Payments made by undercover units informers and agents.

The request was refused by Metropolitan Police Service (MPS).

Dear Metropolitan Police Service (MPS),

There is a detailed description in the book, "Undercover" about cash payments to informers and agents by secret Police units operated by MPS. A newspaper report of one of these cases is covered here:

http://www.theguardian.com/uk/2009/apr/2...

It is stated that substantial cash payments are being made by the variety of secret Police units that have operated over a number of years. According to the, "Undercover" book, these have existed since 1968. Please provide the following information in relation to these payments under the Freedom of Information Act.

1) Who has responsibility for controlling cash sums expended for these purposes?

2) What controls exist to ensure that public monies are not being used fraudulently?

3) What accounting systems are in place in respect of public monies used for these purposes?

4) Who took the decision to give these payments the status of "black" money, not being subjected to tax, or other statutory deductions? At what level was this decision authorised to deal with these payments unlawfully?

5) What amounts were paid in total for each of the 6 years ended 31 March 2014?

Yours faithfully,

Merlyn Roberts

Metropolitan Police Service (MPS)

Dear Mr Roberts

Freedom of Information Request Reference No: 2014090000033
I respond in connection with your request for information which was
received by the Metropolitan Police Service (MPS) on 30/08/2014.  I note
you seek access to the following information:

There is a detailed description in the book, "Undercover" about cash
payments to informers and agents by secret Police units operated by MPS.
A newspaper report of one of these cases is covered here:
http://www.theguardian.com/uk/2009/apr/2...
It is stated that substantial cash payments are being made by the variety
of secret Police units that have operated over a number of years.
According to the, "Undercover" book, these have existed since 1968.
Please provide the following information in relation to these payments
under the Freedom of Information Act.
1) Who has responsibility for controlling cash sums expended for these
purposes?
2) What controls exist to ensure that public monies are not being used
fraudulently?
3) What accounting systems are in place in respect of public monies used
for these purposes?
4) Who took the decision to give these payments the status of "black"
money, not being subjected to tax, or other statutory deductions?
At what level was this decision authorised to deal with these payments
unlawfully?
5) What amounts were paid in total for each of the 6 years ended 31 March
2014?

Your request will now be considered in accordance with the Freedom of
Information Act 2000 (the Act).  You will receive a response within the
statutory timescale of 20 working days as defined by the Act, subject to
the information not being exempt or containing a reference to a third
party.  In some circumstances the MPS may be unable to achieve this
deadline.  If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.

Some requests may also require either full or partial transference to
another public authority in order to answer your query in the fullest
possible way. Again, you will be informed if this is the case.

COMPLAINT RIGHTS

Your attention is drawn to the attached sheet, which details your right of
complaint.

Should you have any further enquiries concerning this matter, please
contact me on telephone number 020 7230 4019 quoting the reference number
above.

Yours sincerely

Peter Royan-Posse
Case Investigation Officer
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome to discuss the
response with the case officer who dealt with your request.  

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
 Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: Facebook.com/metpoliceuk
Twitter: @metpoliceuk

Metropolitan Police Service (MPS)

Dear Mr Roberts

Freedom of Information Request Reference No: 2014090000033

I write in connection with your request for information which was received
by the Metropolitan Police Service (MPS) on 30/08/2014.  I note you seek
access to the following information:

* There is a detailed description in the book, "Undercover" about cash
payments to informers and agents by secret Police units operated by
MPS. A newspaper report of one of these cases is covered here:
http://www.theguardian.com/uk/2009/apr/2...
It is stated that substantial cash payments are being made by the
variety of secret Police units that have operated over a number of
years. According to the, "Undercover" book, these have existed since
1968. Please provide the following information in relation to these
payments under the Freedom of Information Act. 1) Who has
responsibility for controlling cash sums expended for these purposes?
2) What controls exist to ensure that public monies are not being used
fraudulently? 3) What accounting systems are in place in respect of
public monies used for these purposes? 4) Who took the decision to
give these payments the status of "black" money, not being subjected
to tax, or other statutory deductions? At what level was this decision
authorised to deal with these payments unlawfully? 5) What amounts
were paid in total for each of the 6 years ended 31 March 2014?

Under the Freedom of Information Act 2000 (the Act), we have 20 working
days to respond to a request for information.

I am sorry to inform you that we have not been able to complete our
response to your request by the date originally stated. As a result we
will not be able to respond within 20 working days.

I can now advise you that the amended date for a response is 24/10/14.

May I apologise for any inconvenience caused.

COMPLAINT RIGHTS

If you are dissatisfied with this response please read the attached paper
entitled Complaint Rights which explains how to make a complaint.

Should you have any further enquiries concerning this matter, please
contact me on 0207 230 6267 or at the address at the top of this letter,
quoting the reference number above.

Yours sincerely

Yvette Taylor
Information Manager
COMPLAINT RIGHTS

Are you unhappy with how your request has been handled or do you think the
decision is incorrect?

You have the right to require the Metropolitan Police Service (MPS) to
review their decision.

Prior to lodging a formal complaint you are welcome to discuss the
response with the case officer who dealt with your request.  

Complaint

If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.

Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:

FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]

In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk.
 Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: Facebook.com/metpoliceuk
Twitter: @metpoliceuk

Metropolitan Police Service (MPS)

 
Dear Mr Roberts
 
Freedom of Information Request Reference No:  2014090000033
 
I respond in connection with your request for information which was
received by the Metropolitan Police Service (MPS) on 30/08/2014.  I note
you seek access to the following information:
 
There is a detailed description in the book, "Undercover" about cash
payments to informers and agents by secret Police units operated by MPS. A
newspaper report of one of these cases is covered here:
 
 
 
[1]http://www.theguardian.com/uk/2009/apr/2...
 
 
 
It is stated that substantial cash payments are being made by the variety
of secret Police units that have operated over a number of years.
According to the, "Undercover" book, these have existed since 1968. Please
provide the following information in relation to these payments under the
Freedom of Information Act.
 
 
1) Who has responsibility for controlling cash sums expended for these
purposes?
 
2) What controls exist to ensure that public monies are not being used
fraudulently?
 
3) What accounting systems are in place in respect of public monies used
for these purposes?
 
4) Who took the decision to give these payments the status of "black"
money, not being subjected to tax, or other statutory deductions? At what
level was this decision authorised to deal with these payments unlawfully?
 
5) What amounts were paid in total for each of the 6 years ended 31 March
2014?
 
EXTENT OF SEARCHES TO LOCATE INFORMATION
 
To locate the information relevant to your request searches were conducted
within Specialist Crime and Operations.
 
DECISION
 
Please find attached information pursuant to your request above.
 
1) Who has responsibility for controlling cash sums expended for these
purposes?
 
The Authorising Officers,  as defined by The Regulation of Investigatory
Powers Act 2000 (RIPA) , control and oversee cash payments. I have
provided an internet link below to RIPA:
 
[2]http://www.legislation.gov.uk/ukpga/2000...
 
2) What controls exist to ensure that public monies are not being used
fraudulently?
 
The financial systems governing the management of Covert Human
Intelligence Source (CHIS) payments are subject to a strict authority
process requiring the approval of Superintendent rank and above.  Regular
management information is produced reporting detailed expenditure to
senior managers.  The financial control systems are also subject to
inspection and review by the Mayor's Office for Policing and Crime
internal auditors.
 
3) What accounting systems are in place in respect of public monies used
for these purposes?
 
A corporate electronic-based accounting system is used to record CHIS
payments. 
 
 
4) Who took the decision to give these payments the status of "black"
money, not being subjected to tax, or other statutory deductions? At what
level was this decision authorised to deal with these payments unlawfully?
 
It has been decided to refuse access to the information you have requested
in question 4 under the provisions of Section 8 of the Freedom of
Information Act 2000 (the Act).
 
A request under the Act is required by statute to be capable of being used
for subsequent reference.
 
This is not a request for recorded information which may be held by the
MPS but questions around a topic. Additionally, you have referred to
'black' money. This terminology is not recognised by the MPS. You have
also referred to unlawful payments which is inaccurate as this suggests
impropriety on behalf of the parties concerned.
 
The link below to the Home Office Covert Human Intelligence Sources Code
of Practice may assist  you with your questions around this topic:
 
[3]https://www.gov.uk/government/uploads/sy...
 
Finally, I attach an excerpt from the Information Commissioner's website
which may assist you in composing any future Freedom of Information
requests.
 
What can I request under the Freedom of Information Act?
You have the right to request any information held by public authorities.
The Act allows access to recorded information, such as emails, meeting
minutes, research or reports, held by public authorities in England,
Northern Ireland and Wales and some authorities located in Scotland.
 
5) What amounts were paid in total for each of the 6 years ended 31 March
2014?
 
I have today decided to fully exempt the information requested in question
5 pursuant to the provisions of Section 21(1) Information accessible to
applicant by other means.
 
In accordance with the Act, this response represents a Refusal Notice for
this particular request under Section 17(1) of the Act.
 
REASONS FOR DECISION
 
Section 21(1) Information accessible to applicant by other means is an
absolute class-based exemption and therefore there is no requirement to
conduct a harm or public interest test.
 
The MPS publishes the amount spent on obtaining information from
informants on the MPS Publication Scheme. I have provided the link below:
 
[4]http://www.met.police.uk/foi/pdfs/what_w...
 
COMPLAINT RIGHTS
 
Your attention is drawn to the attached sheet which details your right of
complaint.
 
Should you have any further enquiries concerning this matter, please
E-Mail or contact me on telephone number 0207 230 6267 quoting the
reference number above.
 
Yours sincerely
 
 
 
 
Yvette Taylor
Information Manager
In complying with their statutory duty under sections 1 and 11 of the
Freedom of Information Act 2000 to release the enclosed information, the
Metropolitan Police Service will not breach the Copyright, Designs and
Patents Act 1988. However, the rights of the copyright owner of the
enclosed information will continue to be protected by law.  Applications
for the copyright owner's written permission to reproduce any part of the
attached information should be addressed to MPS Directorate of Legal
Services, 1st Floor (Victoria Block), New Scotland Yard, Victoria, London,
SW1H 0BG.
COMPLAINT RIGHTS
 
Are you unhappy with how your request has been handled or do you think the
decision is incorrect?
 
You have the right to require the Metropolitan Police Service (MPS) to
review their decision.
 
Prior to lodging a formal complaint you are welcome to discuss the
response with the case officer who dealt with your request. 
 
Complaint
 
If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.
 
Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:
 
FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]
 
In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
 
The Information Commissioner
 
After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.
 
For information on how to make application to the Information Commissioner
please visit their website at [5]www.informationcommissioner.gov.uk. 
Alternatively, phone or write to:
 
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone:  01625 545 700
 
LEGAL ANNEX
 
Section 8 of the Act provides:
 
(1) In this Act any reference to a "request for information" is a
reference to such a request which-
(a) is in writing,
(b) states the name of the applicant and an address for correspondence,
and
(c) describes the information requested.
(2) For the purposes of subsection (1)(a), a request is to be treated as
made in writing where the text of the request-
(a) is transmitted by electronic means,
(b) is received in legible form, and
(c) is capable of being used for subsequent reference.
 
Section 17 of the Act provides:
 
(1)        A public authority which, in relation to any request for
information, is to any extent relying on a claim that any provision in
part II relating to the duty to confirm or deny is relevant to the request
or on a claim that information is exempt information must, within the time
for complying with section 1(1), give the applicant a notice which-
 
(a) states the fact,
(b) specifies the exemption in question, and
(c) states (if that would not otherwise be apparent) why the exemption
applies.
 
Section 21(1) of the Act provides:
 
(1)Information which is reasonably accessible to the applicant otherwise
than under section 1 is exempt information
 
 
 

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: Facebook.com/metpoliceuk
Twitter: @metpoliceuk

References

Visible links
1. http://www.theguardian.com/uk/2009/apr/2...
2. http://www.legislation.gov.uk/ukpga/2000...
3. https://www.gov.uk/government/uploads/sy...
4. http://www.met.police.uk/foi/pdfs/what_w...
5. file:///tmp/www.informationcommissioner.gov.uk

Dear Metropolitan Police Service (MPS),

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

I am writing to request an internal review of Metropolitan Police Service (MPS)'s handling of my FOI request 'Payments made by undercover units informers and agents.'.

The response has been studied and in the case of information requested at Item (5), the refusal to supply the details is justified on the grounds that the information is either available, or accessible, "by other means". The source where this precise information may be found is not specified. The FOI request related specifically to payments made to agents and informers in each of the 6 years to 31 March 2014.These are not known to be available anywhere in published form.

Please advise where this information is available exactly?

Otherwise,in the event that this information is not accessible in the precise format requested, the refusal is unacceptable and the request stands.

It is in the public interest for these financial transactions to be transparent, it is public money being paid after all.

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,

Merlyn Roberts

Metropolitan Police Service (MPS)

Dear Mr. Roberts
Freedom of Information Request for review Reference No: #MLYG-9PUCL8#
 
I write in connection with your request for a review of the original MPS
decision relating to 2014090000033 which was received by the Metropolitan
Police Service (MPS) on 11/10/2014.
Your request for a review will now be considered in accordance with the
Freedom of Information Act 2000 (the Act). You will receive a response to
your request for a review of the original MPS case within a timescale of
20 working days. In some circumstances the MPS may be unable to achieve
this deadline. If this is likely you will be informed and given a revised
time-scale at the earliest opportunity.
 
COMPLAINT RIGHTS
Your attention is drawn to the attached sheet, which details your right of
complaint.
Yours sincerely
 
For Admin team
COMPLAINT RIGHTS
Are you unhappy with how your request has been handled or do you think the
decision is incorrect?
You have the right to require the Metropolitan Police Service (MPS) to
review their decision.
Prior to lodging a formal complaint you are welcome to discuss the
response with the case officer who dealt with your request.
Complaint
If you are dissatisfied with the handling procedures or the decision of
the MPS made under the Freedom of Information Act 2000 (the Act) regarding
access to information you can lodge a complaint with the MPS to have the
decision reviewed.
Complaints should be made in writing, within forty (40) working days from
the date of the refusal notice, and addressed to:
FOI Complaint
Public Access Office
PO Box 57192
London
SW6 1SF
[email address]
In all possible circumstances the MPS will aim to respond to your
complaint within 20 working days.
The Information Commissioner
After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.
For information on how to make application to the Information Commissioner
please visit their website at [1]www.informationcommissioner.gov.uk.
Alternatively, phone or write to:
Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Phone: 01625 545 700
 
 
 
 
 
 
 
 

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: Facebook.com/metpoliceuk
Twitter: @metpoliceuk

References

Visible links
1. file:///tmp/outbind:/7/www.informationcommissioner.gov.uk

Metropolitan Police Service (MPS)

Dear Mr. Roberts

 

Freedom of Information Request Reference No: #MLYG-9PUCL8#

 

Further to our acknowledgement, I write in connection with your recent
complaint (reference number above).

 

I have been allocated your internal review to investigate, and note that
your issue lies with the response to question 5 of your request.  I am
aware that you originally asked for the following information:

 

"What amounts were paid in total for each of the 6 years ended 31 March
2014?"

 

I also note that the following response was issued to you by Ms. Taylor:

 

"I have today decided to fully exempt the information requested in
question 5 pursuant to the provisions of Section 21(1) Information
accessible to applicant by other means.

 

 In accordance with the Act, this response represents a Refusal Notice for
this particular request under Section 17(1) of the Act.

 

 REASONS FOR DECISION

 

 Section 21(1) Information accessible to applicant by other means is an
absolute class-based exemption and therefore there is no requirement to
conduct a harm or public interest test.

 

 The MPS publishes the amount spent on obtaining information from
informants on the MPS Publication Scheme. I have provided the link below:

 

 [4]http://www.met.police.uk/foi/pdfs/what_w...
"

 

However, your complaint states the following:

 

"The response has been studied and in the case of information requested at
Item (5), the refusal to supply the details is justified on the grounds
that the  information is either available, or accessible, "by other
means".  The source where this precise information may be found is not
specified. The FOI request related specifically to payments made to agents
and informers in each of the 6 years to 31 March 2014.  These  are not
known to be available anywhere in published form.

 

Please advise where this information is available exactly?

 

Otherwise, in the event that this information is not accessible in the
precise format requested, the refusal is unacceptable and the request
stands."

 

My understanding of this complaint is that you appear to have been unable
to either locate or open the link that was sent to you by Ms. Taylor.  I
have checked and found that I can open the link that was included within
the response, which takes me directly to a PDF document that appears to
contain all of the information that you have requested in question 5.  I
have pasted this link again below for your convenience:

 

http://www.met.police.uk/foi/pdfs/what_w...

 

As it appears to me that the link was provided and does answer the
question that you have asked, I am unsure as to how else I can assist with
this review.  As it stands, it is my intention to uphold the original
decision to apply section 21(1) of the Act to this question.  Can I
therefore ask you to please explain further if you believe that this link
somehow does not address what you have requested?  I will then be able to
investigate further.

 

If I do not hear from you with a further explanation by Monday 20th
October, I will proceed as described above and issue a formal response.

 

Many thanks in advance.

 

Yours sincerely

 

 

S. Stroud

FOIA Advisor

 

COMPLAINT RIGHTS

 

 

 

The Information Commissioner

 

After lodging a complaint with the MPS if you are still dissatisfied with
the decision you may make application to the Information Commissioner for
a decision on whether the request for information has been dealt with in
accordance with the requirements of the Act.

 

For information on how to make application to the Information Commissioner
please visit their website at www.informationcommissioner.gov.uk
Alternatively, phone or write to:

 

Information Commissioner's Office

Wycliffe House

Water Lane

Wilmslow

Cheshire

SK9 5AF

Phone:  01625 545 700

 

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: Facebook.com/metpoliceuk
Twitter: @metpoliceuk

Dear Metropolitan Police Service (MPS),

Thank you for your recent response which covered the provision of information on payments to agents and informers. Item (5) of the FOI request was refused on the basis of the information being available elsewhere.

The link you have sent with details of payments to informers does not provide the information requested at Item (5) of the original request. The information sought was stated as relating to payments made to agents and informers by secret Police units, or undercover operatives. The FOI request was based on the details on secret Police units as described in the book, "Undercover". This stated that very substantial amounts of cash were paid by these secret Police units and undercover operatives. It is the precise details of these amounts that are sought. This was stated clearly in the original request. The information you claim to be available and for which you have sent the link, does not provide the information requested. This information covers payments to informers made by the Metropolitan Police in general. Please supply the specific information in the FOI request now.

Yours faithfully,

Merlyn Roberts

Metropolitan Police Service (MPS)

I am now out of the office until Monday 20 October 2014. 

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S. Stroud

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Metropolitan Police Service (MPS)

Dear Mr Roberts

Freedom of Information Internal Review Reference No: 2014100000474
(formerly ref no: #MLYG-9PUCL8#)

I write in connection with your correspondence dated 11/10/2014 requesting
that the Metropolitan Police Service (MPS) review its response dated
10/10/2014 to your request for information relating to Freedom of
Information Request reference number 2014090000033.  Your request was as
follows:

There is a detailed description in the book, "Undercover" about cash
payments to informers and agents by secret Police units operated by MPS. A
newspaper report of one of these cases is covered here:

http://www.theguardian.com/uk/2009/apr/2...

It is stated that substantial cash payments are being made by the variety
of secret Police units that have operated over a number of years.
According to the, "Undercover" book, these have existed since 1968. Please
provide the following information in relation to these payments under the
Freedom of Information Act.

1) Who has responsibility for controlling cash sums expended for these
purposes?

2) What controls exist to ensure that public monies are not being used
fraudulently?

3) What accounting systems are in place in respect of public monies used
for these purposes?

4) Who took the decision to give these payments the status of "black"
money, not being subjected to tax, or other statutory deductions?
At what level was this decision authorised to deal with these payments
unlawfully?

5) What amounts were paid in total for each of the 6 years ended 31 March
2014?

DECISION

Based upon your recent correspondence, I believe that the MPS reasonably
requires further information in order to identify and locate the
information requested.

REASON FOR DECISION        

The ICO’s guidance in relation to interpreting requests for information
advises the following:

‘The public authority should read the request objectively, that is, it
should take care not to read into a request any meaning which is not in
the plain wording.’

‘Where the request is not clear, or can be read in more than one way, the
public authority will need to ask the requester for clarification. The
authority should not try to guess what the requester might want.’

‘There is no requirement to seek clarification if the authority is able to
comply with the request without further information. However, as a matter
of good practice, the authority may contact the requester if it has any
reason to believe the requester wants different or additional information
from what has been requested.’

This ICO guidance document further states that public authorities should
not ‘provide the requester with the information you think they want rather
than what the request asks for’.

http://www.ico.gov.uk/~/media/documents/...

Your correspondence dated 18/10/2014 states:

'The FOI request was based on the details on secret Police units as
described in the book, "Undercover". This stated that very substantial
amounts of cash were paid by these secret Police units and undercover
operatives. It is the precise details of these amounts that are sought.
This was stated clearly in the original request. The information you claim
to be available and for which you have sent the link, does not provide the
information requested. This information covers payments to informers made
by the Metropolitan Police in general.'

With this in mind, I believe that it may be helpful to provide further
context.

A Covert Human Intelligence Source (CHIS) is a statutory term defined in
section 26(8) of the Regulation of Investigatory Powers Act 2000 (RIPA)
which states:

‘For the purposes of this Part a person is a covert human intelligence
source if:
(a) he establishes or maintains a personal or other relationship with a
person for the covert purpose of facilitating the doing of anything
falling within paragraph (b) or (c);
(b) he covertly uses such a relationship to obtain information or to
provide access to any information to another person; or
(c) he covertly discloses information obtained by the use of such a
relationship, or as a consequence of the existence of such a
relationship.’
http://www.legislation.gov.uk/ukpga/2000...

Section 26(9) of RIPA further states:

'(9) For the purposes of this section—

(b) a purpose is covert, in relation to the establishment or maintenance
of a personal or other relationship, if and only if the relationship is
conducted in a manner that is calculated to ensure that one of the parties
to the relationship is unaware of the purpose; and

(c) a relationship is used covertly, and information obtained as mentioned
in subsection (8)(c) is disclosed covertly, if and only if it is used or,
as the case may be, disclosed in a manner that is calculated to ensure
that one of the parties to the relationship is unaware of the use or
disclosure in question.'

The Home Office Covert Human Intelligence Sources Code of Practice states:

'Human source activity falling outside CHIS definition
2.13. Not all human source activity will meet the definition of a CHIS.
For example, a source may be a public volunteer who discloses information
out of professional or statutory duty, or has been tasked to obtain
information other than by way of a relationship.'

https://www.gov.uk/government/uploads/sy...

Your correspondence dated 18/10/2014 states:

‘The information you claim to be available and for which you have sent the
link, does not provide the information requested. This information covers
payments to informers made by the Metropolitan Police in general.’

Furthermore, your request was made with reference to published literature
and journalistic material.  Not withstanding the fact that more than one
book bears the title ‘Undercover’, this does not appear to describe the
specific information you require, presupposes familiarity with the named
book and could be interpreted in more than one way.

Your request also provided a link to ‘a newspaper report of one of these
cases’.  However, the linked article appears to relate to policing in
Scotland and Strathclyde police rather than London or the MPS.

Where you have requested ‘information in relation to these payments under
the Freedom of Information Act’, this was originally interpreted as
relating to ‘MPS payments to informants’.

The information published in relation to ‘informants’ via the MPS
Publication Scheme relates to CHIS which by definition relates to covert
policing.

With the above in mind, it is unclear where you have drawn a distinction
between ‘secret police units’ and ‘payments to informers made by the
Metropolitan Police in general’.  Therefore, further information is
reasonably required in order to identify and locate the information
requested.

Advice and assistance

In order for the MPS to be able to identify and locate the information
requested it is necessary for you to provide more specific information.

For example, the article cited in your request relates to protest
organisations.  Therefore, you may wish to limit your request to payments
to informants relating to protest organisations.

Alternatively you may wish to reframe or reword your request without
referring to published books and articles so that the wording of your
request is clear and unambiguous when read in isolation.

You may also be interested in the decision of the First-Tier Tribunal
(Information Rights) in relation to case number EA/2010/0006.  This case
related to a request for the amount of money spent on paying informants
within a single London borough.  The circumstances of the case may be
similar to the circumstances of your request as you appear to be
unsatisfied with MPS-wide figures.  In particular, paragraphs 41-91 of the
case decision outlines the public interest considerations that are likely
to apply to requests for a more detailed breakdown of figures relating to
payments to informants.  In the circumstances of that case, the tribunal
unanimously found that the public interest favoured non-disclosure.

EA/2010/0006 - Decision
http://www.informationtribunal.gov.uk/DB...

EA/2010/0006 - Case Summary
http://www.informationtribunal.gov.uk/DB...

If you are dissatisfied with this FoIA internal review, you have the right
to appeal the decision by contacting the Information Commissioner for a
decision on whether your request has been dealt with in accordance with
the requirements of the Act.

For information on how to contact to the Information Commissioner please
visit their website at www.ico.org.uk. Alternatively, phone or write to:

Information Commissioner's Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF

Phone: 01625 545 700

Yours sincerely

Brian Wilson
Information Law Advisor

Total Policing is the Met's commitment to be on the streets and in your
communities to catch offenders, prevent crime and support victims. We are
here for London, working with you to make our capital safer.

 

Consider our environment - please do not print this email unless
absolutely necessary.

NOTICE - This email and any attachments may be confidential, subject to
copyright and/or legal privilege and are intended solely for the use of
the intended recipient. If you have received this email in error, please
notify the sender and delete it from your system.  To avoid incurring
legal liabilities, you must not distribute or copy the information in this
email without the permission of the sender. MPS communication systems are
monitored to the extent permitted by law.  Consequently, any email and/or
attachments may be read by monitoring staff. Only specified personnel are
authorised to conclude any binding agreement on behalf of the MPS by
email. The MPS accepts no responsibility for unauthorised agreements
reached with other employees or agents.  The security of this email and
any attachments cannot be guaranteed. Email messages are routinely scanned
but malicious software infection and corruption of content can still occur
during transmission over the Internet. Any views or opinions expressed in
this communication are solely those of the author and do not necessarily
represent those of the Metropolitan Police Service (MPS).

 

Find us at:

Facebook: Facebook.com/metpoliceuk

Twitter: @metpoliceuk

Merlyn Roberts left an annotation ()

The word is "obfuscation". A decision was taken to abandon pursuit of this FOI request in view of the manner in which the MPS chose to deal with this. There has been a clear policy of obfuscation in relation to this throughout.

Despite the purpose of the request being stated in language that is comprehensible, the MPS decided to either adopt an awkward approach, or use obfuscation, rather than provide an honest reply.