Dear Police Service of Northern Ireland,

Can you confirm if Councillor Paul Porter reported the comments highlighted in the images of this tweet to the PSNI for investigation and if so when was this reported.

https://twitter.com/grumpyfactcheck/stat...

Please note in correspondence with the Electoral Commission they have confirmed that they have not received a report and that we should report these comments to the PSNI. I have reported this with additional information to the PSNI via a third-party with additional information.

The reason I would like to be aware of the reporting of this incident by Paul is that by liking the comment Paul clearly read the comment. As an elected representative as part of his code of conduct he has an obligation to uphold the law and therefore a report to the Commissioner of Standards may be required.

I have asked Paul Porter to confirm if he reported the comments however he and the DUP have not responded to these queries therefore leading to having to request this information via FOI.

Yours faithfully,

Gary Clarke

Police Service of Northern Ireland

This e-mail has been marked OFFICIAL [PUBLIC];

25th October 2017

Dear Mr. Clarke,

FREEDOM of INFORMATION ACT 2000

I write in connection with your request for information dated 25th October
2017 which was received by the Police Service of Northern Ireland (PSNI)
on 25th October 2017.  I note you seek access to the following
information:

Complaint by Councillor Paul Porter

This request will be dealt with under the terms of the Freedom of
Information Act 2000. A response should be sent to you within 20 working
days, no later than 22nd November 2017. However, I would like to advise
you that PSNI are currently experiencing a delay in the processing of
requests and we aim to respond to your request as soon as possible. The
Freedom of Information team will advise you in writing if there are any
delays in responding to your request and will keep you advised of
progress.

If your request is unclear and clarification is required the 20 day
legislative time limit dictated by the Freedom of Information Act 2000
will be stopped until we receive clarification of your request. The ICO
guidance at paragraph 40 of the link below sets out that the clock begins
anew the day after the clarification is received. It states

“If the requester subsequently provides enough detail to enable the
authority to identify and locate the information, then the authority must
respond to the clarified request within a new 20 working day time limit
with the ‘clock’ starting the day after it receives the required
clarification. “

The link for this is:

[1]https://ico.org.uk/media/for-organisatio...

In the event where the cost of complying with the request would exceed the
“appropriate level”, which is fixed at £450, as stated in the Freedom of
Information Regulations 2004, it is the policy of the PSNI to close the
request. You will however be notified of this decision and given an
opportunity to refine and resubmit the request.

If your request requires either full or partial transference to another
public authority in order to answer your query, again, you will be
notified.

If you have any queries regarding your request please write or contact the
Freedom of Information Team on 028 9070 0164. Please remember to quote the
reference number listed above in any future communications with the
Freedom of Information Team.

If you are dissatisfied in any way with the handling of your request, you
have the right to request a review. You should do this as soon as
possible, or in any case within two months of the date of issue of this
letter. In the event that you require a review to be undertaken, you can
do so by writing to the Head of Freedom of Information, PSNI Headquarters,
65 Knock Road, Belfast, BT5 6LE or by emailing [email address]. 

If following an internal review, carried out by an independent decision
maker, you were to remain dissatisfied in any way with the handling of the
request you may make a complaint, under Section 50 of the Freedom of
Information Act, to the Information Commissioner’s Office and ask that
they investigate whether the PSNI has complied with the terms of the
Freedom of Information Act.  You can write to the Information Commissioner
at Information Commissioner’s Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF. In most circumstances the Information
Commissioner will not investigate a complaint unless an internal review
procedure has been carried out, however the Commissioner has the option to
investigate the matter at his discretion.

Yours sincerely,

FOI Decision Maker
FOI Unit
PSNI HQ Brooklyn

References

Visible links
1. https://ico.org.uk/media/for-organisatio...

Police Service of Northern Ireland

1 Attachment

This e-mail has been marked OFFICIAL [PUBLIC];

Subject:    FOI-2017-02985
1^st November 2017

Dear Mr. Clarke,

FREEDOM of INFORMATION ACT 2000

I write in connection with your request for information dated 25th October
2017 which was received by the Police Service of Northern Ireland on 25th
October 2017 concerning:

Complaint Reported  

Please find attached response to your request.

 

Yours sincerely,

Jane

FOI Decision Maker
FOI Unit
PSNI HQ Brooklyn

Dear Police Service of Northern Ireland,

Many thanks for your speedy response.

If I could process a new request and rephrase the request to avoid personal information.

If I can ask if you have received any complaints / reports of a crime for investigation regarding the comments posted on Facebook as previously mentioned in the twitter link from any person up to and including September 2017.

Yours faithfully,

Gary Clarke

Police Service of Northern Ireland

This e-mail has been marked OFFICIAL [PUBLIC];

2nd November 2017

Dear Mr. Clarke,

FREEDOM of INFORMATION ACT 2000

I write in connection with your request for information dated 1st November
2017 which was received by the Police Service of Northern Ireland (PSNI)
on 1st November 2017.  I note you seek access to the following
information:

Complaints Reported Ref Post On Facebook

This request will be dealt with under the terms of the Freedom of
Information Act 2000. A response should be sent to you within 20 working
days, however I would like to advise you that PSNI are currently
experiencing a delay in the processing of requests and we aim to respond
to your request as soon as possible. The Freedom of Information team will
advise you in writing if there are any delays in responding to your
request and will keep you advised of progress.

If your request is unclear and clarification is required the 20 day
legislative time limit dictated by the Freedom of Information Act 2000
will be stopped until we receive clarification of your request. The ICO
guidance at paragraph 40 of the link below sets out that the clock begins
anew the day after the clarification is received. It states

“If the requester subsequently provides enough detail to enable the
authority to identify and locate the information, then the authority must
respond to the clarified request within a new 20 working day time limit
with the ‘clock’ starting the day after it receives the required
clarification. “

The link for this is:

[1]https://ico.org.uk/media/for-organisatio...

In the event where the cost of complying with the request would exceed the
“appropriate level”, which is fixed at £450, as stated in the Freedom of
Information Regulations 2004, it is the policy of the PSNI to close the
request. You will however be notified of this decision and given an
opportunity to refine and resubmit the request.

If your request requires either full or partial transference to another
public authority in order to answer your query, again, you will be
notified.

If you have any queries regarding your request please write or contact the
Freedom of Information Team on 028 9070 0164. Please remember to quote the
reference number listed above in any future communications with the
Freedom of Information Team.

If you are dissatisfied in any way with the handling of your request, you
have the right to request a review. You should do this as soon as
possible, or in any case within two months of the date of issue of this
letter. In the event that you require a review to be undertaken, you can
do so by writing to the Head of Freedom of Information, PSNI Headquarters,
65 Knock Road, Belfast, BT5 6LE or by emailing [email address]. 

If following an internal review, carried out by an independent decision
maker, you were to remain dissatisfied in any way with the handling of the
request you may make a complaint, under Section 50 of the Freedom of
Information Act, to the Information Commissioner’s Office and ask that
they investigate whether the PSNI has complied with the terms of the
Freedom of Information Act.  You can write to the Information Commissioner
at Information Commissioner’s Office, Wycliffe House, Water Lane,
Wilmslow, Cheshire, SK9 5AF. In most circumstances the Information
Commissioner will not investigate a complaint unless an internal review
procedure has been carried out, however the Commissioner has the option to
investigate the matter at his discretion.

Yours sincerely,

Jane
FOI Decision Maker
FOI Unit
PSNI HQ Brooklyn

References

Visible links
1. https://ico.org.uk/media/for-organisatio...

Police Service of Northern Ireland

1 Attachment

This e-mail has been marked OFFICIAL [PUBLIC];

Subject:  FOI-2017-03045

21st December 2017

Dear Mr. Clarke,

FREEDOM of INFORMATION ACT 2000

I apologise for the delay in responding to your request.

I write in connection with your request for information dated 1st November
2017 which was received by the Police Service of Northern Ireland on 1st
November 2017 concerning:

Complaints Reported Ref Post On Facebook

Please find attached response to your request.

Yours sincerely,

Gillian

FOI Decision Maker
FOI Unit
PSNI HQ Brooklyn

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