Compulsory purchase powers
Dear Merseyside Fire and Rescue Service,
Could you please provide:
(I) All internal correspondence (i.e between MFRS/MFRA staff or Members) regarding the issue of compulsory purchase powers in relation to the merger of West Kirby and Upton fire stations at Saughall Massie.
(ii) All correspondence (as in (i) above) between MFRA/MFRS and Wirral Metropolitan Borough Council staff, Councillors and Officers.
To clarify, could you include, but not limit the request to e-mails, letters, memos, notes on telephone conversations, texts and meeting outcome notes.
Many thanks,
Yours faithfully,
Kim Nowell
Dear Ms Nowell
Please see the attached letter in acknowledgment to your recent request made under the Freedom of Information 2000.
Best Regards
Julie Yare
Corporate Information Sharing Officer
Strategy & Performance
Merseyside Fire & Rescue Service HQ
Bridle Rd
Bootle
Liverpool
L30 4YD
(T) 0151 296 4479
(F) 0151 296 4631
Mailto: [email address]
[email address]
http://intranetportal/sites/smd/default....
Internet: www.merseyfire.gov.uk
Dear Ms Nowell,
Further to your request for information, please see the attached
correspondence.
Kind regards,
Jean Crimmins
Corporate Information Sharing Officer
Strategy and Performance
Merseyside Fire and Rescue Service Headquarters
Bridle Road
Bootle
L30 4YD
(T) 0151 296 4474
(F) 0151 296 4631
Mail to: [1][email address]
Secure e-mail: [2][email address]
Intranet/Portal [3]http://intranetportal/sites/KIM/default....
Internet [4]www.merseyfire.gov.uk
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Dear Merseyside Fire and Rescue Service,
Please pass this on to the person who conducts Freedom of Information reviews.
I am writing to request an internal review of Merseyside Fire and Rescue Service's handling of my FOI request 'Compulsory purchase powers'.
Chief Fire Officer, Dan Stephens has already publicly stated that MFRA does not have compulsory purchase powers. This information can, therefore, no longer be considered confidential, so not protected by Legal Professional Privilege.
In addition, communications with 3rd parties are not covered by advice privilege.
I request that these factors be given prime importance and the requested communications be disclosed as quickly as possible.
A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/c...
Yours faithfully,
kim nowell
Dear Ms Nowell,
In dealing with your request for an internal review of your Freedom of
Information request, I have considered whether the decision not to provide
the information that you asked for in your original request (see below)
was correct:
You originally asked for:
I) All internal correspondence (i.e between MFRS/MFRA staff or Members)
regarding the issue of compulsory purchase powers in relation to the
merger of West Kirby and Upton fire stations at Saughall Massie.
(ii) All correspondence (as in (i) above) between MFRA/MFRS and Wirral
Metropolitan Borough Council staff, Councillors and Officers.
To clarify, could you include, but not limit the request to e-mails,
letters, memos, notes on telephone conversations, texts and meeting
outcome notes.
It is my opinion that the original decision not to provide the information
you requested was correct. That information related to advice provided in
a legal capacity and the advice, from a solicitor, is confidential to the
solicitor’s client. This is covered by the Solicitors Code of Conduct
which at Chapter 4 states:
"Protection of confidential information is a fundamental feature of your
relationship with clients. It exists as a concept both as a matter of law
and as a matter of conduct. This duty continues despite the end of the
retainer and even after the death of the client."
This is in addition to Legal Professional Privilege (LPP) which is
explained in a Law Society Practice and Guidance Note on the subject, at
paragraph 7 as follows:
"LPP protects from disclosure confidential communications, and material
evidencing such communications, that take place between clients and/or
their lawyers and in some circumstances also between those lawyers and
third parties. It is a common law principle, jealously guarded by the
courts. Specific definitions of LPP may be adopted by statute for specific
purposes; some of which reflect its common law scope and some of which do
not. Whether the source is common law or statute, LPP arises in two ways:
in connection with the client consulting a lawyer (legal advice
privilege), and in connection with litigation (litigation privilege)."
If you wish to, you have the right of appeal to the Information
Commissioner at:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Telephone: 0303 123 1113
Regards
Deb Appleton
Director of Strategy and Performance
Merseyside Fire and Rescue Service
Bridle Road
Bootle
L30 4YD
0151 296 4402
07818034982
[2][email address]
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