Passing of Intelligence to the FCA

Mark made this Freedom of Information request to Competition and Markets Authority

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

The request was partially successful.

Dear Competition and Markets Authority,

In the process of receiving and or investigating complaints and tip offs, In the past year how many companies have been reported to the FCA for

1. Breaches of Financial Regulation

2. Market Abuse

If none have occurred in the past 12 months, please extend the period to 5 years

As it is a duty of any civil servant to report and that internal officers or offices should be available to do so there should be data available in this regard.

Yours faithfully,

M Doyle

Stephen Bracken-Kemish, Competition and Markets Authority

1 Attachment

Classification:Official

 

Dear Mr Doyle

 

I attach the CMA's acknowledgement of your new FoI request

 

Yours sincerely

 

Stephen Bracken-Kemish

 

 

Stephen Bracken-Kemish

Information Management and Security Assistant

Information Access Team

 

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Nigel Bussey, Competition and Markets Authority

1 Attachment

Classification:Official

 

 

 

 

 

Dear Mr Doyle

 

Please find attached to this email the CMA’s response to your recent
request for information, dealt with under the reference number quoted
above.

 

Regards

 

 

Nigel Bussey

CMA Information Access Team

 

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Dear Competition and Markets Authority,

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

I am writing to request an internal review of Competition and Markets Authority's handling of my FOI request 'Passing of Intelligence to the FCA'.

The request made was

“In the process of receiving and or investigating complaints and tip offs, in the past
year how many companies have been reported to the FCA for
1. Breaches of Financial Regulation
2. Market Abuse

The stipulated period was for 1 year and if no information has been passed have taken place extend to 5 years. However in the circumstances of the CMA would be 4 years maximum. The overly convoluted refusal response indicates that the period would in fact be a year and that alone in comparison with previously published data indicates a anomaly.

Given that statistical analysis of any received information and and resulting action is a perquisite of any enforcement agency and the fact that in the past year the CMA received less than a couple of hundred tipoffs and also carried out a 4 year banking investigation indicates the following

That the refusal reasons given are erroneous at best and misleading at worst. The simple fact is that the refusal response indicates a cross communication in order that there be no doubling up of investigations between the 2 agencies. Again this would need to be monitored for performance and analysis to generate statistical information for reporting

Furthermore the following 4 year investigation by the CMA further undermines the refusal or in fact the investigation itself as it would necessitate cross agency reporting and record keeping for analysis.

https://www.gov.uk/cma-cases/review-of-b...

The simple fact is the information requested was statistical and should be to hand, especially in light of that 4 year investigation into the sector. To state that it does not exist and would exceed £600 to compile these simple numbers indicates incredulity in the refusal or a substantial problem with intelligence gathering, analysis and external distribution management within the CMA , especially to other agencies with cross over remits. It the latter is the case, it is a probable breach of the civil service code.

I sincerely hope that the CMA reviews it's position and deals with this request seriously and in a positive manner in order to avoid further complaint with the ICO. Furthermore I should remind the reviewing officer that any FOI request should be treated in isolation and should not be conflated with and encompass any other request or correspondence made by the requester, which appears to be the case and indicated in writing.

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

Yours faithfully,

M Doyle

Stephen Bracken-Kemish, Competition and Markets Authority

1 Attachment

Classification:Official

 

 

Dear Mr Doyle

 

Please find attached the CMA’s acknowledgement of your request for an
Internal Review of the CMA’s response to your FoI request “Passing of
Intelligence to the FCA”.

 

Yours sincerely

 

Stephen Bracken-Kemish

 

 

Stephen Bracken-Kemish

Information Management and Security Assistant

Information Access Team

 

show quoted sections

John McInnes, Competition and Markets Authority

1 Attachment

Classification:Official

 

Dear Mr Doyle

 

Please find attached a response to your request for an internal review of
the CMA’s response to your request of 23 October 2018 for information
under the Freedom of Information Act 2000.

 

Kind regards

John

 

John McInnes | Legal Director | Competition and Markets Authority |
Victoria House, Southampton Row, London WC1B 4AD |

* [1][email address] | ( +44 (0)20 3738 6287

 

 

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