Passing Information To Our Councils Safety 1st

Paul steward made this Freedom of Information request to Health and Safety Executive for Northern Ireland

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Response to this request is long overdue. By law, under all circumstances, Health and Safety Executive for Northern Ireland should have responded by now (details). You can complain by requesting an internal review.

Dear Health and Safety Executive for Northern Ireland,

1. from the year 2000 how many times has HSENI requested identity verification prior to disclosing information under a Freedom Of Information Request?
2. from the year 2000 how many times has hseni received the requested identity verification and the information requested be denied such as "vexatious" as an example
3. from the year 2000 how many times has HSENI received the requested identity verification and the request progressed to the disclosure of the requested information?
4. During April 2018 hseni met with the Northern Ireland Master Plumbers Association and others in Belfast various topics were discussed such as dangerous commercial gas appliances specifically cookers was this passed onto our councils at the gas safety working group?
5. During April 2018 hseni met with the Northern Ireland Master Plumbers Association and others in Belfast various topics were discussed such as illegal gas workers where hseni fail to tackle these individuals was this also passed onto our councils at the gas safety working group?
6. During April 2018 hseni met with the Northern Ireland Master Plumbers Association and others in Belfast various topics were discussed such as how dangerous gas commercial premisses has become especially in the Belfast area due to our councils inability to understand and enforce was this information also passed onto our councils during the gas safety working group meeting

7. Please can you provide a redacted copy of the minutes of HSENIs gas safety working group where specifically these points were raised to our councils and what councils and others were at the meeting. if names do not wish to be disclosed just put business name and numbers will be acceptable.

Yours faithfully,

Paul steward

DfE HSENI FOI, Health and Safety Executive for Northern Ireland

 

Dear Paul Steward,

 

FREEDOM OF INFORMATION ACT 2000

 

Reference: FOI/8/2019

 

 

I refer to your email entitled ‘Freedom of Information request – Passing
Information To Our Councils Safety 1st’, dated 26 January 2019 to HSENI.

 

I acknowledge receipt of your request.  HSENI is currently working on this
and will be in touch with you once our response is complete.

 

If you have any queries regarding this email or your request please
contact HSENI by email to [1][HSENI request email] and remember to quote our
reference, FOI/8/2019, on any future correspondence.

 

Yours sincerely,

 

 

Zara Kelly

HSENI

Information Management Unit

 

 

 

References

Visible links
1. mailto:[HSENI request email]

DfE HSENI FOI, Health and Safety Executive for Northern Ireland

Dear Mr Steward,

 

FREEDOM OF INFORMATION ACT 2000 (FOIA)

 

I refer to your requests for information under the general topic heading
of ‘Passing Information To Our Councils Safety 1^st’ received into this
office on 26/01/2019.

 

You asked us:

 

1. from the year 2000 how many times has HSENI requested identity verification prior to disclosing information under a 
Freedom Of Information Request? 

Not obliged to supply the information

 

2. from the year 2000 how many times has hseni received the requested identity verification and the information 
requested be denied such as "vexatious" as an example

Not obliged to supply the information

 

 3. from the year 2000 how many times has HSENI received the 
requested identity verification and the request progressed to the disclosure of the requested information? 

Not obliged to supply the information

 

 

I can advise you that after careful consideration, I am not obliged to
supply the information you have requested for questions numbered one to
three.  In relation to this request the following FOI exemption applies: 

        

·         Section 12 – Exemption where cost of compliance exceeds the
appropriate limit

 

The information requested (identity verification) is not held as an
individual item or in a single list; therefore, in order to extract an
exact answer to the questions posed all information requests for each of
the regimes (Freedom of Information, Environmental Information and Data
Protection) would have to be examined manually to ascertain if
identity verification was an issue. HSENI deals with a large volume of
information requests  per year and in the scope of your request is very
wide ranging. In order to accurately answer your question we would need to
recall all our paper records (2005 to 2009) from off site storage and
check each paper file/record individually to ascertain if identity
verification was an issue. This exercise would then have to be carried out
on our electronic records. I estimate it would take approximately a
minimum of 4 minutes (depending on the volume of papers in the record) to
interrogate each record to establish if they contain information relevant
to your request.  We therefore estimate this exercise would (greatly)
exceed the appropriate limit set under section 12 of the Freedom of
Information (Fees and Appropriate Limit) Regulations 2004.  As per
guidance from the Information Commissioner’s Office (the ICO), when
estimating the cost of compliance, the Authority can take into account the
cost of the following activities:

 

·         determining whether we hold the information

·         finding the requested information, or records containing the
information

·         retrieving the information or records; and

·         extracting the requested information from records

 

It is estimated the cost of providing you with a response to the questions
raised is above the amount to which we are legally required to respond
i.e. the cost of locating and retrieving the information exceeds the
“appropriate level” as stated in the Freedom of Information (Fees and
Appropriate Limit) Regulations 2004.

 

In the case of HSENI, the appropriate limit is £450 which has been
calculated to equate to a total of 18 hours of work. 

 

Excess cost removes HSENI’s obligation under the Freedom of Information
Act, however under Section 16 – Duty to provide advice and assistance, an
authority is required to offer an applicant the opportunity to redefine
their request within the cost limit.  You may therefore wish to submit a
redefined FOI request taking into accounting the breadth and scope of the
topic area.

 

 

4. During April 2018 hseni met with the Northern Ireland Master Plumbers
Association and others in Belfast various topics were discussed such as
dangerous commercial gas appliances specifically cookers was this passed
onto our councils at the gas safety working group?

Information not held.

HSENI met with the Northern Ireland Master Plumbers’ Association in March
2018. HSENI is not aware of any specific issues relating to dangerous
commercial gas appliances that were to be passed to the councils by HSENI
as a result of this meeting.

 

5.  During April 2018 hseni met with the Northern Ireland Master Plumbers
Association and others in Belfast various topics were discussed such as
illegal gas workers where hseni fail to tackle these individuals was this
also passed onto our councils at the gas safety working group?

Information not held.

HSENI met with the Northern Ireland Master Plumbers’ Association in March
2018. HSENI is not aware of specific details relating to illegal gas
workers that were to be passed to the councils by HSENI as a result of
this meeting.

 

6. During April 2018 hseni met with the Northern Ireland Master Plumbers
Association and others in Belfast various topics were discussed such as
how dangerous gas commercial premisses has become especially in the
Belfast area due to our councils inability to understand and enforce was
this information also passed onto our councils during the gas safety
working group meeting

Information not held.

HSENI met with the Northern Ireland Master Plumbers’ Association in March
2018. HSENI is not aware of specific details relating to dangerous gas
commercial premises that were to be passed to the councils by HSENI as a
result of this meeting.

 

7. Please can you provide a redacted copy of the minutes of HSENIs gas
safety working group where specifically these points were raised to our
councils and what councils and others were at the meeting. if names do not
wish to be disclosed just put business name and numbers will be
acceptable.

Information not held.

 

 

I trust you find this information useful, however, if you are dissatisfied
with the way in which HSENI has handled your request, please go to the
HSENI website at the following link which explains the actions that are
available to you:

 

·         [1]http://www.hseni.gov.uk/about-hseni/cont...  

 

 

Yours Sincerely

 

Zara Kelly

Information Management Unit

References

Visible links
1. http://www.hseni.gov.uk/about-hseni/cont...

Dear DfE HSENI FOI,

Can you please confirm the remaining general questions will be answered inline with the Parlinentary Ombudsman’s Office legislation of Honesty and Transparency

Yours sincerely,

Paul steward

DfE HSENI FOI, Health and Safety Executive for Northern Ireland

Dear Mr Steward,

I refer to your email received on 4 February 2019 in the Health and Safety Executive for Northern Ireland (HSENI).

I can confirm that we have responded to all your questions .

I hope you find this information useful; however, if you are dissatisfied with the way in which HSENI has handled your request, please go to the HSENI website at the link provided below which explains the actions that are available to you:

https://www.hseni.gov.uk/information-acc...

Yours Sincerely

Zara Kelly

Information Management Unit

Dear DfE HSENI FOI,

Can you please supply me with your last 5 meetings (minutes) between HSENI and the Gas Safety working group along with attendees.
If names do not want to be disclosed business/company name and position held within the given organisation
Yours sincerely,

Paul steward

DfE HSENI FOI, Health and Safety Executive for Northern Ireland

 

Dear Paul,

 

FREEDOM OF INFORMATION ACT 2000

 

Reference: FOI/15/2019

 

 

I refer to your email entitled ‘FOI/8/2019 - Information request; Passing
Information To Our Councils Safety 1st’, dated 9 February 2019 to HSENI.

 

I acknowledge receipt of your request. HSENI is currently working on this
and will be in touch with you once our response is complete.

 

If you have any queries regarding this email or your request please
contact HSENI by email to [1][HSENI request email] and remember to quote our
reference, FOI/15/2019, on any future correspondence.

 

Yours sincerely,

 

 

Laura Donnelly

HSENI

Information Management Unit

 

References

Visible links
1. mailto:[HSENI request email]

O'Neill, Liam, Health and Safety Executive for Northern Ireland

Dear Mr Steward,

 

FREEDOM OF INFORMATION ACT 2000 (FOIA) – EXTENSION OF TIME

 

Thank you for your request for information which we received on 09
February 2019.  I can confirm that HSENI does hold information falling
within the terms of your request.

 

However, it has not been possible to respond to your request within the
initial 20 working days specified in the regulations for which I
apologise. We are in consultation with third parties regarding information
supplied by them and will require additional time to allow for a response.

 

If you have any queries regarding this email or your request please
contact me on the number below.

 

Yours faithfully

Liam O'Neill
Information Manager
Tel: 028 9054 7088 (ext: 47088)
[mobile number]

[1][IMG] [2][IMG]
[3][IMG]

 

References

Visible links
1. http://www.hseni.gov.uk/
2. https://www.facebook.com/hseni.gov.uk
3. https://twitter.com/Hsenigov

Dear O'Neill, Liam,

Thank you for your apology of which I appreciate,I prefer to communicate via Whatdotheyknow.com rather than phone this way accountability and transparency can prevail. Also I have experienced what I would consider aggressive behaviour when others have spoken with you directly and indirectly.

1. Can you please give me a estimated time when I would or would not be likely to be furnished with the requested information?
2. What question/questions require 3rd party intervention?
3.If this delay is due to contacting those parties who are part of HSENI’s gas safety working group where no coal face gas engineers are represented all those in attendance at the meetings must and should have been made aware that their attendance will be disclosed under an FOI request , I am struggling to identify the area of delay, please be more specific where possible please.

Yours sincerely,

Paul steward

O'Neill, Liam, Health and Safety Executive for Northern Ireland

Dear Mr Steward,

FREEDOM OF INFORMATION ACT 2000

I refer to your email of 09 March 2019.

HSENI considers all complaints to be a serious matter, if you wish to raise a complaint about alleged aggressive behaviour by myself or another HSENI member of staff you can do so by writing to:

The Head of Services Division
The Health and Safety Executive for Northern Ireland
83 Ladas Drive
Belfast
BT6 9FR

Mark your envelope “Personal and Confidential”.

Or by email to - [email address]

Further information on our complaints process can be found at: - https://www.hseni.gov.uk/complaints-abou...

In response to your queries:

1. We will endeavour to respond to you at the earliest date preceding receipt of our third party enquiries and within the extended timescale.

2. Certain information contained within the minutes of the meetings falls to be considered under Section 44 of the FOIA. Section 44 (1) of the FOI Act prohibits the release of information where its disclosure is prohibited by or under any other enactment. Under the provisions of Article 30 of the Health and Safety at Work (Northern Ireland) Order 1978, certain information cannot be released without the consent of the person/s who furnished it. As such, HSENI is unable to disclose any information obtained by an Inspector as a result of the exercise of his or her powers, except with the consent of the person who furnished it or, for the purposes of any legal proceedings.

3. The delay is due to our engagement in the third party consultation process as described at 2 above - (I am unaware of the requirement you refer to below at item 3 below).

If you have any queries about this email, please contact me. Please remember to quote the reference number above in any future communications.

I hope you find this information useful, but if you are dissatisfied with the way in which HSENI has handled your request, please go to http://www.hseni.gov.uk/about-hseni/cont... which explains the actions that are available to you.

Yours Sincerely

Liam O'Neill
Information Manager
Tel: 028 9054 7088 (ext: 47088)

O'Neill, Liam, Health and Safety Executive for Northern Ireland

3 Attachments

 

Dear Mr Steward,

 

FREEDOM OF INFORMATION ACT 2000

 

Reference: FOI/15/2019

 

 

I refer to your request for information contained in your email entitled
‘FOI/8/2019 - Information request; Passing Information To Our Councils
Safety 1st’, dated 9 February 2019 to HSENI.

 

You asked us to supply ‘me with your last 5 meetings (minutes) between
HSENI and the Gas Safety working group along with attendees’.

 

Following a search of our paper and electronic records I can advise we
hold information relevant to your request.

 

This information has been collated and is attached to this email as a PDF
document ‘FOI_15_2019_redacted.pdf’.

 

NOTE: The following meetings (listed below) fall within the scope of your
request. As indicated HSENI do not hold minutes or meeting notes for all
the meetings that have taken place.

 

December 2018 – Information not held.

June 2018 – see attached PDF document.

March 2018 – see attached PDF document.

Dec 2017 – see attached PDF document.

October 2017 - Information not held.

Where appropriate, some personal data has been redacted from these
documents as the information is exempt from release under section 40(1)(b)
of the Act. This means that disclosure of the information would involve
releasing personal information about individuals and members of staff.
Release of this information would breach the Data Protection Principles
contained within Article 5(1) of the General Data Protection Regulation.
This requires us to process personal information in a lawful, fair and
transparent manner. The individuals and members of staff concerned would
not expect their personal details to be released in response to an FOI
request. In our opinion, it would be unfair to the individuals concerned
for such information to be released into the public domain.

Following on from our third party consultation process I can advise that
additional information has been withheld under section 31(1)(g) in a
combination with 31(2) of the FOIA as it is considered it’s disclosure
would or would be likely to prejudice:

 

(i)           the purpose of ascertaining whether circumstances which
would justify regulatory action in pursuance of any enactment exist or may
arise - s31(2)(c) FOI Act

(ii)         the purpose of securing the health, safety and welfare of
persons at work - s31(2)(i); and

(iii)       the purpose of protecting persons other than persons at work
against risk to health or safety arising out of or in connection with the
actions of persons at work - s31(2)(j).

 

Section 31 is a qualified exemption and is subject to the public interest
test. The public interest test requires the HSENI to weigh the harm that
would be caused by disclosure against the wider public interest that may
be served by disclosing the information.

 

Section 31 is subject to the Public Interest Test and set out below is the
test result table.

 

PUBLIC INTEREST TEST – RESULTS TABLE - FOI Exemption 31 (1) (g)

 

 

Factors supporting disclosure Factors supporting non-disclosure
There is a general public interest  
in information being accessible as:-
o There is a general public
  interest in HSENI and its staff
having ‘private space’ within
o A means of allowing people to which it can discuss/consider how
understand the reasons for best to discharge the functions
decisions made by public of HSENI. That ‘private space’
authorities; allows its staff to formulate and
discuss the advantages and
  disadvantages of particular
courses of actions or how a
o A way of improving transparency particular situation should be
and accountability; best approached.

   

o A means of allowing people to o The absence of this ‘private
determine whether HSENI has space’ is likely to result in a
acted appropriately and is general unwillingness of
discharging its statutory officials to debate issues fully
functions. and frankly. As a result the
quality of record keeping and
decision making would be
adversely affected.

 

o Disclosure of this type of
internal information could be
taken out of context and be used
to undermine the quality of HSENI
decisions and regulatory
activities

 

 

Conclusion : That in all circumstances of the case, the public interest in
maintaining the exception outweighs the public interest in disclosing the
information.

 

 

Furthermore, some additional information was also collected by inspectors
of the Council using the powers contained in Article 22 of the Health and
Safety (NI) Order 1978, this information is subject to a statutory bar.

 

Section 44(1)(a) of the FOI Act provides:

 

(1) Information is exempt information if its disclosure (otherwise than
under this Act) by the public authority holding it

(a) is prohibited by or under any enactment,

 

Provisions in legislation prohibiting the disclosure of information are
referred to as statutory prohibitions/statutory bars and require a public
authority not to disclose specific information. Article 30(6) of the
Health and Safety at Work (NI) Order 1978 provides:

 

(6) A person shall not disclose any information obtained by him as a
result of the exercise of any power conferred by Article 16(4)( a) or 22
(including, in particular, any information with respect to any trade
secret obtained by him in any premises entered by him by virtue of any
such power) except—

 

(a) for the purposes of his functions; or

(b) for the purposes of any legal proceedings or any investigation or
inquiry held by virtue of Article 16(2) or for the purposes of a report of
any such proceedings or inquiry or of a special report made by virtue of
Article 16(2); or

(c) with the relevant consent.

 

Unfortunately in these particular cases consent was not forthcoming and
therefore certain information has been redacted. Section 44 is an absolute
exemption, there is no requirement to apply a public interest test.

 

If you have any queries about this email, please contact me. Please
remember to quote the reference number above in any future communications.

 

I hope you find this information useful, but if you are dissatisfied with
the way in which HSENI has handled your request, please go to
[1]https://www.hseni.gov.uk/information-acc... which explains
the actions that are available to you.

 

Yours Sincerely

 

Liam O'Neill

Information Manager

HSENI
83 Ladas Drive
Belfast, BT6 9FR
Tel: 028 9054 7088 (ext: 47088)
[mobile number]
Textphone: 028 9052 9304
Web: [2]www.hseni.gov.uk

Please consider the environment - do you really need to print this e-mail?

 

 

 

 

 

References

Visible links
1. https://www.hseni.gov.uk/information-acc...
2. http://www.hseni.gov.uk/