Police Ombudsman for Northern Ireland - Martin McGartland kidnapping (carried out by convicted PIRA terrorists Jim McCarthy (CRJ/IRA) and Paul 'Chico' Hamilton.

Martin McGartland (Ataliwyd y cyfrif) made this Rhyddid Gwybodaeth request to Police Ombudsman for Northern Ireland

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 Police Ombudsman for Northern Ireland.

Martin McGartland (Ataliwyd y cyfrif)

Dear Police Ombudsman for Northern Ireland,

In an email sent to my by PONI the following was included;

"The Police Ombudsman has held a general long standing policy that he/she will not confirm or deny whether any persons identified in the course of our investigations are informants and this extends to not identifying or naming an informant. This is in line with the requirements of the Human Rights Act."

I am requesting the following information under the FOIA 2000 and also all other rights of access;

1. Copies of all Police Ombudsman policy document/s relating to or concerning above.

Yours faithfully,

Martin McGartland

www.martinmcgartland.co.uk

Gadawodd Martin McGartland (Ataliwyd y cyfrif) anodiad ()

Martin McGartland's PIRA kidnapping and his PIRA attempted murder are both being covered-up by British State;

http://youtu.be/1hMvBlie4cc

PPS Cover-up: https://www.facebook.com/pages/The-Publi...

PSNI - DI Karen Baxter Cover-up: https://www.facebook.com/pages/Chief-Ins...

http://www.scribd.com/doc/protected/4871...

www.martinmcgartland.co.uk

Info, Police Ombudsman for Northern Ireland

Mr. McGartland

We have been unable to find any written policy regarding the issue of
confirming or denying whether any persons identified in the course of
our investigations are informants.

However, the Office is restricted by law in this area. Section 63 of the
Police (Northern Ireland) Act 1988 section 1 (e) says that the Office
shall not indentify a person from whom information was received or any
person to whom it relates.

The Office has long taken the view that the interests of the public are
best served by maintain a police complaints system where the
participation of complainants, police officers, witnesses, informants,
suspects and offenders is reliant upon ensuring, as far as we can, their
confidentiality. Providing such information could have the effect of
deterring other potential complaints and witnesses and deterring the
disclosure of information to the Office.

Yours Sincerely,
Freedom of Information Unit

dangos adrannau a ddyfynnir

Martin McGartland (Ataliwyd y cyfrif)

Dear Info,

I am not requesting an internal review at this stage. You say;

"We have been unable to find any written policy regarding the issue of confirming or denying whether any persons identified in the course of our investigations are informants."

Please explain what you mean by; 'We have been unable to find any written policy ...' This sort of thing happens when people want to hide, conceal such information. Is the policy document, recorded information 'lost' in your building? Are the PONI saying they do not have such a policy? I need you to deal with these matters as you have not dealt with my request correctly nor within the law.

Please ensure that you release all of the non exempt recorded information I have requested. You reply has in no way dealt with my request.

Yours sincerely,

Martin McGartland

Martin McGartland (Ataliwyd y cyfrif)

Dear Info,

I am not requesting an internal review at this stage, however, I'm concerned that the PONI are not dealing with this request correctly nor within the law and or the FOIA. You will be aware that by you the PONI much release all requested non exempt recorded information within 20 working days.

I'm also confused by your reply, are the PONI saying there is no such policy? On 1st June 2012 the PONI wrote to me and they stated following within their email:

"The Police Ombudsman has held a general long standing policy that he/she will not confirm or deny whether any persons identified in the course of our investigations are informants and this extends to not identifying or naming an informant."

Will you please release all recorded information the PONI hold under FOIA and all other rights of access concerning;

" ... a general long standing policy that he/she will not confirm or deny whether any persons identified in the course of our investigations are informants ..."

Yours sincerely,

Martin McGartland

www.martinmcgartland.co.uk

Info, Police Ombudsman for Northern Ireland

Martin,

The spirit of the Freedom of Information Act it to provide greater
access to written documentation and other recorded data held by public
organisations.

When we say we have been unable to find any written policy on this
matter, we mean that literally: this Office does not appear to have a
written policy on confirming or denying the identity of individuals.

I hope this clarifies.

Freedom of Information Unit.

dangos adrannau a ddyfynnir

Martin McGartland (Ataliwyd y cyfrif)

Dear Info,

No, not at all. You are not dealing with my FOI request correctly.

I included text that was taken from a PONI email that they sent to me. The email states;

"The Police Ombudsman has held a general long standing policy that he/she will not confirm or deny whether any persons identified in the course of our investigations are informants and this extends to not identifying or naming an informant. This is in line with the requirements of the Human Rights Act."

So are you telling me that this is wrong, that there is no such policy? Under the FOIA 200O (S.16) I am now requesting your 'Advice and assistance'. Please supply me with a detailed explanation and also clarify what you mean. You may want to speak with your Mr Warren McCully before replying. It was he that sent me the email that included the above.

Nothing seems to have changed within PONI, it is still, in my view, controlled by NOI, HMG and MI5. I note Dr Michael Maguire (New Police Ombudsman) told the BBC that; all investigations would be "free from police, governmental or any sectional community interest." and that; "The police complaints system must be wholly independent if it is to have the confidence of the public and the police.

"While we will listen to the views of others on improvements to the service we provide to the community, no-one should be in any doubt that the decisions and conclusions reached in individual complaints will be a matter for my office and my office alone," Link here: http://www.bbc.co.uk/news/uk-northern-ir...

I must ask that you, PONI please make Dr Michael Maguire aware of my cases. I say there is NIO, HMG, PSNI (Special Branch) and also MI5 involvement in my cases, complaints. I have little or no faith in PONI.

Yours sincerely,

Martin McGartland

www.martinmcgartland.co.uk

Info, Police Ombudsman for Northern Ireland

Mr McGartland,
 
I write in response to your e mail of 30 July.
 
The Freedom of Information Act aims to help provide greater access to
written documentation and other recorded data held by public
organisations.

When we say we have been unable to find any written policy on this matter,
we mean that literally: this Office does not appear to have a written
policy on confirming or denying the identity of individuals.

I hope this clarifies.

Freedom of Information Unit.

 

Martin McGartland (Ataliwyd y cyfrif)

Dear Info,

You have still not dealt with my request correctly nor within the law.

I hear what you say, however, if you are correct why has Warren McCully of the PONI written to me stating:
"The Police Ombudsman has held a general long standing policy that he/she will not confirm or deny whether any persons identified in the course of our investigations are informants and this extends to not identifying or naming an informant. This is in line with the requirements of the Human Rights Act." ?

I am not requesting an internal review at this stage, but I am requesting your advice and assistance, under section 16 of the FOIA, i.e it states;

"• to clarify unclear requests;
• to help to provide the information requested in an acceptable format;
• to narrow responses which exceed the cost limit (section 12);
• when the exemptions for information which is accessible to the applicant by other means (section 21) or for information intended for future publication (section 22), have been applied; and
• when their request is transferred to another public authority because the information is held by it, and not by you"

So that this request can be dealt with correctly I must request that your department contact Mr McCully directly so this important issue can be clarified and so that my request can be dealt with correctly and also within the law.

I am concerned that your department has not already spoken with Mr McCully about this request. In any event the above clearly shows there is a difference between what you are saying and what Mr McCully has stated, as above, in his email to me.

I would ask that you now deal with this matter and ensue I am supplied a detailed explanation.

Yours sincerely,

Martin McGartland

www.martinmcgartland.co.uk

Martin McGartland (Ataliwyd y cyfrif)

Dear Info,

I note that you have still not replied nor have you contacted Mr Warren McCully regards this matter.

I am now requesting an Internal review. I also want you to deal with the long delay in dealing with this request, the ignoring of my correspondence and your refusing to investigate and/or deal with this request correctly and within the law. I hope you will now deal with all of the above issues as I will be making a complaint to the ICO and also taking matters further.

I will await the outcome of this Internal Review.

Yours sincerely,

Martin McGartland

www.martinmcgartland.co.uk

Info, Police Ombudsman for Northern Ireland

Dear Mr. McGartland,

The Office has reviewed the handling of your initial Freedom of Information request. It confirms that it does not have a written policy on the issue of whether it should confirm or deny the identity of individuals and therefore cannot provide you with such a policy.

We realise you may not be satisfied with this response and recognise you may now choose to take the matter to the Information Commissioner's Office.

Yours sincerely,

Freedom of Information Unit.

dangos adrannau a ddyfynnir

Martin McGartland (Ataliwyd y cyfrif)

Dear Info,

I first wrote to you about this matter, as above, as long ago as June 2012 as follows;

"Dear Police Ombudsman for Northern Ireland,

In an email sent to my by PONI the following was included;

"The Police Ombudsman has held a general long standing policy that he/she will not confirm or deny whether any persons identified in the course of our investigations are informants and this extends to
not identifying or naming an informant. This is in line with the requirements of the Human Rights Act."

I am requesting the following information under the FOIA 2000 and also all other rights of access;

1. Copies of all Police Ombudsman policy document/s relating to or concerning above."

However, to date you are still refusing to supply me with the details I have been requesting and also are failing to deal with what your Mr Warren McCully informed me in an email. It is clear that either you are covering-up such information or that Mr McCully has deliberately mislead me in his email. I have asked that you speak to him abut same, you have refused to deal with that too. Can you now do so.

You included following in your 14th Jan 2013 reply;

"The Office has reviewed the handling of your initial Freedom of Information request. It confirms that it does not have a written policy on the issue of whether it should confirm or deny the identity of individuals and therefore cannot provide you with such a policy."

You continue to state that 'does not have a written policy'. Do you have any kind of policy (written, verbal etc)?? If so, please supply that recorded information to me.

I have to say that I am very concerned by what your Mr Warren McCully included in his email to me, as above, on this subject. It is very clear that someone is not telling the truth.

I await your reply.

Yours sincerely,

Martin McGartland

Martin McGartland (Ataliwyd y cyfrif)

Dear Info,

Can you please confirm that your dealing with my request.

Yours sincerely,

Martin McGartland

www.martinmcgartland.co.uk - Highlighting serious State corruption in the Martin McGartland cases