Gas Safety in Premisses / Certification / compliance

Roedd y cais yn llwyddiannus.

Dear Belfast City Council,

The information I have requested is environmental information, as defined in Regulation 2(1) of the Environmental Information Regulations, it is exempt from disclosure under Section 39 of the Freedom of Information Act 2000. However, I want our Council to consider my request under regulation Section 74 of the Freedom of Information Act to consider my request under the Environmental Information Regulations 2004, which gives me the public qualified rights to access to environmental information held by a public authority. I wish our Council therefore to considered my request under the Environmental Information Regulations.

Approximately 400 gas catering premisses were contacted via a letter after the recent gas explosion in Ballyhackamore "Clay Oven" I would like to know the following.

1. How many gas catering premisses responded within the defined time scale to Belfast City Council?

2. How many gas catering premisses failed to respond within the defined time scale to Belfast City Council?

3. How many gas catering premisses responded after the defined time line set by Belfast City Council?

4. How many gas catering premisses required additional work ?

5. How many Gas Catering premisses were deemed "AT RISK"?

6. How many gas catering premisses were deemed "immediately dangerous "?

7. How will our council tackle the gas premisses which have failed to respond?

8. How many sanctions have Belfast city council issued in relation to gas compliance since the request of the submitted "gas safety certification" request?

9. The gas catering premisses that fail to issue gas safety certification within the councils timescale are they automatically closed until a gas safety certificate can be issued for that particular premisses?

10. How many gas safety certificates issued to the council were found to be fraudulent?

11. what check/checks did Belfast City Council do to ensure the submitted certificates were compliant and the person issuing the certificate was correctly qualified for that particular task eg. LPG qualified/ commercial qualified?

11A. After checking the certificates how many submitted to our council were found to be fake, false or incorrect?

11B. How many certificates, premisses and or owners were forward to HSENI for further investigation?

12. How many gas catering certificates received were of the wrong type CP12 ?

13. If a gas safety certificate is received into the council for a particular gas catering premisses static or mobile is it assumed by our councils that the identified premisses meets the councils requirements of compliance?

14. How many gas catering premisses have been visited by our EHOs since the explosion at Ballyhackamore ? also how many premisses have been closed due to gas related dangers in the last year October 2017 to October 2018 by our EHO?

15. How many times in the last year October 2017/October 2018 have Belfast City council required the services of "Gas Safe" to assist them in their duties?

16. what were the charges applied for Gas Safe services from October 2017/ October 2018 to Belfast City Council?

17. What were the defined reasons for Gas Safe to be contacted to assist Belfast City Council and services charged for?

The charges requested above are Any charges encored by Belfast City Council from Gas Safe.

Yours faithfully,

Paul steward

Gadawodd Paul steward anodiad ()

please answer this question also as it was ignored in previous FOI request

16. When an EHO visits a premisses does the inspecting officer check for maintenance of the refrigeration
equipment to ensure compliance with the F-GAS regulations?

Mark McGovern, Belfast City Council

1 Atodiad

Mr Steward

 

Please see attached request for extension.

Please do not hesitate to contact me should you require clarification.

Regards

 

Mark McGovern

Senior EHO

Health and Safety Unit

Belfast City Council

Tel. 02890 320202 x3297

Mob.07713 684708

 

Any personal details that you provide the Council will be handled in
accordance with the Data Protection Act 2018.

 

As such we will only use your data for the purposes that you have given
this information for and will only be shared where necessary to provide
the service that you are contacting us about.

 

If you would like further information in regards please see the website
belfastcity.gov.uk/about/privacy

 

The information contained in or attached to this message is intended only
for the people to whom it is addressed. If you are not the intended
recipient, any use, storage, disclosure or copying of this information is
unauthorised and prohibited. This information may be confidential or
subject to legal privilege. If you have received this email in error
please notify the sender immediately by using the reply facility in your
email software and then delete the email from your inbox. The contents of
this message do not represent the expressed view of Belfast City Council
unless that is clearly stated. Belfast City Council cannot accept
liability in the event that the onward transmission, opening, or use of
this message and/or any attachments adversely affects the recipient's
systems or data.

Dear Mark McGovern,

Please ensure within the requested time period that ALL questions put forward are answered in there entirety and no questions are ignored or accidentally missed out !

As you are quite aware when this happens it puts further strain on internal resources to track and further find the information previously requested.

I wait patiently for the information

Yours sincerely,

Paul steward

Mark McGovern, Belfast City Council

1 Atodiad

Dear Mr Steward

 

Further to your request for information under the Environmental
Information Regulations (2004,) please see attached response.

Regards

 

Mark McGovern

Senior EHO

Health and Safety Unit

Belfast City Council

Tel. 02890 320202 x3297

Mob.07713 684708

 

Any personal details that you provide the Council will be handled in
accordance with the Data Protection Act 2018.

 

As such we will only use your data for the purposes that you have given
this information for and will only be shared where necessary to provide
the service that you are contacting us about.

 

If you would like further information in regards please see the website
belfastcity.gov.uk/about/privacy

 

The information contained in or attached to this message is intended only
for the people to whom it is addressed. If you are not the intended
recipient, any use, storage, disclosure or copying of this information is
unauthorised and prohibited. This information may be confidential or
subject to legal privilege. If you have received this email in error
please notify the sender immediately by using the reply facility in your
email software and then delete the email from your inbox. The contents of
this message do not represent the expressed view of Belfast City Council
unless that is clearly stated. Belfast City Council cannot accept
liability in the event that the onward transmission, opening, or use of
this message and/or any attachments adversely affects the recipient's
systems or data.

Dear Belfast City Council,

Please pass this on to the person who conducts Freedom of Information reviews.

I am writing to request an internal review of Belfast City Council's handling of my FOI request 'Gas Safety in Premises / Certification / compliance'.

[ for the second time as attached on the 14th November 2018 you have failed to respond to the request relating to F Gas also the consideration not to release the figures relating to works required such as "AT RISK" "IMMEDIATELY DANGEROUS" is this another concealment by council to refuse to display the true dangers which our council has exposed also without these vital figures and the clear inability to enforce the Gas Safety and use regulation Northern Ireland 2004 by Belfast city council how can our council carry out a Risk Assessment without documenting the areas of failure. Was this just lip service and a kneejerk reaction to the explosion in Ballyhackamore without any substance with no sanctions issued wasting rate payers money.
The remedial works are essential to display to the public what a great job our council has done or NOT done over the last 9 years and also to provide clarity and transparency and this should be documented so it is easy to access if these figures are not forthcoming i will have no choice but to forward this entire correspondence onto the ICO i also note you requested a time extension but you have failed to answer clearly not in the spirit of current GDPR legislation but an attempt to buy time and conceal the true picture. ]

A full history of my FOI request and all correspondence is available on the Internet at this address: https://www.whatdotheyknow.com/request/g...

Yours faithfully,

Paul steward

Records - Chief Exec Records Manager, Belfast City Council

Dear Mr Steward

 

I refer to your email sent on 8 January 2019 at 19:05 requesting the
Council to undertake an internal review of its response to the request for
environmental information you submitted in your email of 13 November 2018
under the Environmental Information Regulations 2004. You request for an
internal review was received on 9 January 2019.

 

Under regulation 11(4) of the Environmental Information Regulations, the
Council is required to notify you of the outcome of the internal review as
soon as possible and no later than 40 working days after the date of
receipt of your request for a review to be undertaken.

 

The Council endeavours to complete internal reviews within 20 working days
and had hoped that the review you requested would be completed by today
(Wednesday 6 February 2019). Unfortunately this has not been possible and
it is going to take the Council longer than envisaged to complete this
exercise. I apologise for the delay, but it is unavoidable due to the
complexity of the issues involved and further time is needed to give
consideration to the matters concerned.

 

I wish to assure you that the Council is giving the review its prompt
attention. It will be completed by 6 March 2019 at the latest, but I
expect it to be finished well in advance of this date. You will receive
written notification of the outcome of the review as soon as it is
completed. The timeframe for completion of the review is in accordance
with the guidance issued by the Information Commissioner’s Office (ICO).

 

Should you have any queries about this email, please contact me.

 

Yours sincerely

 

Robert Corbett

Records Manager

Belfast City Council

 

Tel: 028 90270639

 

The information contained in or attached to this message is intended only
for the people to whom it is addressed. If you are not the intended
recipient, any use, storage, disclosure or copying of this information is
unauthorised and prohibited. This information may be confidential or
subject to legal privilege. If you have received this email in error
please notify the sender immediately by using the reply facility in your
email software and then delete the email from your inbox. The contents of
this message do not represent the expressed view of Belfast City Council
unless that is clearly stated. Belfast City Council cannot accept
liability in the event that the onward transmission, opening, or use of
this message and/or any attachments adversely affects the recipient's
systems or data.

Records - Chief Exec Records Manager, Belfast City Council

Dear Mr Steward

I refer to your email of 8 January 2019 requesting the Council to review its response to the request for information you submitted, under the Environmental Information Regulations 2004, in your email of 13 November 2018, which you sent to me. The Council’s response to the information request you submitted on 13 November 2018 was provided in a letter dated 8 January 2019 signed by Jonathan Brice, which was issued to you as an attachment to an email sent by Mark McGovern on that date. The review was undertaken by the City Solicitor and I wish to advise you of its outcome.

Firstly, at the beginning of the third paragraph of Mr Brice’s letter you were advised in a general statement that the Council held the information requested, which inferred that the Council held all the information you sought. However, in response to individual parts of your request, specifically parts 10, 11a, 13 and 14, you were advised that the Council did not hold this particular information. The City Solicitor has asked me to clarify that the general statement was incorrect, and the responses provided at parts 10, 11a, 13 and 14 were correct. The Council apologises for any confusion this may have caused.

Secondly, in the response issued by Mr Brice you were advised that the Council had decided to refuse to disclose the information requested at the parts of your request numbered 4, 5, 6 and 12 on the grounds that it was manifestly unreasonable and that the information requested was exempt from disclosure under the exception provided in Regulation 12(4) (b) of the Environmental Information Regulations. The City Solicitor has upheld this decision on the grounds outlined in Mr Brice’s letter of 8 January 2019. The City Solicitor is also satisfied with the Council’s previous responses to the other parts of the request you submitted in your email of 13 November 2018.

Thirdly, the City Solicitor has noted your comment that in responding to the information request the Council ‘requested a time extension but you have failed to answer clearly in the spirit of current GDPR legislation but an attempt to buy time and conceal the true picture.’ The City Solicitor has asked me to explain that your request was considered – as you requested – under the Environmental Information Regulations as you sought access to environmental information, not your own personal data. Under the Environmental Information Regulations the Council is – as was explained to you in the correspondence you received from Mark McGovern sent on 12 December 2018 – permitted under regulation 7 of these provisions to extend the 20 working days time period for issuing a response to 40 working days if it reasonably believes that the complexity and volume of the information requested means that it is impracticable either to comply with the request within the earlier period or make a decision to refuse to do so. Mr McGovern advised you that in view of the complexity and volume of the information you requested, the Council found it necessary to extend the time limit to 16 January 2019. This was necessary because there were 17 separate parts to your request and the Council needed time to give further consideration to the parts of your request which were ultimately deemed manifestly unreasonable, particularly as you had previously submitted requests on this same topic. Your request was, therefore, complex and voluminous. In any event, as mentioned above, the Council’s response to your request was issued to you on 8 January 2019, which was well before the extended deadline expired. This demonstrates that the Council gave your request its prompt attention and its commitment to comply with its statutory obligations under the Environmental Information Regulations. This Council was in no way attempting to avoid its statutory obligations under the Environmental Information Regulations.

Fourthly, the City Solicitor considered your claim that ‘for the second time as attached on 14th November 2018 you have failed to respond to the request relating to F Gas.’ The ‘attached’ information you directed me to was an annotation you appear to have left on the What Do They Know website (whatdotheyknow.com) on 14 December 2018, which reads: ‘16. When an EHO visits a premisses does the inspecting officer check for maintenance of the refrigeration equipment to ensure compliance with the F-GAS regulations?’

Having checked the Council’s records, the City Solicitor has established this specific information request was numbered part 16 in the information request you sent me by email at 20:01 on 7 September 2018 and that it was responded to in a letter, signed by Valerie Brown, Environmental Health Manager, dated 15 October 2018, issued to you by email by Mark McGovern on the same date at 20:37. Furthermore, I should also advise you that the Council is under no statutory obligation to search the websites of third parties to check for requests for information intended for the Council’s attention, and it does not do so. On the contrary, requests for information must be made directly to the Council. In relation to this information request, to assist you, I can advise that the Council’s EHOs have no remit with respect to F-Gas regulations.

Should you wish to complain about the Council’s handling of your request, you can seek an independent review from the Information Commissioner. A request for an independent review should be made in writing to: The Information Commissioner, Wycliffe House, Water Lane, Wilmslow, SK9 5AF.

Yours sincerely

Robert Corbett
Records Manager
Belfast City Council

Tel: 028 9027 0639

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