Office Holders within the trust

Ms Siliang Tian MSc BA LLB made this Freedom of Information request to Northern Health and Social Care Trust (Northern Ireland)

This request has been closed to new correspondence from the public body. Contact us if you think it ought be re-opened.

The request is waiting for clarification. If you are Ms Siliang Tian MSc BA LLB, please sign in to send a follow up message.

Ms Siliang Tian MSc BA LLB

Dear Northern Health and Social Care Trust (Northern Ireland),

I am writing to request information under the Freedom of Information Act 2000.

I would be interested in any information held by your organisation regarding my request. I understand that I do not have to specify particular files or documents and it is the departments responsibilty to provide the information I require. If you need further clarification please contact me by email.

I would like to request the following information:

1. The names and job titles of all 'Office Holders' within your organisation as per HMRC's definition here ( https://www.gov.uk/employment-status/off... ).
2. It will be recognised that Persons with Significant Control information on those who have authority to exercise executive control should be publicly accessible (as per Persons with Significant Control Regulations 2016) but, in the unlikely event that an attempt is made to cite the Data Protection Act 1998 to refuse the disclosure of the names, I would request the job titles of these individuals be disclosed without their names and I will reserve the right to appeal to the ICO for the rest of the information requested.
3. A copy of the relevant sections of the deed of trust, or memorandum and articles of association or equivalent document under which these office holder's offices are created - just the relevant clauses or articles will be sufficient.
4. As Office Holders are not necessarily also employees could you confirm if a contract of employment exists for each of the job titles.

I would like the information to be provided by email or on this website in electronic form.

If my request is denied in whole or in part I ask that you justify all deletions by reference to specific exemptions of the act. I will also expect you to release all non-exempt material. I reserve the right to appeal your decision to withold any information or to charge excessive fees.

I would be grateful if you could confirm in writing that you have received this request. I look forward to your response within 20 working days as outlined by the statute. Many thanks for your assistance with this request.

Yours faithfully,
Ms Siliang Tian MSc BA(hons) Accountancy LLB

Governance, Info, Northern Health and Social Care Trust (Northern Ireland)

Thank you. Your email has been received by the Information Governance Department and will be processed in due course.

show quoted sections

McKeown, Joanne, Northern Health and Social Care Trust (Northern Ireland)

2 Attachments

Dear Ms Tian

 

Further to your email of 28 June 2017, please see attached the Northern
Health & Social Care Trust’s response to your Freedom of Information
request. 

 

Regards

 

Joanne McKeown

Information Governance Officer

Causeway House

Route Complex

8e Coleraine Road

Ballymoney

Co Antrim

BT53 6BP

Tie line 363443   External 028 27661443

 

 

show quoted sections

Ms Siliang Tian MSc BA LLB

Dear McKeown, Joanne,

Many thanks for this reply however I would ask you please to revisit the request as the answer provided seems likely to be an error - in that receiving remuneration does not preclude office holder status under HMRC rules or any other. You are stating that your office holders are ALSO employees (many thanks).

An Office Holder is not *NECESSARILY* an employee of the trust but in practice most office holders in large companies are *also* employees.

As such, the fact that these individuals are receiving regular payment is immaterial to the definition of whether they constitute an Office Holder. The reason for comment regarding lack of remuneration by HMRC is that once can be an office holder whether or not one has a contract of employment and whether or not one receives remuneration - paying someone does not stop them being an office holder, the clause is there to point out that NOT paying someone does not mean they are not an office holder, the reverse is not true.

The relevant part of the page is this one:
"However, it’s possible for someone to be an office holder and an employee if they have an employment contract with the same company or organisation that meets the criteria for employees."

I would therefore repeat my request for the earlier information requested especially drawing your attention to the request for the appropriate clauses of the Deeds of Trust, Memorandum & Articles of Association, or other document in which the offices are created.

Yours sincerely,
Ms Siliang Tian MSc BA LLB

Treanor, Nigel, Northern Health and Social Care Trust (Northern Ireland)

Dear Ms Tian

 

I wish to acknowledge your request for an internal review and note that I
will re-examine your request in light of your comments below.

 

I would also like to seek some clarity over your amended request which
references the  HMRC definition of ‘office holders’ and ' earlier
information requested especially drawing your attention to the request for
the appropriate clauses of the Deeds of Trust, Memorandum & Articles of
Association, or other document in which the offices are created'.

 

I appreciate you have provided the explanation below but it would
beneficial for me,  if you could give some additional information to help
understand your request and provide a response. Under the Freedom of
Information Act 2000, the Trust is obliged to supply a copy of information
it holds, in response to a request. Having spoken with our Finance and HR
Departments, the Trust doesn’t not hold information (as a list or
document) on office holders and I want to ensure we haven’t misinterpreted
your request or be limited by the HMRC definition. Perhaps you may know of
other examples of office holders in other health trusts and I could then
broaden the search?

 

I am happy to speak to you by phone, if that would be easier? My contact
details are below.

 

Kind regards

 

Nigel

 

 

 

 

Nigel Treanor

Information GovernanceTeam, Northern Health and Social Care Trust

Tel. 028 2766 1359/028 2766 1293

Ext. 36 3359

 

show quoted sections

Treanor, Nigel, Northern Health and Social Care Trust (Northern Ireland)

Dear Ms Tian

 

This is a follow-up on the email below. To progress your request, I would
be grateful if you could provide the clarification.

 

Kind Regards

 

Nigel  

 

 

 

Nigel Treanor

Senior Information Governance Officer, Northern Health and Social Care
Trust

Tel. 028 2766 1359/028 2766 1293

Ext. 36 3359

 

show quoted sections

Treanor, Nigel, Northern Health and Social Care Trust (Northern Ireland)

Dear Ms Tian

 

Following my email of the 4 August, so far I have not received any
clarification on your request.

 

I will be on leave from today until the Monday 21 August. So I would be
grateful if you could provide the clarification by that date, otherwise I
will assume that you do not wish to progress this internal review and I
will close this upon my return.

 

If you do wish to clarify, I would ask that you copy Nicola Lyons into
your correspondence.

 

Kind regards

 

Nigel

 

  

 

Nigel Treanor

Senior Information Governance Officer, Northern Health and Social Care
Trust

Tel. 028 2766 1359/028 2766 1293

Ext. 36 3359

 

Treanor, Nigel, Northern Health and Social Care Trust (Northern Ireland)

Dear Ms Tian

 

As per my previous correspondence, the Trust has not received any
clarification in relation to your request.

 

Therefore I am closing your request for an internal review.

 

Regards

 

Nigel

Nigel Treanor

Senior Information Governance Officer, Northern Health and Social Care
Trust

Tel. 028 2766 1359/028 2766 1293

Ext. 36 3359

 

From: Treanor, Nigel
Sent: 09 August 2017 15:40
To: 'Ms Siliang Tian MSc BA LLB'
Cc: Lyons, Nicola
Subject: RE: Internal review of Freedom of Information request - Office
Holders within the trust

 

Dear Ms Tian

 

Following my email of the 4 August, so far I have not received any
clarification on your request.

 

I will be on leave from today until the Monday 21 August. So I would be
grateful if you could provide the clarification by that date, otherwise I
will assume that you do not wish to progress this internal review and I
will close this upon my return.

 

If you do wish to clarify, I would ask that you copy Nicola Lyons into
your correspondence.

 

Kind regards

 

Nigel

 

  

 

Nigel Treanor

Senior Information Governance Officer, Northern Health and Social Care
Trust

Tel. 028 2766 1359/028 2766 1293

Ext. 36 3359