Constitutions of the Uninhabited Overseas Territories

Mr Cross made this Freedom of Information request to Foreign and Commonwealth Office

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 Foreign and Commonwealth Office.

Dear Foreign and Commonwealth Office,
Please can you provide me with the constitutions of the following Uninhabited Overseas Territories:

(1) British Antarctic Territory.
(2) South Georgia & the South Sandwich Islands.
(3) British Indian Ocean Territory.

Please also provide me with any summaries of the above and any related guidance held on interpretation of these constitutions (including details of precedents, constitutional conventions and common law).

I am particularly interested in understanding the environmental law and human rights law of these territories. To the extent that the information I have requested is environmental information, please apply the Environmental Information Regulations 2004.

It is my belief that the FCO will hold the information requested for its own purposes even it also holds the information on behalf of a third party.

Yours faithfully,

Mr Cross

Foreign and Commonwealth Office

Dear Mr Cross,

Thank you for your Freedom of Information request. It has been assigned a unique reference number (above) and has been passed to the relevant section within the Foreign and Commonwealth Office to deal with. They will be in touch with you should your request need clarification.

We received your request on 27 October 2014 and will aim to respond within 20 working days, following the date of receipt.

Yours sincerely

FOI and DPA Team
FCO

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R Wright left an annotation ()

The constitution of the British Indian Ocean Territory seems to have been released by the Privy Council Office (assuming that it has not been amended since 2004):
https://www.whatdotheyknow.com/request/b...

Dear Foreign and Commonwealth Office,
Please can you provide an update with regards to this request.

Yours faithfully,

Mr Cross

Foreign and Commonwealth Office

Dear Mr Cross

 

FOI 0987-14

 

Thank you for your email. 

 

As you are aware we have not met your FOI request by deadline.  The
Foreign and Commonwealth Office (FCO) is committed to responding to FOI
requests on time and to a high standard.

 

However, your request is taking a little longer than expected.  We are in
the final stages of clearance and therefore expect to be able to send you
a substantive reply by 15 December 2014. If it appears that it will take
longer than this to reach a conclusion, we will keep you informed.

 

Thank you for your patience.

 

Regards

 

 

Linda

 

Linda Perry I Office Management Section and DSC I Legal Directorate I Room
E213A I Foreign and Commonwealth Office London SW1A 2AH I (:  + 44 (0)20
7008 3080 I ( ECHO 808 3080 I Fax: + 44 (0)20 7008 1584 I
[1]www.gov.uk/fco

 

 

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Foreign and Commonwealth Office

1 Attachment

Dear Mr Cross

 

FOI 0987-14

 

Please find attached our response to your FOI request.

 

Regards

 

Linda

 

Linda Perry I Office Management Section and DSC I Legal Directorate I Room
E213A I Foreign and Commonwealth Office London SW1A 2AH I (:  + 44 (0)20
7008 3080 I ( ECHO 808 3080 I Fax: + 44 (0)20 7008 1584 I
[1]www.gov.uk/fco

 

From: Linda Perry (Sensitive)
Sent: 01 December 2014 14:52
To: '[FOI #235881 email]'
Subject: FW: URGENT - FOI Request, Ref: 0987-14
Importance: High

 

Dear Mr Cross

 

FOI 0987-14

 

Thank you for your email. 

 

As you are aware we have not met your FOI request by deadline.  The
Foreign and Commonwealth Office (FCO) is committed to responding to FOI
requests on time and to a high standard.

 

However, your request is taking a little longer than expected.  We are in
the final stages of clearance and therefore expect to be able to send you
a substantive reply by 15 December 2014. If it appears that it will take
longer than this to reach a conclusion, we will keep you informed.

 

Thank you for your patience.

 

Regards

 

 

Linda

 

Linda Perry I Office Management Section and DSC I Legal Directorate I Room
E213A I Foreign and Commonwealth Office London SW1A 2AH I (:  + 44 (0)20
7008 3080 I ( ECHO 808 3080 I Fax: + 44 (0)20 7008 1584 I
[2]www.gov.uk/fco

 

 

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Dear Foreign and Commonwealth Office,
Thank you for your response.

You wrote: "With respect to the second part of your question, it would be helpful if your could clarify the information you are asking for". I note that this is the first time any suggestion has been made that my request may need clarification and that no such suggestion was made in the 20 working days after the date my request was received. I note also that you have not indicated any individual words which require clarification or asked me any specific questions as to the meaning of my request.

In my original request I wrote: "Please also provide me with any summaries of the above and any related guidance held on interpretation of these constitutions (including details of precedents, constitutional conventions and common law)."

I think the request was clear and that the words in brackets provided additional guidance on the meaning of the request to assist the public authority in understanding what has been asked for.

You also wrote: "We are unable to provide you with detailed legal advice on these laws.". Crucially, I was not asking for you to advise me but to provide me with the information contained in advice already held. The use of the word "held" in my request makes this clear. Section 1 of the Freedom of Information Act 2000 gives me the right to receive such information subject to the application of certain exemptions.

In all the circumstances, I do not think that you reasonably required further information from me in order to answer my original request. Please now answer the remainder of my request.

Yours faithfully,

Mr Cross

Foreign and Commonwealth Office

Dear Mr Cross,

Thank you for your request for an Internal Review of your FOI Request Ref XXXX-XX. It has been passed to the relevant department within the Foreign and Commonwealth Office to deal with. They will be in touch with you with an outcome.

We received your request on 03 December 2014 and will aim to respond within 20 working days.

Yours sincerely

FOI and DPA Team

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Foreign and Commonwealth Office

Dear Mr Cross

 

A review of your FOI request ref: 0987-14 is being conducted and you will
receive a response as soon as this has been completed.

 

We estimate that it will take an additional 10 days in order to complete
this internal review.  Therefore we plan to let you have a response by 19
January 2015.

 

Kind regards

FOI and DPA Team

 

 

 

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Foreign and Commonwealth Office

Dear Mr Cross

 

Further to my e-mail of 6 January a review of your FOI request ref:
0987-14 is being conducted and you will receive a response as soon as this
has been completed.

 

The Foreign and Commonwealth Office (FCO) is committed to responding to
FOI reviews  on time and to a high standard. We estimate that it will take
an additional 20 days in order to complete this internal review. 
Therefore we plan to let you have a response by 16 February 2015.  If it
appears that it will take longer than this to reach a conclusion, we will
keep you informed.

 

Thank you for your patience.

 

Kind regards

FOI and DPA Team

 

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Foreign and Commonwealth Office

1 Attachment

Dear Mr Cross

 

Please find attached the result of our internal review to your FOI request
on Constitutions of Uninhabited Overseas Territories.

 

Kind Regards

 

Legal Enquiries

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References

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1. http://www.gov.uk/fco
2. http://blogs.fco.gov.uk/