FOI request handling guidance

The request was successful.

Ganesh Sittampalam

Dear House of Commons,

http://www.parliament.uk/documents/uploa... says
"Detailed guidance about handling a request is available on the intranet site." (chapter 5, page 25)

Please could I have a copy of this detailed guidance (in electronic form)?

Yours faithfully,

Ganesh Sittampalam

FOICOMMONS, House of Commons

Dear Mr Sittampalam,

Thank you for your request for information received today, 9 April 2010.

When Parliament has been dissolved there is no ‘House of Commons’ for
the purposes of Part 1 of Schedule 1 to the 2000 Act, and there is
therefore no ‘public authority’ to which the 20 day deadline under
section 10 of the 2000 Act is capable of applying. The time limits do not,
therefore, apply during the period of Dissolution.

The effect of the 2000 Act, including its time limits, resumes when the
new House of Commons first meets.

As your request was received before the House dissolved, the 20 working
day time limit of your request will be split, ceasing on 12 April 2010 and
resuming on 18 May 2010 when the new Parliament first meets. We will
endeavour to respond to your request promptly but in any case on or before
15 June 2010.

If you have any queries about your request, please use the request number
quoted in the subject line of this email.

Yours sincerely

Louise Randall
Freedom of Information Assistant

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FOICOMMONS, House of Commons

Dear Mr Sittampalam,

I am writing to you regarding your request for information received on 9 April 2010.

When Parliament has been dissolved there is no ‘House of Commons’ for the purposes of Part 1 of Schedule 1 to the 2000 Act, and there is therefore no ‘public authority’ to which the 20 day deadline under section 10 of the 2000 Act is capable of applying. The time limits do not, therefore, apply during the period of Dissolution.

The effect of the 2000 Act, including its time limits, resumes when the new House of Commons first meets.

As your request was received before the House dissolved, the time remaining on your request will resume on 18 May, being the day the new Parliament first meets. We will endeavour to respond on or before 15 June 2010.

Yours sincerely

Bob Castle
Head of Information Rights and Information Security

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FOICOMMONS, House of Commons

Dear Mr Sittampalam

Thank you for your request for information which is copied below.

The information requested can be found on the following link:

http://www.parliament.uk/site_informatio...

You may, if dissatisfied with the treatment of your request, ask the House of Commons to conduct an internal review of this decision. Requests for internal review should be addressed to: Freedom of Information Officer, Department of Resources, House of Commons London SW1 OAA or [House of Commons request email] . Please ensure that you specify the nature of your complaint and any arguments or points that you wish to make.

If you remain dissatisfied, you may appeal to the Information Commissioner at Wycliffe House, Water Lane, Wilmslow, Cheshire SK9 5AF.

Yours sincerely

Bob Castle
Head of Information Rights and Information Security

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Ganesh Sittampalam

Dear House of Commons,

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

I am writing to request an internal review of House of Commons's handling of my FOI request 'FOI request handling guidance'.

As with my other recent requests, one of which has already had an internal review, my complaint is that your response was late. As I wish to complain about all these requests to the ICO, I am requesting this review as the necessary first step.

You are violating the letter of the law. The act does not talk about a period of time, it talks about "the twentieth working day after receipt", where working days are clearly defined in the act and do not exclude days when Parliament is dissolved. My request was received on 9th April, thus the deadline in law was well before 20th May. If your theory that you cannot respond during the dissolution is true, then it leaves you with no legal option but to respond before the dissolution, whether or not it is "reasonable" for you to do so. I also note that the FOI act was passed after all the legislation you have previously cited that supports the non-existence of the House, and thus if there is any conflict then the obvious assumption would be that the older legislation has been implicitly repealed and the House of Commons does in fact exist during a dissolution for the limited purpose of answering FOI requests.

I note in passing that you are also violating the spirit of the law. The law is written to encourage quick responses ("reply promptly") yet you are attempting to hide behind technicalities to artificially delay your responses. There is no practical reason why your staff cannot respond during a dissolution - they continue being employed, and the information requested does not magically disappear for the duration. It is curious that they seem perfectly capable of sending out letters saying that they won't respond. Indeed there are no legal obstacles to a response during the dissolution either - the act does not prevent your staff from sending replies. You could always send a fresh copy on the 18th if you feel this is needed to comply with the strict letter of the law.

I regret that your behaviour suggests that you have not learnt the lessons of the expenses scandal and that you still prefer to delay and obfuscate rather than fulfilling your responsibilities.

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

Yours faithfully,

Ganesh Sittampalam

FOICOMMONS, House of Commons

1 Attachment

F10-228&240

Dear Mr Sittampalam

Please find attached response to your request for an internal review of
your Freedom of Information requests F10-228 & 240.

Yours sincerely,

Victoria Carpenter

Freedom of Information assistant

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