Re; 'Thieving councillor' Let Off By 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.

Martin McGartland

Dear Northumbria Police,

I am requesting the following information under FOIA concerning Councillor Ivor Dixon; http://www.berwick-advertiser.co.uk/news...

Please supply me with the following;

1. When was Councillor Ivor Dixon first reported to Northumbria Police and by whom?

2. It is reported within attached report that; 'The former fireman was subsequently arrested and taken to Berwick police station where he admitted taking around £945 over a prolonged period of time.' Did Berwick Garden Centre or any other third parties report any other (or higher) amounts as being stolen over and above the £945? If so, please supply full details.

3. What date did Northumbria Police first speak to Councillor Ivor Dixon and what date was he arrested?

4. The news report stated that; A spokesman for Northumbria Police said: “Mr Dixon was cautioned for theft from his employer on August 28 after fully admitting the offence." How long was Councillor Ivor Dixon held for by NP, did Councillor Dixon at any time request a Solicitor?

5. A Northumbria Police spokesman says in the news report that; “He had never been brought to the police’s attention before and he has since repaid some of the money so a decision was taken in the public interest to issue a caution.” How much of the £945.00 has Councillor Dixon paid back and when did he pay those monies, what date(s)?

Yours faithfully,

Martin McGartland

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 17 October 2011.

Yours sincerely

Helen Robbins

Disclosure Section

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NORTHUMBRIA POLICE PRIVACY AND CONFIDENTIALITY NOTICE

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Gadawodd Jeff Hayward anodiad ()

I wonder just how many other Police forces make up the rules as they go along or is it just Northumbria Police who do this !

Gadawodd Martin McGartland anodiad ()

Northumbria Police use 'Vexatious' card when they are lying and cover-ing-up. Have you seen this; http://www.youtube.com/watch?v=iNFhRJ1zs...

https://www.facebook.com/MartinMcGartland

https://www.facebook.com/pages/Northumbr...

www.martinmcgartland.co.uk

Gadawodd dennis fallon anodiad ()

Time for Joe Public to wake and tell their friends about how the `system` works.It`s a disgrace.

Off duty Policeman involved in hit-and-run, with several witnesses, gets case dropped in court by Judge without any good reason.
http://www.whatdotheyknow.com/request/po...

Gatso speed cameras are unreliable and were never really type Approved by the Home Office, but they cannot afford to admit it.Many clips, but see
http://www.youtube.com/user/denny174

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 18 September 2011 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:

I am requesting the following information under FOIA concerning Councillor
Ivor Dixon;

http://www.berwick-advertiser.co.uk/news...

Please supply me with the following;

1.        When was Councillor Ivor Dixon first reported to Northumbria
Police and by whom?

2.        It is reported within attached report that; The former fireman
was subsequently arrested and taken to Berwick police station where he
admitted taking around £945 over a prolonged period of time.  Did Berwick
Garden Centre or any other third parties report any other (or higher)
amounts as being stolen over and above the £945?  If so, please supply
full details.

3.        What date did Northumbria Police first speak to Councillor Ivor
Dixon and what date was he arrested?

4.        The news report stated that; A spokesman for Northumbria Police
said: “Mr Dixon was cautioned for theft from his employer on August 28
after fully admitting the offence." How long was Councillor Ivor Dixon
held for by NP, did Councillor Dixon at any time request a Solicitor?

5.        A Northumbria Police spokesman says in the news report that; “He
had never been brought to the police’s attention before and he has since
repaid some of the money so a decision was taken in the public interest to
issue a caution.” How much of the £945.00 has Councillor Dixon paid back
and when did he pay those monies, what date(s)?

In response:

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

I can confirm that the information you have requested is held by
Northumbria Police.

However, we are unable to disclose the information requested as it is the
personal data of Councillor Dixon, and by withholding the information we
will rely on the following exemption:

Section 40(2) - Personal Information

The Data Protection Act (DPA) covers the processing of personal data about
a living individual.  Sensitive personal data is defined in Section 2 of
the DPA as personal data which falls into one of several categories
including:-
        (g) information as to the commission or alleged commission of any
offence, and
        (h) any proceedings for any offence committed or alleged to have
been committed, the disposal of such proceedings or the sentence of any
court in such proceedings.

Schedule 3 of the DPA states that sensitive personal data can only be
processed if at least one of the following conditions is met:
        - Explicit consent has been given by the individual
        - Processing is required to comply with employment legislation
        - Processing is necessary in connection with legal proceedings
        - Processing is necessary for the administration of justice
        - Processing is necessary for medical reasons
        - Processing is necessary for ethnic monitoring

A previous Decision Notice relating to personal information states that
‘…the complainant requested information concerning the arrest of the named
individual.  Due to the nature of the information requested such
information would, if held, reveal information about the commission or
alleged commission by him of an offence'.  In this case the Commissioner
was satisfied that information within the scope of the request would, if
held, fall within the definition of sensitive personal data.  ICO v
Metropolitan Police Service – FS50169737

Additionally in the above case the complainant argued that the requested
information is already in the public domain, having been widely reported
in the media.  While the Commissioner takes the view that most exemptions
under FOI Act will not usually apply to information which is in the public
domain, that general position does not apply to information which
constitutes personal data (and is therefore subject to Section 40).  The
reason is that personal data is subject to the separate legal regime of
the DPA, which focuses on legitimate ‘processing’.

In relation to this request to process any information relating to the
Councillor’s case would be unlawful under Schedule 3 of the DPA thereby
engaging Section 40(2), by virtue of 40(3).  This is a class based
absolute exemption, however when refusing information under sub-section
(2) there is a requirement to articulate to the applicant the DPA
principles which disclosure would breach.  Clearly it would not be fair or
lawful to release into the public domain information relating to the
Councillor’s conviction.

You should consider this to be a refusal under section 17 of the Act for
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 -
[1]http://www.northumbria.police.uk

References

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

Gadawodd Martin McGartland anodiad ()

The CLOSED shop. You scratch my back and I'll scratch yours ...

This is the type of cosy relationship that has existed between Northumbria Police and councillor's ... closed shop. It is a case of you scratch my back and I'll scratch yours.

www.martinmcgartland.co.uk

Gadawodd Martin McGartland anodiad ()

Sue Sim and Northumbria Police said FOI request relating to Martin McGartland attempted murder case was 'Vexatious'. The Information Commissioner has issued a Decision Notice against Sue Sim and Northumbria Police which states, 'The Commissioner
finds that the force incorrectly applied section 14(1) to the request. He requires the public authority to respond to the request in accordance with the provisions of section 1 of the Act within 35
calendar days.' That complain was upheld by the Information-Commissioner, Decision Notice: http://www.scribd.com/doc/72333438/Sue-S...

www.martinmcgartland.co.uk