escalation to Board

The request was partially successful.

Dear Department for Communities (Northern Ireland),

Within the board minutes of the Charity Commission (3rd June 2019) the following is noted;

"It was noted this procedure would temporarily replace ‘escalation to Board’
steps within all existing Board approved regulatory decision-making manuals
to deal with emergency decisions which arise. The Chair agreed to seek a
meeting with the DfC Permanent Secretary to discuss the Board’s response.
AP1: Chair to seek meeting with the Permanent Secretary to discuss
the Board’s response. "

can you please publish the minutes of the meeting, and any correspondence between the CCNI and the Perm sec relevant to the meeting.

Yours faithfully,

Trevor McKee

ProbityaacNI

Bell, Colleen, Department for Communities (Northern Ireland)

1 Attachment

  • Attachment

    FOI Request DFC 2019 0213 Minutes of Meeting with Permanent Secretary acknowledgement.pdf

    367K Download View as HTML

Dear Mr McKee,

 

Please see attached.

 

Regards,

Colleen Bell

Bell, Colleen, Department for Communities (Northern Ireland)

1 Attachment

  • Attachment

    FOI Request DFC 2019 0213 CCNI Meeting with Permanent Secretary Response.pdf

    602K Download View as HTML

Dear Mr McKee,

 

Please see attached.

 

Regards,

Colleen Bell

Dear Department for Communities (Northern Ireland),

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

I am writing to request an internal review of Department for Communities (Northern Ireland)'s handling of my FOI request 'escalation to Board'.

I can see that you have applied section 35 as a reason for withholding information.
I also note that the meeting in question was not minuted. Given the sensitivities following Mr Sterling's revelations during the RHI Inquiry about minutes not being taken to thwart FOI requests, I find it extremely surprising that this is again the case. I believe in the RHI case that the ICO met with the head of the civil service to discuss this activity. I would be surprised if there were no lessons learned, and would ask that you check again, in case they have been overlooked.

My position for disclosure is;

1. The “formulation and development” part of the exemption applies only if this part of the process is incomplete. We know that CCNI have published on their website new guidance and policies they have developed. E.g. they have constituted a schedule 1 committee pursuant to the CANI 2008. The development and formulation is complete, therefore subject to release.
2. The orders, directions and decisions of the CCNI, can be considered to be void. There is a strong public interest (demonstrated by the CCNI's CEX affidavit to the court on the 4th June 2019) that permissions, registrations and schemes actioned by CCNI staff if now found to be void, that affected charities may make their own applications to the courts to safeguard their own interests. It would be extremely unfair to leave these affected charities in limbo as to the consequences they face following the McBride judgement.
3. Disclosure of the information would promote better government and give the public better understanding of the way that senior officials make decisions.
4. The CCNI has changed the way it takes decisions, so sensitivity is not so great. In addition some information has been voluntarily published, so there clearly is a public interest in further information being disclosed.

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

Yours faithfully,

Trevor McKee

ProbityaacNI

DfC FOI, Department for Communities (Northern Ireland)

1 Attachment

Mr McKee,

 

Please find attached an acknowledgement of your request for an internal
review of how the Department responded to a recent FOI enquiry.

 

Regards

 

Damian O'Hara| Information Management Branch | Department for Communities

Level 5 | Nine Lanyon Place | BELFAST | BT1 3LP

Contact: * damian.o'[email address] | ( Tel: (028) 9082 9137
| ( DD: 38137

 

Supporting people, Building communities, Shaping places

 

 

 

 

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DfC FOI, Department for Communities (Northern Ireland)

2 Attachments

Dear Mr McKee

 

Please find attached response to your request for an Internal Review of
your FOI request.

 

Yours sincerely

 

Helen Lindsay

PP: Adrian Boyce

 

 

Helen Lindsay | Information Management Branch | Department for Communities

Level 5 | Nine Lanyon Place | BELFAST | BT1 3LP

Contact: * [1][email address] | ( Tel: (028) 9082
9117 | ( DD: 38117

 

Supporting people, Building communities, Shaping places. 

 

 

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