Mr P Steward,
16 November 2018
Dear Sir,
HSENI - Internal Review of FOI/155/2018
I refer to your request dated 19 October 2018 in which you asked for a review of the
handling of your request under the Freedom of Information Act. A report on the review
is attached at
Annex A.
If you are dissatisfied with this response, it is open to you to complain to the
Information Commissioner at the following address:
Information Commissioner’s Office,
Wycliffe House,
Water Lane, Wilmslow,
Cheshire,
SK9 5AF.
Alternatively, you can email them a
t xxxxxxxx@xxx.xxx.xx.
Yours faithfully,
LOUIS BURNS
Health & Safety Executive
Northern Ireland
83 Ladas Drive, Belfast BT6 9FR, Northern Ireland
Telephone: 02890 9024 3249 Facsimile: 028 9023 5383
Emai
l: xxxxx@xxxxxx.xxx.xx Web: www.hse-ni.org.uk
Annex A
Review of FOI Request – FOI/155/2018
Reviewer:
Louis Burns
Requester:
P. Steward
Date of original FOI Request:
20 September 2018
Date of Review Request:
19 October 2018
Date of Review:
16 November 2018
----------------------------------------------------------------------------------------------------------
1. The original FOI request had seven questions (seventeen in total as a number of the
questions had sub questions). This request was received on 20 September and
acknowledged on 20 September 2018.
2. The FOI request was responded to on 19 October (09:41). The request for a review
was received on 19 October 2018 (09:54).
3. Question 1 was a line of business question and fell outside the scope of the
Freedom of Information Act.
4. Question 2 was a line of business question and fell outside the scope of the
Freedom of Information Act.
5. Question 3 was a line of business question and fell outside the scope of the
Freedom of Information Act.
6. Question 4 was a line of business question and fell outside the scope of the
Freedom of Information Act.
7. Question 4(a) was a line of business question and fell outside the scope of the
Freedom of Information Act.
8. Question 4(b) was a line of business question and fell outside the scope of the
Freedom of Information Act.
9. Question 4(c) was a line of business question and fell outside the scope of the
Freedom of Information Act.
10. Question 4(d) was a line of business question and fell outside the scope of the
Freedom of Information Act.
11. Question 4(e) was a line of business question and fell outside the scope of the
Freedom of Information Act.
12. Question 5 was a line of business question and fell outside the scope of the
Freedom of Information Act.
13. Question 6 asked, “
This is gas safety week which has ran from the 17th to the 23rd of
September 2018 what has HSENI done specifically for this week to promote
awareness and the dangers involved with gas such as Carbon Monoxide
Awareness, Boiler SERVICING Reminders, Staying Gas Safe in your own home
given the recent deaths of Carbon Monoxide poisoning and explosions which have
happened within the last 2 months in Northern Ireland this should be a hot topic for
HSENI and what costs in pounds have been incurred to support this promotion”.
This question was not answered as it was considered to be vexatious. A lengthy
explanation was given for this decision. I am content the decision taken in
responding to this question was proportionate, justified and correct.
14. Question 7 asked, “
In relation to Temple Hall site where the builder of those
properties were found to engage in unregistered gas safe installations. why did
HSENI not visit the site under the NI10 works notification prior to
whistleblowing?”. This question was not answered as it was considered to be
vexatious. A lengthy explanation was given for this decision. I am content the
decision taken in responding to this question was proportionate, justified and
correct.
15. Question 7(b) asked, “
What prosecutions from HSENI have been brought against
the builder at Temple Hall site? this will clearly demonstrate to other builder that
this action is not tolerated by HSENI?”. This question was not answered as it was
considered to be vexatious. A lengthy explanation was given for this decision. I am
content the decision taken in responding to this question was proportionate,
justified and correct.
16. Question 7(c) was a line of business question and fell outside the scope of the
Freedom of Information Act.
17. Question 7(d) was a line of business question and fell outside the scope of the
Freedom of Information Act.
18. Question 7(e) was a line of business question and fell outside the scope of the
Freedom of Information Act.
19. Having reviewed the responses to the original FOI request I am of the opinion that
the approach taken was justified and all the answers given were appropriate and
correct.
20. A response to the review request will be sent to Mr Steward on 16 November 2018.
Louis Burns.
16 November 2018.