Electoral Administration Act 2006: Irish and Commonwealth peers

The request was successful.

Dear Madam or Sir,

Lady Kinnock said in the House of Lords on 10 December, in response to Lady Gardner of Parkes: ‘It appears that the Electoral Administration Act 2006 may have inadvertently cast doubts on whether Commonwealth and Republic of Ireland citizens were eligible for membership of the House. That was clearly not Parliament’s intention when passing the Act. Some months ago, the Government were alerted to the matter.’ (House of Lords Debates, 10 December 2009, column 1190).

Could you please explain what the problem in the drafting of the said Act is? In particular, please point out the relevant section(s) in question.

Thank you very much for your attention.

Sincerely,

Dr Kaihsu Tai

Data Access & Compliance Unit, Ministry of Justice

This is an Auto Reply from the Data Access & Compliance Unit.

Thank you for your e-mail.

If your message was a request for information please be advised that your
request is being dealt with and you will receive a written acknowledgement
shortly.

Data Access & Compliance Unit

Information Directorate

Ministry of Justice
6th Floor, Zone B, Postal Point 6.23
102 Petty France
London
SW1H 9AJ

Fax: 0203 334 2245

E-mail: [email address]

This e-mail (and any attachment) is intended only for the attention of the
addressee(s). Its unauthorised use, disclosure, storage or copying is not
permitted. If you are not the intended recipient, please destroy all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message could be
intercepted and read by someone else. Please bear that in mind when
deciding whether to send material in response to this message by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be read
at any time. You have a responsibility to ensure laws are not broken when
composing or forwarding e-mails and their contents.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Over, Darren \(ARU\), Ministry of Justice

Freedom of Information Request FOI/62664/09

Data Access & Compliance Unit
Information Directorate
Zone 6 B
Post point 6.25
102 Petty France
London
SW1H 9AJ

T 020 3334 5336
F 020 3334 2245
E [email address]

www.justice.gov.uk

16-DEC-09 Our Ref:FOI/62664/09

Dear Dr Kaihsu Tai,

SUBJECT: Freedom of Information Request

Thank you for your correspondence of December 15, 2009, in which you
asked for information about the Electoral Administration Act 2006
under the Freedom of Information Act 2000 (FOIA) from the Ministry of
Justice (MoJ).

You will receive a response from us by January 15, 2010. Your request
has been passed to the appropriate business unit within the MoJ, and
they will write to you with their decision by this date.

The FOIA does provide a number of exemptions. A qualified exemption
requires that before relying on it we must consider the public interest
test. If the information you have requested is covered by a qualified
exemption(s) under FOIA, the Department is allowed to take longer than
20 working days to respond. This is because in such circumstances we are
required to consider the public interest issues when deciding whether or
not to disclose the information requested.

If more time is needed to consider the public interest issues under a
qualified exemption(s), we will write to you and inform you of the
revised date you can expect to receive a response to your request.

If you have any queries regarding this request please do not hesitate to
contact us. Please quote ref: FOI/62664/09 in all future correspondence.

Yours sincerely,

Darren Over
(Sent on behalf of Rhian Williams)
Data Access and Compliance Unit

This e-mail (and any attachment) is intended only for the attention of the
addressee(s). Its unauthorised use, disclosure, storage or copying is not
permitted. If you are not the intended recipient, please destroy all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message could be
intercepted and read by someone else. Please bear that in mind when
deciding whether to send material in response to this message by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be read
at any time. You have a responsibility to ensure laws are not broken when
composing or forwarding e-mails and their contents.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear Mr Over,

Since my last message of 15th instant, a colleague alerted me to a written statement made by Lord Bach on the same day: House of Lords Debates, 15 December 2009, column 241WS). http://www.theyworkforyou.com/wms/?id=20... This satisfactorily answers my query. Therefore, may I please inform you that I hereby retract my request. Thank you for your consideration.

Sincerely,

Kaihsu Tai

Over, Darren \(ARU\), Ministry of Justice

Kaihsu Tai,

I will notify the relevant caseworker.

show quoted sections

Howarth, David, Ministry of Justice

1 Attachment

Dear Dr Tai,

Please find attached a response to your request for information relating
to comments made by Baroness Kinnock on the effect of the Electoral
Administration Act 2006.

I'm sorry it has taken a little while for you to receive a reply. As you
will see from the attached letter, the Government has now made amendments
to the Constitutional Reform and Governance Bill which should clarify the
position of Irish and Commonwealth peers. Attached to the letter is a
statement which explains the issues in more detail.

Please let me know if I can be of any further assistance.

David Howarth

020 3334 3822
Deputy Bill Manager
Constitutional Reform and Governance Bill
Ministry of Justice
5.25
102 Petty France
London, SW1H 9AJ

This e-mail (and any attachment) is intended only for the attention of
the addressee(s). Its unauthorised use, disclosure, storage or copying
is not permitted. If you are not the intended recipient, please destroy all
copies and inform the sender by return e-mail.

Internet e-mail is not a secure medium. Any reply to this message
could be intercepted and read by someone else. Please bear that in
mind when deciding whether to send material in response to this message
by e-mail.

This e-mail (whether you are the sender or the recipient) may be
monitored, recorded and retained by the Ministry of Justice. E-mail
monitoring / blocking software may be used, and e-mail content may be
read at any time. You have a responsibility to ensure laws are not
broken when composing or forwarding e-mails and their contents.

show quoted sections

Communications via the GSi may be automatically logged, monitored and/or
recorded for legal purposes.

Dear Mr Howarth,

Thank you for the further clarification. It was helpful and I appreciate it.

Sincerely,

Kaihsu Tai

Looking for an EU Authority?

You can request documents directly from EU Institutions at our sister site AskTheEU.org . Find out more .

AskTheEU.org