Dear Mr McGartland,

Subject: Freedom of Information Acknowledgement – Reference 501314

I refer to the request, which you have made under the Freedom of Information Act 2000 for records held by this office.

Your request dated 12 April 2014 was received by this department on 14th April 2014.

A final decision on your request would normally be sent to you within 20 working days of receipt of your request. This means that you can expect to receive your decision by 15 May 2014.

There are some limited situations under the Freedom of Information Act, which could mean that the period for a final decision may be longer than the normal 20 working days. If this occurs in your request, we will promptly advise you in writing.

Should our final decision not reach you on time, please feel free to call the contact officer named to discuss any problems that may have arisen.

If you have not heard from us once the allotted time has expired, you are automatically entitled to appeal to this department for a review of the matter. This review is a full and new examination of the matter, and is carried out by a more senior member of staff of this office.

In the event that you need to make such an appeal, you can do so by writing to Kevin Payne of this department at the details given below. You should state that you are appealing because an initial decision was not sent to you within the time permitted. In that event, you would normally have 40 days (after the original decision should have been sent to you) in which time to make the appeal.

Yours sincerely.

Kevin

Kevin Payne
Business Administration Apprentice

Office of Mrs Vera Baird QC
Police and Crime Commissioner for Northumbria

Victory House
Balliol Business Park
Benton Lane
Newcastle upon Tyne
Tyne and Wear
NE12 8EW

T: (0191) 221 9815
E: [email address]  
W:  www.northumbria-pcc.gov.uk 
 
Follow us on: Twitter@northumbriapcc
Like us at: facebook.com/Vera.Baird.QC

 
Half of the money recovered from criminals and seized by Northumbria police gets taken by the Treasury. We want ALL the money recovered to be invested back into our communities.

Follow this link to sign the petition.

dangos adrannau a ddyfynnir

Dear Mr McGartland,

Subject: Freedom of Information Reference: 501314

I refer to the request, which you have made under the Freedom of
Information Act 2000 for records held by this office.

Your request was received by this department on 14th April 2014.

As you may be aware the purpose of the Act is to allow a general right of
access to information held by a Public Authority (including the Police
Crime Commissioner), subject to certain limitations and exemptions.

You asked:

1. What contact, if any, has Vera Baird had with Sue Sim, Northumbria
police and or any other officers staff concerning Martin McGartland, his
attempted murder case and or his complaint/s?

2.  Regards 1 above, please detail all any contact including, date/s,
reason/s for such contact and also names of those involved.

3.  Has Vera Baird, for what ever reason, sought or been given any legal
advice concerning Martin McGartland, his cases (including issues
concerning his attempted murder case, his allegations of corruption by
Northumbria police and or relating to his complaints to her as PCC
concerning NP)?  

4.  Has Vera Baird discussed, for whatever reason, the Martin McGartland
case, his attempted murder investigation, his allegations of corruption
against Northumbria police with any other third party?  If so, please
supply full details including, reason/s for same, date/s, names of
individuals involved and also full details of all such discussions.

The information in 1 to 4 above is requested for the period between 1st
January 2014 and up until the date this request is answered.

In response:

We have now had the opportunity to fully consider your request and I
provide a response for your attention.

As you have requested this information under the Freedom of Information
Act I am obliged to respond under the Acts legislation.

In relation to your request, the Police and Crime Commissioner for
Northumbria can neither confirm nor deny that it holds the information you
requested as the duty in s1(1)(a) of the Freedom of Information Act 2000
does not apply, by virtue of the following exemptions:

S40 (5) Personal information        

Under the Freedom of Information Act, information that is disclosed is
released to the public as a whole and not just to the individual
applicant. As such, the Police and Crime Commissioner for Northumbria
would not wish to confirm or deny to the public at large whether
information is held about any individual including you.

You should consider this to be a refusal under section 17 of the Act.

No inference can be taken from this refusal that the information you have
requested does or does not exist.

The Freedom of Information Act (FOIA) 2000 was implemented on 1 January,
2005. The Act aims to make organisations like the police service more
accountable to the public, giving a better understanding of how public
authorities carry out their duties, make their decisions and spend public
money.  

Your request does not fit the criteria above and asks for personal
information.

Personal information is not disclosed under the FOIA, for the reasons
above, i.e. requests made under this Act are released into the public
domain.

You may be interested to know that Northumbria Police and Crime
Commissioner routinely publish information via the Disclosure Log. The aim
of the Disclosure Log is to promote openness and transparency by
voluntarily placing information into the public arena.

The Disclosure Log contains copies of some of the information that has
been disclosed by Northumbria Police & Crime Commissioner in response to
requests made under the Freedom of Information Act 2000.

The Disclosure Log will be updated quarterly.

I have provided the relevant link below.

[1]http://www.northumbria-pcc.gov.uk/transp...

The information we have supplied to you is likely to contain intellectual
property rights of Northumbria Police and Crime Commissioner. Your use of
the information must be strictly in accordance with the Copyright Designs
and Patents Act 1988 (as amended) or such other applicable legislation. In
particular, you must not re-use this information for any commercial
purpose.

How to complain

If you are unhappy with our decision or do not consider that we have
handled your request properly and we are unable to resolve this issue
informally, you are entitled to make a formal complaint to us under our
complaints procedure which I have enclosed.

If you are still unhappy after we have investigated your complaint and
reported to you the outcome, you may complain directly to the Information
Commissioner’s Office and request that they investigate to ascertain
whether we have dealt with your request in accordance with the Act.

Yours sincerely.

Kevin

Kevin Payne
Business Administration Apprentice

Office of Mrs Vera Baird QC
Police and Crime Commissioner for Northumbria

Victory House

Balliol Business Park

Benton Lane

Newcastle upon Tyne

Tyne and Wear

NE12 8EW

T: (0191) 221 9815

E: [2][email address]  

W:  [3]www.northumbria-pcc.gov.uk 

Follow us on: [4]Twitter@northumbriapcc

Like us at: [5]facebook.com/Vera.Baird.QC

  Half of the money recovered from criminals and seized by [7]pccemaillogo
Northumbria police gets taken by the Treasury. We want
ALL the money recovered to be invested back into our
communities.
[6]Follow this link to sign the petition.

References

Visible links
1. http://www.northumbria-pcc.gov.uk/transp...
2. mailto:[email address]
3. http://www.northumbria-pcc.gov.uk/
4. https://twitter.com/NorthumbriaPCC
5. https://www.facebook.com/Vera.Baird.QC
6. http://epetitions.direct.gov.uk/petition...

Dear Mr McGartland,

Subject: Freedom of Information Reference: 501314

I refer to the request, which you have made under the Freedom of Information Act 2000 for records held by this office.

I am writing to acknowledge receipt of your request for an internal review of the response you received in relation to the above mentioned Freedom of Information Request.

We aim to provide a response to you within 20 working days and can expect to receive this by 16 June 2014.

Yours sincerely,

Kevin Payne
Business Administration Apprentice
Office of Mrs Vera Baird QC
Police and Crime Commissioner for Northumbria

Victory House
Balliol Business Park
Benton Lane
Newcastle upon Tyne
Tyne and Wear
NE12 8EW

T: (0191) 221 9815
E: [email address]  
W:  www.northumbria-pcc.gov.uk 
 
Follow us on: Twitter@northumbriapcc
Like us at: facebook.com/Vera.Baird.QC

 
Half of the money recovered from criminals and seized by Northumbria police gets taken by the Treasury. We want ALL the money recovered to be invested back into our communities.

Follow this link to sign the petition.

Dear Kevin Payne,

This is a request for an internal review on the following grounds;

1. You have not dealt with my request correctly now within the rules of FOIA 2000.

2. You are claiming that all of the recorded information that I have requested is personal data, information when you are very well aware that it is not.

3. Vera Baird, Northumbria PCC and or her office are using and abusing FOIA 2000 to conceal non exempt recorded information that must be released under FOIA 2000. This is a clear breach of the FOIA 2000.

As well as the above, it is noted that you, PCC office have not went on to deal with this request as a DPA request given what you have claimed in your reply. You also do not appear to have offered to deal with part or all of this request as DPA in your reply.

I will be taking this up with ICO when I have received your reply to my request for internal review of this request.;

Yours sincerely,

Martin McGartland

dangos adrannau a ddyfynnir

Dear Mr McGartland,

Thank you for your correspondence in which you requested a review of the
response to your request for access to certain information which may be
held by the Office of the Police & Crime Commissioner.

As you may be aware the purpose of the Act is to allow a general right of
access to information held by a Public Authority (including the Office of
the Police & Crime Commissioner) subject to certain limitations and
exemptions.

You asked:

Under FOIA 2000 can you please supply me with all recorded information
concerning following;

1.  What contact, if any, has Vera Baird had with Sue Sim, Northumbria
police and or any other officers staff concerning Martin McGartland, his
attempted murder case and or his complaint/s?

2.  Regards 1 above, please detail all any contact including, date/s,
reason/s for such contact and also names of those involved.

3.  Has Vera Baird, for what ever reason, sought or been given any legal
advice concerning Martin McGartland, his cases (including issues
concerning his attempted murder case, his allegations of corruption by
Northumbria police and or relating to his complaints to her as PCC
concerning NP)?  

4.  Has Vera Baird discussed, for whatever reason, the Martin McGartland
case, his attempted murder investigation, his allegations of corruption
against Northumbria police with any other third party?  If so, please
supply full details including, reason/s for same, date/s, names of
individuals involved and also full details of all such discussions.

The information in 1 to 4 above is requested for the period between 1st
January 2014 and up until the date this request is answered.

In response:

We have now had the opportunity to fully consider your request and I
provide a response for your attention.

As you have requested this information under the Freedom of Information
Act I am obliged to respond under the Acts legislation.

In relation to your request, the Police and Crime Commissioner for
Northumbria can neither confirm nor deny that it holds the information you
requested as the duty in s1(1)(a) of the Freedom of Information Act 2000
 does not apply, by virtue of the following exemptions:

S40 (5) Personal information

Under the Freedom of Information Act, information that is disclosed is
released to the public as a whole and not just to the individual
applicant. As such, the Police & Crime Commissioner would not wish to
confirm or deny to the public at large whether information is held about
any individual including you.

You should consider this to be a refusal under section 17 of the Act.

No inference can be taken from this refusal that the information you have
requested does or does not exist.

The Freedom of Information Act (FOIA) 2000 was implemented on 1 January,
2005. The Act aims to make organisations like the Office of the Police and
Crime Commissioner more accountable to the public, giving a better
understanding of how public authorities carry out their duties, make their
decisions and spend public money.

Your request does not fit the criteria above and asks for personal
information.
Personal information is not disclosed under the FOIA, for the reasons
above, i.e. requests made under this Act are released into the public
domain.

You may be interested to know that Northumbria Police & Crime Commissioner
routinely publish information via the Disclosure Log. The aim of the
Disclosure Log is to promote openness and transparency by voluntarily
placing information into the public arena.

The Disclosure Log contains copies of some of the information that has
been disclosed by Northumbria Police & Crime Commissioner in response to
requests made under the Freedom of Information Act 2000.

The Disclosure Log will be updated quarterly.

Your request for internal review stated:

This is a request for an internal review on the following grounds;

1.    You have not dealt with my request correctly now within the rules of
FOIA 2000.

2.    You are claiming that all of the recorded information that I have
requested is personal data, information when you are very well aware that
it is not.

3.    Vera Baird, Northumbria PCC and or her office are using and abusing
FOIA 2000 to conceal non exempt recorded information that must be released
under FOIA 2000. This is a clear breach of the FOIA 2000. As well as the
above, it is noted that you, PCC office have not went on to deal with this
request as a DPA request given what you have claimed in your reply. You
also do not appear to have offered to deal with part or all of this
request as DPA in your reply.
I will be taking this up with ICO when I have received your reply to my
request for internal review of this request.

In response:

I shall deal with the points you have raised in turn.

1.    You have claimed that the request was not dealt with correctly.
Unfortunately you have not stated which points were not dealt with
adequately and without the legislation. I have therefore revisited the
entire request to ensure that the request was dealt with appropriately as
an FOI request. The request was initially received 14th April by the
Office of the Police & Crime Commissioner and it was appropriately
acknowledged on that date. Following appropriate research and assessment,
a response was supplied to you on the 16th May. This shows that you were
supplied with a response on day 20 and the response was compliant with the
requirements of the Act.

2.    Information held regarding specific people, clearly identifies those
people. Personal data is defined by the Data Protection Act 1998 as -
“personal data means data which relate to a living individual who can be
identified—  (a) from those data, or (b) from those data and other
information which is in the possession of, or is likely to come into the
possession of, the data controller, and includes any expression of opinion
about the individual and any indication of the intentions of the data
controller or any other person in respect of the individual. "

Any information that is held about you, would clearly identify you. It
would therefore be correctly classed as personal data and therefore my
view is that the exemption was correctly applied.

3.    You have claimed that the Police & Crime Commissioner is abusing the
Act to conceal recorded information. To deliberately conceal, block erase,
alter or destroy data in order to prevent its disclosure is guilty of an
offence. I confirm that following this review, I have found no evidence of
such activity having taken place.

This review does acknowledge that your request could have been treated as
a preliminary request for personal data and further advice could have been
provided. It should be noted that The Office of the Police & Crime
Commissioner would not respond to a subject access request via a public
facing forum such as the Freedom of Information website
(Whatdotheyknow.com) that you have chosen to use.

Should you wish to know what information Northumbria Police & Crime
Commissioner holds about you, an application should be made in writing
through the subject access (Data Protection Act 1998) procedure.
To submit such an application the following is required:-

1.        A written request for information
2.       Copy of two identification documents to contain your name in full
and date of   birth, the other to contain your name and current address,
eg birth certificate, current passport, British driving licence, medical
card, utility bill.  
3.        Appropriate fee - £10.00 per application. (Cheques or Postal
Orders should be made payable to the Office of Northumbria Police & Crime
Commissioner).

Disclosure replies may take up to 40 days from the day your request, fee
and ID are received by this office.

In conclusion, it is the decision of this review that the exemption was
fully applicable to the entirety of the Freedom of Information Act 2000
request and therefore the response was entirely appropriate. However it is
also noted that further advice on the subject access process should have
been provided in an effort to aid and assist you.

If you remain dissatisfied with the outcome of this review then it remains
open to you to refer this matter to the Information Commissioner at the
following address:

The Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Yours sincerely.

Kevin Payne
Business Administration Apprentice
Office of Mrs Vera Baird QC
Police and Crime Commissioner for Northumbria

Dear Mr McGartland,

Thank you for your email.

As you will be aware, an internal review is to be carried out by a colleague more senior to the original decision. Therefore I can inform you that your internal review was carried out by Ruth Durham - Director of Policy, Performance and Scrutiny for the Office of the Police and Crime Commissioner.

As my colleague had left the office due to personal reasons, I sent you this information on her behalf to ensure that you received it in a timely manner.

I apologise for any inconvenience caused.

Yours sincerely.

Kevin Payne
Business Administration Apprentice
Office of Mrs Vera Baird QC
Police and Crime Commissioner for Northumbria

dangos adrannau a ddyfynnir