Bringing in to force of HMIC inspections of RMP, per s4 AFA11
L Mowday made this Rhyddid Gwybodaeth request to Y Weinyddiaeth Amddiffyn
This request has been closed to new correspondence. Contact us if you think it should be reopened.
My reference: LSM/FOI/120909/03
Background. Her Majesty’s Inspectors of Constabulary (“HMIC”) are appointed under section 54 of the Police Act. Under that section HMIC have statutory functions of inspecting, and reporting to the Secretary of State on, Home Office police forces. The purpose of section 4 of the Armed Forces Act 2011 is to provide a similar requirement in relation to the service police forces, but focussed on the independence and effectiveness of investigations by those forces. This provides that HMIC are to inspect, and report to the Secretary of State on, the independence and effectiveness of investigations carried out by each service police force. It should be noted that this will not provide an avenue of redress for individual complainants akin to the IPCC, rather it provides quality assurance of overall military police integrity/competence. This section of the Armed Forces Act 2011 has not yet been brought in to effect, and no date articulated as to when it will be brought in to force.
Further to s1(1) of the Freedom of Information Act 2000:
a. Why has section 4 of the Armed Forces Act 2011 not been brought in to force?
b. When will it be brought in to force?
c. Please provide all documentation held by MOD and Army HQ regarding both the rationale behind section 4, and the delays in bringing it in to force.
d. Please, in particular, provide all copies of discussions regarding the costs of bringing this measure in to force, and all discussion documents and email trails between MOD and the Army/RMP regarding funding to enable this measure.
My preferred format to receive this information is by electronic means. If one part of this request can be answered sooner than others, please send that information first followed by any subsequent data. If you need any clarification of this request please feel free to email me. If FOI requests of a similar nature have already been asked could you please include your responses to those requests.
I note that under s16 of the Act, it is the MOD's duty to provide advice and assistance, so far as it would be reasonable to expect the authority to do so, to persons who make requests for information to it. Accordingly, if the MOD considers attempting to block release of information under s12 of the Act (exemption where cost of compliance exceeds appropriate limit), please a) provide a breakdown of costs, and b) explain what information *would* be releasable within the appropriate limit according to the department's purported calculations. I would, in that situation, apply for internal review, and ultimately apply for decision by the Information Commissioner, per s50 of the Act.
I would be grateful if you could confirm in writing that you have received this request, and I look forward to hearing from you within the 20-working day statutory time period.
This FOI request is now overdue. Please reply, if only to refuse to release the information, so I can proceed accordingly.
Thank you for you email below relating to a request for information under
the FOI Act. The file has been reviewed and this question was included in
our response dated 28 September to your various FOI requests (it is serial
14 on our table). A copy of that response is attached.
Clearly there has been a processing error in this case but you should
accept the letter of 28 September as a response to this and any of the
other individual questions detailed in the letter that may be outstanding.
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