Compulsory purchase powers

kim nowell made this Freedom of Information request to Merseyside Fire and Rescue Service

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request was refused by Merseyside Fire and Rescue Service.

Dear Merseyside Fire and Rescue Service,

Could you please provide:

(I) All internal correspondence (i.e between MFRS/MFRA staff or Members) regarding the issue of compulsory purchase powers in relation to the merger of West Kirby and Upton fire stations at Saughall Massie.

(ii) All correspondence (as in (i) above) between MFRA/MFRS and Wirral Metropolitan Borough Council staff, Councillors and Officers.

To clarify, could you include, but not limit the request to e-mails, letters, memos, notes on telephone conversations, texts and meeting outcome notes.

Many thanks,

Yours faithfully,

Kim Nowell

Freedom of Information Team, Merseyside Fire and Rescue Service

1 Attachment

Dear Ms Nowell

Please see the attached letter in acknowledgment to your recent request made under the Freedom of Information 2000.

Best Regards

Julie Yare

Corporate Information Sharing Officer
Strategy & Performance
Merseyside Fire & Rescue Service HQ
Bridle Rd
Bootle
Liverpool
L30 4YD

(T) 0151 296 4479
(F) 0151 296 4631
Mailto: [email address]
[email address]

http://intranetportal/sites/smd/default....
Internet: www.merseyfire.gov.uk

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Crimmins, Jean, Merseyside Fire and Rescue Service

1 Attachment

Dear Ms Nowell,

 

Further to your request for information, please see the attached
correspondence.

 

Kind regards,

 

Jean Crimmins

Corporate Information Sharing Officer

Strategy and Performance

Merseyside Fire and Rescue Service Headquarters

Bridle Road

Bootle

L30 4YD

 

(T) 0151 296 4474

(F) 0151 296 4631

 

Mail to: [1][email address]

Secure e-mail: [2][email address]

 

Intranet/Portal [3]http://intranetportal/sites/KIM/default....

Internet [4]www.merseyfire.gov.uk

 

 

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If you have received this e-mail in error please notify the originator of the message.

Any views expressed in this message are those of the individual sender, except where the sender specifies and with authority, states them to be the views of Merseyside Fire & Rescue Service, (MFRS).

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Dear Merseyside Fire and Rescue Service,

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

I am writing to request an internal review of Merseyside Fire and Rescue Service's handling of my FOI request 'Compulsory purchase powers'.

Chief Fire Officer, Dan Stephens has already publicly stated that MFRA does not have compulsory purchase powers. This information can, therefore, no longer be considered confidential, so not protected by Legal Professional Privilege.

In addition, communications with 3rd parties are not covered by advice privilege.

I request that these factors be given prime importance and the requested communications be disclosed as quickly as possible.

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,

kim nowell

Appleton, Debbie, Merseyside Fire and Rescue Service

Dear Ms Nowell,

 

In dealing with your request for an internal review of your Freedom of
Information request, I have considered whether the decision not to provide
the information that you asked for in your original request (see below)
was correct:

 

You originally asked for:

 

I) All internal correspondence (i.e between MFRS/MFRA staff or Members)
regarding the issue of compulsory purchase powers in relation to the
merger of West Kirby and Upton fire stations at Saughall Massie.

 

(ii) All correspondence (as in (i) above) between MFRA/MFRS and Wirral
Metropolitan Borough Council staff, Councillors and Officers.

 

To clarify, could you include, but not limit the request to e-mails,
letters, memos, notes on telephone conversations, texts and meeting
outcome notes.

 

It is my opinion that the original decision not to provide the information
you requested was correct. That information related to advice provided in
a legal capacity and the advice, from a solicitor, is confidential to the
solicitor’s client.  This is covered by the Solicitors Code of Conduct
which at Chapter 4 states:

 

"Protection of confidential information is a fundamental feature of your
relationship with clients. It exists as a concept both as a matter of law
and as a matter of conduct. This duty continues despite the end of the
retainer and even after the death of the client."

 

This is in addition to Legal Professional Privilege (LPP) which is
explained in a Law Society Practice and Guidance Note on the subject, at
paragraph 7 as follows:

 

"LPP protects from disclosure confidential communications, and material
evidencing such communications, that take place between clients and/or
their lawyers and in some circumstances also between those lawyers and
third parties. It is a common law principle, jealously guarded by the
courts. Specific definitions of LPP may be adopted by statute for specific
purposes; some of which reflect its common law scope and some of which do
not. Whether the source is common law or statute, LPP arises in two ways:
in connection with the client consulting a lawyer (legal advice
privilege), and in connection with litigation (litigation privilege)."

 

If you wish to, you have the right of appeal to the Information
Commissioner at:

 

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF 

Telephone:   0303 123 1113

[1]http://www.ico.gov.uk/

 

 

Regards

 

 

Deb Appleton

Director of Strategy and Performance

Merseyside Fire and Rescue Service

Bridle Road

Bootle

L30 4YD

 

0151 296 4402

07818034982

[2][email address]

 

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