We don't know whether the most recent response to this request contains information or not – if you are Richard Buttrey please sign in and let everyone know.

Liverpool John Lennon Airport

We're waiting for Richard Buttrey to read a recent response and update the status.

Dear Department for Transport,

I believe the current bye-laws that cover John Lennon airport are the old Merseyside byelaws of 1982. I know the airport have been seeking approval for a new set of byelaws which have been under discussion with the DfT

1. If a new set has been approved in the last five years would you please let me have the latest copy.
2. If there has been no change to the 1982 bye-laws please let me know the 'state of play' with the ongoing request by LJLA for a change. In particular please let me have copies of the last 10 letters and/or emails between the DfT and LJLA.

Many thanks,

Richard Buttrey

Department for Transport

Dear Richard,

I am writing to acknowledge receipt of your request for information which
has been allocated reference number P0018160.

A response will be issued to you in due course.

Regards,

Department for Transport
FOI Advice Team
Governance Division
Zone D/04
Ashdown House
Sedlescombe Road North
St Leonards on Sea
East Sussex
TN37 7GA

show quoted sections

Jason Richardson, Department for Transport

1 Attachment

Dear Mr Richard Buttrey

Please find attached response to your Freedom of Information request below.

show quoted sections

Dear Department for Transport,

I request an internal review of the decision not to release item three of my FoI request for each and all of the following reasons.

As authority for disagreeing with the DfT’s refusal using Section 41(1) of the DPA I cite the various Information Commissioners Guidance points at:
https://ico.org.uk/media/for-organisatio...

S41(1) is not an absolute and unconstrained defence against release of information.
S41(1)(a) does not automatically exempt information that the DfT itself has produced. Letters or email initiated by the DfT would not necessarily be exempt – See the ICO’s example in point 14 of the guidance. I asked for correspondence between the DfT and LJLA. To the extent that correspondence originated by the DfT does not reveal information supplied by LJLA then I require that correspondence be released.

S41(1)(b) It may well be the case that LJLA don’t want the information in the public domain. That wish alone is not sufficient to justify exemption. The ICO discusses what constitutes a breach of confidence starting at point 22 in the ICO document cited above.

The question of what is or isn’t trivial data must to a greater or lesser degree be subjective. I find it hard to believe that discussions about the subject of new by-laws that will appear in the public domain in due course can in any way be regarded as NOT trivial and that the information therefore doesn’t possess the necessary quality of confidence - as discussed by the ICO starting with points 29 & 30 of the document cited above.

In any case and as the DfT confirm the draft by-laws which are presumably the subject matter of the correspondence I requested is already in the public domain on LJLA’s web site and hence S41(b) can’t apply.

If the DfT are still minded to refuse the information I requested then I would point to the ICO’s point 40 which discusses the release of information to a limited number of individuals. In such cases the disclosure of information can retain its quality of confidence and not fall foul of S41 If there is an understanding that it won’t be released more generally into the public domain.
On that basis I request the information be released.

Yours faithfully,

Richard Buttrey

FOI-ADVICE-TEAM-DFT, Department for Transport

Dear Mr Buttrey,

Thank you for your email requesting an Internal Review of the Department’s response to your Freedom of Information request.

We will aim to respond to your request for an Internal Review within 20 working days. If we are unable to respond within this timeframe, we will write and let you know.

Kind regards

FOI Advise Team
Department for Transport

show quoted sections

Jack Gibson, Department for Transport

1 Attachment

Dear Mr Buttrey,

Please find attached our response to your request of 10 February for an internal review.

Kind regards,

Jack Gibson | Deputy Data Protection and FOI Manager, Information Rights Team, Governance Division, Department for Transport
4/34 | 07779 555983 | 07779 555983
Post to: Great Minster Hse, 33 Horseferry Rd, London, SW1P 4DR

show quoted sections

We don't know whether the most recent response to this request contains information or not – if you are Richard Buttrey please sign in and let everyone know.