/requested in item 1 as on the 5 September 2019 and in accordance to the Freedom of Information Act 2000 and the Environmental Information Regulations 2004.

6. On 7 October 2019 Respondent 2, Ruth Rooney, sent an alleged response to my 5 September 2019 FOI. This alleged response failed to “confirm or deny” my Freedom of Information Act 2000 Claim/Request item number one (1.) . Instead I was supplied without my consent ‘Policy Wording’ that I DID NOT CLAIM/REQUEST in my 5 September 2019 FOI.

7. On 14 October 2019 due to the Respondents failure to “confirm or deny” in accordance to the Freedom of Information Act, a NOTICE OF DEFAULT is hereby issued and notice is given of a breach of the Freedom of Information Act 2000 in relation to my claim/request of documents in item one (1) of my 5 September 2019 FOI.

The documents requested/claimed in the 5 September 2019 FOI is of public interest. As the deployment of 5G technology and other wireless technology such as WiFI is being considered by public servants holding a public office - i.e. the employees and councillors of the COUNCIL, I have the reasonable expectation to access to information held by the COUNCIL including but not limited to commercial Public Liability Insurance policies, providers and underwriters to certify that all parties potentially deploying 5G technologies and wireless technologies that emit wireless non ionising electromagnetic RF radiation, including the NEWRY, MOURNE AND DOWN DISTRICT COUNCIL have sufficient insurance cover to compensate for damage or harm caused by the emission of wireless non-ionizing electromagnetic radiation.

The NEWRY, MOURNE AND DOWN DISTRICT COUNCIL exists for one purpose only - to give services to the public and has no other purpose. This is not a gift or altruistic service. A public service is paid for by the people through public money, such as rates.

Please note, I do not consent to receiving nonsensical, incomplete, unnecessary, incorrect or untruthful information or representations within Freedom of Information responses. 

I have the reasonable expectation that you Marie Ward acting as a public servant in the public office of Chief Executive Officer and Ruth Rooney, acting as Information Officer both of NEWRY, MOURNE AND DOWN DISTRICT COUNCIL will honour and adhere to your positions of Trust, the Seven Principles of public life, your Duty of Care, the laws, the statutory legislation, regulations, and protocols that govern public servants and all those who offer a public service.  The 7 principles of public life are:  Honesty; Openness; Leadership; Integrity; Accountability; Objectivity and Selflessness.  https://www.gov.uk/government/publicatio...

If you do not intend to to confirm or deny” and/or subsequently suppling access to the documents claimed/requested in item 1 of my 5 September 2019 FOI, please write your reasons. Implied admission by absence of response. This notice will be used in evidence.
If your failure to “confirm or deny” was an error or oversight. You have three (3) days from receipt of this notice.

Actions shall be taken in accordance to the procedures, jurisdictions, and penalties thereof set forth in the the laws, the statutory legislation, regulations.

NOTICE TO RESPONDENTS: It is not my intention to harass, intimidate, offend, conspire, blackmail, coerce or cause anxiety, alarm or distress this document is presented with honourable and peaceful intentions and are expressly for your benefit to provide you with Due Process regarding a verified Claim.


Sincerely and without ill will, vexation or frivolity,

by Alisa Keane 

All rights reserved 


Cc: To All Whom It May Concern

Rooney, Ruth, Newry, Mourne and Down District Council

Dear Alisa Keane

 

I acknowledge receipt of your email of 14 October 2019 seeking further
clarification.

 

I hope to issue a response to you as soon as practicable but no later than
11 November 2019.

 

Please do not hesitate to contact me should you wish to discuss further.

 

Kind regards

 

 

Ruth Rooney
Information Officer

Oifig Dhún Pádraig

Downpatrick Office

Downshire Civic Centre

Downshire Estate, Ardglass Road

Downpatrick BT30 6GQ

Council: 0300 013 2233

Planning: 0300 200 7830

Ext 2106

[1]www.newrymournedown.org

[2]www.facebook.com/nmdcouncil

[3]www.twitter.com/nmdcouncil

 

Save paper - think before you print!

 

This e-mail, its contents and any attachments are intended only for the
above named. As this e-mail may contain confidential or legally privileged
information, if you are not, or suspect that you are not, the above named,
or the person responsible for delivering the message to the above named,
delete or destroy the email and any attachments immediately. The contents
of this e-mail may not be disclosed to, nor used by, anyone other than the
above named. We will not accept any liability (in negligence or otherwise)
arising from any third party acting, or refraining from acting, on such
information. Opinions, conclusions and other information expressed in such
messages are not given or endorsed by the Council, unless otherwise
indicated in writing by an authorised representative independent of such
messages. Please note that we cannot guarantee that this message or any
attachment is virus free or has not been intercepted and amended. The
Council undertakes monitoring of both incoming and outgoing e-mails. You
should therefore be aware that if you send an e-mail to a person within
the Council it may be subject to any monitoring deemed necessary by the
organisation. As a public body, the Council may be required to disclose
this e-mail (or any response to it) under UK Data Protection and Freedom
of Information legislation, unless the information in it is covered by an
exemption.

References

Visible links
1. http://www.newrymournedown.org/
2. http://www.facebook.com/nmdcouncil
3. http://www.twitter.com/nmdcouncil

19 October 2019

NOTICE OF DEFAULT

Notice to the Principal is Notice to the Agent; Notice to the Agent is Notice to the Principal

5G, Wi-Fi, Wireless RF/EMF Radiation - NEWRY, MOURNE AND DOWN DISTRICT COUNCIL’S Commercial Public Liability Insurance Cover for this WHO’s 2B “Possible Human Carcinogen”

Freedom of Information Act 2000 & the Environmental Information Regulations 2004 

To:
1. Liam Hannaway, acting as Chief Executive Officer of NEWRY, MOURNE AND DOWN DISTRICT COUNCIL and as the living man.

1. Marie Ward, acting as Chief Executive Officer, Designate of NEWRY, MOURNE AND DOWN DISTRICT COUNCIL and as the living woman.

2. Ruth Rooney, acting as Information Officer of NEWRY, MOURNE AND DOWN DISTRICT COUNCIL and as the living woman.
Hereinafter: Respondents.

From:
Alisa Keane, sui juris, a woman, hereby claiming all rights nunc pro tunc
Hereinafter: Claimant.

I hereby give notice that the respondents- Liam Hannaway, Marie Ward, and Ruth Rooney all of NEWRY, MOURNE AND DOWN DISTRICT COUNCIL are now in DEFAULT , as having failed to “confirm or deny” my Freedom of Information Act 2000 Claim/Request (5 September 2019) for documents in item number one (1.) “Copies of all commercial Public Liability Insurance policies, providers and underwriters held by NEWRY, MOURNE AND DOWN DISTRICT COUNCIL that include liability coverage for claims directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation, and non-ionising radiation.” in accordance of the Freedom of Information Act 2000; 

and in DEFAULT of an opportunity to cure as lawfully offered in the NOTICE OF FAULT AND OPPORTUNITY TO CURE, sent to Respondent(s) on 3 October 2019 and NOTICE OF CLARIFICATION sent to Respondent(s) on the 4 October 2019.

I have the reasonable expectation that you Liam Hannaway, Marie Ward and Ruth Rooney all acting as a public servants in the public office of Chief Executive Officer, Chief Executive Officer Designate and Information Officer both of NEWRY, MOURNE AND DOWN DISTRICT COUNCIL will honour and adhere to your positions of Trust, the Seven Principles of public life, your Duty of Care, the laws, the statutory legislation, regulations, and protocols that govern public servants and all those who offer a public service.  The 7 principles of public life are:  Honesty; Openness; Leadership; Integrity; Accountability; Objectivity and Selflessness.  https://www.gov.uk/government/publicatio...
It is all of your duty, under the Freedom of Information Act 2000, to uphold the “right of access to information held by public authorities“ and “to confirm or deny”, as outlined in Part I ‘Right to Information’ Section I of the Act.

In correction and clarification for the record, you and each of you were given the opportunity to:

1. To CONFIRM that NEWRY, MOURNE AND DOWN DISTRICT COUNCIL holds documents as claimed in item one “1. Copies of all commercial Public Liability Insurance policies, providers and underwriters held by NEWRY, MOURNE AND DOWN DISTRICT COUNCIL that include liability coverage for claims directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation, and non-ionising radiation.” and supply the said copy(ies).

2. To DENY that NEWRY, MOURNE AND DOWN DISTRICT COUNCIL holds documents as claimed in item one “1. Copies of all commercial Public Liability Insurance policies, providers and underwriters held by NEWRY, MOURNE AND DOWN DISTRICT COUNCIL that include liability coverage for claims directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation, and non-ionising radiation.”

Due to the Respondents failure to “confirm or deny” in accordance to the Freedom of Information Act, a NOTICE OF DEFAULT is hereby issued and notice is given of a breach of the Freedom of Information Act 2000.
In absence of such verified response, the Claimant does hereby insert and record this breach of the Freedom of Information Act 2000 and NOTICE OF DEFAULT, jointly and severally upon and against the above named Respondents.

The full content of the Freedom of Information Act 2000 is available at https://www.legislation.gov.uk/ukpga/200...

including, but not limited to Section 77 of the Freedom of Information Act 2000 - ‘Offence of altering etc. records with intent to prevent disclosure’ clearly states: “…any person to whom this subsection applies is guilty of an offence if he alters, defaces, blocks, erases, destroys or conceals any record held by the public authority, with the intention of preventing the disclosure by that authority of all, or any part, of the information to the communication of which the applicant would have been entitled.”


PLAIN STATEMENT OF FACT

1. On 5 September 2019, the Respondent(s) were sent ,NOTICE OF FREEDOM OF INFORMATION ACT 2000 Claim/Request including , documents as claimed/requested in item number one (1.) “Copies of all commercial Public Liability Insurance policies, providers and underwriters held by NEWRY, MOURNE AND DOWN DISTRICT COUNCIL that include liability coverage for claims directly or indirectly arising out of, resulting from or contributed to by electromagnetic fields, electromagnetic radiation, electromagnetism, radio waves or noise, wireless RF radiation, microwave radiation, and non-ionising radiation.” in accordance of the Freedom of Information Act 2000 and delivered by WhatDoTheyKnow.com .; 

2. On 2 October Respondent 2, Ruth Rooney, sent an alleged response to my 5 September 2019 FOI. This alleged response failed to “confirm or deny” my Freedom of Information Act 2000 Claim/Request (5 September 2019) item number one (1.) and instead supplied wording that I had not claimed/requested.

3. On 3 October 2019, the Respondent(s) were sent NOTICE OF FAULT AND OPPORTUNITY TO CURE giving the opportunity of the Respondents to cure by “to confirm or deny” and/or subsequently suppling access to the documents as claimed/requested in item 1 as on the 5 September 2019 and in accordance to the Freedom of Information Act 2000 and the Environmental Information Regulations 2004.

4. On 4 October 2019 Respondent 2, Ruth Rooney, sent an alleged response to my 5 September 2019 FOI. This alleged response failed to “confirm or deny” my Freedom of Information Act 2000 Claim/Request (5 September 2019) item number one (1.) and instead supplied wording that I had not claimed/requested.

5. On 4 October 2019, the Respondent(s) were sent NOTICE OF CLARIFICATION giving the opportunity of the Respondents to cure by “to confirm or deny” and/or subsequently suppling access to the documents as claimed/requested in item 1 as on the 5 September 2019 and in accordance to the Freedom of Information Act 2000 and the Environmental Information Regulations 2004.

6. On 7 October 2019 Respondent 2, Ruth Rooney, sent an alleged response to my 5 September 2019 FOI. This alleged response failed to “confirm or deny” my Freedom of Information Act 2000 Claim/Request item number one (1.) . Instead I was supplied without my consent ‘Policy Wording’ that I DID NOT CLAIM/REQUEST in my 5 September 2019 FOI.

7. On 14 October 2019 due to the Respondents failure to “confirm or deny” in accordance to the Freedom of Information Act, a NOTICE OF DEFAULT is hereby issued and notice is given of a breach of the Freedom of Information Act 2000 in relation to my claim/request of documents in item one (1) of my 5 September 2019 FOI.

The documents requested/claimed in the 5 September 2019 FOI is of public interest. As the deployment of 5G technology and other wireless technology such as WiFI is being considered by public servants holding a public office - i.e. the employees and councillors of the COUNCIL, I have the reasonable expectation to access to information held by the COUNCIL including but not limited to commercial Public Liability Insurance policies, providers and underwriters to certify that all parties potentially deploying 5G technologies and wireless technologies that emit wireless non ionising electromagnetic RF radiation, including the NEWRY, MOURNE AND DOWN DISTRICT COUNCIL have sufficient insurance cover to compensate for damage or harm caused by the emission of wireless non-ionizing electromagnetic radiation.

The NEWRY, MOURNE AND DOWN DISTRICT COUNCIL exists for one purpose only - to give services to the public and has no other purpose. This is not a gift or altruistic service. A public service is paid for by the people through public money, such as rates.

Please note, I do not consent to receiving nonsensical, incomplete, unnecessary, incorrect or untruthful information or representations within Freedom of Information responses. 

If you do not intend to to “confirm or deny” and/or subsequently suppling access to the documents claimed/requested in item 1 of my 5 September 2019 FOI, please write your reasons. Implied admission by absence of response which “confirms or denies” its 1. This notice will be used in evidence.
Actions shall be taken in accordance to the procedures, jurisdictions, and penalties thereof set forth in the the laws, the statutory legislation, regulations.

NOTICE TO RESPONDENTS: It is not my intention to harass, intimidate, offend, conspire, blackmail, coerce or cause anxiety, alarm or distress this Document is presented with honourable and peaceful intentions and are expressly for your benefit to provide you with Due Process regarding a verified Claim.


Sincerely and without ill will, vexation or frivolity,

by Alisa Keane 

All rights reserved 



Cc: To All Whom It May Concern

Rooney, Ruth, Newry, Mourne and Down District Council

Dear Alisa Keane

 

I refer to the above and write further to my email of 15 October 2019.

 

In relation to your request for information dated 3 October 2019, I
confirm that Newry, Mourne and Down District Council holds the following
recorded information falling within the scope of your request:

 

 a. The Council’s Public Liability policy wording is currently silent in
respect of harm caused by wireless radiation;
 b. Council’s Public Liability insurance policy number is RSL 1035; and
 c. Council’s Liability Insurance Policy Wording (provided to you on 7
October 2019).

 

The Council holds no further recorded information falling within the scope
of your request.

 

Where a request under the Freedom of Information Act 2000 would mean that
an authority would be creating new information or giving an opinion or
judgement that is not already recorded this would fall outside the scope
of a request under the Freedom of Information Act 2000.  Further
information on how to access information from a public authority is
available on the Information Commissioner’s Office website which can be
accessed via the following link:
 [1]https://ico.org.uk/your-data-matters/off...

 

Your emails of 14 October 2019 and 19 October 2019 headed ‘notice of
default’ do not appear to contain a request for information. If you are
seeking information within either email, I would be grateful if you could
clarify the information being sought. The Information Commissioner’s
Office provides information on how to access information from a public
authority which is accessible via the link provided above.

 

If you wish to discuss the above or require clarification on any matter,
please do not hesitate to contact me.

 

I trust this is of assistance.  However, should you be unhappy with our
response in this matter you may request an Internal Review of our response
by 16 December 2019. You can contact Ms Edel Cosgrove, Head of Compliance
([email address]) in that regard.

In the event you are unhappy with the outcome of any Internal Review
conducted by the Council you may apply to the Information Commissioner's
Office (ICO) for a review of our response. Please note that the ICO
generally expects Internal Reviews to be completed prior to reviewing the
decisions of public bodies.  For further information in relation to
Freedom of Information I would direct you to the website of the
Information Commissioner at: [2]www.ico.org.uk.

 

Kind regards

 

 

Ruth Rooney
Information Officer

Oifig Dhún Pádraig

Downpatrick Office

Downshire Civic Centre

Downshire Estate, Ardglass Road

Downpatrick BT30 6GQ

Council: 0300 013 2233

Planning: 0300 200 7830

Ext 2106

[3]www.newrymournedown.org

[4]www.facebook.com/nmdcouncil

[5]www.twitter.com/nmdcouncil

 

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References

Visible links
1. https://ico.org.uk/your-data-matters/off...
2. http://www.ico.gov.uk/
3. http://www.newrymournedown.org/
4. http://www.facebook.com/nmdcouncil
5. http://www.twitter.com/nmdcouncil