60 Questions with regard to the census 2011

Mr Jackson made this Rhyddid Gwybodaeth request to UK Statistics Authority

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 llwyddiannus.

Dear UK Statistics Authority,

Under the freedom of information act please can you give me information with regard to the following. (Please work as far as you can get upto the fee limitations) [Please also give me a breakdown as to how you work out your costs for completing this request]

1. What law requires me to complete the census?

2. From where does the Office for National Statistics derive the lawful authority to demand private information?

3. Is there a limit to invasion of privacy?

4. Is the Office for National Statistics lawfully authorised to demand Private property?

5. How can we lawfully be penalised for failure to provide information?

6. By what authority does the Census collector threaten penalties for failure to provide personal information?

7. Are there any circumstances whereby security agencies may access census information as suggested by section 39, subsection 4 of the Statistics and Registration Service Act 2007?

8. Since Census data is being requested under pain of law enforcement and threat of financial hardship, are people able to decline answering, so as not to risk incriminating themselves, as authorised, for example, by the Data Protection Act?

9. Because government search and seizure of private information is prohibited without a court warrant based on probable cause, current Census policies violate that right do they not?

10. As the public have not been consulted on the Census, please explain how this demand for private information is ‘Democratic’.

11. Please confirm or deny that any demand through correspondence such as the census form sent to “The Occupier” has any basis for legal status or legitimacy.

12. The Census form states “The householder is responsible for ensuring that this questionnaire is completed and returned" – please provide details of the legal definition upon which the ONS depends in defining “the householder”

13. Does the Census refer to the “sentient, physical, human being” or the “Legal Fiction/Person” as identified by Birth Certificates, Passports, and other legal documents which have no legal bearing on the sentient, physical, human being?
14. Does the Office for National Statistics expect the sentient human being to complete this Census on behalf of the human being themselves or on behalf of the various paper documents, known as the Legal Fiction/Person, which they represent?
15. Please provide proof of claim that I am a member of the society whose statutes and subsisting regulations you are enforcing.
16. Please provide proof of claim that there is a nameable society that I belong to and that the laws covered within any alleged transgressions state that they apply to me within that named society.
17. Please confirm or deny that the census data will not be used directly or indirectly for the service of shareholders in any of the corporations involved in the running of Government Services.
18. Please confirm or deny that the provided information will be used to form profit-making strategies and policies that will affect wellbeing?
19. Since every government database has been hacked, leaked, lost or compromised in some fashion, how exactly can the Office for National Statistics claim data security and protection of the information with any confidence?
20. Does the Office for National Statistics take full responsibility for any mishandled or miss-processed data, or loss of data, or unauthorised accessing of that data by 3rd parties?
21. How would the Office for National Statistics locate, protect and compensate those individuals whose data becomes compromised?
22. What evidence do you have that I am a United Kingdom Resident?
23. Please confirm or deny that the spiralling cost estimate of almost £500million spent at a time of national austerity is considered by the ONS to be wholly justifiable and appropriate.
24. Please confirm or deny that the expenditure of £4.5million of tax-payers money in order to “advertise” the census is wholly appropriate and necessary at a time of national austerity.
25. Please confirm or deny that the Cabinet minister responsible for the census, Francis Maude, more or less admits that this census is unnecessary in this day and age and that the census is going ahead despite the government’s tacit admittance that it is a waste of money and time.
26. Please confirm or deny that the ONS spent nearly £70,000 on reviewing whether the census form should include a “tick box” for those of Kashmiri ethnicity and that such a tick box was rejected due to “little interest” and that the resulting expenditure constitutes a complete waste of tax-payers money.
27. Please confirm or deny that the ONS is spending in the region of £25,000 per week or approximately £9.5million over a ten month period on community advisors to “encourage” participation in the census and please confirm or deny that the ONS considers that this constitutes a wholly justifiable and appropriate expenditure of tax-payers money.
28. Please confirm or deny that the ONS are, through these advisors, hoping to encourage participation in the census through dialogue with members of community and representative organisations in order to “engage” the communities represented by those organisations and that the encouragement through engagement is unnecessary as the ONS claims that participation in the census is mandatory and that a response is “required by law” and please also confirm or deny that in engaging communities in this fashion that the ONS are guilty of discrimination against communities who do not have such “representative organisations” through which to engage.
29. Please confirm or deny that the census data will be handled by an American Arms Manufacturer Lockheed Martin.
30. Please confirm or deny that Lockheed Martin have in the past been charged with illegally spying on UK citizens.
31. Please confirm or deny that Lockheed Martin works with the CIA and FBI and that they have a lengthy record of crimes against humanity.
32. Please confirm or deny that while it may be illegal for UK intelligence agencies to spy on the population without a warrant that it is not illegal for US intelligence services to spy on the UK population with such a warrant.
33. Given their track record for such actions please confirm or deny that Lockheed Martin have not in the case of the census consultancy paid bribes to individuals in order to secure the contract.
34. It is suggested that Lockheed Martin have no moral fibre, social conscience or scruples and it is further suggested that they are one of the most disreputable companies in the world – please confirm or deny this.
35. It is suggested that thousands of law suits have been filed against Lockheed Martin for everything from racial discrimination to fraud. If this were the case, it would prevent them from fulfilling their contract with the ONS – Please confirm or deny this.
36. It is reported that Lockheed Martin have “lobbied” for the illegal war in Iraq and that they have been the main arms suppliers to the wars in Afghanistan, Iraq and Palestine thus making them responsible for the deaths of millions of human beings – Please confirm or deny this.
37. Please confirm or deny that personal details collected in your census will be processed in a plant run by an American firm, staff of which were prosecuted for stealing student loan records of US President Obama.
38. In a news report published by the Mail on Sunday shows that the company UK Data Capture Limited named as the sub-contractor in charge of processing census information is jointly owned by the examination board Edexcel and US-owned firm Vangent which are both regarded as having “patchy” records for data handling – Please confirm or deny this.
39. Please confirm or deny that Edexcel was criticised by in 2002 by then Prime Minister Blair for a series of errors when he described the company as “sloppy” and “unacceptable”.
40. Please confirm or deny that the Office for National Statistics considers these companies as acceptable agents for the handling of private statistical information of the British people.
41. Please confirm or deny that the personal data collected by your census will not be sold, given, loaned or in any other way disseminated to companies offering online “directory” services such as 192.com or hard copy based directory services such as Yellow Pages or Thomson Local or any similar or associated organisations.
42. Please confirm or deny that all U.S. companies are subject to the Patriot Act which allows the U.S. Government full access to any data in that company’s possession.
43. It is claimed that only staff who work for the ONS will have access to the “full census dataset”; please confirm or deny that it would not be possible for several members of ONS staff (each having access to separate datasets) might not collude in order to collect together a full dataset of information in contravention to the security measures supposedly put in place.
44. In a Press Briefing dated 14 January 2011 it is stated that “additional contractual and operation safeguards” have been put in place to address concerns about the possibility of the US Patriot Act being used by US intelligence services to gain access to data – please list these contractual and operational safeguards.
45. In a Press Briefing dated 14 January 2011 it is stated that only UK/EU owned companies will have access to personal census data – please confirm or deny that there may be UK/EU companies that are subsidiaries of US corporations that may circumnavigate the assurances provided by the Office for National Statistics and the contract between Lockheed Martin UK and so allow access to personal census data under the US Patriot Act.
46. In a Press Briefing dated 14 January 2011 it is stated that independent checks by an “accredited UK security consultancy” of both physical and electronic security are carried out for ONS – please provide;
a) the name of the accredited UK security consultancy;
b) provide references that confirm their accreditation as well as;
c) details of the body with whom they are accredited.
47. In a Press Briefing dated 14 January 2011 it is stated that 1,500 jobs have been “created” by the award of the contract to Lockheed Martin UK. Please provide details of;
a) how many of these jobs will exist on completion of the contract;
b) what percentage of these jobs have been given to the long-term unemployed;
c) what percentage of these jobs have been given to disabled people and,
d) what percentage of these jobs are given to other than UK citizens and,
e) what checks were made to ensure that they have the right to work in the UK (e.g. a Passport, a Visa or work permit for non-nationals).
48. In a Press Briefing dated 14 January 2011 it is stated that 1,500 jobs have been “created” by the award of the contract to Lockheed Martin UK. Please provide details of;
a) the training that has been provided to these 1,500 new employees to ensure that security measures are understood and met;
b) the rights that employees have to request time off for study or training, i.e. ‘time to train’;
49. In a Press Briefing dated 14 January 2011 it is stated “the contract has created around 1,500 jobs in the UK”. Please provide details of:
a) what background checks have been carried out to ensure compliance with rules governing “security related jobs”;
b) details of the equal opportunities policies pertaining to the pre-employment checks as required by Employment law;
c) details of the rights and benefits of those being employed for the duration of the contract; and
d) the details of any severance package applicable to those staff who will lose their job at the end of the contract;
e) the rights offered to staff under the “flexible working rule”;
f) if flexible working includes the provision to “work from home”, what additional safeguards are in place to ensure the integrity and security of the personal census data under such circumstances;
g) the benefits offered to staff for maternity and paternity leave during the course of the contract;
h) confirmation or denial that the ONS conform to the “working time limit” requirements under Employment Law;
i) confirm under what conditions a contract of employment may be changed;
i. agreement between the ONS and the employee,
ii. collective agreement, or
iii. by implication.
50. In a Press Briefing dated 14 January 2011 it is stated that the contract was awarded by ONS to Lockheed Martin UK as it “offered the best value for money” in an “open procurement scheme” carried out “under European Law”. Please provide,
a) details of how Lockheed Martin UK offered the best value for money by providing a table of the results of the tendering process;
b) details of the open procurement scheme used and,
c) the European Law under which the procurement scheme was carried out.
51. In a Press Briefing dated 14 January 2011 it is stated that a “number of specialist companies” are being used by ONS to “provide specific services for the census”. Please provide;
a) details of the specialist companies being used and
b) the specific services being offered by those companies.
52. In a Press Briefing dated 14 January 2011 it is stated “the contract has created around 1,500 jobs in the UK”. Please provide the following;
a) which agency was used for the criminal records checks (CRB) on each of these staff;
b) the net cost per CRB check per head;
c) the registration number that the ONS has with the Criminal Records Bureau.
53. In a Press Briefing dated 14 January 2011 it is stated “the contract has created around 1,500 jobs in the UK”. Please state how the data protection issues of these staff and their “secure employment records” are to be stored in compliance with the principles of the Data Protection Act 1998.
54. Please confirm or deny that the Statistics and Registration Service Act 2007 section 39 subsection 4 would allow disclosure of personal information to any and/or all of the following:
a) The 56 geographical and 8 non-geographical UK Police Forces and in particular the Devon and Cornwall Police who are currently owned by the corporation known as International Business Machines (IBM).
b) The three UK Intelligence Agencies (MI5, MI6 and GCHQ).
c) The Department for Work and Pensions.
d) Private investigator working for the Department for Work and Pensions to hunt down alleged benefits cheats?
e) Her Majesty’s Revenue and Customs tax investigators.
f) “Approved” Insurance Industry “anti-fraud” investigators / private investigators.
g) The Home Office Borders and Immigration Agency.
h) The Serious Organised Crime Agency (either for domestic investigations into Serious Crimes, or for these and also for minor investigations if requested by a Foreign Law Enforcement agency under Mutual Legal Assistance treaties).
i) Lawyers in civil Court Cases e.g. for Divorce or Libel or Copyright Infringement etc.
j) Local Authority Trading Standards departments.
k) Local Authority Environmental Health departments.

55. In relation to the notice on the front of the Household Questionnaire which reads “Your personal information is protected by law”. Please provide details of which laws apply to the protection of personal information.
56. With reference to the further notice on the front of the Household Questionnaire which reads “Census information is kept confidential for 100 years”. Please confirm the method by which the paper forms will be handled following the capture of the information into electronic form;
a. If the paper is to be stored, please confirm under what circumstances storage will be carried out;
b. If the paper is to be recycled, please confirm under what circumstances recycling will be carried out;
c. Confirm or deny whether the physical form will be kept as secure as you say the ONS intends to keep the electronic data.
57. Please confirm or deny that the census form constitutes a contract.
58. With reference to the claim “Census information is kept confidential for 100 years": - As this would mean that when we send these sealed forms back to the address, they are securely stored, and will remain unexamined by anyone for 100 years, is this offer to contract not fraudulent, and therefore null and void?
59. Given that individuals have been criminalised under UK Terrorism legislation for causing information to be brought together by being accused that in compiling such information (even if it be in the public domain) they are assisting potential terrorists - please confirm or deny that by providing information via the census form, I will not be providing information to a foreign power who might have access to that data and so gain an advantage over this Sovereign nation.
60. As it is an offence to interact with a terrorist group, please confirm or deny that Lockheed Martin fits the Government’s interpretation of a terrorist group.
61. Please confirm or deny that I would be committing an offence of Treason if I were to willingly furnish a Foreign power with such information, and in English law please confirm or deny that that it is acceptable, if not our duty, to commit a lesser offence, in order to prevent a greater offence.

Yours faithfully,

Mr Jackson

Dear UK Statistics Authority,

I'm still awaiting an acknowledgement of my request.

Yours faithfully,

Mr Jackson

Dear UK Statistics Authority,

Just to note that by law you should have responded promptly to my request and by the 12 october 2011.
I want you to answer each question in order upto the budget allowed for freedom of information requests.

Yours faithfully,

Mr Jackson

Gadawodd Sarah Jones anodiad ()

This sort of request is a misuse of the FOI legislation to my mind - it is not asking for 'documents' (in the widest sense) but is just trying to make political points (and at painful length !). Precisely the sort of thing that will be cited in any attempt to repeal the legislation.

Paul Wearn, UK Statistics Authority

Our Reference: FOI01275/Jackson/QE1
Dear Mr Jackson,

Thank you for your email of 14 September 2011 in which you have sought a
large amount of information relating to the 2011 Census under the terms of
the Freedom of Information Act.

As there are so many questions I have combined some answers and these are
referenced to the question numbers in your email where they are relevant
to the census.

1), 2), 4), 9) The legislation requiring compliance with the 2011 Census
is the Census Act 1920, the Census (England and Wales) Order, 2009, the
Census (England) Regulations 2010 and the Census (Wales) Regulations 2010.

3) The inclusion of all questions is fully compliant with international
and domestic privacy and human rights legislation. Both domestic and
European courts have ruled that the legal requirement to comply with the
provisions of a mandatory census is also fully complaint with principles
of the European Convention on Human Rights and the Human Rights Act.
ONS has carried out a privacy impact assessment which is available online
at
[1]http://www.ons.gov.uk/census/2011-census...

5) 6) It is a criminal offence under the provisions of section 8(1) of the
Act for a prescribed person to fail or refuse to make a return, the
maximum penalty for which, on summary conviction, is currently £1,000.
 This is statute law. More information is available on the website:-
[2]http://www.ons.gov.uk/census/2011-census...

7) 54) Section 39 of the Statistics and Registration Service Act allows
disclosure of personal census information in some circumstances, but the
key point to note is that the Act does not require this to happen.  The UK
Statistics Authority has no lawful authority of its own to disclose
personal confidential information for non statistical purposes. There is
no legal obligation to provide access to a personal census record, and,
indeed, ONS maintains a strict policy of refusing requests to disclose
such data. The UK Statistics Authority’s policy, and ONS practice, has
been, and remains, that:

(a) the UK Statistics Authority, the ONS and the National Statistician
will never volunteer to disclose personal information for any
non-statistical purpose;

(b) if disclosure is sought, the UK Statistics Authority and the National
Statistician will always refuse to allow it, and will contest the case to
the maximum extent possible under the law, using each stage of appeal in
the Courts if necessary, in order to ensure personal and statistical
confidentiality; and will do so in an open, public and transparent manner,
to the extent permitted under the law; and

(c) those seeking disclosure will be directed to non-statistical
administrative sources as viable alternatives to statistical information.
This policy applies to each of the agencies to which you particularly
referred in your email. It is referenced on the UK Statistics Authority
website at

[3]http://www.statisticsauthority.gov.uk/re...

No such disclosures of personal census information have been made under
the Statistics and Registration Service Act.

8) There are no provisions in the Data Protection Act which would provide
a lawful exemption to any person required to make a census return.

·        For households, the prescribed person is generally the
householder or joint householder, but any household member aged 16 or over
may elect to make an individual return, in which case he or she also
becomes a prescribed person.

·        The Census Act 1920, as amended by the Statistics and
Registration Service Act 2007 puts the statutory responsibility for
conducting the census on the UK Statistics Authority, of which ONS is the
executive office.

10) The questions that are included in the 2011 Census were approved by
Parliament after extensive public consultation, testing and public
acceptability evaluation. The White Paper ‘Helping to shape tomorrow’
published in December 2008 describes the programme of consultation and
question testing and the reasons why each question has been included in
the Census.
[4]http://www.ons.gov.uk/census/2011-census...

The questions were then set out in the Census (England and Wales) Order
2009, which was debated and approved by Parliament. A facsimile copy of
the census questionnaire was attached to the Census Regulations laid
before Parliament.

11), 12) Irrespective of to whomever the questionnaire is addressed, the
responsibility to fill-in and return a questionnaire from each household,
completed on behalf of every resident at an address, falls upon the
householder.  The householder is the person who either owns or rents
accommodation at the address, or who is financially responsible for the
household bills.  Where this definition fits more than one person at an
address, any such person can be deemed to be the householder.

13), 14), 15), 16) Not clear what these questions mean.

17), 18), 41) Only aggregated anonymised statistics derived from the
census returns will be released on the website and used by Government,
local authorities, the health service, the education and academic
community, commercial business, professional organisations which need
information on the number and characteristics of people and households to
conduct their activities effectively.  This need is currently met from a
Census and census statistics are fundamental in forming policy, planning
services and allocating funds and resources.  
19) 20), 21) ONS has published statements about the commitment to
confidentiality and data security measures and these are on the website:-
[5]http://www.ons.gov.uk/ons/guide-method/c...

An independent assurance review was carried out and the report is
available here:-
[6]http://www.ons.gov.uk/ons/guide-method/c...

The independent reviewers concluded that:
 “the public can be reassured that the information they provide to the
2011 Census will be well protected and securely managed”

22) All persons living in the UK at the time of the census, whether they
are resident or not are required to make a return.

23), 24) The census provides population statistics from a national to
neighbourhood level for government, local authorities, business and
communities, which are used to plan and allocate billions of pounds worth
of public spending each year. Obtaining the best quality population
statistics is therefore essential for future planning and determining
government priorities and spending.  For example, the Department for
Communities and Local Government and the Department of Health allocate
money to Local Authorities and Primary Care Trusts based on census
statistics to ensure that access to services is based on relative need
rather than the ability of a local area to fund those services.  The 2011
Census and the very small proportion of the total cost that is spent on
publicising, therefore represents good value for money for the taxpayer.

25) Through the 'Beyond 2011' project, ONS is considering alternative ways
in future of obtaining information that has been traditionally gathered
via a census.  In a letter to the Chair of the UK Statistics Authority
dated 27 July 2010, the Cabinet Office Minister accepted the case for the
2011 Census.

26) You have quoted from the Mail on Sunday which unfortunately did not
publish the information that ONS provided to them.  The case for a
Kashmiri tick box in the 2011 Census ethnic group question was considered
alongside requests for approximately 20 other new categories – many more
than could possibly be included on the census questionnaire.  ONS
developed a set of principles by which requirements for new tick box
categories for ethnic groups could be assessed and prioritised.  The case
for a Kashmiri tick box scored well in the prioritisation exercise but not
as well as the two new ethnic group categories that were included –
Gypsy/Irish Traveller and Arab. Introducing further tick boxes on the
Census questionnaire would have meant removing something else or making
unacceptable compromises with questionnaire layout.  Following concerns
expressed by some Kashmiri community groups and individuals, ONS agreed to
reassess its position on the possible inclusion of a ‘Kashmiri’ tick-box,
and commissioned further detailed question testing and research. However,
despite the large amount of very useful evidence submitted by interested
parties, the results from these studies did not demonstrate that the case
for a ‘Kashmiri’ tick-box was any stronger than was originally assessed
when the census questions were first prioritised.   The research and the
results of the question testing, along with the rationale behind this
decision, are described in a report that is available on the website.
[7]http://www.ons.gov.uk/ons/guide-method/c...

27), 28) ONS did not spend the amounts you have quoted on community
advisors. Participation in the census is compulsory but ONS was committed
to working in partnership with elderly, disabled, ethnic minority, faith,
charitable, and other voluntary and community groups in order to improve
the census enumeration process. Through the community liaison programme,
community groups were used to provide local intelligence; to publicise the
Census and underline its use and value; to provide help and guidance to
local community groups and individual members of the public; to assist
with the development of language and disability strategies, and in
particular, the provision of language translation and interpreting
materials and facilities; and to help provide a source of potential field
staff.

29), 37), 42),61) No employee of Lockheed Martin UK (or its US parent, or
any other US company) will have any access to personal census information.
Members of the Census field staff are all ONS employees, and data
processing is being carried out by a UK based company – UK Data Capture at
a secure site in Manchester.   Therefore the Patriot Act cannot and does
not apply.  Information is available at
[8]http://www.ons.gov.uk/ons/guide-method/c...

30 – 32), 34 -36), 38, 39), 60) Not appropriate for ONS to reply.

33), 40) The contract awarded to Lockheed Martin UK and through them, its
subcontractors provides a range of support services which include the
printing of the questionnaires, the building of the online questionnaire
system, a questionnaire tracking system, the scanning and initial capture
of the information and a public helpline.  

38) Information not held by ONS.

43) The scenario you describe would not be possible.

44), 45) The additional contractual and operational arrangements to ensure
that US authorities could not gain access to census data under the Patriot
Act are listed in the press briefing of 14 January to which you refer,
i.e.

§        all data processing will be carried out in the UK;

§        all data is the property of the ONS;

§        the only people who have access to the full census dataset in the
operational data centre will be ONS staff;

§        no staff from either Lockheed Martin (the US parent) or Lockheed
Martin UK will have access to any personal census data.

§        ONS controls system access rights to all data systems;

§        everyone working with census data will sign declarations of
confidentiality

§        independent checks by an accredited UK security consultancy of
both physical and electronic security have been carried out for ONS.

46) The independent security auditors were accredited by the government
security services to carry out these reviews.  The auditors are Sopra
Group Plc
[9]http://www.sopragroup.co.uk/
Sopra are accredited by CESG (Communications and Electronic Security
Group), the UK Government’s National Technical Authority for Information
Assurance, as part of their CHECK scheme. Sopra are therefore on the CESG
CHECK approved suppliers list.
Details of CESG and the scheme can be found on their public website
[10]http://www.cesg.gov.uk/products_services...

47) a) All UKDC employees are on a fixed term contract and therefore there
will be no residual jobs on completion of the contract, estimated around
June 2012.
b) 27% (420) are provided via a local government employment scheme
c) 4% (45 people)
d) 30%
e) At the recruitment stage all applicants were asked to bring original
Right to Work documents to their assessment centre. Acceptable documents
were UK passport, EU passport or Work Visa/Permit and copies of these were
taken.  The immigration authority supported UKDC throughout this stage,
and also conducted spot check audits.  Following the mass recruitment
intake, an internal file audit was also completed to ensure all Right to
Work documents were appropriate and documented.

48) a) Each employee attended a two day Induction training programme from
their start date. A security section formed part of this training in day
one and covered aspects such as site security via access badges, document
protection, IT security policy, suspicious packages, and bomb threats, for
example.  Each employee has also been provided with an employee handbook
which reiterates security procedures.  Security policies are also
available to the staff.  Security procedure updates are a part of the
regular team briefings for reinforcement.  Management employees received a
more detailed security training induction to include their
responsibilities as Managers. Finally, all employees are required to sign
a Census Confidentiality Undertaking which states the obligations of
Census employees.
b) UKDC has a “Time Off to Train Policy” which is compliant with current
UK legislation.

49) a) For all staff, Right to Work in UK checks are completed along with
a basic conviction check performed by Disclosure Scotland, and three past
employment references. Staff in a security role or with a higher security
access level are Security Cleared (SC).
b) UKDC has a “Recruitment Policy and Equal Opportunities Policy”
informing individuals of the pre-employment checks which form part of the
“employment subject to   …” requirements.  Both of these policies are
aligned with current UK legislation.
c) All UKDC employees have received a contract of employment detailing
their terms and conditions of employment.  All of these meet minimum
statutory compliance with regard to holiday entitlement, minimum wage,
employment rights.
d) The majority of UKDC staff do not qualify for redundancy severance
payment as they will have less than 2 years’ service.  Those who do
qualify will receive statutory redundancy pay.
e) UKDC has a “Flexible Working Policy” which meets all UK statutory
legislation requirements
f) There is no provision to work from home.
g) UKDC has a “Maternity, Paternity and Adoption Policy” which meets all
UK legislation statutory requirements.
h) Within the recruitment and employment phase, all staff have the
opportunity to opt out of the 48 hour week Working Time Directive if they
wish. This is recorded on their file and at any point; employees can
request to opt out if they haven’t done so already or opt back in. No UKDC
employees have worked outside of the Working Time Regulation limits during
their contract.
i) i–iii)   Contracts of employment are between UK Data Capture and its
employees.
Contractual changes, if required, will be made by agreement between UKDC
and the employee, following a period of consultation.

50 a) This information is Commercial in confidence and exempt under
Section 43 of the FOI Act.  However, in tendering for contracts,
including for the main outsourced operations for the 2011 Census, ONS
carried out fully compliant procurements in accordance with the
requirements of the European Union Procurement Directives, which have been
incorporated into English law. The foundations of the rules are fairness
and transparency. Any organisation with the correct technical capability,
financial stability and relevant experience therefore has the opportunity
to compete openly for Government business throughout the European Union
without discrimination. The tendering process for the support services for
the 2011 Census covered the technical ability to provide the services, the
cost and the assessment of risks associated with such services. There were
six main overarching evaluation criteria that were applied to determine
the chosen supplier. These were:
-        compliance with requirements listed in the statement of
requirements as mandatory
-        value for money
-        understanding of the business needs
-        technical capability of the proposed solution
-        legal/contractual assessment
-        risks
The winning bid offered the best technical solution and the best value for
money for the taxpayer.

b) The procurement exercise began with an advertisement in the “Official
Journal of the European Union” in September 2005.  A lengthy negotiated
procurement followed that had all necessary stages in line with the
European Directives on how to conduct procurements. This included the Pre
Qualification Questionnaire (PQQ) stage for the selection of a short list
of capable suppliers that went onto an Invitation To Tender (ITT) stage
that eventually selected the winner who signed a contract on 21st August
2008.

c) The European Union Public Sector Procurement Directive (2004/18/EC) and
the UK Public Contracts Regulations 2006 apply to public authorities when
letting contracts. These Directives and Regulations set out detailed
procedures for contracts where the value equals or exceeds specific
thresholds for the full life of a contract. The current threshold for
supply and services contracts is €125,000 (approx. £101,000).

51 a), b) ONS is using the following specialist companies:-
Royal Mail for postal delivery and collection services
Capita Business Services for field staff recruitment, training and payment
administration;

Steria - provide infrastructure and data centre support, systems
administration, management and support of IT systems and networks internal
to the processing centre.
BSS provided the staffing and operation of the contact centre and
helpline.
Big Word – provided interpretation services to support contact centre and
helpline services
3M for printing and the provision of supplies to field staff and requests
for materials from the field staff and the public.
Bray Leino for advertising, design and media buying.

52 a) Disclosure Scotland
b) £25
c) Not applicable as this question refers to UKDC employees.

53) The ONS Data Protection registration covers all data protection
issues.

55) The confidentiality of personal census data is protected by the
Statistics and Registration Service Act 2007.  It is a criminal offence,
subject to a maximum penalty of 24 months imprisonment and/or a fine, for
a member or employee of the United Kingdom Statistics Authority (of which
the Office for National Statistics (ONS) is the executive arm) to disclose
personal information held by the Authority in relation to any of its
functions without lawful authority.  

56), 58) The paper census questionnaires will be securely stored at the
processing centre in Manchester until an electronic archive copy has been
made for retention for 100 years as an historical record.  They will then
be destroyed in a securely controlled manner witnessed and verified by ONS
census staff.  The electronic archive copy will then be copied to
microfilm for retention at a secure ONS site until transferred to the
National Archive prior to release in 2112. The statement that census
information is kept confidential for 100 years is not an offer to
contract.  

57) The census questionnaire does not constitute a contract.

59) ONS confirms that information provided via the census questionnaire is
not provided to a foreign power.

You have the right to have this response to your freedom of information
request reviewed internally by an internal review process and, if you
remain unhappy with the decision, by the Information Commissioner. If you
would like to have the decision reviewed please write to Dennis Roberts,
Office for National Statistics, Room 1214, Government Buildings, Cardiff
Road, Newport, Gwent, NP10 8XG.

If you have any queries about this email, please contact me. Please
remember to quote the reference number above in any future communications.

Kind regards,

Paul Wearn LLB (Hons)
Legal Services
Office for National Statistics

For the latest data on the economy and society consult National Statistics
at http://www.ons.gov.uk

 

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Legal Disclaimer : Any views expressed by the sender of this message are
not necessarily those of the Office for National Statistics

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References

Visible links
1. http://www.ons.gov.uk/census/2011-census...
2. http://www.ons.gov.uk/census/2011-census...
3. http://www.statisticsauthority.gov.uk/re...
4. http://www.ons.gov.uk/census/2011-census...
5. http://www.ons.gov.uk/ons/guide-method/c...
6. http://www.ons.gov.uk/ons/guide-method/c...
7. http://www.ons.gov.uk/ons/guide-method/c...
8. http://www.ons.gov.uk/ons/guide-method/c...
9. http://www.sopragroup.co.uk/
10. http://www.cesg.gov.uk/products_services...

Gadawodd Becky Bbear anodiad ()

Full response (within the authority's ability to answer certain questions) issued November 10.