Hospitality Chief Officer Team at Northumbria Police ...

Martin McGartland made this Rhyddid Gwybodaeth request to Northumbria Police

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

Gwrthodwyd y cais gan Northumbria Police.

Dear Northumbria Police,

Please supply me with all recorded information you hold concerning following;

1. How many Chief Officers, if any, have accepted
hospitality from members of the press and or media (including newspaper management and/or editors) during the past 24 months (1st Feb 2010 to 1st Feb 2012)?

2. How many Chief Officers, if any, have accepted
hospitality from local (north east) law firms and/or their management/staff during the past 24 months (1st Feb 2010 to 1st Feb 2012)?

3. How many Chief Officers, if any, have accepted
hospitality from any other parties during the past 24 months (1st Feb 2010 to 1st Feb 2012)? Please supply all information relating to same.

Hospitality shall include any type of invitation/s to parties, any type of entertainment, meals, and will also include any other event/s.

Please include breakdown and also the cumulative declared value of all/any such hospitality.

By 'Chief Officers' I mean The Command Team, Sue Sim, Mark Gilmore, Jim Campbell, Steve Ashman, Greg Vant, Bernie McCardle and Steve Culkin.

Yours faithfully,

Martin McGartland

www.martinmcgartland.co.uk

Northumbria Police

Freedom of Information Act 2000 (FOIA)

Thank you for your email received today in which you make a request for
information that Northumbria Police may hold.

We are in the process of dealing with your request and expect to revert to
you shortly.  A response should be provided by 29 February 2012.

Please note that this request will be aggregated with your previous
request, FOI 900/11 - Gifts and Hospitality, due to cost and time
implications as it refers to the same subject area.

Yours sincerely

Helen Robbins

Disclosure Section

[NOT PROTECTIVELY MARKED]

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is
confidential and intended only for the attention of the named organisation
or individual to whom it is addressed.  The message may contain
information that is covered by legal, professional or other privilege.  No
mistake in transmission is intended to waive or compromise any such
privilege.  This message has been sent over public networks and the sender
cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure,
copying, distribution or action taken in reliance of the information
contained herein is strictly prohibited, and is contrary to the provisions
of the Copyright Designs and Patents Act, 1988 and of the Data Protection
Act, 1998.

Any views expressed are those of the sender and, unless specifically
stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a
result of software viruses.  It is your responsibility to carry out such
virus checking as is necessary.

If you have received this message in error, please notify the sender by
e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website -
[1]http://www.northumbria.police.uk

References

Visible links
1. http://www.northumbria.police.uk/

Northumbria Police

1 Atodiad

Provision of information held by Northumbria Police made under the Freedom
of Information Act 2000 (the 'Act')

Thank you for your email dated 1 February 2012 in which you made a request
for access to certain information which may be held by Northumbria Police.

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),
subject to certain limitations and exemptions.
 
You asked:

Please supply me with all recorded information you hold concerning
following;

1.        How many Chief Officers, if any, have accepted hospitality from
members of the press and or media (including newspaper management and/or
editors) during the past 24 months (1st Feb 2010 to 1st Feb 2012)?

2.        How many Chief Officers, if any, have accepted hospitality from
local (north east) law firms and/or their management/staff during the past
24 months (1st Feb 2010 to 1st Feb 2012)?

3.        How many Chief Officers, if any, have accepted hospitality from
any other parties during the past 24 months (1st Feb 2010 to 1st Feb
2012)? Please supply all information relating to same.

Hospitality shall include any type of invitation/s to parties, any type of
entertainment, meals, and will also include any other event/s.

Please include breakdown and also the cumulative declared value of all/any
such hospitality.

By 'Chief Officers' I mean The Command Team, Sue Sim, Mark Gilmore, Jim
Campbell, Steve Ashman, Greg Vant, Bernie McCardle and Steve Culkin.

In response:

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

As advised earlier this request has been aggregated with your previous
request, FOI 900/11 - Gifts and Hospitality, due to cost and time
implications as it refers to the same subject area.

Following receipt of your request, searches were conducted with the
Professional Standards Department of Northumbria Police.  I can confirm
that the information you have requested is held by Northumbria Police,
however will not be disclosed for the following reasons.

As you are aware from our previous correspondence in relation to your
request FOI 847/11 - Gifts and hospitality, available via the following
link to the whatdotheyknow.com website:-
[1]http://www.whatdotheyknow.com/request/no....
 You were advised on 10 November 2011 that the link provided gave you the
option to view the Register of Gifts and Gratuities for both 2009 and
2010.

On 11 November you were advised information for 2011, would be published
in 2012 and therefore Section 22 - Information Intended for Future
Publication, would apply.  I can confirm that this is still the case, as
the Register of Gifts and Gratuities is published annually, in arrears.

The information you seek regarding 2012, will not be provided and we will
rely on the following exemption:-

Section 22 Information Intended for future publication

(1) Information is exempt information if -

(a) the information is held by the public authority with a view to its
publication, by the authority or any other person, at some future date
(whether determined or not),

(b) the information was already held with a view to such publication at
the time the request for information was made, and

(c) it is reasonable in all circumstances that the information should be
withheld from disclosure until the date referred to in paragraph.

This exemption requires us to apply a Public Interest Test to decide if
the information you require should be released ahead of the scheduled
report.

Public Interest Test

Factors Favouring Disclosure:-

Accountability, Public Awareness & Debate
Disclosure of information for the 2012 period, to 1 February, would enable
the public to be better informed of information surrounding gifts and
hospitality in the Northumbria Police area, demonstrating continued and
ongoing awareness and monitoring of this activity.  This would enhance
public knowledge of the subject, by providing current information that may
better inform public debate and the decisions of individuals.
Factors Favouring Non-Disclosure:-

Existing Procedures and Force Efficiency
The exemption engaged in this case specifically requires us to simply look
at the public interest in delaying the release of information that will
automatically be disclosed in the future.  As it is know that this
information will be published at a later date, to gather the information
prior to the requirement to do so for the next scheduled publication, in
order to answer this request would not be an efficient use of resources
and finance as it would divert staff from their core duties and would
involve a disproportionate use of resources, particularly at this time of
economic concerns.

Balance Test

It is acknowledged that both accountability and public awareness are
enhanced by the disclosure of this type of information.  However, this
will be achieved through the publication of the intended report.

The Section 21 and, in this case Section 22 exemptions were specifically
laid down by parliament to benefit those authorities who proactively
publish information.  To constantly produce new and up to date elements of
currently published or information intended for future publication in an
attempt to satisfy an additional need outside of the annual schedule would
render these exemptions less effective and remove the benefits of
proactive publication.  For this reason it would be an inappropriate use
of resources to carry out further research to satisfy this part of your
request.

You should class this as a refusal to this part of your request.

The information we have supplied to you is likely to contain intellectual
property rights of Northumbria Police.  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 is attached.

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

Michael Cleugh
Data Protection and Disclosure Advisor
Direct Dial:  01661 868347
[NOT PROTECTIVELY MARKED]

NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is
confidential and intended only for the attention of the named organisation
or individual to whom it is addressed.  The message may contain
information that is covered by legal, professional or other privilege.  No
mistake in transmission is intended to waive or compromise any such
privilege.  This message has been sent over public networks and the sender
cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure,
copying, distribution or action taken in reliance of the information
contained herein is strictly prohibited, and is contrary to the provisions
of the Copyright Designs and Patents Act, 1988 and of the Data Protection
Act, 1998.

Any views expressed are those of the sender and, unless specifically
stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a
result of software viruses.  It is your responsibility to carry out such
virus checking as is necessary.

If you have received this message in error, please notify the sender by
e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website -
[2]http://www.northumbria.police.uk

References

Visible links
1. file:///tmp/Section 22 Information Intended for future publication
2. http://www.northumbria.police.uk/

Northumbria Police

1 Atodiad

Provision of information held by Northumbria Police made under the Freedom
of Information Act 2000 (the 'Act')

Thank you for your email dated 1 February 2012 in which you made a request
for access to certain information which may be held by Northumbria Police.

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),
subject to certain limitations and exemptions.

You asked:

"Northumbria Police has confirmed in the past that the following legal
costs, counsels fees have been paid in this matter.

Northumbria POlice stated at that time that;

Northumbria Police has assessed that your reference to professional fees is
with regard to any costs associated with Counsels fees which have been
incurred by the force in relation to the case to which you refer.
Accordingly, the recorded information in relation to those figures is
provided below: 1999/2000 £1802.50, 2001/2002 £675.00, 2004/2005 £2525.00"

Please supply me with all recorded information concerning above as follows;

a. A breakdown to cover each of the above amounts, invoices

b. Name/s of law firm/s and counsel/s involved in each of above cases.

c. Reason/s for above advice.

d. Please also supply full details, regards a, b and c above, of all/any
amounts paid in legal frees and or costs to law firm/s and counsel/s
since the 2004/2005 payment and up until the date this request is
answered.

In response:

The Disclosure Section has received a large number of other requests from
several parties dating from September 2009 onwards, these all concern
operations involving the specific case of the shooting of Martin
McGartland. Many of these have correctly been classed as vexatious. A
large number of the requests have come through the same web-site and it
would appear that these requestors have been acting in concert due to the
similarity, frequency and nature of the requests submitted. As you have
previously been advised, it is relevant to take into account the volume and
frequency of submissions when considering whether requests can fairly be
regarded as obsessive in nature. Many of the responses supplied by this
department have subsequently been followed up by further requests for
information or requests for internal reviews.

Section 14 - Freedom of Information Act 2000

Section 14 of the Freedom of Information Act does not oblige a public
authority to comply with a request for information if the request is deemed
as Vexatious.

Where a public authority has previously complied with a request for
information which was made by any person, it is not obliged to comply with
a subsequent identical or substantially similar request from that person.

An authority is not obliged to deal with requests that are manifestly
unreasonable or obsessive. The Information Commissioner’s Office (ICO)
guidance on vexatious requests states “there is a risk that some
individuals and some organisations may seek to abuse these new rights with
requests which are manifestly unreasonable. Such cases may well arise in
connection with a grievance or complaint which an individual is pursuing
against an authority. While giving maximum support to individuals genuinely
seeking to exercise the right to know, the ICO’s general approach will be
sympathetic towards authorities where a request, which may be the latest in
a series of requests, would impose a significant burden and can otherwise
be characterised as obsessive or manifestly unreasonable". It is clear that
a Freedom of Information request is not the appropriate arena within which
to air a grievance or progress a campaign against Northumbria Police.

Further to this, ICO guidance states “A request may not be vexatious in
isolation, but when considered in context (for example if it is the latest
in a long series of overlapping requests or other correspondence) it may
form part of a wider pattern of behaviour that makes it vexatious”.
Clearly your request when taken in context with the many other requests
received on this subject is part of an ongoing campaign that can be fairly
called vexatious in nature. Please note that it is the subject of the
request that can be declared vexatious rather than the requestor and it is
therefore relevant to take into account all other requests received and
subsequent responses issued on this matter.

As it is believed that you are acting as part of a campaign group it is
entirely appropriate to take into account the requests made by other
members of that group on the same subject.

Via the What Do They Know web-site, it is apparent that several requests
have been made to a number of different public bodies on this subject.
These requests would all appear to be from people acting in concert in an
attempt to raise a grievance against Northumbria Police.

Your request is clearly part of this campaign and it is very probable that
you are acting in concert with the other parties who have also submitted
requests to various public bodies relating to the same subject.

It is in the public domain that the investigation into the shooting remains
live. Any requests received regarding this ongoing investigation can fairly
be seen as designed to disrupt the normal business process (the ongoing
investigation). Any release of information which is likely to be to the
detriment of the legal process must be resisted at this time.

In conclusion I am satisfied that your request is of a vexatious nature and
I therefore must again advise you that further requests made under the Act,
for information relating to the incident in which Mr McGartland was shot
and any subsequent information relating to the investigation arising from
the incident, associated legal proceedings, and related matters will not be
acknowledged or responded to.

You should note that following this correspondence, we are not obliged to,
nor do we intend to, take any further steps in relation to this matter or
any further requests that you submit that are deemed to fall into the remit
of vexatious.

The information we have supplied to you is likely to contain intellectual
property rights of Northumbria Police. 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 is attached.

(See attached file: FOI Complaint Rights.doc)

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

Michael Cleugh
Data Protection and Disclosure Advisor
Direct Dial: 01661 868347

[NOT PROTECTIVELY MARKED]
NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

The information contained in this message and any attachment(s) is confidential and intended only for the attention of the named organisation or individual to whom it is addressed. The message may contain information that is covered by legal, professional or other privilege. No mistake in transmission is intended to waive or compromise any such privilege. This message has been sent over public networks and the sender cannot be held responsible for its integrity.

If you are not the intended recipient be aware that any disclosure, copying, distribution or action taken in reliance of the information contained herein is strictly prohibited, and is contrary to the provisions of the Copyright Designs and Patents Act, 1988 and of the Data Protection Act, 1998.

Any views expressed are those of the sender and, unless specifically stated, do not necessarily represent the view of Northumbria Police.

We cannot accept any liability for any loss or damage sustained as a result of software viruses. It is your responsibility to carry out such virus checking as is necessary.

If you have received this message in error, please notify the sender by e-mail at once and delete the message immediately.

For more information about Northumbria Police please visit our website - http://www.northumbria.police.uk

Gadawodd Martin McGartland anodiad ()

Get more info on the Martin McGartland case and the State Cover-up;

http://www.youtube.com/user/dufferpad

http://www.youtube.com/watch?v=zZ7zsUJYE...

www.martinmcgartland.co.uk