Clarity, Transparency & Acountability within HSENI

Paul steward made this Freedom of Information request to Health and Safety Executive for Northern Ireland

This request has been closed to new correspondence. Contact us if you think it should be reopened.

Dear Health and Safety Executive for Northern Ireland,

I want to ask some questions in relation to data collection and using information gathered information in a positive transparent way.

All questions are Gas Related

With reference to FOI 113/2018 the questioned asked was simply

Given that "HOW SAFE IS YOUR AREA" is not operational for Northern Ireland members of the public on the Gas Safe web site can HSENI disclose all the post code danger areas in relation to gas incidences to provide equality for our members of the public?

HSENI REPLY WAS
" HSENI DO NOT HOLD THIS INFORMATION"

1. What happens to the RIDDORs when they are received?
2. Why dont HSENI use the information to target areas which training may be required?
3. why dont HSENI use the information to target dangerous Gas Zones via postcodes?
4. why dont HSENI use the information to advise gas engineers what the main volume of RIDDORs are most related to such as COOKERS, FIRES, BOILERS as they do via Gas Safe web site but dont work for Northern Ireland Public or Gas Engineers?
5. What positive and informative way are the RIDDORs used to inform gas engineers and members of the public the areas of improvement which should be adopted?
6. Are the RIDDORs thrown in the bin once they have been received?
7.Why is there no feedback to gas engineers from HSENI in relation to the gas installations, servicing and repairs or has HSENI not received RIDDORs in this area base?
8. The disclosure of names and addresses can be detracted this would provide gas engineers valuable information and provide joinder between hseni and gas engineers
9. Why cant HSENI use the information via RIDDORs they clearly already have to provide a structured clear transparent use of the data gathered via the RIDDORs in a positive way to keep Northern Ireland Safer for all of us?
10. what is the positive purpose of holding this valuable information and not disclosing it to provide a safer environment for everyone in Northern Ireland?
11. Have HSENI been advised by others NOT TO DISCLOSE THIS INFORMATION
12. Can HSENI provide a clear reason why this information is not available given all RIDDORs which are received by yourselves?

My questions are in no way vexatious and all replies to be inline with the Parliamentary Ombudsman Office legislation of honesty and transparency

Yours faithfully,

Paul steward

DfE HSENI FOI, Health and Safety Executive for Northern Ireland

 

Dear Mr Steward,

 

FREEDOM OF INFORMATION ACT 2000

 

Reference: FOI/151/2018

 

 

I refer to your email dated 11 August 2018 to HSENI in which you pose a
series of questions under the above named act.

 

I acknowledge receipt of your request.  HSENI is currently working on this
and will be in touch with you once our response is complete.

 

 

If you have any queries regarding this email or your request please
contact HSENI by email to [1][HSENI request email] and remember to quote our
reference, FOI/151/2018, on any future correspondence.

 

Yours sincerely,

 

 

HSENI

Information Management Unit

 

References

Visible links
1. mailto:[HSENI request email]

O'Neill, Liam, Health and Safety Executive for Northern Ireland

 

Dear Mr Steward,

 

FREEDOM OF INFORMATION ACT 2000

 

 

I refer to your request for information under the above Act.

 

You asked us 12 separate (gas related) questions under the general topic
heading of Clarity, Transparency & Acountability within HSENI.

 

Your questions and the responses to them are listed below. As you can see
1 of the 12 questions falls within the scope of the FOIA (and this is a
repeat request) the remainder have been responded to under general line of
business (LOB) queries/questions.

 

1.   What happens to the RIDDORs when they are received?

 

a.    FOI response - This is a repeat request. This question has
previously been answered in our response to Question 9 and 10 of
FOI/81/2018 (your request dated 25/5/2018).

 

2.   Why dont HSENI use the information to target areas which training may
be required?

 

a.    LOB response - HSENI investigate RIDDOR notifications in accordance
with the HSENI enforcement policy and take appropriate action, including
where training / re-training is required.

 

3.   Why dont HSENI use the information to target dangerous Gas Zones via
postcodes?

 

a.    LOB response - HSENI target those whose activities give rise to the
most serious risks.

 

4.   Why dont HSENI use the information to advise gas engineers what the
main volume of RIDDORs are most related to such as COOKERS, FIRES, BOILERS
as they do via Gas Safe web site but dont work for Northern Ireland Public
or Gas Engineers?

 

a.    LOB response - Information on the Gas safe website related to
appliances has relevance for both gas engineers in NI and GB.

 

5.   What positive and informative way are the RIDDORs used to inform gas
engineers and members of the public the areas of improvement which should
be adopted?

 

a.    LOB response - Key safety messages are communicated via the HSENI
website, social media, events, etc.

 

6.   Are the RIDDORs thrown in the bin once they have been received?

 

a.    No. All RIDDORs received are reviewed and selected for investigation
using the HSENI enforcement policy.

 

7.   Why is there no feedback to gas engineers from HSENI in relation to
the gas installations, servicing and repairs or has HSENI not received
RIDDORs in this area base?

 

a.    LOB response - Feedback is provided where it is warranted and
required.

 

8.   The disclosure of names and addresses can be detracted this would
provide gas engineers valuable information and provide  joinder between
hseni and gas engineers?

 

a.    LOB response - This suggestion is noted.

 

9.   Why cant HSENI use the information via RIDDORs they clearly already
have to provide a structured clear transparent use of the data gathered
via the RIDDORs in a positive way to keep Northern Ireland Safer for all
of us?

 

a.    LOB response - The HSENI Enforcement Policy is very clear and
clarifies how information contained in RIDDOR notifications is used.

 

10.                What is the positive purpose of holding this valuable
information and not disclosing it to provide a safer environment for
everyone in Northern Ireland?

 

a.    LOB response - See answer to Q9.

 

11.                Have HSENI been advised by others NOT TO DISCLOSE THIS
INFORMATION?

 

a.    LOB response - No.

 

12.                Can HSENI provide a clear reason why this information
is not available given all RIDDORs which are received by yourselves?

 

a.    LOB response - HSENI communicates safety messages to the public,
employees, employers and the self-employed as and when there is a need to
do so, resulting from RIDDOR reports, incident investigations, inspections
and complaints.

 

I would also take this opportunity to advise you that since May 2018 to date, we
have received over 250 questions from you on this or similar themes and I would
like to take this opportunity to draw your attention to the fact that these
frequent and often repeated/overlapping requests are becoming increasingly
burdensome for HSENI and in particular the Major Hazards, Gas and Transport team
to deal with. This persistent practice is taking up an ever increasing amount of
staff time to the disadvantage of other correspondents and the carrying out of
core functions and if it continues we will have little choice but to invoke our
policy in relation to ‘Persistent complainants and vexatious complaints’ (see
advice on HSENI website at :
[1]https://www.hseni.gov.uk/complaints-abou...). This may lead us to decide
to cease corresponding with you.

If you have any queries about this email, please contact me. Please
remember to quote the reference number above in any future communications.

 

I trust that this is of some assistance however if you are dissatisfied
with the way in which HSENI has handled your request, please go to the
HSENI website at the following web address which explains the actions that
are available to you:

 

·         [2]https://www.hseni.gov.uk/information-acc...

 

Yours Sincerely

 

Liam O'Neill
Information Manager
Tel: 028 9054 7088 (ext: 47088)
[mobile number]

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References

Visible links
1. https://www.hseni.gov.uk/complaints-abou...
2. https://www.hseni.gov.uk/information-acc...
3. http://www.hseni.gov.uk/
4. https://www.facebook.com/hseni.gov.uk
5. https://twitter.com/Hsenigov

Dear O'Neill, Liam,

your replies to my request were purposefully shallow in information and I believe the posed questions were not answered fully and information provided were not accurate and misleading.

2. Why dont HSENI use the information to target areas which training may
be required?

a. LOB response - HSENI investigate RIDDOR notifications in accordance
with the HSENI enforcement policy and take appropriate action, including
where training / re-training is required.

how many times has retraining been recommended within the last 3 years, amount of people this has effected, how many repeated retraining were listed?

3. Why dont HSENI use the information to target dangerous Gas Zones via
postcodes?

a. LOB response - HSENI target those whose activities give rise to the
most serious risks.
what are the most serious risks within the gas industry in the last 3 years and what has HSENI done to address these dangers,?

4. Why dont HSENI use the information to advise gas engineers what the
main volume of RIDDORs are most related to such as COOKERS, FIRES, BOILERS
as they do via Gas Safe web site but dont work for Northern Ireland Public
or Gas Engineers?

a. LOB response - Information on the Gas safe website related to
appliances has relevance for both gas engineers in NI and GB.

The above information is inaccurate and misleading the "How safe is your area" on the Gas Safe web site does not work in Northern Ireland therefore this is not relevant to engineers and members of the public which is unacceptable what are HSENI doing to rectify this problem which has been ongoing for years and ignored by HSENI.

5. What positive and informative way are the RIDDORs used to inform gas
engineers and members of the public the areas of improvement which should
be adopted?

a. LOB response - Key safety messages are communicated via the HSENI
website, social media, events, etc.

Please provide evidence of who, why , where and when in the last 3 years that HSENI have carried out the above in relation to gas associated topics?

7. Why is there no feedback to gas engineers from HSENI in relation to
the gas installations, servicing and repairs or has HSENI not received
RIDDORs in this area base?

a. LOB response - Feedback is provided where it is warranted and
required.
in the last 3 years how many times has warranted feedback been provided to gas engineers and what action has HSENI taken, also amount of people which have been involved?

I would also like to take this opportunity to advise HSENI the volume of questions/enquiries is in direct relation to the lack of engagement from HSENI and the coal face gas engineers I would like to take this opportunity for a meeting between trade members and senior figures within HSENI to openly discuss issues of which we are both passionate about and between us ultimately "save lives". Please advise me of a date and time within your building where we would be only too pleased to engage and discuss relevant topics.

currently decisions are being made without gas engineers involvement which directly effect gas engineers this morally is wrong and engineers want input into the decision making.
unfortunately for gas engineers in Northern Ireland using FOI requests is our only source of direct communication with our governing body this is why a meeting would help us both.

we hope you can clarify the above and be more informative with your replies also please send me an invitation of engagement where I would be happy to discuss.

Yours sincerely,

Paul steward

Dear Health and Safety Executive for Northern Ireland,

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

I am writing to request an internal review of Health and Safety Executive for Northern Ireland's handling of my FOI request 'Clarity, Transparency & Acountability within HSENI'.

[ Please answer all questions fully with transparency and honesty in line with the Government Ombudsman Office Legislation ]

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

Yours faithfully,

Paul steward

DfE HSENI FOI, Health and Safety Executive for Northern Ireland

 

Dear Mr Steward

 

 

I acknowledge receipt of your recent e-mail to The Health and Safety
Executive for Northern Ireland (HSENI) received on 12 October 2018.

 

I can confirm this has been passed to HSENI’S FOI Reviewer for their
attention.

 

 

Yours sincerely

 

Laura Donnelly

Information Management Unit

 

 

O'Neill, Liam, Health and Safety Executive for Northern Ireland

Dear Mr Steward,

 

FREEDOM OF INFORMATION ACT 2000 (FOIA)

 

I refer to your request/s for information under the general topic heading
of ‘Clarity, Transparency & Acountability within HSENI’ and received into
this office on 05 October 2018.

 

These requests where additional questions you submitted in follow up to a
previous response from HSENI (FOI/151/2018).

 

FREEDOM OF INFORMATION REQUESTS

 

Section 14(1) of the Freedom of Information Act 2000 does not oblige a
public authority to comply with a request for information if the request
is vexatious. After careful consideration of your requests HSENI considers
them to be vexatious and we will not be responding.

 

I would refer you to the ICO guidance (copied below for ease of reference)
with regard to a requestor who submits numerous requests. I consider this
to clearly demonstrate the situation with yourself and hence this
vexatious condition applies. The vexatious conditions set out to you in my
email of 17/10/2018 in response to FOI/153/2018 also apply to these series
of requests.

 

58. A request which would not normally be regarded as vexatious in
isolation may assume that quality once considered in context. An example
of this would be where an individual is placing a significant strain on an
authority’s resources by submitting a long and frequent series of
requests, and the most recent request, although not obviously vexatious in
itself, is contributing to that aggregated burden.

 

59. The requester’s past pattern of behaviour may also be a relevant
consideration. For instance, if the authority’s experience of dealing with
his previous requests suggests that he won’t be satisfied with any
response and will submit numerous follow up enquiries no matter what
information is supplied, then this evidence could strengthen any argument
that responding to the current request will impose a disproportionate
burden on the authority.

 

LINE OF BUSINESS REQUESTS

 

The remainder of your requests fall to be considered against our LOB
regime and I can advise you that (as per my emails of 04 October 2018 –
FOI/151/2018 and 17/10/2018 - FOI/153/2018) HSENI has invoked it’s policy
in relation to “Vexatious complaints, enquiries, unreasonable and abusive
behaviour policy” (copy attached) with regard to this series of requests
and subsequently we will not be corresponding with you further on this
matter.

 

With regard to your request for a meeting, a separate email will issue to
you in due course.

 

If you have any queries about this email, please contact me. Please
remember to quote the reference number above in any future communications.

 

I hope you find this information useful, but if you are dissatisfied with
the way in which HSENI has handled your request, please go to
[1]https://www.hseni.gov.uk/information-acc... which explains
the actions that are available to you.

 

 

Yours sincerely

 

 

Liam O'Neill
HSENI
83 Ladas Drive
Belfast, BT6 9FR
Tel: 028 9054 7088 (ext: 47088)
[mobile number]
TextRelay: 18001 028 9054 7088
Web: [2]www.hseni.gov.uk

Please consider the environment - do you really need to print this e-mail?

References

Visible links
1. https://www.hseni.gov.uk/information-acc...
2. http://www.hseni.gov.uk/

Dear Health and Safety Executive for Northern Ireland,

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

I am writing to request an internal review of Health and Safety Executive for Northern Ireland's handling of my FOI request 'Clarity, Transparency & Acountability within HSENI'.

[All I want are my questions answered HSENI this yet again demonstrates another clear example of HSENI taking the maximum 20days to reply to submitted FOI requests and failing to disclose information which should be exposed to the public after all this is information we are ALL lawfully entitled too ! Please carry out an internal review as requested otherwise I will have no choice but to submit another non compliance request to the ICO against HSENI ]

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

Yours faithfully,

Paul steward

DfE HSENI FOI, Health and Safety Executive for Northern Ireland

1 Attachment

 

Dear Mr Steward,

 

HSENI – Internal Review of FOI/151/2018

 

Please see the attached document in response to your request for an
internal review.

 

Yours sincerely,

 

L Donnelly
Information Management Unit

 

Dear DfE HSENI FOI,

As usual a clear avoidance to answer questions, concealment and secrets are rife within this organisation.

Yours sincerely,

Paul steward