FOI: Peoples Vote Arrangements

Roedd y cais yn rhannol lwyddiannus.

Dear Liverpool City Council,

Background:

Statement of Facts: Former Labour cabinet minister Lord Andrew Adonis presented to council the reasons for having a second vote on the final Brexit deal.

Statement of Public Interest: Liverpool Mayor Joe Anderson has called for a second referendum on Brexit and explained his argument on Twitter.

Under the Freedom of Information Act 2000 I am requesting the following:

1. From January 1st 2018 - July 19th 2018 communication records sent and received relevant to the following topics “People's Vote” OR “Peoples Vote” OR “Second Vote” OR “REFERENDUM” between Mayor Joe Anderson and Lord Andrew Adonis that reside on Mayor Joe Anderson’s council email. If Mayor Joe Anderson also uses a personal account for council business that may also hold response records include this in the search. Please provide full email chains, of communications where response records are found.

2. From January 1st 2018 - July 19th 2018 communications records sent and received between Mayor Joe Anderson and Liverpool City Council elected officials or CEX regarding the following keyword selectors “Lord Andrew Adonis” OR “Adonis” AND/OR “People's Vote” OR “Peoples Vote” OR “Second Vote” OR “REFERENDUM” Please provide full email chains, of communications where response records are found.

3. Please provide a records relating to the arrangement of Lord Andrew Adonis to address the council. This may include but not limited to planning details, briefing notes, communications.

For purposes of this request, the term “record” and "records" shall mean: 


(1) any written, 
printed, or typed material of any kind, including without limitation all correspondence, memoranda, notes, messages, letters, cards, facsimiles, papers, forms, messages, diaries, schedules, calendars, chronological data, ledgers, printed matter, statements or agreements

(2) any electronically, magnetically, or mechanically stored material of any kind, including without limitation all electronic mail or e-mail;

(3) any graphic materials and data 
compilations from which information can be obtained; and

(4) any materials using other 
means of preserving thought or expression.

In anticipation of Liverpool City Council citing exemptions including but not limited to: section 36(2)(b) (inhibition to provision of advice and exchange of views), 36(2)(c) (prejudice to effective conduct of public affairs), 41(1) (information provided in confidence).

Section 36(2)(b) of the FOIA says that information is exempt information if, in the reasonable opinion of a qualified person, disclosure would, or would be likely to inhibit (i) the free and frank provision of advice or (ii) the free and frank exchange of views for the purposes of deliberation. If there was any inhibition this chilling effect is highly likely to be very limited and without any significant consequence on candid exchanges with respect to policy deliberations.

Put simply, disclosure is highly unlikely to affect the meticulousness with which officials conduct policy deliberations and provide advice. The process for deliberation of the matters requested has also finished as underscored by Mayor Anderson's motion calling for a People's Vote on the final Brexit deal.

Section 36(2)(c) says that information is exempt information if, in the reasonable opinion of a qualified person, disclosure would otherwise prejudice, or would be likely otherwise to prejudice, the effective conduct of public affairs.

Section 36 differs from all other prejudice exemptions in that the judgement about prejudice must be made by the legally authorised, qualified person for that public authority.

I do not accept that a reasonable opinion would find the release of this information would prejudice public affairs.

Section 41 disclosure would not constitute a breach of confidence actionable in a court of law. Lord Adonis Spoke made representations at the council meeting, likewise the other elements of the request focus on cabinet members.

For any personal identifiable information for individuals who do not hold public office, a public figure or are not part of the Chief Executive please redact accordingly.

Yours faithfully,

Marcus Combie

Dear Liverpool City Council,

RE: FOI: Peoples Vote Arrangements

I am request ing either the requested to be fulfilled by issuing under the Freedom Of Information Act under 1(1)(a) confirmation or deny whether the information is held; and then either fulfill your duty under 1(1)(b) to provide information that has been requested or under section 17 to issue a refusal notice explaining
why a request has been refused.

Liverpool City Council should have responded by Friday 17th August the twentieth working day following the date of receipt of the request.

If Liverpool City Council cannot product a the requested information to comply with it's duties under Section 10 of the Freedom Of Information Act by August 24 then please treat this an a request for an internal review, whereby;

- Liverpool City Council has failed to comply with the allocated time frame and it's obligations under section 10 of the Freedom Of Information Act.

Yours faithfully,

Marcus Combie

Andrea AM McGuire, Liverpool City Council

Information request
Our reference: 611328

dangos adrannau a ddyfynnir

Information Requests, Liverpool City Council

2 Atodiad

Dear Mr Combie

 

Please see attached response to your FOI Request as submitted to Liverpool
City Council.     

 

Regards

 

Information Team

 

Information Requests

Liverpool City Council

[1][email address]

[2]LCC auto signature (2)

 

 

 

dangos adrannau a ddyfynnir

References

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